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HomeMy WebLinkAbout1968-12-23 Town Council Minutesa ` FFICE COPY DO OT REMOVE MINUTES OF THE MEETING THE BOARD OF TRUSTEES - THE TOWN OF VAIL DECEMBER 23, 1968 On Monday, December 23, 1988, at 7:35 P, M. , the Meeting of the Board of Trustees of the Town of Vail was called to Order by the Mayor, John Dobson. ROLL CALL: Roll Call found the following Members present: John Dobson, Mayor T. I. Steinberg Richard Bailey John Kaemmer C. E. Kindel Joseph Langmaid Absent: John Donovan Also present were F. Blake Lynch (Town Manager), and Peter Cosgr9.ff (Attorney). fq 1. CONSIDERATION OF MINUTES OF PREVIOUS MEETING The Board reviewed the Minutes of the Previous Meeting held December 9, 1968. Trustee Kindel made a Motion to approve the Minutes as read which was seconded by Trustee Bailey. The Motion was unanimously passed by the Board. 2. FIRST READING OF A PROPOSED ORDINANCE NO. 17, "AN ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF VAIL, EAGLE COUNTY, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, PURCHASE, ACQUIRE, LOCATE, MAINTAIN, OPERATE, AND EXTEND INTO, WITHIN AND THROUGH SAID TOWN, PLANTS, WORKS, SYSTEMS AND FACILITIES, FOR THE PURCHASE, STORAGE, TRANSMISSION AND DISTRIBUTION OF GASEOUS FUELS, OR MIXTURES THEREOF BY MEANS OF PIPES, MAINS, OR OTHERWISE, OVER, UNDER, ALONG AND ACROSS ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES, PUBLIC WAYS AND OTHER PUBLIC PLACES IN SAID TOWN OF VAIL, TO SELL, FURNISH AND DISTRIBUTE SAID PRODUCT TO THE TOWN OF VAIL AND THE INHABITANTS THEREOF, • AND FIXING THE TERMS AND CONDITIONS THEREOF." Attorney Cosgriff asked Mr. Higday of the Public Service Company if he had proof of publication for the Notice of Application for Franchise by Public Service Company of Colorado. Mr. Higday presented a copy of the publication to F. Blake Lynch, which had been published by the Eagle Valley Enterprise. Mr. Higday gave a brief report. The final reading of the ordinance will be January 13. The application will be filed with the Public Utilities Commission the next day; it will be set for hearing January 21, 1969, with the PUC. Certain changes in the original presentation of the Franchise to the Board have been noted and exist in the final Ordinance. Maps were presented to show the plans for the area. Mr. Cosgriff noted he had reviewed the Ordinance and the changes as discussed in the last meeting, had been incorporated. He stated everything was in order. Trustee Kindel moved that the Board of Trustees consider the Franchise ordinance applied for by Public Service Company of Colorado and that it be read in full by the Town Clerk. Trustee Steinberg seconded the Motion. Page Two After being read by the Town Clerk, the Board was polled as to the reading and understanding of the Ordinance in the order following: Trustee Bailey Trustee Kindel Trustee Kaemmer Trustee Langmaid Trustee Steinberg Blake Lynch then polled the Board as to their approval of the Ordinance; all were unanimously in favor as follows: Trustee Bailey Trustee Kindel Trustee Kaemmer Trustee Langmaid Trustee Steinberg Trustee Kindel moved that the Board of Trustees should further consider the application of Public Service Company of Colorado at its regular meeting to be held January 13, 1969, and that a Notice as to Further Consideration be published with franchise text for three issues in the Eagle Valley Enterprise. It was seconded by Trustee Bailey and unanimously approved by the Board. 3. CONSIDERATION OF ORDINANCE NO. 18, SERIES 1988, "A SUPPLEMEN- TAL ORDINANCE AUTHORIZING THE EXPENDITURES OF FUNDS BY THE TOWN OF VAIL IN EXCESS OF THE TOWN BUDGET FOR 1968, AND DECLARING AND DEFINING THE EMERGENCY FOR SUCH APPROPRIATION. " The Ordinance was reviewed and generally discussed by F. Blake Lynch. After being read by the Town Clerk, the Board was polled as to the reading and understanding of the Ordinance in the order following: Trustee Bailey Trustee Kindel Trustee Kaemmer Trustee Langmaid Trustee Steinberg Blake Lynch then polled the Board as to their approval of the Ordinance as follows: Trustee Bailey Trustee Kindel Trustee Kaemme r Trustee Langmaid Trustee Steinberg Trustee Kindel made a Motion that Ordinance No. 18 be accepted and adopted as presented. It was seconded by Trustee Langmaid and all were unanimously in favor. 4. CONSIDERATION OF THE 1969 APPROPRIATION ORDINANCE NO. 19, SERIES 1968, "THE ANNUAL APPROPRIATION ORDINANCE: APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR THE TOWN'S FISCAL YEAR is BEGINNING JANUARY 1, 1969, AND ENDING ON THE LAST DAY OF DECEMBER, 1969. " ills Page Three F. Blake Lynch reviewed the Ordinance briefly. He then polled the Board as to the reading and understanding of the Ordinance as follows: Trustee Bailey Trustee Kindel Trustee Kaemmer Trustee Langmaid Trustee Steinberg The Board was then polled as to their approval of the Ordinance; all unanimously approved as follows: Trustee Bailey Trustee Kindel Trustee Kaemmer Trustee Langmaid Trustee Steinberg 5. CONSIDERATION OF THE RENEWAL OF THE CONSOLIDATION AGREEMENTS WITH THE VARIOUS SPECIAL PURPOSE DISTRICTS FOR ANOTHER YEAR. After a brief discussion by Blake Lynch, Trustee Langmaid made a Motion to authorize the Mayor and Town Clerk to renew the consolidation agreements. Trustee Steinberg seconded the Motion and all were in favor. 6. REPORT ON THE ENFORCEMENT OF THE NUISANCE ORDINANCE. Mr. Blake Lynch reported on recent nuisance ordinance enforcement measures. Some further discussion was held as to the nuisance charges against Robert T. Lazier; i. e. , ice overhang, par"4n yikets, trash. Chief Holmes suggested witnesses be present in court to eest these charges. Peter Seibert noted these nuisances have been definite hazards and that the ordinance was written not to harass people but to protect. The matter was left in the hands of Mr. Lynch for the present. • 7. REPORT ON 701 PLANNING AID Mr. Lynch reported the Town had received a $10, 000 Planning Grant. He reviewed briefly the plans and some of the things he hopes to accomplish with the funds. 8. DISCUSSION OF STRUCTURED PARKING POSSIBILITIES. After a brief discussion by Blake Lynch, Mayor Dobson stated he would call a Special Meeting after the Christmas Holidays on the subject. He advised Mr. Lynch to go ahead on this project. 9. OTHER REPORTS It was reported the ice skating rink had opened and was doing well. 10. MAYOR AND TRUSTEES None. A Page Four 11. CITIZEN PARTICIFSATION Chief Holmes stated the State Liquor enforcement officers were working under cover to observe the crowds staying in Vail during the holidays: It was noted the Town had received a letter from Jack Olson thanking the Fire District for its aid on the fire on his property. He sent a check in the amount of $250.00 to the District as a donation: With no further business to come_ before the Board, Trustee Langmaid made a Motion to adjourn. It Was seconded by Trustee Bailey and the meeting carve to a close at 9:30 P.M. 0 f I t 2581 PROOF OF PUBLICATION STATE OF COLORADO. 9a. OUNTV OF EAGLE �llj(�CcCZL_; rt -- do solemNY swear that I am the ..:,�P -. :-< „��-L9r.L�x e��,of The EAGLE 4AL1.}yY E1�TE22PA1wE: Chat the same is a weekly newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper bas been pnblisited continuously and uninterruptedly in said County of Magic tar a perial of more than rifts -two consecutive weeks next prior to the fittt publication of the annexed legal notice or advertisement; that said news- paper has. been admitted to Lae United States malts as second-class matter under the provl;.ions of the Act of March S, 1379, or any amendments thereof and that said newspaper Is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular an.' entire Jamie of ever), number of said weekly newspaper for the period of -....consecutive ineerttans; and that the first publication of said notice wat in the issue of said newspaper dated ......-..' . `� ............. _A. D. and that the last publication of said notice was in the issue of said newspaper led ..................... C .f�-t--.r�.......�.-. f ...:t. D 19.....(e�.. in witness whereof I have herounto set my hand this .......sue .._ :.`......--day of r 4:C ..... ---....�A. D. 18.. �... ...- Subsrlbed and sworn to before me a notary public in and forthe Countyof i �� Eagle, State of Colorado, this...... SOP .................. ° `.-'........ D. 18 ..IV Notary �Ijc ma y .j my commissiou expires .?'....../v-y............................. 19.-......{"1. n oiri 1-d3,t`3mm.Dfy'LV',• iI�V1.,JL)�lltj �y:1h''.,,.,riF��Vrtf..L /y ,l�D�Y . .iJ lY3Y l^1;41 ST.:- VJo.IN:�- -!DO pursuant to tA . StatUtes aE :the State of Colorado, notice: a., is hereby giveztx i;eg- i Ithir mcpWi3' of the Y: oa,4 of t .,- , ., T,rusteos of the Town of Vail, ., �•' claullty of I eaglet St'tiC'cf Col I orudo, to be held oL D ccm ;-� ber.23, 11,963 at the, hour of 7.30 a'clock V. M., at.ils us-.' ual place of inctKi'ng in the ' Mill Crook Court Bulluing in"', Vail, Colorado, the PV:31:C_ ' SERVIGi7comet-tad tyr j' duly organ Ozed arri e;ci<_ ing I wilder aiid by Yirtae of the i lavvs of the :,Lt:2 of Colo rado, will teal>e appjicratlon to .. said Town gor'the passage- of an ordln aaco grar..ti ig t0 52l(1 Public :iervicx� company of :. Colorado a franchise to pXo-. vide gas service hi said Tmvn. . for a 25-yxir period. The propnaed.fnrincalso, t Irides for the supply of gas d service In accordance with + ]Rate 5chedulP3i Standards of,! Service, Rules mid Iteguia- i tlons and Service Connection and Extension Policies in ef- `, t feet and as are from time to time filed with or fixed by >, The Public. Utiiitics C;onxirtl. . ' lion of the State of Colorado_. Provisionis made for an ad- equate supply. of natural gas, with the right _to supply oth- er gaseous fuels or mixtures thereof in the event that a natural- gas supply: cannot reasonably be obta5iwd. in considNrdilbri of th0 grant' of the franchise, a payment to, . . the. Towri of two pektellt -(2 .:' -' %) of gross revenue derlvcfl from the sale; et'gas, as> with certaln e dutrtony.and, gttfili• flcations, is piovidt d. -The propactl Sranchlse is available fur -inspection anti ° .4 copies thereof may be obtain- ed • in the ofvm-,of the Tot rq Clerk in the Tow lHalVin f(s� Iry Present Pug ksherla Affidavit. Frwob se met be reed Ita Alt.. . Ri)DL►GT(�RY\ �. I MM thet the BO*M of Traota is now eMsMer the franchise ordinance applied for by POW service Cmpmy of bolorado and that it be read in full by 8I 'Town CUrk. I that the Board of Trustesa should f urtbar eonsider the application of Ptblie Serviee CAW of Caloredo at its reptor meeting to be hold Jmue y 13, 1969, acid that a Notice as to farther Consideration be published with rranchiso text ftr Woe issues in the Eagle VaIUy Enterprise. ORDINANCE NO. L2 Series of 1968 THE ANNUAL APPROPRIATION ORDINANCE: APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR THE TOWN'$ FISCAL YEAR BEGINNING JANUARY 1, 1969, AND ENDING ON THE LAST DAY OF DECEMBER, 1969. WHEREAS, The Board of Trustees has, by ordinance, adopted a budget for the Town for the fiscal year beginning January 1, 1959, and ending on the last day of December, 1969; and WHEREAS, the Board of Trustees has, by ordinance, made the proper tax levy in mills upon each dollar of the total assessad valuation of all taxable property within the Town, such levy representing the amount of taxes for Town purposes necessary to provide for payment during the Town's said fiscal year of all properly authorized demands upon the treasury; and WHEREAS, the Board of Trustees is now desirous of making appropriations for the ensuing fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL, COLORADO: Section 1. That the following appropriations are hereby, made for the Town of Vail, Colorado, for the fiscal year beginningg January 1, 1969, and ending on the last day of December, 1969, from the General Fund for the payment of operating expenses and capital outlay of the general government, public safety, public works, recreation, public health and contingencies: General Government $ 92,965.00 Police 69,843.00 Public Works 47,080.00 Public Utilities 77,400.00 Recreation 55,530.00 Ice Skating 3,000.00 Fire 11,410.00 Capital Expenditures 18,000.00 Contingency 3,322.00 TOTAL: $389.550.00 INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED this day of December, 1968. ATTEST: Town Clerk Mayor ORDINANCE NO. 18 Series of 1958 A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPEN- DITURES OF FUNDS BY THE TOWN OF VAIL IN EXCESS OF THE TOWN BUDGET FOR 1953, AND DECLARING AND DEFINING THE EMERGENCY FOR SUCH APPROPRIATION. WHEREAS, the Town of Vail has received certain revenues not budgeted for previously; and WHEREAS, the population of the Town of Vail, and the use and demand for municipal services within the Town, has expanded at a greater rate than previously anticipated;;and WHEREAS, the Town has been obligated to expend addi- tional funds for the purpose of completing a street paving project; and WHEREAS, the Town has ;previously adopted a budget which has not taken into consideration the increased revenues received by the municipality this calendar year, nor has said budget p taken into consideration the increased expenditures necessary to .provide adequate municipal services for the Town, including the necessary street paving project referred to above; and WHEREAS, by reason of said facts and the Town s municipal obligations thereunder, the Board of Trustees considers an emergency exists and that emergency appropriations aad ex- penditures be authorized as hereinbelow provided. z BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL, COLORADO: Section 1. There is hereby appropriated to the general fund (subsection Street Maintenance), the sum of $31,000.00. Section 2. That there is hereby authorized the expen- diture of the sum of $31,000.O0, during the year 1968, for general municipal purposes and, in particular, for street main- tenance and paving. Section 3. Emergenc The Board of Trustees finds and determines that the passage a� this ordinance is necessary for the immediate preservation of the public health and safety of the inhabitants of the Town of Vail, and that this ordinance shall become effective Five (5) daps after publication, READ, PASSED, ADOPTED AND ORDERED PUBLISHED this day of December, 1968. ATTEST: Mayor Town Cleric elNii!'JX'+tWAk�u'9'tW-"YB':",it'?[AYIr�.%r`.US=y1..'.: F mc%neK�.r�reu'.n'asan+.w:nl.�ens.mtOvm:tip"4":P.�a7it, VA .. , i ); BOARD OF TRUSTEES BLAKE LYNCH ; 3: GAS FRANCHTSF Attached please find a copy of the letter Peter Cosgriff sent regarding 3 the ordinance changes we .requested, the letter from Public Service � a.n'L)xnlr indicating compliance with this request, a gas rate comparison cf. and a copy of the revised ordinance, � • N!Tr. lfigday has developed information to show that approximately 18 z. rm tit of total. gross revenue will be received above the $2, 500. 00 Cut off. This percentage of gross will not be subject to the 2 percent Franchise Tax. The tax on this would amount to approximately $800. 00. 1 assume, this meets with the approval of each and every Board Member. Please let me know before Monday night if any of you object to, this cr any other feature of the ordinance. `the switch to Public Service Company will mean an aggregate comniun.ity gas bill :reduction for the first year of at least $50, 000. 00, .j This is e_c uiyalent to a ten mill reduction in properly taxes. ! i b ` � f f t ' F on 1.; Clos Apall';a Gar- �.0�',9lor.iftd 9 cz Ufi$; to cona a,."'ram to r tlll-%l Ull C, A err f:c: c�attnna �.ar�Cra,4ra�u% �'a�t_t�nn t3w0��ae•a ,a �:€€a �� � r� .�.� y • x 1. L..�1. i 4 �n Q,p$.>3%C�i ly •4.O p-p.Y., 4$�.l el,.a��a i..'W�1++.��Lg 5.4L Vail. 7 .� io chili e0d Tots hr,%70 C.la vbal ii.;;� ("7. !.;-.A,ram• a � fan{.zS'.ss ts t OEM 1= 1 r ` i y r • ,f Ir N t : iS I , { 'LAW O II PA EC5 PETER COSCRIrF i • • • ...• :•r. niir.hl LEADViLLE, COLOPoAC70 6o 4t31. 'i?"t,c s A9 `r Its . r .,nGi iFS�}7 �AAa S1:RJVt pS�� ,31 T, 6-m 6i,2 7CIJ.. I ex3 Y - `k {yam r� }} ,y q� q p, v - k.'•F.i'A�.�i.�, M.�.�'.�b _1 e; i..'k+` n�.4.r�1.�.�w;i inia �°ii+t�+79�i?.e, y a3 t '2F: £,:}}?.7 Y 3s f L;?:{eiu ��,d ti, ,,r3 }},,�....y�m-gf 9 k'R ja^' _' °tee +,,1.4 K. {.`w2.. 3y�iile.C;a �t d� @,'✓s `CCbf,}e. S. 11f p4 ,.v +Iry t. ;rwK � ba1 l<' ¢ .S 9• g _ � N C.`�'de�b.»4.e �4 +� rs _�a�<. cs' . '� t^�"y ` ij .�i�:Y.`•7:��a ii' :>r,.i;i,�" Ln QY'fP. Sa't.��f�L i°3�$ d ��r1 .,d-x; .`X .:g'?'".i., s.i!:%r`>d.:�.Sc�is'44L-�i a".is',^: �.°Yw��i:v..'•:l'r 'F';'4:+N,'�.`� S!",.+,��tir,.:w: �4» {.��'3.F.. � '( r,R�. ,sc,a:$ oy,a •,r•, a i3"i .sue •, .a ✓ :.w .� 1. fs,r! vrlr��pi. l.1� t' ..-..t •,J i.5.a°i d.4:I.i Y`.O.}1:47d 6:' {fM LA ��). 4* f �*a' tb M)a. •"%;Mi�4� t l�r ._S 0 • .�� CF4 c"�:if:C„;•£; }.1 M A. 2. .:� r i L� 3En i.It`a Vz `3:'[arlt,a: r. iora 2. �4nn�r � esar 1i4t'i^' ��� °'fir • M tea` .vi.11 0ii i3 �3 s(rY•, i IT 3 'A ' 4:�..de �t��.•�. E��j VFre ir.9.��'di.i „r >tY�„F�a�. .w?���,• 5 ♦:��r.�Fat°:; 9"171 it 0.. • ap M c 01.71 rMt Q C c 2) sj'r� ;'vpmn C1 !'�'qofj t ricsnd cn to zil , O.P. f & 'qwg Ltry q pc 2. eh( �k: :v .qqq 4 0 or* tills f, oc z amn t 1-n Mocl J)p of zny Co Vlhn 1(n otmaz oil fo V Cm "P. a:u fivx.'t' r-k- by cn.7 It -in Our va6m- CM'-'7Pu3z awl and lylli U-.� rzo to COPS LEE, eRYANa, KPLf_Y & Ci!'ANSFIELD . _ AYTakNEYBu4I LAW PU13LIC F:CTVICE COMPANY VUI4.O;NG [7ENVCrt. a-' t f;aili.t.:(" l L ( F 7 1 r l:: . '�. ,xa 4 ?.? t �3 k s Mr. Higday of, Public Service Company ►gas a'ef�.� d cl asa d' r:t-`,: youn latter of December 1.2, 1968, 'regarding the �Oolv,,gA of "... . suggested change in the proposed gasp franchise t sWe are: agreeable to your ,-aggestionsa except ' 0 'f;ol;lows Article 1 i :'4 ,,i-:Ao-n 1 w Grant of AlIthorit Ir1,a, ire deleting the words °production" and "anarufayture" n r,t only from this aection bv.t also from the caption. .. It wi2 � d b:� xipco•ssary to ma%e the insertion regarding ctt(n°,,u2rjtew suggest, since it: is nnlikel that such a;:i orpo. c:np Y g 1 ' handled by p,.oductior or manufacture. •� � .,::t:irti 2 - Mannerof Use Wo. fe a that the suggasi tc, d refordrice to Ordinance IYOn, � e.lorld be undesirable bd>t:11 Cro;jj tht .si-%ndpoint C:% tbn-'1Om. an Cc'+ittnazty Zou will recall that Section., on 4, of Article VI 'n, 72ken the C. subJect to police povror, ordinances genex.a ily. �7C " halvconsidered the Carmpany bound, to -comply" %,Y th. cards.-• :- ,c cin regulating strort excavations, and feel that,bin a-aZcrance is preferable to naming a sspec?_fIq'ox•dinance i cho orananco were named Specifical.l,y and it eJera a1.::ro:.sary to amend it, it r:aould also use necessaz.,y to aveald' d +.;c y ; aachise, which is a complicated procedure. +t 9 4 k - f ..3 '.r l,►eyC:fal}�t;�k � i ,} .;(,�r��3�, � •;� Vie operating personnel .11 th Gas ISePE).%iviv�z.r 6:1 1 r<�,,.'. ; have 9M0 concarn OVOrr tl�e workabili ter ©9 s.^;i!'taill r-_;,• ,,,,,,,,t7Tla in Your S3treet-CtY'`e.. ordinance, nZtY2CE3• hGi:1 ...: Oisclasslons With the City off`.cita1CCi?, 3•:-roblews out to the mutua., v-a .jwfactjoj of avE;?;sjr, lin'o- I am sending a copy of ;this ].otter to Jim Ila4cday aaicl ;.' ' ho xr. a:Ico being sent 1-h-k revaspa .ages of the .LkCUlc:la.LJG- 04.- h-01--Porxtitig tkir chart, esou have su realad c tcse tix ave indicated above vary,: tru7.,y "yours; Donald PS Caweit: Mr. Fames L. Nigday,: z P. O. k3ox 973 Leadville, colorado 80461 ,g } y; ' 'r: w E 0 GAS RATE COMPARISON DECEMBER 1, 1968 GAS FACILITIES, INC. - Vail First 3, 000 cu. ft. $0. 13 per C Next 2, 000 cu. ft. $0. 12 per C Next 5, 000 cu. ft. $0.11 per C Next 5, 000 cu. ft; $0.10 per C Next 25, 000 cu. ft. $0.09 per C All Over 40, 000 cu. ft: $0, 08 per C Monthly Minimum $3.00 PUBLIC SERVICE COMPANY - Alamosa, Antonito, Breckenridge, Del Norte, Dillon, Frisco, LaJara, Leadville, Manassa, Minturn, Monte Vista, Red Cliff, Romeo, Sagauche and Sanford. First 400 cu. ft. Next 1, 600 cu. ft. Next 6, 000 cu. ft. Next 6, 000 cu. ft. Next 6, 000 cu, ft. All additional Average._ Yearly. Rate. Per CCF Public Service Company - Minturn: 0 Gas Facilities - Vail $. 0870 $.1065 $1. 45 $0. 135 per C $0.085 per C $0.075 per C $0.070 per C $0.063 per C ORDINANCE NO. AN ORDINANCE ORO-TINY) A PRANCHISF2 BY' THE TOWN OF a VAIL, EAGLE COUNTY; COLORADO, TO PUBLIC CERVICE COM fiNY OF COL"O.RADO, ITS SUCCESSORS AND ASSIGNS, i TO CONSTRUCT, PURCHASE, ACQUIRE, LOCATE, MA.INTAIN, OPERATE, AND EXTEND INTO, WITHIN AND THROUGH SAID TOj+1N, PLANTS, WORKS, SYSTEMS AND FACILITIES FOR ,' THE PURCHASE, STORAGE, TRANSMISSION AND,DISTRTBUTION OF GASEOUS FUELS, OR MIXTURES THEREOF BY MCANS OF PILLS, Ai4INS, OR OTHERWISE, OVER, UDTDER, ALONG AND ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, BANES, PUBLIC WAYS AND OTHER PUBLIC PLACES IN SAID TOWN OF. VAIL, TO SELL, FURNISH AND DISTRI BUTTE SAID PRODUCT TO THE TOWN OF .VAIL AND THE IN HABITANTS THEREOF, AND FIXING TIE TERMS AND CON- DITIONS THEREOF. BE IT ORDAINED BY"THE BOARD OF TRUSTEES,. OF THE TOWN 0I VAIL, EAGLE COUNTf,.COLORADO: :. .ARTICLE I.. Whenever the word Town is hereinafter employed. it sha32. desig- ., nate the Town of Vail Eagle County, Colorado, the grantor, and whenever the word Company is used it shall designate not only Public Service Company nst of Colorado, a Colorado corporation, the grantee, but also its successors , assigns. Whenever The Public Utilities Commission of .the State of Co)oxado is referred to, it shall be deemed to include any authority succeeding to the regulatory powers thereof. ARTICT8 II. Section 1. Grant of Authority. There is hereby granted by the 'i'ocm to 'the Company the franchise right, privilege and autYsority to con - locate strati, purchase, acVire, , 'maintain, operate and extend into, tri.thi.n, and through said Town, plants, 'works, systems and facilities for tho storo.ge,.purchase, transmission and::distribution of g"eous fuels, (nzxhirul, artificial, synthesis, liquefied natural;.. liquefied, petroleum, , manufactured, or any mixture thereof): for heat1ng, cool-ing, cooling, or other similar utility purposes; with the right and privilege4or'the; t period and upon the terms and conditions hereinafter specified.to sell,, furnish, and distribute said gaseous fuel to the Town, and the inhabitants r i S i thereof, by means of pipes, mains, or othervrise, over under, alo anff- across.92.1. rtreets, alleys, viaducts, bridges, roads, lanes, public ways and other public p,_aces in the Town an,,. over, under, along and acro s any extensior connection w`th or eontinua;iou of the sani and over, up ir, i along and across all new streets, alleys, viaducts, bridges, roads, Icuies, i public ways and other public places as may be hereafter laid out, opened, l located or constructed within the territory now or hereafter included in the l boundaries of said Town. Section 2, Manner of Use - Repair. The Company is further granted the right, privilege and authority to excavate in, occupy and use any and . all streets, alleys, viaducts, bridges, roads, lanes, public ways and other public_ places under the supervision of properly constituted authority for the purpose of bringing gaseous fuels into, within and through the Town and supplying gaseous fuels to said Town and the inhabitants thereof and in the territory adjacent thereto, provided, however, that the Company shall so locate its plants, works, transmission and distribution structures, equip- ment, mains and pipes within said Town as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said streets, alleys or other public ways and places. Should it become necessary for the Company, in exercising its rights and performing its duties hereunder, to interfere with any side- walk, graveled or paved streets, roads or alleys, or any other public or private improvement, the Company shall repair in a workmanlike manner such sidewalk, graveled or paved street, road, alley, or other improvement after the installation of its mains, pipes or other structures. The Company shall use due care not to interfere with or damage any water mains, sewers, or other structures in said streets, alleys or other public places. Section 3. Town Held Harmless. The Company shall so maintain its structures, apparatus, mains, pipe and other equipment as to afford all - 2 - 7•,y IJ reasonabl: protection against injury or damage to persons or propei;y I: therefrom, and the Company shall save the Town harmless from all liLbi- lity or damage and all reasonable expenses necessarily accruing aga'.nst the Town arising out of the negligent exercise by the Company of the .,l rights and privileges hereby granted; provided, that the Company shall have had notice of the pendency of any action against the Town arising t. f. out of such exercise by the Company of said rights and privileges and be permitted at its own expense to appear and defend or assist in the defense of the same. Section 4. Changes at Company Expense. If at any time it shall be necessary to change the position of any gas main or service con- . ; nection of the Company to permit the Town to change street grades, or make street or sidewalk improvements, such changes shall be made by the Company at its own expense. ARTICLE III. Section 1. Heating Value. The natural gas to be supplied here- under shall contain a monthly average gross heating value of not less than the heating value set forth in applicable and effective Rules and Regula- tions as are from time to time filed with The Public Utilities Commission i of the State of Colorado. Section 2, Adequacy of Supply. The Company shall, at all times <' during the germ of this franchise, take all reasonable and necessary steps 3 -. to assure an adequate natural gas supply, but if unable to reasonably pro- r cure the same, the Company shall and is hereby authorized to supply an ade- quate amount of other gaseous fuels, as hereinbefore defined, or mixtures thereof, to satisfy the requirements of the Town and the inhabitants thereof. i; The Company shall have the further right to supply said other gaseous fuels, or mixtures thereof, at periods of peak usage or at such other times or for such purposas which will result in efficiencies in the operation of the 3 Company's system, provided that the supply of said other gaseous fuels will not impair service to the Company's customers. Such other gaseous fuels, i 0 or Toixtures thereof, shall be supplied by Company in accordance with all applicable rules and orders of The Public Utilities Commission of the State of Colorado. ARTICLE IV. Section 1. Rates - Regulation. The Company shall furnish gaseous fuels within the corporate limits of the Town or any addition thereto, to the Town and to the inhabitants thereof, and to any person or persons or corporation doing business in the Town or any addition there- to, at the rates and under the terms and conditions set forth in the Rate Schedules, Standards for Service, Rules and Regulations, and Service Con- nection and Extension Policies as are from time to time filed with or fixed by The Public Utilities Commission of the State of Colorado. Section 2. No Discrimination. The Company shall not, as to rates, charges, service, facilities, rules, regulations or in any other respeCt make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage, provided that nothing in this grant shall be taken to prohibit the estab- lishment from time to time of a graduated scale of charges and classified rate schedules to which any customer coming within an established classifi- cation would be entitled. Section 3. Extensions. Company will from time to time make such enlargements and extensions of its distribution system as the business of the Company and the growth of the Town justify, in accordance with its Rate Schedules, Standards for Service, Rules and Regulations, and Service Con- nection and Extension Policies for gas service currently in effect and as are from time to time filed with or fixed by The Public Utilities Commission of the State of Colorado. Section 4. Rules and Regulations. The Company from time to time may promulgate such rules, regulations, terms and conditions governing the conduct of its business, including the utilization of gaseous fuel and payment therefor., and the interference with, or alteration of any of the f h, Company's property upon the premises of its customers, as shall be neces- sary to insure a continuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefor,, provided that the Company shall keep on file in its office in. Leadville, Colorado, available to the public, copies of its Rate Schedules, Standards for Service, Rules and Regulations, and Service Connection and Extension Policies currently in effect and as are from time to time filed with The Public Utilities Commission of the State of Colorado. ARTICLE V. Section 1. Franchise Payment. As a further consideration for r� this franchise, and accepted by the Town in lieu of all occupancy or occupa- tion and license taxes and all other special taxes, assessments or excises E j. on the right to do business or upon the pipes, mains, meters, or other property of the Company, or other levies that might be imposed, either as a franchise tax, occupancy or occupation tax, license tax, permit charge, F; or for the inspection of pipes, mains, meters, or other property of the Company, or otherwise, the Company shall pay to the Town a sum equal to V� two percent (2%) of its gross revenue derived from the sale of gaseous fuel ! within the corporate limits of the Town, excluding all revenue received in } excess of $2500.00 derived per annum from the sale of gaseous fluel rendered to each customer at any one location. Payments shall be made on or before the first day of March each year for the calendar year next previous. Pay- for the the initial and terminal of this franchise ments portions of years shall be made on the basis of revenue as above derived for the months and portions of months in which this franchise is in effect. For the purpose of ascertaining or auditing the correct amount to be paid under the ., provisions of this paragraph, the Town Clerk and/or any committee appointed by the Board of Trustees of said Town shall have access to the books of said Company for the purpose of checking the gross revenue received from i operations within said Town. s 1. "5_ , It is expressly understood that nothing in this Section shall be deemed to limit or prevent the Town from imposing a sales tax or other similar tox, the obligation for payment of which is passed on to the consumer, or limit or prevent the assessment of general ad valorem taxes upon the property of the Company within the municipality, The term "gross revenue" as used herein shall be construed to mean any revenue derived under authorized rates, temporary or permanent, within the Town from the sale of gaseous fuels after the net write-off of uncollectible accounts, corrections of bills theretofore rendered and any adjustments of charges theretofore made. ARTICIX VI. Section 1, Term - Effective Date, This ordinance shall become t: effective on March 1, 1969, upon acceptance in writing by the Company before # said date, and the terms, conditions and covenants thereof shall remain in full force and effect for a period of twenty-five (25) years from and after j' said effective date. Section 2, Removal, Upon the expiration of this franchise, if i the Company shall not have acquired an extension or renewal thereof and i. s accepted same, it is hereby granted, the right to enter upon the streets, alleys, bridges, viaducts, roads, lanes, public ways and other public a places of the Town, for the purpose of removing therefrom any or all of its plants, structures, pipes, mains, or equipment pertaining thereto, at any time after the Town has had ample time and opportunity to purchase, condemn, or replace them. In so removing said pipes, mains or other property, the Company shall, at its own expense and in a workmanlike manner, refill any excavations that shall be made by it in the graveled or paved streets, alleys, bridges, viaducts, roads, lanes, public ways and other public places after the removal of its mains, pipes or other structures. Section 3. Assignment. Nothing in this ordinance shall be so construed as to prevent the Company from assigning all of its rights, title or interest, gained or authorized under or by virtue of the terms of this ordinance, subject to the condition that any assignment must be approved by the Town. Approval of the Town shall be withheld only upon reasonable grounds, which shall be stated to the Company. In_the event of any proposed sale a or transfer of the plant or system of the Company within the municipality the Town shall be promptly notified and shall be given the right of first refusal to purchase said plant and system upon the same terms offered the Company by any bona fide third party offeree. Section 4. Police Power Reserved. The right is hereby reserved to the Town to adopt, from time to time in addition to the p , , provisions herein contained, such ordinances as may be deemed necessary in the exercise i. Of its police power, provided that such regulations shall be reasonable and ' r_ not destructive of the rights herein granted, and not in conflict with the } laws of the State of Colorado, or with orders of other authorities having jurisdiction in the premises. ' V INTRODUCED, READ AND ORDERER PUBLISHED, the day of A. D. 196� PASSED, ADOPTED AND APPROVED, this day of A. D. 196 ;. t• Mayor SEAL is ATTEST: t: Town Clerk � { y . ?rt O m-.�:......r._:-m•:...r�+=.,.u=.s-..,.:,..,.�-.-�-.a-.�.s.f�3..._.:..,.. .r �.,�.K�w�.. 1.:.icvmr.•� ^ Box �i31 O�9 nit" '�.olw-c.�Cis pithy-: I's'Iephofte, 303 4'76 :; s61 a r TO: Board of Trustees s .. Fn.OM: Blake Lynch DATE,. December 19, 1968 y FF— Consolidation Agreement Renewals z_z Mnclosed you will find a copy of the consolidation agreement . corm ttsed bast year. I would like to obtain the Board4s s approval to enter into this agreement with each of the Dietxicts s . a gain. for another year. _ a a. Enclosure 3 �X Ii - 1 AGREEMENT TOWN OF VAIL THIS AGREEMENT made and entered into as of January 1, 1969, between the Town of Vail, a municipal corporation, and a political subdivision of the State of Colorado, WITNESSETH; A. Definitions. "Town" as used in thi's Agreement shall mean the Town of Vail and the Board of Trustees of the 'Town of Vail. "District" as used in this Agreement shall mean the and the Board of Directors of the B. Term. This Agreement shall be in full force and effect from January 1, 1969 to January 1, 1970, unless sooner terminated or modified as herein provided. C. Performance. For the consideration hereafter expressed, the Town hereby agrees to operate and maintain the facilities of the District and do all things necessary and incident thereto including, without limitation, the following; • 1. The supervision, direction, operation and management and the maintenance and repair of all physical facilities of the District and all personnel connected therewith. 2. The management and supervision of all con- struction projects of the District.