HomeMy WebLinkAbout1971-01-14 Town Council Minutesa
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MINUTES OF A SPECIAL MEETING
OF
THE BOARD OF TRUSTEES
A special meeting of the Board of Trustees was held at 1:30 P.M.
on Thursday, January 1 4 ,1971, at the Town Office.
Present: Mayor John Dobson Michael D i M i c e l i
Tod Anderson Harold Carver
Richard Bailey Donald Griest
John Donovan TerrellMinger
Clayton Freeman Lawrence Robinson
Dr. Thomas Steinberg Ed Struble
Upon a motion duly made by Trustee Steinberg and seconded by
Trustee Freeman, the Board voted unanimously to adopt the
following resolution:
RESOLVED: That the Board of Trustees approve that
certain contract with the McCoy Company for the
leasing of one Austin Western 99H Motor Grader with
snow wing snow plow, serial number 8565, SPU522B,
SPU660 and authorized the Mayor and Town Clerk to
execute said contract. The Town Clerk was instructed
to affix a copy of the contract approved by the fore-
going resolution to the minutes of this meeting.
The Board of Trustees also met with Harold Carver regarding
final approval of the municipal building and post office complex.
It was agreed to pay architectural fees of 9 1/4 % on the
Municipal Building and 5 1/4 % on the post office and 7 1/4%
total for the project. The complex is slated to go out for bid
February 15, 1971,
The Board then convened as the Local Liquor Licensing Authority
and discussed the transfer of the liquor license of William Winter
dba the Lord Gore Club to Charles Gersbach. It was moved by
Dr. Steinberg and seconded by Mr. Richard Bailey to approve
and transfer. The vote was unanimous.
The Local Liquor Licensing Authority also reviewed an application
for a liquor license renewal for Ranald H. MacDonald for the sale
of liquor on the premises known as "Kentucky Fried Chicken."
The denial of such license was moved by Mr. Tod Anderson and
seconded by Mr. Clayton Freeman. The reason for denial is stated
in the following proceedings.
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40
McCOY COMPANY
GOVERNMENT AGENCY LEASE AGREEMENT.
This Agreement, made the ......... m?ld.....day of ..... December in the year of Nineteen
Hundred and ... I!?........ by and between ......... Dt%A.........................................................................
hereinafter called the Lessee, and McCOY COMPANY, hereinafter called the Lessor, WITNESSETH,
that the Lessee and the Lessor for the consideration hereinafter named agree as follows:
1. Underthe General Conditions of Lease printed on the reverse side of this sheet, the Lessor
hereby leases to the Lessee the following described equipment in good operating,condition, to be
usedat or near ........... Eagle ................................................................................................................ County,
15th
consecutive mos.
ITEM l STOCK SERIAL ENGINE
NUMBER NUMBER NUMBER
1Austin Western 99H Motor Grader 28346 8565
with/ snow wing SPU522B
Snow plow SPU660
? ,air 15 5 x I ? link z
an appropriation for the payment of
and that a certified copy of said Res
;.. Records of...T V.a
Y
By..:.
• RESOLUTION AND CERTIFICATION ft
r Terrell :J. Minger Clerk o eby
certify'that on the 1'+thdayof .Tanuary . �a Resolution was
adopted by the T W N of
�=ke Town of Vail in regular
meeting ass,embled approving the within Lease Agreement.
I hereby further certify that the budget adopted by th eB P � __rd �f T r„c t-P c for
the current year contains an appropriation for payment of the rentals due under and pursuant to
the within Lease,Agreement. Town :of Vail
........... ......... ... _......... _:....
.r......�...............
(Seal) ByL: t�.�L!!'�_..............GLerk
/.`z u
' r
GENERAL CONDITIONS OF LEASE
The condilions o€lease here below stated together with the Agreement set forth on the reverse side of
this sheet, constitute between the parties therein named a contract which is hereafter referred to as this
Agreement.
1 .THE RENTAL PERIOD. The Rental Period shall cover all
8. DAMAGE TO EQUIPMENT. The Lessee shall indemnify
time consumed in transporting the equipment, including the
to of legal delivery to a public carrier for transit to the
Won the the date legal
the Lessor against all loss and damage to equipment during
tho Rental Period and the appraisal of any such loss or dam -
aze be based the Anv
and upon return of equipment, of
livery byy to the Lessor. if
shall on equipment values shown. short -
damage be known
such carrier or no public carrier
used, shall include the date upon which transit to the
ass or claim of ekhkr part shall mad;
to the other party within seven (T) days after receipt of
Leessee begins and the date upon which transit from the
Lessor's unloading points.
equipment, or such claim shall be void.
Retention of said property beyond stated Rental period
shall be construed as a continuance of this Lease, at the same
9 RZPAIRS, The expense of all repairs made during the
Rental Period, incdluding labor, material, parts and other
Items, be pas by the Lessee.
rental and under the same terms until said property is re-
shall
turned to Lessor.. .
.10. LIABILITY OF LESSEE. Liability for injury disability
2 DETERMINATION OF RENTAL CHAR ES. The Lessee
shall pay rental for the entire Rental perio on each article -
-and. -and desrh of workme and other er o s caused the o -
ation, haT ipg or ransportatioii ois t ie equipment durrrpg
t�e exiod,,
of equipment listed herein, at the rate therein stipulated.
Rental shall be assu?ned by the Lessee, and Lessee
shall indemnify the Lessor against all such liability.
3. PAYMENT, If Lessee fails to take equipment reserved for
him or cancels this Agreement, the Lessee shall pay to the
The Lessee shall also indemnify the Lessor against all
loss expense and penalty arising from any action on account
of aamage.to property occasioned by the operation, handling
Lessor as the mi mum amount due der thi A ree ant,
two (2) per cent o� the total sum of values as s sown of each
or transportation of any equipment during the &en4l. Period.
article of equipment, and shall pay as We minimum rental on
saijT gr�SR&Vialso %irees to pay all taxes ashessedd against
each such article, loaded for transit to Pe Lessee, four (4)
per cent of such value.
ll. INSPECTOR. Before the equipment is loaded for transit
4- LOADING, UNLOADING
to the Lessee, he may require an inspection thereof by proper
the Rental Period exceeds thirt� �1� Stiie�l<�A��itCa�•hI�
own expense, shall load the equipment for transit to the
Lessee and upon its return unload it, and shall pay all de-
;Cwk iitM&ffpgsidcif blgeth4u*gr=t6al-ldliinceabitiaritiiotytilns
shall be paid by the Lessor.
murrage charges accruing at his own shipping or receiving :...
oint
The Lessor shall have the right at any time to enter the
remises where the equipment is situated and shall be given
r,.
tree access thereto and afforded necessary facilities for the
purpose of inspection.
If the Rental Period is less than thirty �30) days, the.''
bove expense shall be boine by the Lessee. he Lessee, at . '
.' 12. TITLE, Title to the equipment shall at all times vest in
his own expense, shall do all other In di g unlo ai g, install-
ing, dismantling and hauling, and s�ia l � ay a�l �emurrage . ;;
he Less r ilea t nayerred to the �`e a ti,r uph ale.
essee s�ia give fie Lessor immek" alg . iic� In ease Whi
aeerutng and all freight and swlte..iing charges in both ciiFec-
a ui ment is levied upon or from any cause becomes liable to
tions.
segizre.
The Lessor may ship the equipment in accordance with
his own judgment if shipping instructions are not furnished
TERMINATION OF AGREEMENT. Should the Lessee
within seven (7) days from date of this Agreement. I
tlefekr any payii�nt more than thrty (30) days, or, bete e
ban rupt, or antmaintain an operate or to return the
8. RECALLING AND RETURNING NOTICE. The Lessor:
'.:
a ment as porovided b tlifjs Orfement, or subfstant'allye
vigote any pr vision th reo t e essor may, a ter tare
may recall any or all equipment upon thirty (30) days writ- .
ten notice to the Lessee, and the Lessee may xeturh any or
,
Y to n'i g P
days' notice, this Agreement, take possession of
the equipment wi out becoming liable for trepass, and re -
all equipment upon a like notice to the Lessor.
cover all rental due, full dams es for any injury to, and all -
& MAINTENANCE AND OPERATION. The Lessee shall
expenses incurred in returning he equipment.
not remove, alter, disfigure or cover up any numbering, let- ',
tering, or insignia displayed upon. the equipment, and shall - .,
see that the equipment is not subjected to careless or need-
Should the Lessor fail to ship the equipment in substan-
tially the condition stipulated b this Agreement, or within
ten days from date thereof, or substantially violate any
lessly rough usage; and he shall at his own expense maintain
(10)
provision thereof, the Lessee may, upon three (3) days'notice,
the equipment and its appurtenances in gcod re air and ge
erative condition, and return it in such condition to the
terminate this Agreement, recover all sums paid the Lessor
and in case of shipment not in operative condition as specified
Lessor., P
may return the equipment at the Lessor's expense.
7. SUPPLING OPERATORS. Unless otherwise mutually 14. INSURANCE. The'Lessee shall, at his own expense,
agreed in writing the Lessee shall supply andpay all opera- maintain liability, fire and comprehensive insurance in ad-
rs employed on the equ!pn1@nt during the Kental Period, •. , vance Cf shipment.
d shall employ none thereon who are incompetent to per-
rm their respective duties. Should the Lessor furnish any ...... 15,...REMOVING AND SUBLETTING. It is further under-
'erators or other workmen for the equipment, they shall be stood and agreed that the said lessee shall not cause or suffer
mployees of the Lessee during the Rental Period, and -the -said equipment to be removed from the City, Town, County
Lessee shall pay them such salary or wages on his regular or District of Lessee without the consent of the Lessor, and
pay days and provide them,with such travelingLexpenses shall not assign or transfer said.lease or. any interest herein,
board and lo%'n as may be agreed between the essee anct nor transfer sell, lease or sublease said equipment or any
the Lessor. The Lessee shall provide and pay for all work- ... ppart thereof; nor shall it cause said equipment to be trans-
men's eongeneation insurance and pay all pay -roll taxes re- ferred to any other person, whether by voluntary act, opera-
quirad_ by law_ and applying.to :such operators•..and- workmen;. tion of law or otherwise.
........ ....... .:........ .., ..
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PROCEEDINGS OF THE BOARD OF TRUSTEES
OF THE TOWN OF VAIL
ACTING AS THE LOCAL LICENSING AUTHORITY
IN THE MATTER OF THE APPLICATION OF )
RONALD H. MAC DONALD and PAMELA P. )
MAC DONALD FOR A RENEWAL OF A BEER, )
WINE AND SPIRITUOUS LIQUOR LICENSE. )
DECISION
THIS MATTER, coming before the Board of Trustees for the
Town of Vail, Colorado, acting as the Local Liquor Licensing
Authority, upon the application of Ronald H. MacDonald and
Pamela P. Mac Donald, for a renewal of a "Beer) Wine and Spirit-
uous" license for the retail sale of liquor on the premises
commonly known as the KentuckyFried Chicken" restaurant in
• the lower level of the Casino Building, in the Town of Vail;
and the Board having considered the evidence and the documents
filed by the applicants at a public meeting held at the hour
of 1;30 P. M., January 14, 1971, finds as follows:
1. That the right of the applicants to use their liquor
license in the proposed portion of the premises described in the
lease agreement filed with their application expired or lapsed at
the time said premises were leased to Kenneth Wagnon and Jamie
Coulter on or about April 22, 1970, insofar as the applicants as
of the time of the commencement of the lease to said parties no
longer had a right to use said liquor license in the premises.
2. That the applicants do not actually intend to make use
of a liquor license in the proposed premises, in the event a renewal
of the license is approved by the Board, and in fact, may not actually
have a right, by virtue of the "Kentucky Fried Chicken" operation to
sell liquor in said premises.
3. That the Board does not approve the concept of approving
the issuance of liquor licases for premises where, in fact, the
applicant is not likely to use same, and does not approve such a
practice in view of the criteria generally accepted in determining
the "needs of the Neighborhood" for other licenses.
NOW, THEREFORE, in consideration of the findings of the Board
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and based upon the evidence presented by the applicant, it is
the unanimous decision of the Board that the application of Ronald
H. MacDonald and Pamela P. MacDonald for a renewal of their liquor
license be denied, and that the Board decline to approve said
application. It is further ordered that a copy of this decision
and order be sent to said applicants, and that any fees paid by
said applicants be refunded.
Dated this 1ILLI-hday of January, 1971.
ATTEST:
Town Clerk
LOCAL LIQUOR LICENSING AUTHORITY
FOR THE TOWN OF VAIL, COLORADO
Mayor