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HomeMy WebLinkAbout1986-05 Petition to District Court of Competent Jurisdiction Proposing the Orginization of a Special Districtf ~ 4 y TOWN OF VAIL RESOLUTION NO, ~ j;~HEREAS, pursuant to parts 2 and 3 of article 1, title 32, Colorado Revised Statutes, a petition to a district court of competent jurisdiction proposing the organization of a special district in which the area to be included within the proposed special district is confined exclusively within the boundaries of any existing municipality must be approved by resolution of the governing body of the municipality; and 4~,THEREAS, the proponents of the proposed Cascade Village rSetropolitan District intend to initiate legal proceedings relating to the organization of a metropolitan district pursuant to parts 2 and 3 of article 1, title 32, Colorado Revised Statutes; and WHEREAS, the area comprising the proposed Cascade Village Metropolitan District is located entirely wit~tin the boundaries of the 'Town of Vail; and WHEREAS, the Council of the Town of Vail has considered the Service Plan for the proposed District and testimony presented to the Council; N06d, TIiEREFURE, SE I'i RESOLVED $Y TciE ~1'04;~N COUfdLIL OF THE TOWN OF VAIL, COLORADO, AS FOLL04JS: Section 1, Triat pursuant to Section 32-1--204.5, Colorado Revised Statutes, the Council of the Town of Vail hereby finds and determines that: a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed special district; b} The existing service in the area to be serviced by the proposed special district is inadequate for present and projected needs; c) The proposed special district is capable of providing economical and sufficient service to the area w~.thin its proposed boundaries; d} The area to be included in the praposea special district has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Section 2. That the Service Dian submitted by the proponents of the proposed District proposing organization of the District and providing for street improvements, sanitation 1- improvements, including storm, flood and surface drainage facilities, and transportation improvements, including a ski lift, i.s hereby approved, which approval is based on the stipulations hereafter set forth. Section 3. That the plans and specifications for improvements authorized to tie provided by the District pursuant to its Service Plan shall be subject to the review and approval of the Town of Vail, pursuant to the then-applicable rules and regulations of the Town for review of the type of improvement to be provided. The District acknowledges that the propert~r within the District's boundaries is subject to the `S'owri's planning and zoning ordinances and regulations, and that necessary approvals and permits required thereunder in connection with provision of District improvements will be obtained. Section 4. That the District shall obtain all necessary permits and pay all prescribed fees associated with any and all improvements to be made. Section 5. That all improvements constructed by the District shall be designed, constructed, and warranted in accordance with the standards and specifications of the Town of Vail, and/or the Colorado Department of Health, Colorado Department of Highways, Colorado Passenger Tramway Safety Board, as appropriate to the improvement to be provided. Section 6. That the District shall not assume any operations and/or maintenance activities with respect to the improvements authorized by the Service Plan without the prior approval of the Town of Vail. In this regard, the District shall be authorized to enter into an agreement with Vail Associates Inc. by which Vail Associates Inc. would operate and maintain the chairlift to be constructed by the District. The Town shall have the right to review and approve paid Agreement. Sectiorz 7. That the District shall hat, without the prior approval of the Town of Vail, be authorized, nor shall seek authorization, to provide improvements other than those described in the Exhibits to its Service Plan, nor shall it bN authorized to engage in any activity, purpose or provide any service, other than as identified in its Service Plan. In this regard, the approval of the Tuwn of the organization of the District is based upon the District undertaking to exercise only those powers, and only for the provision of the improvements, as are described herein. In this regard, the District shall not undertake provision of public transport facilities or services, other than the provision,. and operation of the chairlift authorized to be constructed by the District, unless the prior consent of the Town is obtained. 2- I f Section $. That the '.gown of Vail shall not incur any expense zn the i:armatiori or operation of the prnposed District or its retirement of capital obligations and furthsr that the District shall indemnify and save harrniass the Tuwrz rrc~m any Lass, claim, damage, tax, penalty liai~iiity, disbursement, litigation expenses and court costs arising out of, or related tv, the issuance or sale of tsonds of the District, or District operations, except those resulting from the Town's negligence ar willful or intentiianal misconduct. Section 9. That the District shall not seek any inclusion or exclusion of property from its boundaries, sha~.l not seek consolidation with other ~urisdzctions, or dissolution of the District prior to satisfaction ar outstanding indebtedness, without the prior approval of the Town. Section 10. That the District shall not, without the prior approval of the Town of Vail, seek authorization from its electors to irxcur indebtedness for amounts greater than that identified in the Service Plan as the amoutzt of authorization to be sought from the electors of the District to Lund ttie costs of the improvements, which amount small include completion, construction, acquisition anci/or installation of the praposeci facilities, plus contingencies, inflation, design and construction engineering, construction management, organizational costs, other capitalized expenses including accounting, legal and engineering fees, dent issuance costs, capitalized interest, reserve funds, and other incidental and related costs. Section 11. That the District shall not seek to refund any indebtedness without the prior approval of the `T`own. Section 12. That the District shall not undertake replacement of the chairlift authorized to be constructed by the District, without the prior aggroval of the Town. Section 13. That the Town shall, to the extent reasonably necessary to protect itself from liability on account of District operations, be 'named as a co-insured an insurance policies of the District. Iry this regard, the District shall obtain such insurance or other risk protection - which may include being named as a co-insured an policies of Vail Associates, Inc. - with respect tv operation of the chairlift, as may be available to insure against risk of loss ar liability on account of District operations. Section 14. That the District shall provide annual status reports to the Town with respect to its operations, as required by title 32, Colorado Revised Statutes, and otherwise shall provide the Town with such periodic: status reports on District operations as the Town may reasonably request. 3- r Section 15. That the District shall be dissoivec~ pursuant to the then-applicable Colorado laws after provision of the improvements authorized to be provided by the District, upon the payment, discharyN and satisfaction or all indebtedness and obligations of the District, or at such time as operation of the cnairlift to be provided by the District permanently ceases to operate; provided, however, that the r~.'own shall have such rights to initiate dissolution of the District prior to this time as may then be available under appiic:abie Colorado laws. To the extent dissolution of the District is initiated without satisfaction of outstanding District indebtedness or obligations, a Plan for Dissolution shall be prepared pursuant to Section 32-1-702, Colorado Revised Statutes, for review and approval by the Town which provides for the satisfaction of such indebtedness or obligations. With respect to any request by the Town for dissolution of the District upon the occurrence of the above conditions, to the extent such dissolution may be achieved without an election within the District, the District shall, to the extent such procedure may be initiated in the discretion of the Board of Directors of the District, undertake dissolution i:n such manner. Section 16. That the District shall in addition to other notices required under Title 32, Colorado Revised Statutes, fail notice to the qualified electors and property owners within the proposed boundaries of the District, of the date, time, and place of the election, the qualifications to vote in such election, and stating that if the organisation of the District is approved, the property taxes or property owners within the District could increase by up to thirty percent over present levels. Section l7. That the stipulations contained within this Resolution shall be incorporated into and made a part of the Order and Decree oz the District Court, Eagle County, Colorado, establishing the organization o1 the District. Section l8. That a certified copy of this Resolution shall be filed in the records of the Town of Vail and submitted to the petitioners of the proposed District for the purpose of filing in the District Court of Eagle County. 1986. RESOLVED AND PASSED this 21st day of January 4- t ~ ~ w ATTEST: Town Clerk a.. . s TOF,~N OF V By. Mayor APPROVED AS TO F013M: ~ ~ „~ r n At rney 5_