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MINUTES OF THE MEETING
VAIL BOARD OF TRUSTEES - THE TOWN OF VAIL
HELD JANUARY 13, 1969
On Monday, January 13, 1969, at 7:40 P.M., the Meeting of the Board of
Trustees of the Town of Vail was called to Order by the Mayor, Jobn A.
Dobson, in the usual meeting place in the Mill Creek Court Building.
ROLL CALL: Roll Call found the following Members present:
John Dobson, Mayor
John Kaemmer
Joseph Langmaid
C. E. Kindel
Thomas Steinberg
John Donovan
Richard Bailey
Also present: F. Blake Lynch, Town Manager
1. CONSIDERATION OF MINUTES OF PREVIOUS MEETING.
After reading the Minutes of December 23, 1968, it was noted a word
change was in order. With this correction, Trustee Kindel moved that the
Minutes be approved as corrected; this was seconded by Trustee Langmaid
and unanimously approved by the Board.
After reading the Minutes of December Z7, 1968, it was noted there
was a correction in the Roll Call. With this change Trustee Kindel made
a Motion to approve the Minutes; it was seconded by Trustee Langmaid and
unanimously passed by the Board.
0 2. SECOND AND FINAL READING OF ORDINANCE NO. 1, 1969, ENTITLED:
"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, CR 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 DISTRI-
BUTE SAID PRODUCT TO THE TOWN OF VAIL AND THE IN-
HABITANTS THEREOF, AND FIXING THE TERMS AND CON-
DITIONS THEREOF. "
Mr. Higday presented to the Board Proof of Publication for the Notice
as to Further Consideration of Ordinance Granting Franchise to Public Service
Company of Colorado, published by the Eagle Valley Enterprise. He stated
the P. U. C. Hearing was set for January 21 at 500 Columbine Building, 1825
Sherman Street, Denver, at 10:00 A. M.
PAGE TWO
Trustee Kindel moved that the proposed Ordinance granting a Franchise
to Public Service Company of Colorado be read in full by the Town Clerk,
which was seconded by Trustee Steinberg. The Franchise was read in full
by F. Blake Lynch.
Trustee Kindel moved that the Ordinance, which had just been read„ be
passed and adopted as an Ordinance of the Town of Vail; it was seconded by
Trustee Donovan, The Board was then polled as to their understanding of
said Ordinance in the order followings
Trustee Bailey -
yes
Trustee Donovan -
yes
Trustee Kaemmer -
yes
Trustee Kindel -
yes
Trustee Langmaid -
yes
Trustee Steinberg -
yes
The Board was then polled as to their approval of the Ordinance in
the same order:
Trustee Bailey -
yes
Trustee Donovan -
yes
Trustee Kaemmer -
yes
Trustee Kindel -
yes
Trustee Langmaid -
yes
Trustee Steinberg -
yes
Mr. Higday secured the necessary signatures and stated he looked
forward to being part of the community. He introduced some of the people
who would be working with Public Service; all were welcomed by Mayor
Dobson.
3. CONSIDERATION OF ENTRANCE STREET RIGHT-OF-WAY
ALTERATION (RELOCATION OF THE WATER MAIN)
40 Vail Associates is willing to give up 60' of right-of-way: 32 1/2'
to the west and 27 1/2' to the east of the island which divides the main
entrance/exit. A decision was not necessary immediately. It will be
considered again later.
4. CONSIDERATION OF SETTING HEARINGS ON LIOUOR VIOLATIONS
The Board reviewed a memo from Chief Holmes regarding liquor
license violations. Mayor Dobson stated the basic question was whether the
Town wanted to enter into the matter of policing and controlling the liquor
violations as they occur or would they prefer the State to handle these?
Chief Holmes stated the State will handle these cases where the Town does
not; however, if they are handled by the Town, the State is less liable to
enter into the matter. The Police Department is instructed by law to note
these violations.
After some discussion, it was unanimously agreed by the Board that
the responsibility was with the Town. The Mayor asked Blake Lynch to
look into the procedure setting up hearings for consideration on these
violations. It was agreed a meeting would be called for the Board and
John C. Philpott, State Liquor Control Officer, before two weeks in order
to decide which cases should be heard.
Page Three
S5. REPORT'S
Blake Lynch reported that TV reception should be ready in two weeks.
The Mayor stated some of the delay was due to a problem encountered with
property owners who did not wish the cable to cut across their land, making
it necessary to place poles on the highway.
Blake Lynch submitted a schedule of dates for approval as to up -coming
Meetings, which the Board agreed was acceptable. Mayor Dobson suggested
Larry Robinson, Town Attorney, should begin researching in preparation
for annexations.
6. MAYOR AND TRUSTEES
Trustee Bailey asked as to the status of the dog pound. Blake Lynch
reported the pound was constructed and located at the sewer plant. Trustee
Steinberg asked as to the status of the new Town Assistant Manager. Blake
Lynch said his beginning date would be February 1, 1969.
Trustee Kindel inquired about the telephone problem which had existed
in Vail. Blake stated he had written Mr. Don Capron and the trouble was due
to the fact that there are not enough trunks out of Vail. The Telephone
Company has indicated they will give close attention to this matter.
Trustee Kindel also inquired about police coverage on a 24-hour
basis. Chief Hr�?_mes reported that 2:00 A. M. to 8:00 A. M. coverage is in
effect two nights a week, with no set nights scheduled. Someone is always
on duty from 8:00 A. M. to 2:00 P. M.
Trustee Kindel asked if the Town would replace any bent or mutilated
signs. Chief Holmes said he would look into this.
Trustee Kindel asked about the ice overhang on the Lazier lding.
QA
Blake Lynch stated this had been cleared. It was suggested a roof be
a future requirement in the building code and covenants in order that the
ice overhang problem could be abated.
7. CITIZEN PARTICIPATION
Robert Parker asked if the Town would donate toward the flags for the
races coming up in Vail. He also inquired as to the general clean-up
program for Vail. Mayor Dobson suggested securing a promise from each
owner before cleaning up. Trustee Donovan suggested donating one person
from each business in order to help. Mr. Lynch indicated that Town
equipment would be available to help upon hearing further from Mr. Parker.
With no further business to come before the Board, the Meeting was
unanimously adjourned at 11:40 P. M.
I
MINUTES OF THE MEETING
VAIL BOARD OF TRUSTEES - THE TOWN OF VAIL
HELD DECEMBER 27, 1968
On Friday, December 27, 1938, at 1:30 P. M. , the Meeting of the Board of
Trustees of the Town of Vail was called to Order by the Mayor, John Dobson,
in the Rib Room of the Lodge at Vail.
ROLL CALL: Roll Call found the following Members present:
John Dobson, Mayor
Trustee Kindel
Trustee Langmaid
Trustee Kaemmer
Trustee Ba'ley
Absent: John Donovan
2AWAWA_ ..,may
1. THE BOARD OF TRUSTEES CONVENED AS THE LIQUOR LICENSING
• AUTHORITY
Lodge Liouor License
The Board noted that it was only necessary to consider the moral character
of the applicant for the proposed new owners of the Lodge.
Police Chief Holmes was called upon tp present his findings on investigating
the moral character of the applicants. He reported that their fingerprints
had been taken, that letters of reference had been received and nothing
derogatory has been found concerning their moral character.
The Board voted to approve the liquor license application.
2. THE BOARD CONVENED AS THE BOARD OF TRUSTEES.
1. Structured Parking
• Mr. Lynch discussed the progress being made with structured parking. He
explained the probable location, the basic elements of an arrangement with
Vail Associates on the land and the most logical vehicle for financing the
project. No vote of final approval was given by the Board on the project,
nor were any objections voiced.
2. Selection of Attorney
The Board had previously decided that it would be desirable in terms of
saving money and obtaining more immediate service to hire a Town Attorney
on a salary basis. It was anticipated that the attorney would reside in Vail.
A committee of the Mayor and the Chairmen of the three Districts had met
and narrowed the potential selection down to two persons: (1) Stewart Brown
and (2) Larry Robinson. Mr. Robinson of the firm of Robinson and Sullivan
in Boulder was selected for two principal reasons: (1) Mr. Brown had a
case pending against the Town in the Supreme Court and (2) The Town would
actually be obtaining the services of an assistant working under Mr. Brown
rather than the full attention of Mr. Brown himself.
With no further business to come before the Board, the Meeting was
unanimously called to a close; it adjourned at 3:00 P. M.
MINUTES OF THE MEETING
THE BOARD OF TRUSTEES - THE TOWN OF VAIL
DECEMBER 23, 1968
On Monday, December 23, 1968, 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. 1. Steinberg
Richard Bailey
John Kaemmer
C. E. Kindel
Joseph Langmaid
Absent: John Donovan
Also present were F. Blake Lynch (Town Manager),
and Peter Cosgriff (Attorney).
• 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 1968, "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 Kaemrre 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 1988, "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. "
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, parkin ti ets, trash. Chief Holmes
suggested witnesses be present in court to ��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.
Page Four
11. CITIZEN PARTICIPATION
Chief Holmes stated the State Liquor enforcement officers were working
under cdver to observe the crowds staying in Vail during the holidays.
It was noted the Town had received a letter from Tack 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 w&,§ seconded by Trustee Bailey and the meeting came
to a close at 9: 30 P. M.
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ORDINANCE NO,
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 DISTRI-
BUTE SAID PRODUCT TO THE TOWN OF VAIL AND THE IN-
HABITANTS THEREOF, AND FIXING THE TERMS AND CON-
DITIONS THEREOF,
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF VAIL, EAGLE COUNTY, COLORADO:
0 ARTICLE I.
Whenever the word Town is hereinafter employed it shall 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
of Colorado, a Colorado corporation, the grantee, but also its successors
and assigns. Whenever The Public Utilities Commission of the State of
Colorado is referred to, it shall be deemed to include any authority
succeeding to the regulatory powers thereof.
ARTICLE 11.
Section 1. Grant of Authority. There is hereby granted by the
Town to the Company the franchise right, privilege and authority to con-
struct, purchase, acquire, locate, maintain, operate and extend into,
within, and through said Town, plants, works, systems and facilities for
the storage, purchase, transmission and distribution of gaseous fuels,
(natural, artificial, synthesis, liquefied natural, liquefied petroleum,
manufactured, or any mixture thereof) for heating, cooking, cooling, or
other similar utility purposes, with the right and privilege for the
period and upon the terms and conditions hereinafter specified to sell,
furnish, and distribute said gaseous fuel to the Town, and the inhabitants
E
thereof, by means of pipes, mains, or otherwise, over, under, along and
• across all streets, alleys, viaducts, bridges, roads, lanes, public ways
0
and other public places in the Town and over, under, along and across any
extension, connection with or continuation of the same and over, under,
along and across all new streets, alleys, viaducts, bridges, roads, lanes,
public ways and other public places as may be hereafter laid out, opened,
located or constructed within the territory now or hereafter included in the
boundaries of said Town.
Section 2. Mariner 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 -
reasonable protection against injury or damage to persons or property
therefrom, and the Company shall save the Town harmless from all liabi-
lity or damage and all reasonable expenses necessarily accruing against
the Town arising out of the negligent exercise by the Company of the
rights and privileges hereby granted; provided, that the Company shall
have had notice of the pendency of any action against the Town arising
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 Compariv 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
of the State of Colorado.
Section 2. Adequac:Y of Supply. The Company shall, at all times
during the term of this franchise, take all reasonable and necessary steps
to assure an adequate natural gas supply, but if unable to reasonably pro-
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.
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 purposes which will result in efficiencies in the operation of the
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,
0 - 3 -
or mixtures 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
-4-
• 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
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
rJ
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,
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
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 Biel 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-
ments for the portions of the initial and terminal years of this franchise
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
operations within said Town.
-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 tax, 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 Prom 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.
ARTICLE VI.
Section 1. Term - Effective Date. This ordinance shall become
• effective on Larch 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
said effective date.
Section 2. Removal. Upon the expiration of this franchise, if
the Company shall not have acquired an extension or renewal thereof and
accepted same, it is hereby granted, the right to enter upon the streets,
alleys, bridges, viaducts, roads, lanes, public ways and other public
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,
- 6 -
which ,shall be stated to the Company. In the event of any proposed sale
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 tp 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 provisions
herein Contained, such ordinances as may be deemed necessary in the exercise
of its police power, provided that such regulations shall be reasonable and
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. '
INTRODUCED, READ AND ORDERED PUBLISBED, the day
Of AO A. D, 196�
PASSED, ADOPTED AND APPROVED, this day of &W
A. D. 196q .
SEAL
ATTEST:
• Town Clerk.
_7_
Mayor
L]
TO:
-;1i0M:
S UBJ-ECT:
The Town of VAIL, Colorado
11ox 631 • Vail, Color -to
Telephone.: 11,- :%(; - 5i;13
January, 1969
BOARD OF TRUSTEES
CHIEF HOLMES
LIQUOR LICENSE VIOLATIONS
During the last few weeks, the State Liquor License Inspectors have
been conducting investigations in the Town of Vail. A number of
violations have been ovserved and reported to the State and to the
Police Department. Some of these violations may require administrative
action by the Board of Trustees, acting as a Liquor Licensing Authority.
If no hearings are held, locally, it is my understanding that the State
Licensiriq authority may pursue administrative action concerning
these violations. Under normal situations, apparently, where the
local licensing authority takes action in these matters, the State does
no t.
The Board has a major policy question to answer. Does the Board
want to exercise its authority in this area by holding administrative
hearings concerning liquor license violations?
It is the feeling of the undersigned that if the Board does choose to
exercise its authority in this area, the Board should be prepared to
deal firmly with violations and to suspend or revoke licenses when
this action appears to be appropriate.
Pollowing are summaries of violations reported to the Police Depart ient
by the State Inspectors, and my recommendations as to what course of
action the Town should take:
VAIL VILLAGE INN
VIOLATION: On December 31, 1968, at 7:30 P. M. , agents
from the State Liquor Control Division apprehended an 18 year
old in possession of wine in the lobby of the INN.
1
LIQUOR LICENSE VIOLATIONS PAGE TWO
RECOMMENDATION: The undersigned recommends that a
letter be sent to the INN, advising them of the circumstances
described above and putting them on notice that action may be
taken by the Board if any further violations are reported.
DONOVAN'S COPPER BAR
VIOLATION: On January 3, 1969, the State Liquor Inspector
issued a warning to the Copper Bar concerning their food and
beverage operation.
RECOMMENDATION: The State has already issued a warning
in this matter, and the undersigned recommends that no further
action be taken.
THE GALLERY
VIOLATION: On December 29, 1968, the State Liquor Inspector
issued a warning to the Gallery concerning their food and
beverage operation.
RECOMMENDATION: The State has already issued a warning
in this matter, and the undersigned recommends that no further
action be taken.
THE NU GNU
VIOLATION: On December 27, 1968, the State Liquor Inspector
issued a warning to the NU GNU concerning their food and
beverage operation.
RECOMMENDATION: The State has already issued a warning
in this matter, and the undersigned recommends that no
further action be taken.
VAIL DELICATESSEN
VIOLATION: On December 30, 1968, at 5:40 P. M. , the State
Liquor Inspector discovered a 16 year old in possession of 3. 2%
beer in the Delicatessen. The youth had a false identification,
although he stated, he had not been asked to present it.
LIQUOR LICENSE VIOLATIONS
PAGE THREE
• RECOMMENDATION: In that this is the first violation that
has come to the attention of the Police Department in the
Delicatessen, it is recommended that a letter be sent to the
licensee, advising him of the circumstances described above
and putting him on notice that action may be taken by the Board
if further violations are reported.
VAIL HOLIDAY INN
VIOLATION: On January 1, 1969, at 10:50 P. M. , the State
Liquor Inspector located a 20 year old drinking alcoholic
beverages in the var at the Vail Holiday Inn. The youth stated
he had not been asked for his identification.
RECOMMENDATION: In that this is the first violation that
has come to the attention of the Police Department in the
HOLIDAY INN, it is recommended that a letter be sent to
the licensee, advising him of the circumstances described
• above, and putting him on notice that action may be taken by
the Board if further violations are reported,
LIQUOR STORE AT VAIL
VIOLATION: On December 31, 1968, at 12:30 P, M. , State
Liquor Inspectors apprehended a 19 year old who had purchased
liquor in the LIQUOR STORE AT VAIL, The youth had
presented identification belonging to another when making the purchase.
RECOMMENDATION: In that this is the first violation that
has come to the attention of the Police Department in the Liquor
Store, it is recommended that a letter be sent to the licensee,
advising him of the circumstances described above and putting
him on notice that action may be taken by the Board if further
violations are reported.
CASINO VAIL
VIOLATIONS: On December 30, 1968, at 10:55 P. M, , the Liquor
Inspectors located a 20 year old drinking alcoholic beverage in
the CASINO BAR. The youth had in his possession identification
belonging to another; however, he stated he had not been asked
for identification prior to being served.
LIQUOR LICENSE VIOLATIONS PAGE FOUR
• On January 5, 1.969, a 19 year old was discovered drinking
alcoholic beverage in the CASINO BAR. The youth stated that
his identification had not been checked. The bartender on duty
at the time admitted to the State Inspectors that he had not
checked the youth's identification.
RECOMMENDATION: In that two similar violations have been
reported by the State Inspector in a short period of time, it is
recommended that a hearing be held by the Board as the Local
Liquor Licensing Authority for possible administrative action
against the CASINO VAIL Liquor License.
�J
•
RED LION INN
VIOLATIONS: On December 30, 1968, at 6:50 P. M. , State
Liquor Inspectors discovered a 17 year old drinking wine in
the RED LION INN. The youth stated that he had been given
the wine by his father. The father admitted that this was the
case, and that the management did not know that the youth had
been given the wine.
On January 3, 1969, three 20 year old girls were located in
THE RED LION INN in possession of alcoholic beverages. The
three were together, and had presented false identification to
the waitress at the INN.
RECOMMENDATION: In that two violations have been reported
by the State Inspector in a short period of time, it is
recommended that a hearing be held by the Board of Trustees
as the Local Liquor Licensing Authority, for possible administrative
action against the license.
F. H. HOLMES
Chief of Police
[February Z4 - Trustee Meeting` 11
Adopt Fire, Elec. , and Plat' *ng Codes.
February 23 - Planning Board
Hearing on Zoning Ordiannce
March 10 - Trustee Meeting
Water & Sanitation District Meeting - Finalise
Extension Policies,
March I - Planning Board Hearing
on Subdivision Regulations,
M;i rcb 17 - Trustee Hearing on Zoning Ordinance
April 1 - Planning Board inects to discuss
Hillis and .Lion's Head Annexations.
April 14 - Trustee Meeting f
Water & Sanitation Finalize Rate Study Questions.'`
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— • TOWN OF VAIL - PAYROLL ACCOUNT
TREASUREW S REPORT
April 30, 1969
Financial Statement
Balance in Bank of Vail as of 3/31/69
Transfer of Cash from General Fund
Payroll Distribution - April
Administration and Finance
Planning
Street Maintenance
Building Inspection
Police Department
Parks and Grounds Maint.
Recreation District - Golf
Ice Skating
Water District
Sanitation District
Landscaping
Reimburseable Expenditures
Less: Payroll Taxes Payable
Actual Cash Outlay
Balance in Bank of Vail as of 4/30/69
*Includes 2 weeks overtime pay
$ 2,724.80
812.20
1,235.60
105.39
7,099.97*
223,14
1,529.41
73.36
862.05
2,532.18
177.03
2,322.13
19,697.26
5,036.08
Respectfully submitted,
F. Blake Lynch
61 Secretary/Treasurer
$ 470.05
17,161.63
$17,631.68
14,661.18
$ 2,970.50
0
April 30, 1969
Financial Statement
TOWN OF VAIL GENERAL FUND
TREASURERIS REPgRT
Balance in Bank of Vail
Regular Account as of 3/31/69
Receipts during April
Property Taxes
Sales and General Occupation Taxes
Utility Occupation Tax
Court Fines and Fees
Parking Fees
Highway users Tax
Building Inspection Fees
Reimbursements
Miscellaneous Revenue
•Accounts Payable
Disbursements during April
Board of Trustees
Police Magistrate
Administration
Planning
Police Department
Street Maintenance
Building Inspection
Parking Lots
Street Lighting
Fire Protection District
Recreation District
Water District
Sanitation District
Tee Skating
Contribution to Working Capital Fund
Liability Accounts
Contribution to Payroll Account
Reimbursable Expenses
Balance in Bank of Vail
Regular Account as of 4/30/69
$ 90669.33
35,400.25
1,295.61
318.00
25.00
187.90
2,184.50
30.19
9.90
.873, 50
$ 6,702.62
150.00
1,493.27
73.60
1,019.45
242.34
56.30
22.16
100.24
576.75
430,12
1,175.09
2,379.74
20,12
2,000.00
6,016.28
17,161.63
523.25
.Respectfully submitted,
F. Blake Lynch
Secretary/Treasurer
$ 8,111.37
49,994.18
$58,105.55
40,141.86
$17,963.69
• TOWN OF VAIL - WORKING CAPITAL FUND
TREASURER'S REPORT
April. 30, 1969
Financial Statement
Balance in Bank of Vail as of 3/31/69
Receipts during April
Billings for Services $ 105.00
Gas and Oil Sales 95.65
Contribution from General Fund - to
be reimbursed at a later time. 2,000.00
0Disbursements during April
Lease - Purchase payment on Loader $2,000.00
Lease - Purchase payment on Compressor .272.00
Balance in Bank of Vail as of 4/30/69
Respectfully submitted,
F. Blake Lynch
Secretary/Treasurer
•
$ 695.05
2,200.65
$2,895.70
2,272.00
$ 623.70
TOWN OF VAIL -
WORKING CAPITAL FUND
DISBURSEMENTS DURING
THE MONTH OF APRIL, 1969
CK.
NO.
DATE PAYEE
DESCRIPTION
AMOUNT
1011
4/29 McCoy Co.
Lease .. Purchase
Loader
$2,00000
1012
4/29 Western States
Lease - Purchase
Machinery Co.
Compressor
272.00
TOTAL:
$2,272.00
Respectfully submitted,
F. Blake Synch
Secretary/Treasurer
April,
1969
VOUCHERS PAID
- VOUCHER
NO. WARRANT NO.
CHECK NO.
PAYEE
DESCRIPTION
AMOUNT
w
01^12.13
2297
2411
U. S. Postmaster
Postage Meter
�99.40_ .'
001214,_
2298
2412
V. R. A.
Donation as per Budget for Advertising
6,000:Op
Ohl;?l5
-2299
2413
Capitol Office Supply Co.
Office Supplies
72.84
^9i216
2300
2414
T. J. Minger
Expense Statement
25.70 -
051217
2301
2415
F. H. Holmes
Expense Statement
7.00
001213
2302
2416
The Cleveland Mixer Co.
Supplies
44.90
001219
2303
2417
George F. Cake Co.
Supplies
90.73 -
001220'
2304
2418
General Electric Co.
Batteries
127.00'
001221
2305
2419
Homelite
Chain for Chainsaw
30.20 '
001222
': 2306
2420
Holland Auto Parts, Inc.
Supplies
a
26.18
001223
'" '2307
2421
Dana Kepner Co.
Supplies
55.12
001224
'" 2308
2422
Komline-Sanderson Eng. Corp.
Supplies
25.0.0
001225'
2309
2423
Mountain Music
Batteries
1.05
001226
2310
2424
The Barteldes Seed Co.
Golf Supplies
9.24
001227
2311
2425
Vail W 8 S District
Water and Sewer Charge
30.00
00122-3
"' 2312
2426
Yeoman's Brothers Co.
Supplies
335.20'
001229
'. 2313
2427
The Barteldes Seed Co.
Supplies
307.75
001230
2314
2428
F. Blake Lynch
Expense Statement
34.50
0O1231
2315
Sandra Dowd
Refund of Bond Money
55.00
0012,9
2316
_2429
.2430
Petty Cash
Supplies, Postage, Contractual Services
20.77
00-1233
2317
2431
Payroll Account
To replenish Payroll Account
7,029.95 _
CZ1234'
2318
2432
Bank of Vail
Federal Income Tax Withholding - March
2,049.90 '
001Yia
.. 2319
2433
Colo. Department of Revenue
Colo. Income Tax Withheld - Jan., Feb.,
Mar.
849.51
y+
Al
VOUCHER
NTQ. •WARRANT NO.
CHECK NO.
PAYEE
DESCRIPTION
AMOUNT
001236
2320
2-434 -
Colorado Dept. of Revenue
FICA Withheld
•2,.634.58
001237
2321
24.3'5
Police Pension Fund
PPF Withheld
327.0,0_
001238
2322
2436— -
Weibel's Janitorial Service
Janitorial Services
80.0(1
001239
2323
2437.
Town of Vail - W & S District
Sewer Charge
_ 12.32
001240
2324
?433
Rio Grande Motor Way, Inc.
Freight on Supplies
19.75 .
001241
2325
2,439-
Super Foods
Paper Towels
2.79•
001242
2326
2440
Public Service Co. of Colo.
March Heat
6a2.40
00120
2327
2441•
Pitney -Bowes, Inc.
Supplies
° 57.68.
001244
2328 _
244.2.
Nottingham Ski-Doo Sales
Repair of Ski-Doo
75.1.3
001245
2329
24A4
Mountain States Telephone
Telephone Services
375.85.
001246
2330
24414.
Motorola
Supplies
48.00
001247
2331
7445:;
I C M A
Office Supplies
2.00
001248
2332
?_446
Holy Cross Electric Assoc., Inc.
March Power
`' 1,173.13
001249
2333
2447
Vail Delicatessen
Cream and Sugar
..14.39
001250
2334
2449
Al Flewelling
Expense Statement
44.77
001251
2335
2449
Western Sl9pe Linen & Ind. Uni.
Sup, Laundry Service'
82.80•
0012.52
.2336
..245D,
Joe Alpert's
Clothing - Police Dept.
9.40
001253
2337
24.51 ".'.
Burnett Plumbing
Building Repairs and Supplies
100.00
001254
2338
2452•'
Capitol Office Supply Co.
Office Supplies
11.70
001255
2339 :
2453
The Eagle Valley Enterprise
Office Supplies
12.75
001256
2340
24.54.:'
Foster Lumber Co., Inc.
Building Supplies
`' ..11.44
001257
2341
24.5_
Kvamme-Cunningham
Clean-up Fee
- .-1.00.00
001258
Z342
2456
Clark Electric, Inc.
Maintenance and Repair
44.30
001259
2843
2457
Colo. Blue Cross & Blue Shield
Dues for Employee Coverage
548.10-
001260
23414
2458,
Industrial. Materials Company
Materials and Supplies
258.08
001261
2345
245a:
Waterworks Sales Co.
Supplies
14.-80
001262
2346
2461
U. S. Golf Association
Membership Dues
30.00
001263
2347
2462
Void
Void
001264
224a
2463 -
Vail Village Conoco
Fuel for Fire District
49.4.-2 -
001265
2349
2464'�
The Independent Lumber Co.
Supplies
3.92
001266
2350
2465-
Vail Drug
Supplies
24.1;
001267
2351
2466
Vail Drug
Supplies
7.83
001263
2352'
2487' --
Mogan Rogers
Maintenance on Fire Equipment
_ 6'3.50
001269
2353 -
t1+6a'
Town of Vail - Working Capital
Fund Gas Purchases - March
_ 95:65
001270
2354
2469-
Town of Vail - Working Capital
Fund Plowing Streets
40.00
VOUCHER NO. WARRANT NO. CHECK NO. PAYEE DESCRIPTION AMOUNT
001271
2355
2470
Rams - Horn
001272
2356
2471
Vern H. Bolinder Co.
001273
2357
2472
Continental Oil Company
001274
2358
2473
The Lodge at Vail
001275
2359
2474
National Golf Foundation
001276
2360
2475
Management Information Service
001277
2361
2476
Bishop -Perry Co.
001278
2362
2477
Mountain States Telephone
001279
2363
2473
The Eagle Valley Enterprise
001280
2364
2473
United States Leasing Corp.
001281
2365
2490
United States Welding
001282
2366
2480
The Wall Street Journal
001283
2367
2481
The Denver Post, Inc.
001284
2358
2482
The Daily Journal
001285
2369
2489
Sanfax Corp.
001286
2370
2483
The H. Marvin Ginn Corporation
001287
2371
248'+
Holiday Inn of Vail
001288
2372
2483
Public Service Co. of Colorado
001289
2373
2483
The Holes-Webway Co.
001290
2374
2487
S & K Reagents, Inc.
001291
2375
2483
Pitney -Bowes, Inc.
001292
2376
2491
Dept. of Revenue
001293
2377
2492
Ben Krueger
001294
2378
2493
Eagle County Clerk and Recorder
001295
2379
2494
Mill Creek Court, Inc.
001296
2380
2495
John Dobson
001297
2381
2493
John Kaemmer
001298
2382
2497
John Donovan
001299
2383
2493
Ted Kindel
001300
2384
2499
Joseph Langmaid
901301
2385
2500
Thomas Steinberg
001302
2386
2501
Richard Bailey
�01303
2387
2502
Francis Brofos
701304
2388
2503
Larry Robinson
J01305
2389
2504
Steve Ruder
Reservations for Customer
Rental on Radar Timer
Fuel for Police Dept.
Business Luncheon
Books
Books and Subscriptions
Insurance
Telephone Servires
Ad for Mechanic
Lease Payment on Copier
Supplies
1 Yr. Subscription
Advertising
Professional Fees - Bldg. Inspection
Supplies
Advertising
Business Luncheon
Service at eater Treat. Plant
Supplies
Supplies
Office Supplies
Tax Return
Salary Advance
Court Fees
Office Rent
Mayor's Fees
Trustee Fees
,t fl
r n
fi tt
n n
Pol-ce Magistrate Fees
Legal Fees
Fire Chief
18.90
5Q.00
106.48
22.50'
8.00 F
-5-0.0 0 .
69.00.
-75.20
3:00
31.75
5'.55
.19.60,
16.8fi
26.89
;34.30
7.30
4.0,72
.7.80
17.40,
6,91
29
200.U0
4.50
.55or. go'
50.00
30.00
30.00
30.00
36.00
30.00
30.00 j
100.00
666.67
100.00
VOUCHER NC. WARRANT NO. CHECK NO. PAYEE DESCRIPTION ANFOUNT
001306
2390
2505
001307
2391
2506
001308
2392
2507
001309
2393
2508
001310
2394
2509
.001311
2395
2510
001312
2396
2511
001313
2397
2512
001314
2398
2513
001315
2399
2514
001316
2400
2515
001317
2401
2516
001318
2402
2517
7001319
2403
2518
001320
2404
2519
001321
2405
2521
Larry Wood
Payroll Account
M. E. Canniff
The Eagle Valley Enterprise
Golf Course Sup. Assoc. of America
Goble, Sampson Associates, Inc.
Homelite
Lease Finance Incorporated
Lord Gore Club
Raymond G. Romero
Red Lion Inn
Smith Chemical Co.
Town of Vail - W C Fund
Payroll Account
International City Managers'Assoc.
F. Blake Lynch
Assistant Fire Chief Fees
50.00
To Replenish Account
7,131.-68.
March Services
279.50''
Publication of Ordinances
15.84
Membership Dues for Ben Kri,.eger -
55:00
Water Parts
e-' `71:06
Supplies
2.01
Copier Rent
Travel Expense
6.05
Expense Statement
22.00 .
March Charges
33.01•
Supplies
.519638*
To Replenish Func
2,000'00'
To Replenish Account
3,000.00
Publication on Municipal Gov't..
' i0.00
Expense Statement
38.40'
TOTAL 40,141.86