HomeMy WebLinkAbout1984-10-16 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
TUESDAY, OCTOBER 16, 1984
7:30 p.m.
A regular meeting of the Vail Town Council was held on Tuesday, October 16,
1984, at 7:30 p.m. in the Council Chambers.
MEMBERS PRESENT: Rodney E. Slifer, Mayor
Paul Johnston, Mayor Pro -Tom
Chuck Anderson
Kent Rose
Colleen Kline
Hermann Staufer
Gail Wahrlich-Lowenthal
OTHERS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was the A&D Building remodel. Peter Patten made
the presentation, saying that the project had come back to the Planning
Commission on October 8 in a revised format. There are two major revisions: an
outdoor dining patio along Bridge Street, as well as elimination of one.,of the
. stairways along Bridge Street. The new plan has been approved by the Planning
Commission. Chuck Anderson mentioned the desirability of some assurances by
the developer of his financial stability, but he does not now think it is a
realistic limitation. The concern is based on the problem in the past with the
Casino Building. Pepi Gramshammer voiced his concern about having another
restaurant in an area where there are already 11 restaurants. Larry Eskwith
answered that this was not one of the issues tonight. A motion to remove the
table of September 4 was made by Colleen Kline and seconded by Paul Johnston, and
the motion passed unanimously. A motion was then made to uphold the Planning
and Environmental Commission decision approving the project by Gail Lowenthal,
but she requested that the October 12 letter from Fred Butler regarding the
encroachment and party wall agreement be taken into consideration. Larry
Eskwith said that the party wall agreement was reviewed and everything looked
all right and the easement question is moot. Gail Lowenthal agreed to withdraw
that inclusion. Paul Johnston. seconded the motion. A vote was taken and the
motion passed unanimously. Rodney Slifer then thanked the applicant for his
cooperation.
The next item on the agenda was the appeal of a decision by the DRB regarding
Charlie's Gondola Ski Shop awning in the Lionshead Centre Building. Kristan
Pritz made a presentation, saying that the awning was denied by DRB for the
reasons that it was not compatible with the Lionshead project and the awning
will stick too far out onto the mall, making snow removal very difficult. There
was also a color change which was never approved by the Town. Charlie Langmaid,
the owner of the shop, made his presentation, saying that the awning has been
there at least 10 years, and that the Town never came to him regarding snow
removal problems with the awning. He was told by the Town that he could put
the awning back up after the mall construction was finished. He then spent
$3,500 getting the awning fixed up before it was put back up. He does not
feel snow removal will be a prblem and is willing to remove any snow not moved
by the Town himself. Steve Patterson said that he did say that the awning
could be put back up, however, he did not know that the color would be changed
and that there were no approvals by the Town on the original awning nor that
it was on Town property. Kent Rose agreed that it stood out like a sore thumb
and it should probably be cut back to either the framework or to the name sign.
Kent Rose made a motion that the decision of the DRB be overturned and allow the
awning to remain in the shortened version, probably not to extend past the length
of the first set of legs and be allowed to remain one year and to be reconsidered
at that time. The motion was seconded by Colleen Kline. A vote was taken and
the motion passed unanimously. Stan Berryman thinks they can live with this
solution, but there are some concerns about Lionshead snow removal in general.
The next item on the agenda was the second reading of Ordinance No. 28, Series of
1984, the Vail Associates Sports Facilities Revenue Bonds in the amount of up to
$20,000,000. Ron Phillips explained that a presentation was made by Vail Associates
at the last meeting regarding the construction of sports facilities in Vail. It
was adopted on first reading on October 2. If passed on second reading, a final
resolution will come to council defining final terms of the bonds at a later date.
Larry Lichtliter of Vail Asscoaites and Jack Gardner of Ballard Spahr were present
to answer any questions. The bonds are scheduled to close on November 20, 1984.
Vail Town Council Meeting
Tuesday, October 16, 1984
Page 2
Chuck Anderson wanted to know if a trustee had been selected. Larry Lichtliter
answered "no". He said the selection would only be a problem if it is someone
unknown in Colorado. The public meeting has been scheduled for November 13, 1984.
A motion was made by Chuck Anderson to accept Ordinance No. 28, Series of 1984,
on second reading, which was seconded by Hermann Staufer. A vote was then taken
and the motion passed unanimously.
The next item on the agenda was the presentation by the Charter Review Committee.
Doris Bailey made the presentation on behalf of the Committee. She explained
the purpose of the Committee was to review the Town Charter. The Council had
asked the Committee to review seven sections of the Charter and any other items
of the Charter which the Committee felt required review. She said the met a
lot, the meetings usually lasted about three hours and they argued a Tot. She
then went over all the recommended changes (copy of report attached hereto). She
asked that the minory report be discussed at some time in the future. Rodney
Slifer thanked the Committee for the time and effort put into the review of the
Charter. He would like to set up a meeting or meetings to go into detail on the
report and get as much public input as possible. The Council can then conclude
which issues should be voted on. The election cannot be held within 90 days of
the general election. Gail Wahrlich.-Lowenthal said that since there is so much
voter apathy, would there be intelligent and interested voting in this case.
The next item was Resolution No. 19, Series of 1984, a resolution requesting
funds from the Colorado Highway Commission through Eagle County to implement
recommendations of the I-70/Vail Feasibility Study. Stan Berryman made a
presentation regarding the request in the resolution for highway improvement
funds. Rodney Slifer wanted to know whether or not the long-term funds can be
amended or not. Stan said that it was possible. Kent Rose made a motion to
approve Resolution No. 19, which was seconded by Paul Johnston. Gail Wahrlich-
Lowenthal had some concerns regarding the construction of the east -bound ramp.
She does not think all issues have been explored thoroughly enough. A vote
was taken on the motion, which passed unanimously.
The next item was Resolution No. 20, Series of 1984, a resolution proclaiming
the week of October 13-20, 1984, Higher Education Week. Rodney Slifer read the
resolution, whereafter Colleen Kline made a motion to approve Resolution No. 20,
which was seconded by Hermann Staufer. A vote was taken and the motion passed
unanimously.
The next item on the agenda, there being no citizen participation, was the Town
Manager Report. Ron Phillips announced that Steve Patterson had been appointed
to the State Electrical Board; the Fire Department had held a number of demon-
strations in schools, etc. as part of Fire Prevention Month; Peter Patten had
been appointed Director of Community Development; and Susan Scanlon had been
hired as the new Environmental Heal-th Officer.
There being no further business, the meeting adjourned at 9.45 p.m.
Respectfully submitted,
RAneyE. i fer,ka�6r
ATTEST:-
Pamela A. Brandmeyer, o 'Clerk
�
4
i
'J)rri
E
r1
L J
TO: VAIL TOWN COUNCIL
FROM: THEiCHARTER REVIEW COMMITTEE
DATE: 13SEP84
RE: RECMMENDATIONS TO COUNCIL ON ADDITIONAL ISSUES
COMPOSITION OF GENERAL REPORT
The Charter Review Committee wishes to express concern about the following
two areas:.
t Section 12.4, GrantinFranchises. This issue should be
studied from a legal perspective. The committee is unable to propose an
amendment at this time; however, the committee feels it is imperative to
make current appropriate changes.
2 The committee strongly recommends this Charter should be
reviewed oii a regular basis, i.e., every five years.
In your co sideration of the various votes taken and propositions presented,
this committee wishes to address the presentation of this material.
The firstigrouping of material is by numerical Charter.section number,
unanimous votes only.
The second'�rouping of material is by numerical Charter section number,
a diversity, -of votes noted with majority and minority opinions expressed.
I
CHARTER REVIEW COMMITTEE
JULY 19, 1484
I. Charter Section/Topic: MANDATORY COMPETITIVE BIDDING
II. Background:
When the use o5 pubtic money is .involved, it .is .the comm.ittee'h beeeing that
a competitive, AatheA .than negotiated, bid is appnop&uLte. - AZthough there could be
gteateA expenze to .the competing 6iAmz, and atthough competitive bidding is .in no
way 600tphoo6, ,the :intent o4 Councit is .impoA.tant and should be demomttated by
opening .the bidding pAocea3.
III. Majority Opinion: MOTION PASSED AS FOLLOWS - FOR ALL BOND ISSUES IN THE AMOUNT
. OF ONE MILLION DOLLARS OR MORE, TWO (21 COUNCILMEMBERS MAY REQUIRE A COMPETITIVE
BID.
UNANIMOUS, with voting by
Votes Cast by the Following: Ste.inbeAg, CaA'oseZU, 'L'ap.cn,=RudeA, Baitey,''adn6van,
• Rua64, Stevin, Thomas, Weiss. (White absent)
IV. Minority Opinion:
• Votes Cast by the Following: NONE
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 3.4 - MAYOR PRO TEM:
The mayors PAO tem shah be eCected by a majan.i ty vote og .the counca at .the JLut
otganizatiorur.(' meeting to be held within seven (7) days 4tom the election and sha t
aexve at the pfeasute og the counciC got a two -yeah tehm.
II. Background:
The conceAn exists it wouPd be mote equ.itabte Got this position to be an "on-the-
job" tnai.ning pozition - thetegote, att .a.ix counc.itmembens shoutd have the
oppottun.rty to devetop .in this %oZe on an equal basis.
III. Majority Opinion: MOTION PASSED TO ALLOW THE LENGTH OF TERM OF OFFICE FOR THE
• MAYOR PRO TEM TO REMAIN AT TWO YEARS.
Not att members have the time of .inc2fnation to 6exve in this tole; theAebate,
the tole ahoutd not be mandatory.
N
Votes Cast -by the Following: Passed Unanimourty, with votes by Thomas, SLev,in,
Y g: Lapin, Rudetr., Ruo4j, Steinbelig, White, Weisz, Bailey,
• Canod d-U (who objected to the ptacedu)Le og the vote). (Donovan absent)
IV. Minority Opinion:
Votes Cast by the Following: NONE
0
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 4.8 -ACTION BY ORDINANCE RE UIRED:
In addition to .such acts o6 the counei.Y as at tequcAed by o het pitov.is.ions o6
th,L Chanter to be by otd.inance, every act making an apptopt.iation, cAeating an
indebtedness, atithoni.z.ing bottow.ing os money, Levying a .tax, eztabLZ 6hing any
twee on tegutati.on Sat the v.io a -&on os which a penaP,ty .i s ,imposed, of ptac ing any
bwtden upon on Z m.iting the use o6 pt.ivate ptopeAty, sha.P..e be by otdinanee.
OAdinanees making apptoptiati.onz shaU be eons.i.ned to .the subject o6 the
app to ptZa ti.o n.
II. Background:
Coneenn ex.i6td about any pitopenty ttansset of sate; the addition os -this phrase
w.iU 6PLengthen .the ptoeedune tegcwted.
III. Majority Opinion: MOTION PASSED, with the addition os the unduLtined phrase .in
. bentenee one - "In addition to such acts os the councite as ate tequvted by other
ptavi.s.ions os thi.S Chatter to be by otdinanee, evelty art making an apptoptiation,
o-seating an .indebtedness, authot,iz.ing bottaw,ing os money, Qevying a tax, the sate
o{ anu tense ppnnopentr�, e tabLLAing any Lute of negutation Sot the viotatc.on o4
whcch a penally .is unposed, of ptaeing any burden upon of tim.iting the use o6
pt.ivate ptopeur ty, s haU be by otdinanee. "
UNANIMOUS
Votes Cast by the Following: Thomas, Seev.in, Lapin, Ruder, Ruos6, White, Wei.as,
Baitey, Ste.inbelcg.
IV. Minority Opinion:
• Votes Cast by the Following:
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 5.1 - GENERAL AUTHORITY:
(a) Initiative. The e2ectou o6 .the .town 6haU have the poweA to propose any
oAdinance to -the counc.i2, in accoAda.nce with the pnov,is.iom o6 th.i,6 aAticQe o6
.the ChaAteA, except budget, capitaC ptogaam, appAoptia ion o6 any Aevenue6, oA
Levy o6 taxe.,, on sataties o6 town o66.ieeu oA emptoyees. In the event councit
6ai.P_6 to adopt said pAoposed otd.inance without any change in substance, the 6a.id
proposed oAdinanee shaU be submitted to the Aegizteted e2ectou at a town
ePection Jot thew acceptance oA Aejection.
II. Background: By deteting the exceptions, ouA ChaAteA w.iU have the broadest
statement poss.ibte and wiU bni.ng us .into eoneutmenee with the Mate cowst.itution.
III. Majority Opinion: MOTION PASSED AS FOLLOWS: FL-"t sentence shai2 be changed to
i read as 6otZows - "The eteetoAs o6 the town shall the power. to propose any
oAd.inance to the council, in aeeotdanee with the pnoviz ion6 o6 the State Consti-
tution o6 CoConado, Anticte 5, Section 1.0
Votes Cast -by the Following: UNANIMOUS, with voting by Weiss, CaAose ti, Lapin,
Ruo66, Thoma6, Baitey, Stei,nbeAg, While. (Donovan, Stev.in, RudeA absent)
IV. Minority Opinion:
is Votes Cast by the Following: NONE
0
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 5.1 - GENERAL AUTHORITY:
(b) Regetendum. The electou o6 .the -sown shalt have .the power .to tequi&e
teeons.tdetation by the eoune it ob any ordinance and, .i6 the eouncit 4" to
tepectt an ordinance so tecons.ldened, to approve of reject .it at a .town election,
.in aecotdance with the ptovizions o5 .th.ia a&ticte o6 ,tkZ6 Chaktet; ptov.ided
that such power zha.tt not extend to the levy 06 .taxes, eaQUng a special
eteeti.on, of authot.i.z.ing the i4suance o f Zocat govehnment di.6tkict bonds payable
ptimmft Uy 6tom specia.t assessments, ftevy.ing special assessments, of ordinance
to meet .the eontAactua.t obtigati.ons o6 the town,
II. Background:
By deteti.ng the exceptions, OWL ChaAtet Witt have the btoadest statement
possibte and wire. bt.i.ng us into conccmence with the state coastitution.
III. Majority Opinion: MOTION PASSED AS FOLLOWS:. E,iAst sentence share. be. changed
to Lead as 60ttows - "The eteetom o6 .the town shall have the powex to nequitre
teeons-f deflation by the council o6 any otdinanee and, ,i4 the counc it 4a.i t s to
repeat an ordnance zo xeeons cdeAed, to approve. ar tej eel .it at .a town eteetion
:in mcotdance with .the ptov.is.ions ob .the State Con4titut•ion q Colorado, Anti.cte
5, Section 1."
Votes Cast by the Following: UNANIMOUS, with voting by Weiss, Cakosett., Lapin,
Ruoij, Thomas, Baitey, Steinberg, White. (Donovan, Rudet, S.tev.in absent)
IV. Minority Opinion:
0 Votes Cast by the Following: NONE
CHARTER REVIEW COMMITTEE
• JUEY 19, 1984
I. Charter Section/Topic: SECTION 7.2 - JUDICIARY COMPENSATION -
Spec,i6.icafty, Page 20, Section 7.2, panagnaph (c) Compensation.
Revi,6e .the wording to head as 6ottows - " The mun.ic.ipat judge shah nece.ive
a 6.ixed sata)Ly on compensation set by .the Council, which shaft not be decreased
dux.i.ng h.i.a .teem c6 q 4ice. "
II. Background:
ti
III. Majority Opinion: MOTION PASSED
• By s.t L ik ing the word ".inc kegs ed; " the abi icy bon na,is es during W tenure
i,5 dnsuned.
Motion passed unan.imousty, with votes by
Votes Cast by the Following: SteinbeAcg, Ruder, Ruo66, Lapin, White, Thomas,
Stev.in, Wefzs, Ba,itey, CatosePU (who objected to the pxocedufce o6 the vote)
IV. Minority Opinion: (Donovan absent)
• Votes Cast by the Following: NONE
CHARTER REVIEW COMMITTEE
DULY 19, 1984
I. Charter Section/Topic: • SECTION 8.3 - PLANNING COMMISSION:
There -Aatt -be e6tabti6hed a seven i7) membeA ptanning commi s.ion appointed by
the council. Membevca o4 the ptanning commission shaU be nes.idents o5 the Town
ob Vail and e2ectons. The tMrs oA appointment to the ptanning comm,i.s,5 on shaU
be bon boun (4) yews on an oveAtapp.ing basis.
II. Background:
III. Majority Opinion: MOTION PASSED AS FOLLOWS: Specig.icaUy, the teAm o6
appointment ahatt be changed to head "two (2) yeau on an oveAtapping ba6-i6."
Fours yeau .in an appointed position .is s.impty too .Fong.
Votes Cast -by the Following: Motion passed unaviimo"Zy, with votes by
Y g: Ste.i.nbag, Ru.deA, Ruo66; Lapin, White, Thomas, Stev.in,
Weiss, Sauey, Canose,U,i. (who objected to the pkocedune o6 the vote).
���Donovn bs,ent. )
IV. Minors y Opinion:
• Votes Cast by the Following: NONE
. CHARTER REVIEW! COMMITTEE
DULY 19, 1984
•
I. Charter Section/Topic• Section 9.4 - CAPITAL PROGRAM AND ADDITIONAL CENT SALES TAX.
The Manager shaU ptepate a .Long-range cap.itat ptogtam and submit same .to the counc.it
.two (2) weeks pn.i,or .to the submission o6 the budget. Such program sha.L.L include
a statement o6 the special nevenue 6und additionat cent sate .tax as allocated undvc
Ordinance No. 3 o6 1971. Expenditure ob this revenue bon o.thet than cap.itaL
.cmptovements and/or open space acqu.i s,i ti.on or .improvements shaU tequire not teas
than 6.ive (5) a56.iAmative votes o6 the council.
II. Background:
Because o6 outdated verbiage in this section, Loring Harkness was requested .to
revue .the section. The motion as ptesented betow,iz his necommendati,on.
III. Majority Opinion: MOTION PASSED AS FOLLOWS:
Section 9.4 - Capital Program:
The manager shall prepare a long-range capital program and
submit same to the council two (2) weeks prior to the submission
of the budget. Such program shall include a statement as to the
application of..the._sales tax revenues allocated by ordinance -to
the special revenue fund. Expenditure of these revenues other
.",than for capital improvements and/or open space acquisition or
improvements or for the payment of debt service on any obligations
of the Town issued to finance the same shall require not less than
five (54 affirmative votes of the council.
BILL PVKA TO CLEAR WITH HARKNESS THE CHANGE FROM 5 AFFIRMATIVE VOTES TO 6.
Votes Cast -by the Following: UNANIMOUS, with voting by Steinberg, Caros eLti, Lapin,
Ruder, Baitey, Donovan, Ruob6, Stevan, Thomas, Weiss. .(White absent.)
IV. Minority Opinion:
0 Votes Cast by the Following: NONE
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: Section 10.6 - Revenue Bonds:
The .town, pursuant to oAdinance and thirty (30) days public notice and without an
eY.ection, may bottow money, .issue bonds, on otheAw.cse extend .its eneddt Son
putchasing, aequiAing, extending or .impnov.ing a wateh, eLectAic, gas on sewer system,
oA other pubt c uti,2ity oA .income-pnoduc.ing pnofeet, pnov.ided that .the bonds on
other obtigati.ons 6haU be made payable Srom the net revenues de' ived Snom the
operation os such system,'utit-ity, or project, on Srom the proceeds o6 any revenue
.tax other .than genew2 ad vaJ'otem .tax .imposed by .the Town os Va.it, on .the State os
Cotorado or agency theheo6. Any one or moxe os such systems, utititiea and pnojecta
may` b _'Z mb.ined, opvLated and maintained as joint munic,ipaE; systems, utititites, or
profects, .in which ease such bonds or othent obligations shah be made payable out o6
the net'nevenue de&ived Sum the operation •os such joint systems, atiZities on
projects. Revenue bonds .issued pursuant to the Autho)uay granted hexe.i.n may be
seewced by geneAat pn.openty taxes on the Butt Saith and ckedit os ,the town, .in which
event an etection as ptov,ided ,in Section 10.4 sha t be requiAed. Such bonds shaPC
not be. cons,i•dened a debt or genest obtiigation o6 the town, and shaky not be
.inctuded as paAt o6 the .indebtedness os the .sown San any purpose.
III. Majority Opinion: ;;jai✓N PASSED AS FOLLOWS, WITH RECOMMENDATION SUPPLIED BY
.'Jr.B:LL PYKA TO CHECK TO SEE WHETHER THE SECTION TITLE CAN BE
i0 ": BOWS 'AND WARRANTS:
Section 10.e — Revenue Bonds:
. F
Revenue bonds issued for the purpose of acquiring,
constructing, improving or extending any municipal utility system
brother income -producing project may be made payable solely from
the net revenues derived from the operation of such system or
project; : y_two t. gr_znoze.wpf_such:
-systems -or-projects may -.be.
vombined;--operated andr.maintained jointly,_:in which -.case: such:
revenve�bonds . shad,-be_ffiade:.pay.abie_Qut;,pf the -_net: revenues
derive€iLfrpm -the:_operation>.of,-thenjo�nt_ enterprise.:. -Neither a
failure: of .the town hi;storicaliy_.tp-.have maintained a special fund
for-.any_such_existing munigipal:.uti]ity_Sytem.or.pthex
a,ncome-producing:;project.;nor_a:p1revi4us commingling: of revenues
.,A; , derived': from:.tbe;operati,gn� 1t- iereQf Lv thvthe, general, fund of .the
yY;.. town shall.premearva pledge:.of._such-.revenues for the payment of
revenue bonds issued pursuant to this Section or the issuance of
(CoWnued on back)
Votes Cast by the. Following: UNANIMOUS, wM votingby by Ste•inbeAg, CaAoseP,f i, Lapin,
RudeA, Ba.itey, Donovan, Ruoss, Stev.in, Thomas, Weiss. (White absent)
IV. Minority Opinion:
0 Votes Cast by the Following: NONE
such bonds without an election, provided that such a special fund
is created prior to or contemporaneously with the issuance of such
revenue bonds and thereafter maintained separate and apart from
the general fund.
ci Revenue bonds issued for any public purpose of the town may
be made payable solely .from all or a portion of the proceeds of
any tax, other than a general property tax, imposed by or payable
to the town. Neither a failure of the town historically to have
maintained special funds into which the proceeds of such existing
taxes are deposited nor a previous commingling of such tax
proceeds with the general fund of the town shall prevent a pledge
of such revenues for the payment of revenue bonds issued pursuant
to this Section or the issuance of such bonds without an election,
provided that such special funds are created prior to or
' ccntemporaneously with the issuance of such revenue bonds and
thereafter maintained separate and apart from the general fund.
Nothing herein shall be construed so as to prevent the
isuance of revenue bonds pursuant to this Section for any of the
purposes specified in the first paragraph of this Section which
are payable from both system or project revenues and the proceeds
of the taxes herein specified. Revenue bonds isued pursuant to
this Section may also be secured by a pledge of the full faith and
credit of the town or of general property taxes; however, except
for such bonds issued for the purpose of acquiring, constructing,
extending or improving any municipal utility system, no such bonds
shall be issued until'the question of their issuance shall have
been approved at•an election as required by Section 10.4 of this
Charter. Revenue bonds issued pursuant to this Section may also
be secured by a pledge of governmental grants received or to be
received from the United States of America or any agency thereof
or from the State of Colorado or any agency thereof or by a pledge
of grant receipts together with any other revenues or taxes as
herein provided.
0
9
0
9
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 10.8 - SPECIAL OR LOCAL IMPROVEMENT DIIST� ICT BONDS:
Spee,i.6.icaUy, Page 29, paragraph 5, as 4oteows: Where aie outstanding bonds o6 a
4pee.iae on .2oca.e improvement dint i,ct have been paid and any monies remain ,to the
cAedi t o4 the ddstn,ict, .they shall be tAans4med to a specA:ae suApZu6 and de6-ie.ieney
4und and whenever, there is a de6-ia.ieney .in any spec ia2. on, Zocat .improvement dis.tAic t
6und .to 'meet the payments 06 out -standing bond6 and .interest due thereon, .the
de6iciency shah be paid out o6 said surpt" and de6ici.ency 4und.
II.. Background: With ,the 6ot+mation 06 the Lionshead Spee,iat. Improvement Vi6ttti.ct,
thehe may be some monies remaining .in the 8.ighon.n Speciat Improvement D.istni.ct,
which money bhoutd become ava.itabte ban 6wc,thea .improvements in the district
whence' the otiigiinat assessments wehe made. CwAentey, this sentence .in the Chartea
regtdA 6 any te4toveA 4unds to be held and possibte be used to make up son
de6.icit6 .in other special disttticts. Once .improvements have been eompteted,
any surp as monies 4houtd be made avaitabte bon. 6w�ther improvement6 within the
otui.g.inae d,istxi.et on tieimbursement to .those taxed.
III. Majority Opinion:
MOTION PASSED .to de2Qte .this sentence. Howevet, the committee requests a tegae
opinion as to additionae wording that wou_Qd pnsune the assessed monies being
used only by .the or.ig.inae di6t iat.
'PLEASE NOTE LEGAL OPINION BY LORING HARNESS, OF BALLARD, SPAHR. ANDREWS S
INGERSOLL-COPIED ON BACK. THIS OPINION WAS UNANIMOUSLY APPROVED BY THE..,..
COMMITTEE.
Votes Cast -by the Following: Weiss, CcvcoseU_i., Lapin, Ruo46, Thomas, Baieey,
Steinberg, white. {Donovan, Ruder, S.eev.in absent.)
r
IV. Minority Opinion: 1
• Votes Cast by the Following: NONE
r�
" : . Section 10.8 - Special or Local Improvement District Bonds:
The town shall have the power to create local improvement
districts and to assess the costs of and relating to the
construction or installation of special or local improvements of
every character against benefited property within designated
districts in the town by:
(a) order of council, subject, however, to protest by the
owners of a majority of all property benefited and constituting
the basis of assessment as the council may determine.
(b) on a petition by more than fifty (50) per cent of the
landowners in the area of the proposed district.
In either event, a public hearing shall be held at which all
interested parties may appear and be heard. Right to protest and
notice of public hearing shall be given as provided by council by
ordinance. Such improvements shall confer special benefits to the
real or personal property within said district and general
benefits to the town at large. The council shall have the power by
ordinance without an election to prescribe the method of making
such improvements, of assessing the cost thereof, and of issuing
bonds for cost of constructing or installing such improvements
including the costs incidental thereto.
Where all outstanding bonds of a special or local improvement
district have been paid and any monies remain to the credit of the
district, they may be transferred to a special surplus and
deficiency fund, and whenever there is a deficiency in any special
or local improvement district fund to meet the payments of i
outstanding bonds and interest due thereon, the deficiency may be
paid out of said surplus and deficiency fund. However, subject to
the requirements of any convenants contained in any ordinance
authorizing the issuance of special or local improvement district
bonds, the town shall not be obligated to make such transfers or
payments or maintain the special surplus and deficiency fund.
Whenever a special or local improvement district has paid and
cancelled three -fourths of its bonds issued, and for any reason
the remaining assessments are not paid in time to take up the
remaining bonds of the district and the interest due thereon and
there are not sufficient monies in the special surplus and
deficiency fund, then the town shall pay said bonds when due and
the interest due thereon, and reimburse itself by collecting the
unpaid assessments due said district.
In consideration of general benefits conferred upon the town
at large from the construction and installation,. of improvements in
improvement districts, the council may levy annual taxes without
an election on all taxable property within the town at a rate to
be determined by the council for the purpose of advancing monies,
to maintain current payments of interest and equal annual payments •
to the principal amount of bonds issued for any improvement
district hereafter created. The proceeds of such taxes shall be
placed in a special fund and shall be disbursed only for the -_
purposes specified herein, provided that in lieu of such tax
levies, the council may annually transfer to such special fund any
available monies of the town.
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 13.3 - SALE OR LEASE OF PROPERTY:
Counc:it may sett, exchange of dispose oU pub.t.i c u i% i,es , or perrmanent pubt is
bu,i.tdings on teat oh pehsona.t ptopenty with on without �iut obtaining the approvat
o$ a majoN ity o6 .the tegizteAed e.teetons voting thereon as sha.tt be determined
by .the eouneit. The eouncit may .tease, Jot such teem as couneit sha,tt determine,
any neat ot peuonat ptopetty to of gtom any person, 4i m, an cotpotation, pubtie
of pn i.va_te, g ov etnmentat or othetwi s e.
II. Background:
A .tilt oS sactosanet pubti.c rands w.iU be prepared, a .fist which can be added
to but not deteted &tom. This ,tilt .is to added to the CharteJL. A second .fist
o$ .tands w,itt be ptepated .in tegard to smatter, .toss dmpottant transactions and
holdings. A thin.d tint w.iU be composed pt,i.mat.ity o6 easement, vacations, and
other housekeeping matteu. Lists two and three may be handfed .in ctdinanee. botm.
III. Majority Opinion: MOTION PASSED TO READ AS FOLLOWS - "CounciP., by ordinance,
shaft purchase, sett, exchange on dispose o� pubtie uti.titi.es, of permanent
'pubP.fc buitdings of neat of pensonat ptopetty with of without 6i st obtaining
the approvat o.$ a majoxity oA the teg.fsteted etectors voting .th.oreon, with the
exeepti.on 'o6 the $oltow.ing .fisted ptopett es: RUDER'S SACROSANCT LIST. The
Counc i,t, by- ordinance, may Zea3e, Jot such teAm as Couneit shaU det mine, any
neat on peuonat ptopenty,to of from any p¢cson, 6.irm of cotpotation, pubti.c
of pt.ivate, govennmentat of otheAw,ise.
The town .is owner o6 some pubtie lands so ptieetess that the couneit should neveA
have the authority to sett of dispose o6-them without a public vote.
Passedunanimous.ty, with votes by Ste.inbelrg, Ruder,
Votes Cast -by the Following:Ruob�, Lapin, White, Thomas, Slevdn, Weiss, Bailey,
. Ca&osetti. (Donovan absent).
IV. Minority Opinion:
• Votes Cast by the Following: NONE
r"
Taken from TOV Files
3-30-84 (Revised
5--8784)
Section A: Deeds
and/or Dedicated Parcels from V.A. to TOV:
eel Description
A,g,A,
Acreage
Date
1. Potato Patch,
part of Tract C
Northside pedestrian
.98
1.977
bridge
2. Part of Lot 1,
Block 1, Vail
Southside of pedestrian
.265
1978
Lionshead Third Filing
bridge
3. Tract A, B&C,
Vail Village
Open space and stream
34.10
1978
12th Filing &
13th Piling
tract in Booth Creek
93.354
area
4. Tract F, Vail
Village 7th
Ptarmagian Road, south--
1.587
1978
side avalanche chute
5. Part of Tract
C&B, Vail Village
Covered Bridge area
.3605
1970
First Filing
6. Tract D, Vail.Lionshead Third
,Filing
7� Tract C, Vail Village 2nd Filing
8. Part of Tract C, Vail Lionshead
First Filing
9. Tract E, Vail Lionshead First
Filing
10. Lot 1, Vail Lionshead First
Filing
11. Vail Village Third Filing
Tract A
12. Tract F, Lionshead First
Filing
Unplatted area south of 5.163
creek; no. of sewer plant
Old Town Shop .5173
Lionshead Mall
Lionshead Entrance Site
Lionshead Parking
Structure
Switchback b/w Rockledge
Road and Forest Road
East Lionshead bus stop
1978
1978
1978
1980
1980
.1387 1978
.027 1978
13.
Tract C, Vail
Lionshead
Middle Creek stream tract
.559
1978
Second Filing
north of Dobson Arena to
State Frontage Road
14.
Tract I, Vail
Village First
Village Stream tract from
2.727
1978
Filing
Vail Road easterly to
Village Center Bldg.
15.
Tracts A, E &
F Lionshead
Parcel east of Antlers
.328
1978
Third, -Filing
and Studio turnarounds
16.
Part of Tract
B&C, Vail
_ Village Parking Struc-
.5.5223
1974
Village first
-filing
ture
17.
North of I-70
Mountain Bell Site .25.177
1976
18.
Tract A, Vail
Valley 4th
Golf Course Park Site
28.144
1976
Filing
(Katsos) East of
Sunburst Drive
19.
Lots 9., 10.&
11,V_ail Village
Avalanche chutes off
2.16
1975
10th Filing
Fairway Drive
20.
Tract B, Vail
Village First
Vorlaufer Park
.2351
1970
Filing
210Tract H, Vail
Village First
Willow Circle landscaped
3.93
1971
Filing
area
22.
A Part of Tract J, Block 7,
A portion of land south
I.2948
1971
Vail Village
First Filing
and west of Chapel Site
23.
Tract G, Vail
Village Fifth
A portion of Mill Creek
1971
Filing
stream tract behind Red
Lion from Gore Creek Dr.
to Hanson Ranch Road ;;
Parcel Description
24. Part of Tract B, Vail Village
1st Filing
25. A portion of Tract B, Vail
Lionshead 1st Filing
Section B: Other Town of Vail Lands
26. Bighorn 3rd Filing
27.
28.
29.
30.
A.K.A. Acreage Date
A part of stream tract 19
adjacent to Athletic Club
Never -ever Ski School .8602 1971
(Oldenburg site)
Eaton Land-E. Vail Open 18 lots + 1982
Space no. of Interstate 5.73
Vail Golf Course- 56.736 1984
Pulis Ranch
Vail Golf Course - V.A. 1984
pending
Intermountain parksite 2.7 1980
(Stephens property)
Bighorn Park approx. 1 1980
(King Arthur's Court) 40
81.
Buffer Creek Lot 40
Buffer Creek parksite
approx.
198
.819
32.
Matterhorn Village
Donovan Park
54
1979
33.
Ford Park
34.
Katsos Property
1977
35.
Vail Interfaith Chapel
36.
Dobson Arena Site
37.
Athletic (soccer) field
4.987
1978
38.
Founder's Plaza (Gondola
I)
39.
Unplatted
Municipal Building Site
1971
40,
Unplatted
Post Office Site
1971
41.
Bighorn Subdivision Lot 12
East Vail Fire Station
190
42.
Vail Village 2nd Fiing, Lots H & I
Village Firestation
1964
43.
North of I-70 at Golf'Course
Bus Barn Site
17.3
1975
44.
Vail Village 2nd.Filing
Ski Museum Site
1.23
1975
45.
Red Sandstone School Site
5.3
1976
46.
Bighorn Subdivision, Tract C & D
1.02
1977
47.
BLM -- Unplatted
A part of Intermountain
1983;=
park site
s,y,�i
6,
CHARTER REVIEW COMMITTEE
• JULY 19, 1984
I. Charter Section/Topic: DISTRICTING
II. Background:
CuAAent eoncexn6 axe az 4ottow6: 1) "No one" speci6icatty %epuzent6 me. 2) A
ba.iA Aeptesentation doe6 not cuAAemay exist on the town eounc.%e. 3) D.isthicting
would .incAea6e the .intetes.t .in mun.icipat etecti,ons. 4) It',s undemoexatic not to
III. Majority Opinion: MOTION DEFEATED TO INSTITUTE DISTRICTING.
• In zmaU, tetativeEy homogen.ioue areas, d.lstt ieting .is not neeeszaty. It a22ow6 .too
much concexn to be voiced Jot the "neighborhood," Aathe& than 4ot the "town" and the
"community." Di.Mi.cti,ng woutd cause a 5uxthex devi6ivenezz. The one man, one vote
concept afteady takes cane o$ the need dot dz6tticting. We cou.ed potentio-Uy cut
ounseive6 o54 $tom good ea.nd.idatez by the t mitati.onb o6 distlri.cting. Futthet,
because og .the eveA-changing bed counts, .ins.inite boundaxy possibititie6 exist
and this woue.d %equi&e eon6tant monitoting.
Votes Cast by the Following: white, Lapin, RuoJ6, Ruder, Steinberg, Stev,in,
Bailey. Donovan abzent.
IV. Minority Opinion:
Although thexe was much d.iscuss.ion AegaAd.ing the queati.on o� diztn is tf ng the Town
q vain,. a tev.iew o6 the Aecotd .shows that the debate was an honest exchange of
.i.dea6 and opinionz, AatheA than judgments of concLoion6 hazed on .the ana2yzi6 o6
data. In Sact, .the di6cuzz.ion Aa(sed mote questions than .it ptov.ided awsweu.
It .i6 .the tequest o6 the minority that a non-b.ia; ed.gtoup be 6oAmed to study the
question o5 districting to pta.v.ide the eouncit and the public the bacts and valid
atteAnative6. Some queztions which hhou.Cd be addAes6ed .in .the ztudy inctude:
(1) Is theAe a pope ati.on tevet when distA ieting that .iz needed 4ot mote e6jecti_ve
goveAnment - than jot eFecti.ng .the whole councit at eatge? (2) Is diveuity .in
population, economies, .aoe.iai activiti.ez, etc_, an .unpottant cons.idexation Jot
distti.cting? (3) Doez munieipat government dmpAove with dtstAicting because
,indiv.iduat council membeU ate .identi4.ied by the pub.iic .in a di,6t i.e t a6 "my
eoune UAan" who ds A.e6 po nz.ib 2e to me? (4) Do e6 di6 tt i.eting .inch eaz e the pubt is
.invoZvemint .in town aijaiu , as demonztxated by gteateA voter turn -out of
attendance at councit meeti.ngz? (5) Woutd di6thicting improve nedghbothoodz,
and in txn the whole town, and encourage .the SoAmation os neighbothood groups
having chow Zi.aizon with councit action? (6) What hind o5 distticti.ng woutd
evo.Eve in Vail .i5 there were three, sown, oA mote di6tLict6? (7) ShouZd d.ist ict
. Voe�es�'Ca�st by eA �'oalow g to ha2d pubic meetingh within theirs. dist4i.cts?
(continued on back)
Thomaz, Weis, Caro6eUi (who objected to the ptocedute o� the vote)
NztfUcting, continued:
(8�) Now could ,the council be composed? Should it nema.in with seven memben6, on
shoutd it -be -incAea6 ed? Ig so, how many? (9) Should att membe&6 o4 the council,
under dusts sting, be elected at tange, on 6houtd di6ttiet neptueatativea be
elected only by .that di6,ttrict? Uh, should thehe be a mix o5 dist;'u;et and at-lakge
council memberc6? (10) Should the mayors be elected at 2ange and by the public,
on would the mayo)c be a distfc.i.ct tepnwentat ve and elected to the past, a6 now,
by .the council? (1 l) Why did other towns and cities adopt di6tn icting?
SepaAate 6hom .the Congne z being composed o4 dist&ict nepae6entatives, many
state govennmentae bodie6 cute by distniet. Many towns and citie.6 elect theit
council by dtstnict; the county eomm".6ion .i.6 by d,i6t,%ict; a6 is the school
boascd. The nequitementa that these bodies cute composed o4 diztkict Aepae6entatives
,indicate that distn.icting can and doe6 wonh e56eetively, and that .the •leaders
ob our state have a sth.ong attitude that di6tki c.Ung iz a demon tat.ic pn inc ipEe
that shoutd be applied to governmental bodies otheh than just the state tegiz-
tature.
With such an objective study, outlining the va ioub hinds o{ d i s tir icting and
the picas and cow, then .it .is poss.ibte to discuss the jiwue with the pub•tic
and put the question on the ballot 4on rLuotution. •
0
0
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 2.3 - MUNICIPAL ELECTIONS:
A Aegueat mun.ieipat etection shatt be heed on the th•iAd Tuesday a4teA .the thi d
Monday .in NovembeA oA 1973, and b.ienniatty the&ea4te&. Any spee.Lae municipat
election may be eateed by %aotution on otedinanee o4 the council at merit
thiAty (30) days .in advance o4 such e.eecti.on. The tesohftion ok ond.inance
eateing a speciat muwieipat etecti.on shale set 4onth the puApose of purposes o4
such etection. Potei.ng peaces Son att mun,ici.pat etectlons shaZt be open 4Aom
7 a.m. to 7 p.m. on etection day.
II. Background:
TheAe iz. grave conceAn about ouA eammuru ty's voter apathy, and peAhaps thtough
combining ou& mun,ic.i.pat etection date with -the genetat etection date, we can
draw gteateA numbeu oA voters to .the pots.
III. Majority Opinion: CHANGE THE REGULAR MUNICIPAL ELECTION 'DATE TO THE FIRST
. TUESDAV AFTER THE FIRST MONDAV IN NOVEMBER, ON EVEN -NUMBERED YEARS, TO COINCIDE
WITH THE GENERAL ELECTION.
Appnovae. AAteA studying .the vaxious etection data used thAoughout the state..
oA Cototado by other home Aute municipatities, and a4teA studying the unique
stAuctvAe o4 this Aesoht community, .it would appeaA bene6 is ia.e to Join Aotees With
the geneAat etection .in uAg.ing votex6 to the poles .
Votes Cast by the Following: Thomas, Stev.i.n, Weiss, Rude&, Lapin, White, Ruo4j,
Baitey, Catosetti. Donovan absent.
• IV. Additional Considerations Offered by the Following.Members:
0b4ened by Weiss, Catoset2.i, Thomas. - atthough this m.inanity ag&ees with the mafon.ity
.in AegaAd to changing the election date, Aottowing aAe two suggestions:
1) That this section. be made into two panagnaphs., with the A.inst paAagtaph
addness.i.ng tegutat muniaipae eteeti.ons, and a second patagtaph addtess,i.ng speeiae
eteetions. This would ceax,%Ay the two d.i6beAent kinds o4 eteetions.
2) The east pa&agtaph stating the potting peaces be open.4tom 7:00 A.M. to 7:00
P.M. be deteted. This minimum &equih.ement .is state .in the State Eteetion Law,
and being a pant oA the Cha,teA phohib.it-s the Town o4 Vat Atom expanding the time
oA eteetions, .iA it des.ined, in the 4utu&e without a vote o4 the etectau . As an
exampte,..iA the Town wished to extend the voting time 4oA municipal eteetions to
9:00 P.M., .it could not without a..Chanten change, even .ij that change would be
beneAici.at and dai&.ed by the town.
0 Votes Cast by the Following: Ste.inbeAg.
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 3.1 - THE COUNCIL:
II. Background:
0
III. Majority Opinion: MOTION DEFEATED AS FOLLOWS: Amend a'U verb.la.ge.in the
Chanter 4nom councilmen to councitmemberz. •
The majau ty 4ee-U although .in usence this iA a .timely and needed change,
.the expense i6 paohib.ftay, i.e., based on .the publi6hing and voting eobt6.
FuntheA, the de4.cnition6 section .in .the ChatteA dou addreaa the i6sue.
Votes Cast by the Following: Steinberg, Rudet, Ruo54, Lapin, White, Thomas,
SZev.in, WeiAz, Bailey. (Donovan absent)
IV. Minority Opinion:
Votes Cast by the Following: Catoseili, who objected .to .the procedure o4 .the vo-tie
0
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 3.3 - MAYOR:
The mayot shaZt be eteeted 4nom .the duty eeeeted eouneit by a majority vote at .its
6iut onganizationae meeting to be Wd w.tth.in seven (7) days 4nom .the eeecti.on,
and shalt sevve at .the pteasune o4 the coune.i,e 4ox a .two -yea& term.
II. Background:
Coneehn exist& that a mayox can serve ad injinitam, -thus never attow,ing other counciZ -
member,S to gain expeAi.enee and expertise. Further., thet.e is too much continuing
,tapons-ibitity 4ox one indiv.i.duat to be aMwed .in this position 4ok eight years.
III. Majority Opinion: MOTION PASSED TO ALLOW THE LENGTH OF TERM OF OFFICE FOR
• THE MAYOR TO REMAIN AT TWO YEARS.
It wowed appeax that a mayors who is etected to seveAae comecutLve teAm,6 by his
peers .inst ttz eonti.nuity and xein.4onces the -choice o4 .those councitmemberw.
Ato, since .the content o4 .the eounei,t change,, every two years, ij .the same
.indiv.iduat is eteeted to mayor., this showed be noted as a majox vote o4 eon4 Bence.
Votes Cast by the Following: Thomas, Stev,in, Lapin, Ruder, Rua6j, Stelnbeng,
• Weiss, Baieey, White. (Donovan absent)
IV. Minority Opinion:
The eteetion o4 the Mayo,% shaU be an eeection 4xorn candidatez 4on Mayon nunni.ng
at .ta).tge .in att eteetion wands o4 the town. The.Mayon shah be eeeeted 4ox a
term o4, o45.Lee o4 4oux (4) yeaus. (See the "Tentative Chahte&" submitted by
Caxos etZi, Pages 9-11, got 4uxthen powexs and dw>t.e:.o4 the Mayan.)
0 Votes Cast by the Following: Canosetti., who objected to the pnoeedwte o4 the vote.
CHARTER REVIEW COMMITTEE
JULY 19, 1984
•
I. Charter Section/Topic: SECTION 3.9 - COUNCIL VACANCIES:
A counv---man 6hazz continue to hold hips o66dce untiQ hi,�s succezzox .is duty quati.6.ied.
A council. seat shalt became vacant wheneva any councieman .ie xeca.tted, dies, becomes
incapacitated, tuigns, eea.ae�s to be a Aes.i.dent o6 the town ox is convicted o6 a
6etony. Within .thi4ty (30) day6 a6te). a vacancy oecuA ,.the nemai.ning eouncZbnen
6hatt choose by niajox.ity vote a duty quaP.i6.ied pexson to 6.iU such vacancy. He. shat2
6eAve ,the unexp &ed team so vacant untie the next Aeguta'% mu.nicipa2 etection. 16
thxee ot mote vacancies exizt z imuttaneoudty, .the xemain.ing eounc i.Pmen shaU, at
the next xegutaA meeting o6 the counci.t, ca.0 a speciat eP.ection to 6iU such
vacancies, pxov.ided theAe witt not be a xegutaA municipat eteetion within ninety
(90) days and pxov.ided that theit'suceessoA6 have not pxev.iov6ty been eteeted.
II. Background:
III. Majority Opinion: MOTION PASSED AS FOLLOWS - Speci6icaEty, sentence 3 to xead
" 6ot.Lows - " 16 .the vacancy occu" with 365 oA mote day6 xemaini.ng .in the team,
a mandatoAy election 6hai2 be ca ted. 16 a vacancy oceuu with 364 days oA te66
xema.in%ng..in .the tam, the Council may choose to eaU an etecti.on on appoint
the poz i ti.on." I
C-iti.zen.b do not wish to give up .theeA night o4 6etection- box an .indiv.i,duat in
a councit position.
Votes Cast by the Following: Thomas, Stevin, Steinbehg, Rude&, Ruo66, Lapin,
White, Bailey, Caxo6etZt (who objected to the pxoceduxe o6 the vote).
(Donovan absent)
IV. Minority Opinion:
Votes Cast by the Following: Weiss.
CHARTER REVIEW COMMITTEE
• JULY 19, 1984
I. Charter Section/Topic: SECTION 6.3 - POWERS AND DUTIES (TOWN MANAGER):
The manage& sha t be ne6ponsibte to the eouncie Jon .the pnapen administ&ation
06 all a66aiusbJ the town placed .in hi6 change, and to that end he .ehaU have the
power and duties and be nequ ted to: (a)Be nesponsible ban .the en6oneement of the
taws and ondinanee6 of .the -town; (b) Hite, suspend, tAansJe& and remove .town
employees; (c) Make appointments on the basis of executive and adm.ini6tAative
abiZity and of the t4ai,ning and expen.i.ence o6 such appointees .in the work which they
are to peAJo&m; (d)• Cau6e a pkoposed budget to be pnepaAed annually and submit to
the soundt and be aespons.ibte Jan the adm.inistAati.on o6 the budget a6ten .its adop-
tion; (e) Prepare and submit to the council as of the end of the Jizca1 yeah a
complete nepolrt on 6.inances and administrative aetivitiez of the town box the pre-
ceding yeah and, upon request of the council, make wtitten on veAbal nepoAts at
any time coneeuing the a66aiu of the town under his supavi s.ion; (6) Keep the
council advised of .the Jinaneiae condition and Jutune needs o6 the town and make
such recommendations to the council Jon adoption as he may deem necessary on
expedient; (g) ExeAci.6e supervizion and contAol oven att executive and adm,inistnative
departments, and neeommend to the counc_iZ any proposal he thinks advisable to
establish, emsotidate an abolish admini6tttative depattnents; (h) Be nespons.ible
bon .the enboxcement of aU terms and conditions .imposed .in Javon of the town ,in any
eontAaet on pubti.c utiU-ty Jnanch.ize, and upon knowledge of any violation theAeoJ,
nepoht the same to eouneLt Jor such action and phoceedi,ngz as may be neeersaty to
enbohceithe same, (.i.') Attend council meeting.6 and panti.c.ipate .in discussions with
the council .in an adv.izony capacity; (j). E6tabtish a .system o6 accounting and
auditing Jon the town which zha.e,2. ne4tect, in accondanee with genexaUy accepted
accounting pn.ineiples, the J.inane ial condition and Jtnanc iat openati.on of the town;
(k) Pnov.ide Jon engineering, anchdtectunat, maintenance, and constnuction sehv.iees
Aequir.ed by the town; (t) Serve .in an ex--oJJ.icio capacity on at.e pn.esent and 4atute
boards, eomm,ittees, and.comm,izzio s o6 the town; (m) Pex6onm other such duties as
may be pne6cAibed by this Chartea, on by ond.inance on by othe,% applicable taw, on
nequiAed o6 him by council, which axe not inconsiztent with this Cha,1teA.
II. Majority Opinion: LEAVE THIS SECTION AS IT WAS ADOPTED IN 1972.
The majox ty Jeets the votex6 give the Counc.it the poweA to h Ae three people
only (.i.e., town manageA; town attaAney, town eleAk). The manageA should have the
power to adm.ini,6ttate, i.e., hire and 6.iAe, the nest of the town 6ta66. They
agree with .the stAength and power. given to the town manage&.
Votes Cast by the Following: Stei.nbeng, Lapin, Ruder, Bailey, Donovan, Ruo6J,
Slev in. (White absent)
II-1, Minority Opinion:
It ,i.6 the minon•ity opinion that the nespons.ib,i.eity of .the adm.in.i station of the
fawn goveument nests with the town councie. To achieve the pnopeA adm.inistn.ation
the council .i:6 autho&ized and nequ.iAed to appoint a town manage& to whom the councit
must delegate such authcA.ity and duties as deem'ed:necessany to adm.inisteA the
town a66aiks. However, the m.inox ty beti,eve6 tlaai. the poweu and dutie6 o f the
town manageA be not granted by the Chanel but by the council; and theAe6one,
this section shou.ed be modi6.ied aceondingty.
The mi.nonity requests that eon,6ideAat.ion be given ta. 'modi6y the language o6 this
s eetio n to head: ( Chang e6 under -fined )
.The manage& shall be nespons,ible to the council Jon the ptopeh. adm.in .6tnation
o6 ael aJ6avc6 o6 the town placed in his change bl .the town council. The eouncit
ha6 the 6otZow%ng`enumerated powers and duties wh.Tch can be delegated to the
',town manage& as it seeps bit and nece6sany. (pick up with Section (a)) .
(Note: Section 6.1-Town ManageA: should be ehang o to be in agreement with the
pAopozed changes in Section 6.3, a6 Jottows: The second sentence should head -
"A6 such, he may possess, and may exe&cise all the executive powers and adm.in-
• .i,stxative powers vested .in the town counc.it.) (continued on back)
Votes Cast by the Following:
Thom", Weisz, Caxo6eZU.
Powers and Duties o6 .the Town Manager, continued.
With .the change in language .in Section 6.3, the xe4pons.ib.t2ity ob the admini.-
i6tra'ton is that of .the etected o66ieiats o$ the .town council, as it should
be .in a representative Sorm ob government. At present, .the Charter by -pasties
.the spec i6 is xesponz i.b-tZ.i ties ob adm.i.nistAat.ion but does not pxov.i.de the
citizen any xeeouue to .the adm.in.istratax except .inddAectZ.y through the down
count. As an example, .the .town manager: "(a) Be re6pons.ibte Son .the
en4oreement ob .the laws and ordinances o6 .the town; (b) Hite, suspend,
t4am4er and remove .town employees;" These two duties .in the Charted allow
the .town manages to select and hike the police chieS and .instruct .the ehie(I
how he wilt en5oxee the .taw, and the town manager does tW without di-t.ection
and consuZtation being xegtwted with .the town councit.
We don't think .th.vs is the undeu.tand,ing ot dezi to o6 the votem; the voters
pexeeive the elected keptuentatives as being )Lespon6ibZe sox law en{oreement .in
every respect.
By changing the language as proposed, the councit would have the power to w.tthdxaw
the duty o6 law enboncement .is the councit belt that the town manager was not do'
.it a6 it saw ¢.it and pxopelt. Th.i.6 .is .the probZem $aced .in Avon with the mufti-
m.iU-i.on•dotta& taw&t t, where the town manager Ls claiming the town council
did -not have the authmity to .instruct him to demote the chLe4 og poZice. .
Atthough•the count acted .in good 6a.tth by .tenm.inating the town manager box not
�otZowing the .i.nmuctions o6 the councit, it i6 now .in the cou4t6, and ettheA
way it iz expen6.ive to the Town o6 Avon.
The argument that the town manager consu.Q,ts with the town counc U on mattehz o�
appointment is not, dented, but that .is an opeAat.ing procedure which may or may
not be Jot2owed'by the next town manager, because it .i,a not a requiAement. The
ChaxteA grants the town manager this authox ty without appxovat o6 the councit.
The argument that the town council can teitm.inate a manager at any time is weak,
because- this U what happened .in Avon and the authoAity ob .the couno U is being
cha.ttenged .in expensive titi.gat.ion., Secondly, a town manager may be doing an
excellent job .in .every other respect, except one, as .in this example, where he wants
'tb- rietain the ehie$ 66 poZi,ce and hiz method o4 law en4oxeement. And to tuminate
the town manager may not be in the overall beat -intmeat o� the town, but the
eounc U would have no others choice except termination.
The proposed .language wou:td pexm.it the councit to deny or withdraw the town
manager's authottty and respons.ib.itity .in 4peci4ic adm.inistAati.ve and executive •
areas. This 6lex ib.i lity would atlow the councit to meet .its xespona.ib-i Z i ties
to the electors without dra6t.i e changes.
• CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 10.5 -- LIMITATIONS:
There shaPZ be no tinutat.ion as to the amount os bonds and secm tti.e3, except .in
documentb pnov.id.ing 5oA the .i,bsuance o6 same, which may be d.+sued by the town
subject only to .the e2eeti.on ptov.i4ion6 o6 Section 10.4. A.P.?. bonde i.6zued puAsuant
to .the ptovis,io.nz o6 tu.A ChaAteA shaU be so.2d at pubZi,c on private safe to the
best advantage ob .the town at above oK below pan. Bondi may contain pn.ov.i6iors
�oA ea.YUnf same at dm gnated peti.oda pnioA to .the 6.inat due date, with oA w.i.thout
.the payment o5 a ptc.i_on redemption ptem,ium.
11. Background:
Debt 4hou2d. not be used as a bounce oA 4undd. We shotLW not sW debt greateA
.than what we oAe 6.inane ing . We need a xa tionat t im-ita Lion .to o 5 6-s et ,the
tack o6 Limitation and the emotionaP.ism. . PAov.is ions shoutd be made 6or amorti.-
zation, Aep.Cacement, and maintenance.
III. Majority Opinion: MOTION PASSED AS FOLLOWS: BoAAowing shall not exceed cast
• or the appraised vatu.e ob the asset financed.
Votes Cast -by the Following: We tys, Canosetti,, Lapin, Ruogb, Thomas.
(Donovan, Ruder, Stev>in absent.)
• IV. Minority Opinion:
0 - Votes Cast by the Following: Ste.inbeAg, White, Bailey.
CHARTER REVIEW COMMITTEE
• JULY 19, 1984
I. Charter Section/Topic: SECTION 10.5 - LIMITATIONS:
There .6haee be no tim tati,on ass to .the amount 06 bonds and zecutitieb, except .in
doeumen.t6 ptov.Ld ng jot the .issuance 06 same, which may be -i6sued by the town
subject onty .to the eeection pnov.i6ion6 o6 Section 10.4. Att bonds .issued pwsuant
to the ptov.is.ions o6 this Chasten shaet be botd at pubtie aft p}ci.vate sate .to .the
but advantage o6 .the -town at above of betow pan. Bonds may contain ptov,is.ions
jot tatting same at designated periods pnion to the jinae due date, with on without
.the payment o6 a pn iot tedemption ptem.ium.
II. Background:
A good buh.ineeh tegcune6 .that every time you buy equipment, you ptov-i.de amottiza-
tion, obsotescense, and teptaeement. The town .6houtd have a simaat ptov.i6ion
jar any project, .in that it can ptov.i,de jot amoit zati.on, %eptacement and
maintenance.
III. Majority Opinion: MOTION PASSED AS FOLLOWS: No botftow.ing sha.ee exceed .in
• tength 80% of ,the me6ue ti6e o6 .the asset so 4.inanced.
Votes Cast -by the Following: Weiss, Ca&oseeei., Lapin, Ruojj, Thomas.
(Donovan, Ruder, .Stevin absent)
IV. Minority Opinion: .
0 Votes Cast by the Following: Ste-inbetg, White, Ba.i.tey.
• CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 10.5 - LIMITATIONS:
There shaeZ be no Limitation as .to .the amount o6 bonds and secwUti.es, except .in
documents providing Sot to ,issuance ob same, which may be .issued by the town
subject orgy to the etection ptovi,6ions o5 Section 10.4. Atg bonds -issued pursuant
to .the provZ6 ions ob .this Chcvrtex shag.?. be sogd at pub.Lic of pA,i,vate sage to .the
best advantage o6 .the .sown at above a betow paA. Bonds may contain ptovdsions
bot cagting same at designated pet.iods p&iot to the A.inat due date, with ar without
.the payment o6 a ptiot tedemption ptemium.
II. Background:
A tA.ad tionat approach is to tim.it debt to a cetrtain peA.centage ob assessed
vatuati:on. A �uAthet approach .in re2ati.on to GO bands .is .the tact they must
be voted, which .is a de4inite testkiction. The question has been asked .i4
.indebtedness cou.gdn'.t be .5tAuctuA.ed with shorted tvms?
III. Majority Opinion: MOTION PASSED AS FOLLOWS: No additi.onag bonA:owing may be
• .incmxed as .gong as the ratio o� totag debt service to totat revenues exceeds
20%.
CuiAentgy, out $21, 000, 000. 00 bonded -indebtedness, which oveA . the t 4etime 04
that debt wiPt actuaUy be paid out at $38,000,000.00 - is .too high. In a
statutoxy situation, 10% o� the asse3sed vaguation -is the debt ti.nutati.on.
As an example, .ib we say Vait has an assessed vatuation o� $134,000,000.00,
.i6 we were statutoxy, the town would be able to iS,6ue $13,400,000.00 o6 debt. -
Votes Cast -by the Following: Melds, CaA.os U_i, Lapin, Ruo�j, Thomas, Bailey.
• (Donovan, RudeA, Stev.in: absent)
IV. Minority Opinion: x
• Votes Cast by the Following: S-te.inbeAg, White.
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 10.5 - LIMITATIONS:
There 6haZZ be no t imii tation a6 to the amount o6 bonds and 6ecu Lti.ea, except in
documents providing 6or the U6uance o6 same, which may be .c66ued by the town
6ub1eat -on?y to the eeection provi6.ion,6 o6 Section 10.4. Ate bonds .c66ued put6uant
to .the pnovision6 o6 this Cha}rtec 6haU be &old at pubtie on pxivate bate to .the
best advantage o6 .the town at above on below par. Bonds may contain prov"ion6
Son cO-Ung flame at designated periods ptior to the 6.ina2. due date, with on without
the payment o6 a pa,i.or redemption paem.ium.
II. Background:
TW committee appreciates that the Council ha-6 .the night to be potiti,cat and
present .i6zue6 at the mo6t advantageous time. However, great eonam exits oven
the euA&ent poti.cy oA aetaw.ing the "Jew" to decide matters o6 such great .impoktanee.
Th%bugh vatiou6 d.icus6.ions, at'was unanimouaty agreed to encourage the &cheduting
oA elections when the majority oA voters are avaieabte to decide the .i6ue. TO
SIGNIFY THE EXTREME CONCERN REGARDING THIS MATTER, THE FOLLOWING MOTIONS WERE
INTRODUCED AND VOTED UPON: o
III. Majority Opinion: ....MOTION #x:._;. No eeeetian gar debt is valid
• untus 33% o6 the regi6teced eeeetors vote on the debt.
IN FAVOR -UNANIMOUS, with voting by We a6, CaroseeU, Lapin, Ruob6, Thomas; Bailey _
Steinberg, Wki..te. (Donovan, Rudex, Stevan absent).
MOTION #2: The Chatter 6houZd 6peci6y that the Town Council can hoed eteetion6 on
6.inanciae matteu only when the majoniJty o6 the eeectots are .in town on at the
'.time 06 another eteetion.
IN FAVOR-Caxo4dU, Ruder, Baie.ey, Donovan, Ruo66, Stevi.n, Thoma6, Weisz. (White absent)
OPPOSED. -Lapin, Stei.nbeng.
MOTION 03 - Council.,. as a matter. 06 poticy, 6haft hoed an eeeetion negand.ing the
.i66uanee oA debt at such a time when the ma1onity o6 the neg.isteced eeecton6 w.i le
be avaitabte to vote.
IN FAVOR -Lapin.
OPPOSED -Steinberg, ,Canos.eeti., RudeL, Bailey, Donovan, Ruo68, Stev.in, Thomas, Wei64.
(White ab6 ent)
The point oS. ate o6 these motions is to express the committees grave concern and
.inab.itity to -come up with a motion 4ati.s6actory to ate. BILL PYKA WILL BE
CONTACTING CML TO ASCERTAIN THE LEGALITIES OF THE 33%, QUESTION..
MOTION #4 -: Tlyi iz the -6.inat motion approved unanimou6ty by act members except
White, who wa6 ab6ent. Thiemoti.on 6tand6 a6 the Chaxtet Committee's recommen-
dation,'to Council: The Chaatec w.ishe6 to empha4.iz.e that eteetions on debt
should .be planned .in such a manner asto maximize.the vote on that .v6ue..
I
0 - . _. . ,.... : .
CHARTER REVIEW COMMITTEE
i JULY 19, 1984
I. Charter Section/Topic: SECTION 11.1 - AUTHORITY TO LEVY TAXES:
The eouneiir may eevy and eotZeet .taxes without tim.i tation as to amount box municipal
puxpos ea which may tncZude but s haU not be tunited to: g enetae ad vatoxem pro pent y
taxe4, bate/ .tax, use tax, bed .tax, occupation .tax, excuse tax. No sates tax
on bed tax 6haU be Levied astex the adoption of this Chantey, untie such tax shall
have been approved by a majaxity o6 .the xegistexed quatiiied eteetoxs voting at a
xequtat of speciae. eteetion.
II. Background:
Taxat,i.on' without Limitation and in an uneontAoUed ma.nnelL a not patatab& to oux
voteU. Limitati.ona need to be set.
r
III. Majority Opinion: The. Issue of .tax .eim.%t Lion was discu.ased at gxeat .length by
• the committee _ . t:.:.:,n rf.... �.:: :. - ......: , - _ - :::+ poU o6 the committee
indicated a .atAong desire on the paxt.o6 the committee to Limit the councit's
taxing •abdtity a6 xepoxted in the May 24th minutes: 'The majoxity fleeting is
that any tax should be voted on by .the people.";`5Tn. peeping with th.iz statement,
-the m.i.noxity proposes .the Jottowing tanguage flax. aka section -
The eouncie may .levy and co.teeet .taxes 4ox municiipat puxposes, which may .ine.tude,
but shalt not be tim.ited to: genehat ad valoxem p.openty taxes, sates tax, Use
tax, bed tax, occupation tax, and excise tax.
No new tax oS any 6onm on deaexipttion shaU be .levied at no existing tax hate
shaU be incxeaaed without the app&ovat og a majoxi ty o4 the xegistehed .qualified
etectou. voting at a %egutat ox spec iat etec ti.on.
Council i4 granted the authority to .incteaae the 'Ltd vatoxem .tax each yeah according
to .the state t mitati.on rote o6 7 per cent. This Limit may be exceeded with the
appnovae o5 .the majority o5 the xeg.i4.tened qu.aZijied etec.toxa voting at a regular
ox special election.
Votes Cast -by the Following: Cwwsetti., Lapin, Rudex, Saieey, Donavan, luoi$,
Stev.in, Thomas, IJc",6. ().hZ_'e absent)
IV. Minority Ooininn-
. Votes Cast by the Following: Steinberg.
0
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 13.2 -__LIABILITY OF THE TOWN:
No. action sox xecovexy os compensation sox penhonat injun.y, death, ox pnopenty
damage agaLut the .town on account o5 .its neg.eigence ox otheh toxt shaU be
maintained unteaz w4 tten notice os .the a teged .time, p.Pace and eau3e os injuAy,
death an pxopexty damage .ins given to the .town e.beAk by ,the peuon .injuAed, his
agent, _ ox attoxney within ninety (90) days os .the oceux&ence cauz ing the .inju ty,
death, o,% pxopenty damage.
II. Background:
Upon xeeommendation os Swan Gxi,ss.iths, geneha2 coun6 eL sox Cotoxado Muniaipa2
League, to bx.ing .the .town euAxent..
III. Majority Opinion: MOTION PASSED, with .time sxame becoming 180 days os the
• oecu"enee.
Votes Cast by the Following: Thomas, S2ev.in, Lapin, Rudvc, Ruoss, White, Weiaz,
Wei.6s, Bailey, SteinbeAg. (Donovan absent)
• IV. Minority Opinion:
The time t m.it os notice os death oh .injuAy .Leading to disab,f2.ity shall be
one yeah. The Town Ctexh zha.U. not xejeat the notis.ieation sox any xeadon;
but shaU duty teeoxd the not.i4ication-and hubm.,' it to the Town Attoxney.
0 Votes Cast by the Following: CaxoaeU_i,.
CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 13.5 - EMERGENCY POUTERS:
In case o6 hiot, .insuxtecti.on, or extAaotdinaAy emergency, the town manager shah
assume the authoAity to execute any action necessary $or the protection og ti6e
and property. Such authoA ty may .inctude but not be tim ted to estabtishing
tegu2Ati.ons governing conduct and activities xeeated to .the cause o5 .the emergency,
and .ib .the emergency situation continues, .the town manager shalt convene .the
counc,U who may take such action as it deems necessary. In .the event .it becomes
necessary, .the tine og suece6sion provided .in Section 13.6 6h.a t be �oaowed.
II. Background:
III. Majority Opinion: MOTION DEFEATED TO AMEND THIS SECTION.
• Fxom a pucti.ca.2 point o6 view, the town manager and/ot sta4J are ptobabCy the
4.iA.st to respond to an emexg enc y Situation. The tanguag e .in this section is
standaAd. -
Votes Cast by the Following: White, Lapin, Ruo{4, Ruder, Steinberg, Stev.i.n., Saitey.
• Donovan absent.
IV. Minority Opinion:
The m.inox ty betieves this :section is too vague .in the Panguage negating to
"exttaotdinary.emergency" and is too broad and ambiguous .in de6.in.ing the powers
and authoA.ity os .the town manager. Let us took .at the meaning og "extAaordinany
emergency:" ExtraoAd.inaAy .i,6 de6 ned as: beyoiii what is usuaC or otd.i,nary, and
exeeptionat .in ehaxaeteA, amount, and extent. E+nengency is de6.i,n.ed as: a sudden,
vAgent, uduatty un5ote.6een oeeurenee ox occasion tequixing -immediate action. TW
phrase, "extAaoxdinaxy emergency" requ 4es judgment and evacuation oS the situation
ox circumstance as to how excepti.ona2, to what degree and to what extent, and
then to take action accoxdingty. The judgment atso nequ,ine,6 a determination .ib
thi.6 unusuaE situation .is to continue .in time of expand .in space oA geography oh
.increase in intensity. This determination wouM also .in4tuenee the action taken.
However, this section pxovide6 no gu.ideti.nes .in detmmi.n.ing the ser.i.ousness ob the
situation and the coue6ponding action which wouYd be appxopr.iate. We can agree
that then.e are di6jerent Levees and funds ob emengeneies, xang.ing btom an
.inconvenience at an automobile accident obstructing ,4 road or inteueetion, and
that this si t ation can become mote dangerous with the possib.ieiity o4 6,ilr.e. A
greaten dange& may be a mud-.6Zide which endangers ZiSe and might tequ Ae evacua-
tion o6 peopQe. And theAe is a w.i.deA-spread and gteateA danger to tiSe and
ptopeftty .in a Aiot on .insuAAer_tion. (continued on back}
Votes Cast by the Following:
Thom", We.vs, Ca/tose.e.e.i (who objected to the ptacedune o6 the vote)
M.inox ty Opinion, continued:
The automobile accident, even with the threat o6 6.ite, t6 limited in scope o6
intensity, geography, and time. The situation .is not uncommon and .is handled .in
a 6a.iAty toutine 6ash.ion, not tequi&ing special, evaluation o4 judgment o6 .the
situation.
The mud-stide situation is mote se&iouz because it does tequiAe ,judgment and
evaluation beyond the obvious action o6 tes.tAicttng the toads .in the immediate
axea, ptov.i.ding aid to .those -immediately a66ected by .the situation. However,
.the eva uati,on o6 .the situat-con not only needs some expertise .in mud-stides
to determine the poss.ibte scope on intensity, but, some judgment to take action
.to protect the lives and propexty o6 not only .those ptesently .involved, but
.those who Ueeome .involved. TW decision ,is cAiticat, because it must be
su66.icient to meet the needs without imposing undue testx.Lction on others who
ate not, and wi-U not, become .involved. We axe xebe&ii.ng to the need to evacuate
people, ox Aestttet people's activity. The abuse od such actions could become
unteasonabte to the ".innocent" uninvotved.
In tehms o6 tiot and tnswrtecti.on, again the action taken even under such severe
and dxasti,c conditions must only meet the needs o6 ,the situation and .not .impose
harsh and undue testhictions to those not .involved oA endangeLed. As an example.
a hiot .in West Vail, may tequike testticting Peopte:.6tom the area,. ox even a
7cut6ew 06 tes,idents in the oAea, but ,there would be no need to .invoke such
testtietions 60R the whole Town o6 Vai,t, butt even under extreme conditions, .it
cannot he, .the tuponsib.itity of autho&ity o6 the town manager to limit the
right a6 assembly, or suspend the night o6 ptivacy, of search without a waAtant,
of atxest without a charge, as might be -imposed undeA ma fiat. taw.
The examples may appear dramatic of extreme, but that .is exac.tey the point o6
eoneetn: the town manager adm.inisteti.ng Limited or usual actions .in an emergency
.is one condition; but :the extension o6 such authoh ity to att emergencies v,iotates
"the very essence o6 democratic government .in which .the eteeted nepnesentati.ves
have the authoni i'y.
The minot ty Requests that the tanguage o6 this section be changed to limit the
action o6 the town manager to adm.inistA&tive action in emergencies, and that he
must noti6y the Councie., who must then meet to deteAm,ine the extent o6 the emetgency
and take such action as deemed necessary.
•
At present, the tang uage.states- "the town manager shaft assume the authority to
execute any action.necessory Got the protection o6 ti6e and propeAty.." This gives •
the town manager absotute authority aver any s.ftuali.on, which only the town manager
evaluates and. detvLmines.. This places power. and %upons,ib.ipity .in the town manager
which is not even permitted out highest elected .o{6iciat., the Ptes.ident o6 the
United Stales.
• CHARTER REVIEW COMMITTEE
JULY 19, 1984
I. Charter Section/Topic: SECTION 13.6 - CONTINUITY OF GOVERNMENT:
The counc.it 6ha.?,2. have the power to provide Jon continuity o6 goveAnment .in .the
Town of VaiZ .in ,the event o6 natuAat of enemy caused disaster. Such poweA 6haU be
empe.oyed .in a manner which WZU pae6eAve Aepxmentative goveAnment .in the Town o6
Vait and which w.iU pAov.ide an oadea.Ey Zi.ne o6 Succas Lon o6 o66.iceu, notw.i th--
,stand.ing the.ptovizions o4..thi6 Cha�rten. Such 6ueeeszi.on ShaPQ. commence with .the
,town managvL, ,the mayo& and .the mayoa pao tem and Shah then aevent to ,the council-
men by otdeA of Seniority, then through an oadeAty tine o6 succession of the
adm.ini.6trati,v e depaatnent heads.
II. Background:
III. Majority Opinion: MOTION DEFEATED TO AMEND SECTION.
Again, 64om a ptacti.cat standpoint, the town manager/6ta56 wou.ed ptobabty be
the 6>uut to ae.6pond. In outUning the sueeers.ion o6 power, .the 6.uut
communication goes 61tom town managen..to mayot, and this appears Aeati stLc.
Votes Cast -by the Following: White, Lapin, Ruo66, RudeA, Ste,inbag, Stev.in,
Baitey. Donovan absent.
IV. Minority Opinion: The m.inoA ty .is concerned about the success -ion o6 goveAnment
in "the.event o6 natural of enemy caused disaster." This section ptov.idu that
the town manageA takes change even with the e. i6.tence of the eteeted memberu, of
the Council. This eonttadict6 the intent o6 th4 Section, which 6tate6 the
CounciP 5hatt have .the poweA to "pteseave tep)Ldentative govehnment .in the Town
o4 Vail and which w.iU provide an otdeAF.y .Pine 63 Succession o6 o4jiceu."
To 6oUow the dictate "phe.6eAve Aephe6entative goveAnment," .the tog.icat
Succersdon would be that elected tepusentotives Should 6ixst assume contAol and
aebpom.ib.i.PLty, staftt,i,ng with the mayat, mayoA pao rem, and then %eveAt to the
eoune.iPmen by oader of SenioAity, a6teA which, the 6.uecess.ion Aevents to .the town
manageA and then the appointed membeJts o6 the adm.in. 6ttati.on. The minor ity
suggz6t6 that this ta.nguage be changed to peace the town manager in .the aader o6
Succe66.ion a6teA the elected o66.ici.aes, so .the -intent o6 pteserving r.eptesentative
government .e6 6ottowed.
• Votes Cast by the Following: We.i,66, Thomas, CaAo6e ti (who objected to the
procedure of the vote)
TO: Va U Town Council
FROM: AZ Glee, Cat Thomas, and FAank CaAOseUli
DATE: 16AUG84
RE: Additionae. Cons.idaatc.ons boA the Chanter.
The m.inonity Aespeetivety asks the eounciZ to addAess the bottowing .issues
which may be AesoZved by oAd.inance Aathe,% than amending the ChaA.ien.:
Budget and Finance.
Att oAdinanees te6exting to budget appAovat, apphapniations, t ansAeA ob bunds,
and oAd.inanees Aega,.ding binancZng Requite b.ive votes ob couneif bon apptovat
AatheA than just a zimpte majanity.
Budget Message:
Section 9.3 states that the town manageA shaU "ptepane and submit to the councit
a budget and accompanying message." It is suggested that the town managefc's
message to the'councit not be the pubti-c. message AegoAding the b.inanci.a2
condition and plan ob ,the town. The m.inm ty suppoAts .the position that the
. mayor be Requited by oAdi,nance to phesent a "state ob the town" message to
the public. This message woutd .i.ne.Qude the town's b.inanciat position, an
exptanation ob the proposed budget boA the upcoming bdaeat year., .inetuding the
counciZ's policy on pea.nned expend.itunes and Revenues, achievements and
planned pAoject6 and activities. Such a message should come bRom the eteeted
teptesentativels, who make po.Ficy and decisions, not the town manager who .is
changed with the adm.in ist'Aa t on ob the pot i ci,ez .
Sunset Ruee:
Att ond.inances have a tetrm.ination date. This woutd AequiAe the counc_i_e to
Aev.iew and tecon6inm tegi6tation in an oRdmey bashion. The same type ob )uLZe
ahoufd apply to aU boands, eommtu ions, and committees appointed by the
eouncit. Such bodies should eitheh have a tmni.nati.on date as a pans ob the
enab.2.ing aAdinanee, oA have to just-i.by it6et6 eveAy yeaA oA two.
Respeetbu.tty submitted,
At Weiss
Ca,e Thomas
FAanh CaAos e Zvi.
A.
;f
. 4
• TO: VAIL'TOWN COUNCIL
FROM: FRANK CAROSELLI
DATE: 16AU,G84
RE: CHARTER MINORITY REPORT
�j
The accompanying tentative version of the full Charter is presented side -by -
side with fhe current Charter.
It has been in preparation -over —many years, but its'present'version'is=an
updated version of the one prepared in comprehensive view of the many discussions
and debates, (some very heated) among the members of the Charter Review Committee
of interested citizens, the nucleus of whom were Michael Caccioppo, Frank
Caroselli ('presiding), Arthur Kittay, Cal Thomas, Don Klinger, and Al Weiss.
But more so, the present version gains comprehension and viability from the
discuss.ionsand debates of the Council's Charter Review Committee of Doris
Bailey (presiding), Bob Ruder, Gerry White, Rosalie Ruoff, Frank Caroselli,
John Donovan, Tom Steinberg, Mery Lapin, Cal Thomas, Al Weiss, and Jim Slevin.
At no time �Jd either committee vote on either version of the tentative Charter.
Sections ofi,the Charter were presented as part of the discussions and debates on
various issues, but only as one expression of the issue.
The vote on;each issue presented in majority and minority report to the Council
in no way Was clouded by the tentative Charter. The vote was truly a vote on
the issue in.question, and my position on the vote is also truly on the issue
.as itwasstated. In this sense the majority and minority reports stand
-wholly as independent from this report on the tentative Charter, even though
some of thesssues; as expressed, are little different from their expression in
the tentati,46 Charter. In essence, then, we can take the majority report; the
minority report, and the tentative Charter report as comprehensive of the work
of the Council's Charter Committee.
The tentative Charter was prepared to reflect the following principles:
1) A Charter is a constitution of municipal government by which a people delegate
powers of -'government to elected,officials, by which the officials abide, and by
which the people abide as the"officials make law in accordance with the Charter.
2) All power to govern is vested in the elected council with the mayor as
chief executive.
3) A town manager must be appointed, and he derives administrative and executive
power as it is delegated by the council.
4) The people's right to rule is preserved not only by the context of the
Charter, but primarily by the initiative and recall, and secondarily, by the
provision of the Constitutional referendum where proper, i.e., taxes, bonds, etc.
5) Districting as an essential principle of democracy is outlined.
y? I
,i
Charter Minority Report/Frank Caroselli
August 16, ,1984
Page Two
t
jl
6) Public'�neetings are provided, of two kinds. One, a bona fide public meeting
to discuss Patters of deep concern to the people; the other, the public partic-
ipation at: all council meetings at which the council votes.
7) Fiscal'IResponsibility - the context of the Charter outlines a government of
fiscal responsibility.
The tentative Charter is written as a people's document, modeled on the
Constitution of the United States and all of the principles of democracy we have
inherited from some 400 year's experience in such principles of self-government an awesome experiment, which this Charter should do all it can to preserve in
order that 'our democracy will endure in a quite hostile world.
C.
Respectfullyy:submitted,
Frank Caroselli
I �
i
;Charter, 1972
f
1ARTICLE I
GENERAL PROVISIONS
Section 1.1 Name and Boundaries
The municipal)'corporation heretofore
existing in Eagl' County, the State of .
Colorado, and kn�wn as the Town of Vail,
shall remain and continue as a body politic
and corporate under this Charter with the
same name and boundaries until changed
in a manner authorized by law,
I
i
f
k.
f'
'i
Section 1.2 Municipal Powers
The Town shall have all the powers
of local self government and home rule and
allpower possible under the Constitution
and the laws of the State of Colorado,
The Town shall and may exercise all muni-'
cipal powers, functions, --rights and pri-
vileges of every nature whatsoever. The
*enumeration of particular powers in this
Charter shall not be deemed to be exclu-
sive of others.
Tentative
Name and Boundaries
The land area in Eagle County of the
State of Colorado, known as the "Town of
Vail," shall remeain known, -under this
Charter, as the "Town of Vail," The bound-
aries shall remain in same., the boundaries
of the said land area; and the people resi-
dent within the -boundaries shall remain,
in body politic,`the "municipal Corporation
of the Town of Vail ."
Note:. (Vail is now a City because it has
a population of more than 2000.)
IThis means that the Town Attorney shall
inform the Secretary of State of this change
of status, The Secretary then verifies
this population status, and if found correct
informs the Governor who is required',to
issue a proclamation that Vail is a City.
Then, if Vail does not plan to change the
number of its members in Council to admini-
ster the larger population, the only change
to City Government is a matter of changing
the "seal" and the office stationary. In
Fact Vail can still go on calling itself
the Town of Vail even through "officially"
It is a city,)
Delete this Section.
(Reasons: The people are the sovereign
authority of their power to govern them-
selves. No one or no document grants them
this power. Instead, by this Charter, the
people grant certain of their powers to
their organized government, and they retain
all others; The Charter is the organic law
by which those who serve in government must
abide as they exercise the power granted to
them; and in their turn, the people abide to
this exercise of power they have granted.)
'I
f harter, 197
Section 1.3 Ril`ghts and Liabilities
By the name' of the Town of Vail, the
municipal corporation shall have perpetual
succession; shall own, possess and hold all
property, real arld personal, heretofore
owned, possessed, and held by said Town of
Vail and shall assume and manage and dis-
pose of all truS s in anyway connected;.
shall succeed tolall the rights and lia-
bilities and shall acquire all benefits
and shall assume and pay all bonds, obli-
gations and indebtedness of the Town of Vail;
by the name of the Town of Vail, may sue
and defend, plead and be impleaded, in all
courts and places, and in all matters and
proceedings; may;have and use a common
seal and alter same at pleasure.
ilr
Section 1.4 form of Government
The municipal !,government provided by
this Charter shalkl be known as Council -
Manager Government_ Pursuant to the
Charter provisions and subject only to
limitations imposed by the State Consti-
tution and by this Charter, all powers
shall be vested In an elective council
which shall enact 1 ocal legislation,
adopt budgets, determine policies and
appoint the town manager who shall
execute the laws nd administer the
town government „,i'A11 powers of the
town shall be exe"rcised in the manner
prescribed by this Charter, or if the
manner be not so prescribed, then in
such manner as may be prescribed by
ordinance or resolution or as provided
by othe applicable law.
ARTICLE II
ELECTIONS
Section 2.1 Colorado Municipal Election
Laws Adopted
Tentative
Delete this Section.
(Reasons: This Charter provides that
these powers of government be placed
elsewhere in this Charter.)
Form of Government
In simplified description, this Chart
provides the following form of governmeno
"An elected Council which appoints a Town
Manager."
Delete remainder of this Section.
(Reasons: See reasons under Sections 1.2
and 1.3, In this Charter, the people
delegate their authority to govern them-
selves in local (municipal) matters, The
State remains the government on all matters
that are of statewide concern, Although
the dividing line may be quite fine in some
matters, this Charter cannot evade the line
but moreover makes the line clear wherever
it can.)
Colorado Municipal Election
Laws Adopted
Town elections shall be governed by the Except as otherwise provided by this
0
Charter, 1972
Tentative
Colorado Municipal Election Laws as now Charter, all municipal elections shall be
existing or hereafter amended or modified, governed by the "Colorado Municipal Election
•except as otherwise provided by this Code of I965" as it now exists, and as it
Charter, or by ordinance hereafter enacted, . may hereafter be changed.
i
Section 2.2 Non -Partisan Elections
All special and regular elections
shall be non -partisan. No candidate
for any municipal office shall run
under any party label.
Section 2.3 Municipal Elections
*A regular municipal election shall be
eld on the third Tuesday after the third
Monday in November of 1973, and biennially
thereafter. Any special municipal election
may be called by resolution or ordinance
of the council at least thirty (30 days in
Among other things, the Code provides:
(a) the powers and duties of the "Municipal
Clerk" as Chief Executive Officer of the
Election Commission; (b) the qualifications
and the registration of electors; (c) the
nomination of candidates to municipal office;
(d) Judges and Clerks of Elections; (e) notice
of elections; (f) conduct of election; (g)
absentee ballots; (h) challenge of voters;
(i) canvas of votes, direct and absentee;
contest of election; W election of offenses;
and (1) statement of candidates' expenses.
At least thirty ,(30) days before any muni-
cipal election, the Municipal Clerk shall
obtain at least one copy of the municipal
election laws for each set of judges, and
shall obtain at least one copy of the simpli-
fied manual of Election Procedures for each
judge from the Office of the Secretary of
State.
The Judges and Clerks of Election shall
receive compensation of no more than two
dollars per hour for the time served on the
day of election.
Delete this Section,
(Reason: This provision is an abridgement
of the freedom of speech.)
Election Day
A regular municipal election shall be
held on the first Tuesday of November of
every even numbered year to coincide with
the general elections held nationally.
No special election may be held within
Charter, 1972
advance of such election. The resolution
or ordinance calling a special municipal
election shall set forth the purpose or
purposes of such election. Polling places
for all municipal elections shall be open
from 7 a.m. to 7 p.m. on election day.
Tentative
sixty..(60) days prior to any other municinal
election held within the Town; nor shal*y
special election be held sooner than six y
(60) days after any other municipal election
is held within the Town unless the special
election is held in conjunction with and on
the same day and at the same polling places
of the said other election. The day of any
special election shall be a designated Tues-
day.
A special election shall be called by the
majority resolution of the Council who shall
use as the "base date" for the election the
date on which the Municipal Clerk deems and
holds the initiative petition as sufficient.
A11special elections shall be held pur-
suant to the following procedure:
1. No sooner then thirty (30) days, nor
later than forty-five days after the "base
date" there shall be held a public meets#
called by the governing authority; at whi,.n
the Mayor or Deputy Mayor shall preside, and
at which all issues and full disclosure of
the purposes of the special election will be
discussed in properly moderated discussion.
The Council shall not convene itself into
meeting at and during the public meeting.
2, Notice of the public meeting and its
purposes shall appear at least twice in a
newspaper of general circulation in the
Town prior to the public meeting.
3. The special election shall be held
no sooner than thirty (30) days nor later
than forty-five (45) days after the date of
the public meeting.
4, Notice of the election date and its
purpose shall be published at least twice in
a newspaper of general circulation in th
Town prior to the date of the election. 4
Charter, 1972
Section 2.4 Election Precincts
• The town shall constitute one voting
precinct, provided that the council may,
for the convenience of voters, establish
additional precincts forty-five (45) days
or more prior to any election, by ordinance.
The precincts so established by ordinance
shall remain for subsequent elections until
otherwise provided by ordinance.
•
Section 2.5 Election Commission
An Election Commission is hereby created,
consisting of the town clerk and two
qualified and registered electors of the
town, who during their term of office shall
not be town officers or employees or can-
didates or nominees for elective town
office. These two members shall be appoint-
ed by the council in the first December
following a regular town election, -for a
term of two (2) years and shall serve with-
out compensation. "
The town clerk shall be chairman. The
Election Commission shall have charge of
all activities and duties required of it
Tentative
Election Precincts and Wards
The Town shall be divided into at least
seven* and into no more than nine* precincts
of approximately equal population to provide
for proportional representation on the
Council based on the principle "one-man:
one -vote." No precinct shall differ in
population by more than 5% from the popula-
tion of any other precinct.
The precincts shall be combined into
four election Wards; broadly comprising,
but not necessarily, the districts: East
Vail, Vail, West Vail, and Intermountain.
Each Ward shall have its own polling
place; and the electors resident in each.
Ward shall vote in no other Ward, and may
vote only for those candidates who will
represent their Ward in Council; and for
those candidates who are "running at large."
The Town shall be re -apportioned into
precincts of proportionate representation
in Council each ten years after the taking
of the national census, and in time for
the next succeeding regular municipal
election,
(*These numbers should be reviewed and changed
Election Commission
By this Charter, the Election Commission
shall remain in office.
The Municipal Clerk shall be the Chief
Executive Officer of Elections, and of the
Commission. The two Commissioners, appointed
by the Town Council, shall serve their full
terms. The Town Council shall extent the
term of one of the appointed Commissioners
an additional year;.and thereafter appoint
one Commissioner, each December, to serve
for two years,
Neither of the appointed Commissioners
shall serve in any other capacity in the
Town government while yet serving as
r 4
�s
Charter, 1972
by statute and/this Charter relating to the
conduct of eldctions in the town. In any
case where election procedure is in doubt,
the Election Commission shall prescribe
the procedure tolbe followed:
The. Commission 'Aall provide procedures to
establish proof, f residency qualification
where residency 's in question. Upon a
showing for good cause, the Election Commis-
.,sion may require proof of residency by any
person registered to vote or, attempting to
register to vote in the Town of Vail. Said
person shall not be qualified to vote in any
municipal election until the Election
Commission is satisfied that he has presented
sufficient proof of residency as required by
law or ordinance'adopted pursuant to this
Charter.
The Election +Commission shall provide
for ballots and sample ballots or voting
machines, for determination of the winner
in the event of 'tie vote, for canvas of
returns and for tjhe issuance of appropriate
certificates.I +
Section 2.6 Recall
Any elected officer of the town may
be recalled at a4 time after six (6)
months in office,•by the electors entitled
to vote for a successor of such incumbent
as provided for in Article XXI of the State
of Colorado Constitution. Consistent with
the Constitution and this Charter, -the
Council may provide by ordinance for further
recall procedures,
Tentative
Commissioner. The appointed Commissioners
shall'serve without compensation as Comm
sinners; except that on any election day
they shall be compensated as are Judges of
the election.
The Election Commission shall have all
the powers and jurisdiction provided in
the "Colorado Municipal Election Code of
1965" as the powers, the jurisdiction, and
the duties of the Council, the Election
Judges, and the Election Clerks respecting
all Town Elections, except that the
Commission does not have the power to call
any municipal election.
The Election Commission shall: (1)
appoint Judges and Clerks of Election for
each polling place at least fifteen (15)
days prior to any election; (2) provide
sample ballots, ballots and/or voting
machines; (3) issue certificates of elec-
tion; and (4) in the event of a tie vote
shall determine the winner by lot in the
presence of the tied candidates.
Recall
(The following Tentative Charter contains
provisions of Article XXI.)
Any elected officer of the Town may be
recalled in accordance with the following
provisions:
(a) No recall petition shall be cir-
culated or filed until the officer sought
to be recalled shall have served at least
sly, (6) months of the officer's term of
office.
(b) The petition for the special reca�
election shall be signed by electors entitled
to vote for a successor of the officer sought
to be recalled, and the number of signers
shall be at least twenty-five (25%) percent
Charter, 1972 Tentative
of the entire vote cast for all candidates
for the office occupied by the incumbent
sought to be recalled.
(c) The petition shall demand that the
recall election be also an election for a
successor to the officer named-
(d) The petition shall contain a general
statement of not more than two hundred (200)
words of the grounds on which the recall is
sought, It shall not be necessary to state
official misconduct. Rather, it is sufficient
to state: "Dissatisfaction," without stating
its reason-
(e) The official ballot shall provide:
(1) The recall question: "Shall 'name' be
recalled from the office of title of office'?"
(2) This question shall be followed by the
words "Yes" and "No" on separate lines with
a blank space to the right of each word in
which the voter's choice may be clearly
. marked; (3) Below the question, the names of
the candidates nominated to succeed to the
office shall be listed in accordance with
the "Colorado Election Code of 1963 Sections
1-61110, -114, -111, and -117 " (4) The
statement (d) above of the grounds for the
recall; (5) If the officer named in "1"
above desires it, a statement justifying the
officer's course in office; and (6) A warn-
ing that a voter that omits voting on the,
question at "2" above makes void the ballot
as a vote for any successor candidate.
The officer sought to be recalled cannot
be a candidate on the ballot.
Any person having authority to exercise
or exercising any public or government duty,
power or function, but does not hold elective
office may be recalled in accordance with
the following provisions:
(a) The petition for the special recall
election shall be signed by the electors of
the Town, and the number of signers shall be
at least five (5%) percent of the total
registered electors of the Town.
Charter, 1972
ARTICLE III
COUNCIL
section 3,1 The Council
The legislative affairs of the town
shall be vested in a council consisting
of seven (7) councilmen all of whom
shall be nominated and elected at large
from the town.
Section 3.2 Terms of Office
The terms of office for councilmen shall
be four (4.) years provided, however, that
no council man shall serve for more than'
(8) consecutive years, In the regular
municipal election to be held in 1973, the
three (3) candidates receiving the highest
number of votes shall be elected for four
year terms and the four (4) candidates
receiving the fourth, fifth, sixth, and
seventh highest number of votes shall
serve for two-year terms. In the.muni.-
cipal election to be held in 1975 and
Tentative
1b) The petition shall meet the con-
dition (d) above. 0
(c) The official ballot shall meet the
provisions 1 ," 112,11 "4," and "5" of (e)
above,
In the event the.recall election is
voted in the negative, the officer sought
to be recalled shall remain in office, and
the Town shall reimburse the officer for
any reasonable expenses incurred in the
election.
If during the recall procedures., the
officer sought to be recalled resigns
from office, the recall procedures shall
be aborted if the office is non -elective;
and shall proceed as scheduled if the office
is elective,
The Council
The Town Council shall consist of one
(1) representative from each of the election
precincts of the Town, at least three (3)
members elected at large; and a Mayor also
elected at large.
Terms of Office
If a Ward has but one representative
in Council, the term of office of that
representative shall be four years.
if a Ward has more than one representa-
tive in Council, and the current election
must provide for two or more representati s
to fill vacancies for that Ward, the candi-
date scoring the greatest number of votes
shall serve four (4) years, and all other
successful candidates shall serve two years.
y
7,
?Charter, 1972
thereafter, t�e three (3) candidates receiv-
ing the highest number of votes shall be
•elected for four-year terms and the candidate
receiving the fourth highest number of votes
shall be elected for a two-year term. If a
vacancy exists,lthose candidates receiving
the fifth, sixty, and seventh highest
number of votes, depending upon the number
of vacancies to be filled shall be elected
for two-year to ms.
.f
is
Section 3.3 Mayor
The mayor shall be elected from the
• duly elected council by a majority vote
at its first org�:nizational meeting to
be held within seven (7) days from the
election, and shall serve at the pleasure
of the council for a two-year term, The
mayor shall preside at meetings of the
council and shall" exercise such powers
-and perform such duties as are or may be
conferred upon h.�m by this Charter or by
ordinance or other applicable law. He
shall have all 0e powers, rights, and
privileges of a council member including
the right to vote; however, his vote
shall be registered after all other votes
are cast. He shall be recognized as the
head of the town government for all cere-
monial and legal purposes and he shall
execute and.authenticate legal instru-
ments requiring his signature as such
official. In the event of a vacancy in
the office of mayor, the council shall
• choose his successor.
Tentative
If the apportionment of the Town into
precincts of proportionate representation
in Council results in a Ward that is now
represented in Council by more than its
newlyallotted number of representatives,
none of the incumbent representatives shall
be removed from office, and all shall serve
the full of their elected term.
If,_ on the other hand, the apportionment
results in a Ward that is now deficient of
its allotted number of representatives, the
Council shall call a special election to
correct the deficiency, but the public meet-
ing pursuant to such election, Section 2.3,
may be omitted, and the "base date" for
such election shall be the date of passage
of the ordinance of apportionment.
Mayor
The election of the Mayor shall be an
election from candidates for Mayor running
at large in all election Wards of the Town.
Powers and Duties of the Mayor
1. The Mayor shall: serve as the head
of the people of the Town in all ceremonial
functions.
2. The Mayor shall: preside at all
meetings of the Council.
3, The Mayor shall: provide that all
ordinances are enforced as laws of the Town
in a manner that liberally construes the
intent of each ordinance as expressed in
the ordinance, The Mayor shall delegate
the administrative authority of this power
to the Town Manager if directed to do so
by the Council by a two -third resolution
with the Mayor abstaining from the resolu-
tion proceedings,
4. The Mayor shall: be the Police
Commissioner and Chief Fire Marshall. The
Mayor shall delegate the administrative
la '
Charter, 1972 Tentative
authority of these offices to the Town
Manager if directed to do so by a unani�
mous "advise and consent" resolution of
the Council with the Mayor taking full
part in the proceedings,
5. The Mayor shall: provide and main-
tain current all legal documentation of
all property real and personal, owned,
possessed, and held by the "Municipal
Corporation of the Town of Vail." The
Mayor shall delegate the administrative
authority of this duty to the Town Manager,
at the Mayor's own cognizance,
6, The Mayor shall: (a) maintain
executive control of all departments;
appoint all department heads with the
"advise and consent resolution" of the
Council; (b) appoint, suspend, transfer,
and remove any employee reporting to any
department head, subject to the personnel
regulations adopted by resolution of the w
Council. The Mayor has discretionary
authority to direct that department heads
exercise this authority in executive control
of their own departments. (c) Remove any
department head on the grounds "unsatis-
factory." The Council may grant the dismissed
officer severance pay by resolution pursuant
to existing ordinance; but the Council has
no power to countermand the dismissal. The
Mayor shall delegate the administrative
authority of any or all of these powers if
directed to do so by a resolution of the
Council with the Mayor abstaining from the
resolution proceedings.
7. The Mayor shall: issue purchase
agreements and contracts, and otherwise
disburse Town funds in accordance with the
-budget ordinance and with bidding procedures
authorized by ordinance, The Mayor shall
delegate this authority to the Town Manage -
if directed to do so by a two-thirds res*
Lion of the Council with the Mayor taking
part in the resolution proceedings,
S. The Mayor shall: recommend changes
0
•
�j
' I
y1 j
f V
4harter, 1972
Section 3.4 Mayor Pro Tem
:ryY
The mayor pros,, em shall be elected by
a majority vote df'the.council at the first
organization meeting to be held within
seven (7) days from the election and shall
serve at the pleasure of the council for a
two-year term.
In the absence or disability of the mayor,
the mayor pro tem'shall perform all duties
and have all powers of the mayor. In the
event of a vacancy in the office of mayor
pro tem, the council shall choose his
successor.
11
Tentative
in the organization of the government,
but may not implement any change without
the consent of the Council in majority
resolution of its members,
9, The Mayor shall:. enforce all terms
and conditions imposed in favor of the Town
and its people in any contract and public
franchise, —and upon knowledge of any viola-
tion thereof, seek in Council for such action
and proceedings necessary to terminate the
violation and reimburse the Town and/or the
people of any loss suffered because of the
violation,
10, The Mayor shall: exercise such
other powers and duties prescribed elsewhere
in this Charter.
The Mayor shall be elected for a term of
office of four (4) years,
In the event of a vacancy in the office
of Mayor, the Council by majority vote
shall call a special mayoral election, The
public meeting pursuant to such election,
Section 2.3 may be omitted, and the "base
date of election"' shall be the date of vacancy.
Deputy Mayor
The Deputy Mayor shall be elected by
the Council from its at large members at
the next meeting of the Council whenever
there is a vacancy in the office. The
Deputy Mayor shall serve a term of office
still remaining as an elected member of the
Council,
When the Mayor is away from Town, the
Deputy Mayor shall exercise the full power
and duties of Mayor; except the powers and
duties delegated to the Town Manager by
the Council.
Charter, 1972
Section 3.5 Powers of the Council
The Council shall be the legislative
and governing body of the town and shall
exercise,.except as otherwise provided
in this Charter, all powers conferred upon
or possessed by the town and shall adopt
such laws, or or4,inances, and resolutions
as it shall deem;'Oroper.
12
Tentative
If the disability is or may be prolonged,
the Council with the Deputy Mayor barre
from its proceedings may declare the of e
of Mayor vacant and call a special Mayoral
election, Section 3.3 above.
The Deputy Mayor shall retain all author-
ity as a member of the Council when acting
as Mayor; except that in any plenary pro-
ceedings of the Council in which the conduct
of the office of Mayor is under discussion,
the Deputy Mayor shall be barred from such
proceedings, and the Council appoint one of
its remaining members or the Municipal Judge
to preside. In all such plenary proceedings,
the actions in Council shall be by unanimous
resolution of the remaining members of the
Council.
At such plenary proceedings, the Council
may bar attendance of the public.
11
Powers and Duties of the
Council
1'. The Council shall: be the legisla-
tive body of the government of the Town.
2, The Council shall: in the name of
the "Town of Vail," dispose, assume and
manage, all trusts in any way connected with
the Town of Vail by resolution of its members.
3, The Council shall pursuant to the
perpetuation of itself as a body prescribed
in this Charter, succeed to all rights and
"liabilities, acquire all benefits, and
assume and pay all bonds, obligations and
indebtedness of the Town in the name of the
'.'Town of Vail."
4. The Council shall: at its discretion,
sue and defend, plead and be impleaded, #
all courts and places, and in all matters
and proceedings in the name of the "Town of
Vail."
5. The Council shall: at its discretion,
13
Charter, 1972 Tentative
adopt a common seal, and alter the seal
by resolution of its members.
6. The Council shall: have the sole
appointive power (to appoint and to remove)
all members of all Boards and Commissions,
to prescribe by ordinance the duties and
terms of office of such members; and the
qualifications such members must have to
hold membership.
7. The Council shall: exercise such
other powers and duties prescribed else-
where in this Charter.
Powers denied to the Council
1. The privilege of the writ of habeas
corpus shall not be suspended by the
Council.
• 2. No bill of attainder or ex post facto
law shall be passed by the Council.
3. The Council shall not levy any tax
on articles exported from the Town.
4. By Article XI of the Constitution of
the State of Colorado: Section 1. The
Council shall not lend or pledge the credit
or faith of the Town, directly or indirectly,
in any manner to, or in aid of, any person,
company or corporation, public or private,
for any amount, or for any purpose whatever;
or become responsible for any debt, contract
or liability of any person, company or cor-
poration, public or private, n or out of
the state. Section 2. The Council shall
not make any donation or grant to, or in aid
of, or become a subscriber to, or shareholder
in any corporation or company or a joint
owner with.any person, company, or corpora-
tion, public.or private, in or out of the
state, except as to such ownership as may
accrue to the Town by escheat, or by forfeit-
ure, by operation or provision of law; and
except as to such ownership as may accrue
to the Town jointly with the state, the
Charter, 1972
Section 3.6 Qualifications
Each councilman when nominated and
elected shall be a citizen of the United
States; a qualified elector of the Town
of Vail; and shall have resided in the
town or any territory thereafter annexed
for two (2) years immediately preceding
lA
Tentative
county, the school district, any person
company, or corporation, by forfeiture
sale of real estate for non-payment of
taxes., or by donation or devise for public
use, or by purchase by or on behalf of
either of them, jointly with either of
them, under execution in cases of fines,
panalties, or forfeiture of recognizance,
breach of condition of offical bond, or
of bond to secure public monies, or the
performance of any contract in which they
or either of them may be jointly or separ-
ately interested.
5, The Council may not pass any law
denying the equal protection of laws to
all citizens under the Fourteenth Amend-
ment to the United States Constitution.
6. The Council shall not pass any law
abridging the freedom of speech and peace-
ful assembly, arrest without probable
cause, interfere with the right of the
people to bear arms, conduct search and
seizure without legal warrant, deny due
process of law, demand excessive bail,
impose excessive fines, inflict cruel or
unusual punishment, and withhold from the
people any rights enumerated in the amend-
ments of the Constitution -of the 'United
States.
7. The Council shall not pass any law
on matters of statewide concern which law
is in clear opposition to general State
law, The Council shall not pass any law
that places penalties or restrictions on
any of its citizens that are penalties and
restrictions in excess of those provided.
.Qualificiations of Elected
Office
i
The Mayor and members of the Council
shall be citizens of the United States,
twenty-five years or older., qualified
electors of the Town, and shall have
been a resident at least two years prior
it
Charter, 1972
such election The council shall be the
•judge of election and qualifications of its
members.
jl
I
ul
l
i
Section 3.7 Financial Interest Prohibited
No member of.`the Council, during his
•term of office,l,shall be a salaried
employee of the'ttown, nor shall he have
any direct or indirect financial inter-
est in any contract with the town. A
"Contract" shall; for the prupos.es of
this section inblude any arrangement or
agreement..pursuant to which any.land,
material, servic'�, or other thing of -
value is to be furnished to the town
for a valuable cdnsideration to be paid
by the town or sold or transferred by
the town.
Ownership by a member of the council
or member of his family of securities
of a corporation or of any beneficial
interest in a partnership or firm with
which a contract is made shall not be .
deemed to create a financial interest
in such contract unless the aggregate
amount of such securities in a corpora-
tion or interest in such partnership
• or firm so owned by such council member
and the members of his family shall
amount to ten (10%) percent of any class
of the securities of such corporation
or ten (10%) percent ownership in such
15
Tentative
to taking office in the Town of Vail as
inclusive of any land annexed to the
Town during the said residency period.
Also, the members of the Council shall
have been resident in the Ward of their
constituency for at least one year before
taking office, and continue in residency
in the said Ward for the whole of the
member's term of office, If a member of
the Council moves out of the said Ward,
the member shall resign from office unless
the member's remaining term of office is
four months or less.
The Council shall be Judge of the
Elections, Returns, and Qualifications
of its members.
Conflict of Interest
Any person having authority to exercise
or exercising any public or government duty,
power or function and who may benefit or be
presumed to benefit financially from any
contract with the Town involving the person's
duty, power or function shall disclose that
interest to the Council. The Council, at
its discretion, by resolution or by ordin-
ance may dispose of the matter; taking the
least course as requiring the person to file
with the Municipal Clerk an oath of affirma-
tion that the public interest will be exclu-`..
sive in the person's conduct respecting the
contract. Failure to disclose this inter-
est shall make the person liable to punish-
ment in accordance with State Statutes or
with Town ordinances on conflict of interest.
Any violation of this section may make
the contract voidable by either the Mayor
or the Council. It shall be the duty of
any citizen having knowledge of such
violation'to bring forth that evidence to
the Municipal Clerk who shall take affi-
davit of that evidence and immediately
Inform the Mayor., the Deputy Mayor, or
any other member of the Council of the
existence of the affidavit. It shall be
.ti
;,Charter, 1972
,f
partnership orb form.
This prohibition shall not extend to,
nor include, minor incidental transactions
as approved by Jhe council.
Any violatio.A of this section by persons
contracting witfI the town shall render the
contract voidable by the town manager or the
council or any.citizen.
Section 3.8 Compensation
The members 4f the council shall receive
such compensation and the mayor such addi-
tional compensation as the council shall
prescribe by ordinance; provided, however,
that they shall;heither increase nor"
decrease the compensation of any member
during.,his term'of office. The mayor and
councilmen may, .Upon order of the council,
be paid their ac+,ual and necessary expenses
incurred'in the 'erformance of their duties
of office.
Section 3.9 Vacancies
A councilman shall continue to hold
his office until a successor is duly
qualified. A council seat shall become
vacant whenever any councilman is recalled,
dies, becomes incapacitated, resigns,
ceases to be a resident of the town or is
convicted of a felony. Within thirty (30)
days after a vacancy occurs, the reamin-
ing councilmen shall choose by majority
vote a duly qualified person to fill such
vacancy. He shall serve the unexpired
term so vacant until the next regular
16
Tentative
the duty'of the Mayor and/or the Council
to proceed in serious consideration of
the evidence,
Compensation
The Mayor and the members of the Council
shall receive such compensation as pre-
scribed by ordinance; provided that these
elected officers shall not have their compen-
sation increased or decreased during their
respective terms of office, Any person
having authority to exercise or exercising
any public or government duty, power or
function who incurs "out-of-pocket" expe.. s
proper to that exercise of authority for
the Town, shall be reimbursed on presenting
to the finance officer a properly signed
voucher detailing the expenses,
. The compensation given to the "elected
officers" of the Town shall not be construed
as classifying the officers as "salaried
employees" of the Town.
Vacancies
All elected officers shall continue to
hold office until a successor is duly
qualified and installed. An elective
office shall become vacant by reason of
recall, death, prolonged disability,
resignation,becoming non-resident, or
convicted a felony. The Council or Mayo,*
shall call a special election to fill a
vacancy using as the "base date" for such
an election, the date of the vacancy. The
public meeting, Section 2.3, may be omitted.
If there remains, of the vacated Council
Charter, 1972
municipal election_ If three or more vacan-
cies exist simultaneously, the remaining
councilmen shall, at the next regular meet-
ing of the council, call a special election
to fill such vacancies, provided there will
not be a regular municipal election within
ninety (90) days and provided that their
successors have not previously been elected,
Section 3.10 Oath of Office
Before entering upon the duties of his
office, every -councilman shall take, sub-
scribe before, and file with the town,clerk
an oath or affirmation that he will support
the Constitution of the United States, and
Constitution of the State of Colorado, this
Charter and the ordinances of this town and
will faithfully perform the duties of the
office.
ARTICLE IV
COUNCIL PROCEDURE
Section 4.1 Regular Meetings
The council shall meet regularly at
least twice each month at a day and hour
to be fixed by the rules of the council.
The council shall determine the rules
of procedure governing meetings. The
first meeting following each regular
muni.cipal electi.on shall be the organiza-
tional meeting of .the council as provided
for in Section 3.3 of this Charter.
17
Tentative
seat,,a term of office of one (1) year
and one (1) day or more, the vacancy shall
be filled by the electors voting at a
special election. If the term is more
than one (1) year, there shall be an el ecr
tion; if not more than one (1) year, the
Council may appoint someone to fill the
vacancy. No such special election may be
held if it is to occur ninety (90) days
before a regular municipal election, in
which event the vacancy shall be filled at
the regular election.
Oath of Office
On taking office, every elected officer
of the Town shall take, subscribe before,
and file with the Municipal Clerk an oath
of affirmation to support and uphold the
Constitution of the United States, the
Constitution of the State of Colorado,
this Charter as the Municipal Constitution
of the Town of Vail, and to faithfully
perform the duties of the office.
Regular Meetings
The Council shall meet regularly at
least twice each month at a day and hour
fixed by its rules of procedure.
At the first meeting folliwng each
regular municipal election, the Council
shall review, amend at tis discretion,
and adopt the rules of procedure to
govern its meetings by majority resolution.
Charter, 1972
Section 4.2 Special Meetings
Special meetings shall be called by the
town clerk on the written request of the
mayor or of any (2) members of the council,
or the town manager, on at least 48-hours
written notice to each member of the council,
served personally or left at his usual place
of residence and such notice shall be posted
in two (z). public places; a special meeting,
however, may be held on shorter notice if a
quorum of the council consents.
Section 4.3 Business at Special Meetings
No business shall be transacted at any
special meeting of the council unless it
has been stated in the notice of such meet-
ing. Any ordinance which may be considered
at such meeting must meet the requirements
of Section 4.11..
Section 4.4 Quorum Adjournment of Meetings
A majority of the members of the council
shall. be a quo.rum for the transaction of
business at all council "meetings, but in the
absence of a quorum, a lesser number may
adjourn any meeting to a later time or date,
and in the absence of all members, the town
clerk may adjourn any meeting for not longer
than one week.
18
Tentative
Special Meetings
A special meeting of the Council shall
be called by the Municipal Clerk on the
written request of the Mayor or of two
members of the Council with at least
fourty-eight hours advance notice to all
members of the Council. The notice shall
be served personally or shall be left at
places designated as convenient by each
member; and the notice shall be posted at
two public places.
The special meeting may be held in
shorter notice if a quorum of the Council
consents.
In the event of an extraordinary emer-
gency, presenting a clear and present
danger to the safety and health of the
people, and able members of the Council
shall meet forthwith in special session,
and remain in special session until a
decision is made on what measures are
needed to meet the emergency, 0
Pur ose of a Special Meeting
The notice of the special meeting shall
state its purpose, and no other business
shall be transacted during the special
meeting.
An Emergency Ordinance may be considered,
other ordinances may not.
Quorum
A majority of the membership of the
Council shall be a quorum necessary for
the transaction of business at any meet-
ing of the. Council.
•
Charter, 1972
Section 4.5 Meetings to the Public
All regular and special meetings of
the council shall be open to the public
and citizens shall have a reasonable
opportunity to be heard under such rules
and regulations as the council may
prescribe.
Section 4.6 Council Acts
The council shall act only by ordinance,
resolution, or motion. All legislative
. enactments shall be in the form of ordin-
ance; all other actions, except as herein
provided, may be in the form of resolu-
tions or motions, A true copy of every
resolution as hereafter adopted shall be
numbered and recorded in the official
records of the town,
19
Tentative
Meetings Open to the Public
All meetings of the Council, except as
otherwise provided in this Charter, shall
be open to the public.
At the start of the meeting, the Council
shall announce the rules and regulations
for the public's participation; except that
no rule of procedure may bar a reasonable
presentation by principal speakers on the
pro, the con, and rebuttal'on the matter
under discussion; and that no rule may bar
a person from speaking who had not given
notice to speak prior to the opening of
the meeting.
Nothing in this section shall be con-
strued as prejudicing the power of the
Council under this Charter to enact legis-
lation solely in accordance with the
di.ctates of the conscience of each member
of the Council.
Executive Sessions of the
Council
The Council may hold such executive
sessions as it may determine; and provid-
ing that no formal and legally binding
action is taken at the session; and provid-
ing that the subject of the session is
confined to the status of personnel, to
the status of Town property, and to the
status of legal actions, the Council may
exclude the public from the session.
Council Acts
All legislative acts of the Council
that are to have force of law shall be
enacted as ordinances. All statements of
policy, of intent pursuant to stated rules
of procedure, of commendation, of censure
or reprimand, -and of recommendations
respecting the observance of special days
and of public events shall be enacted by
the Council as resolutions. A resolution
Charter, 1972
Section 4.7 Voting
The vote by "yes" and "no" shall be
taken upon the passage of all ordinances
and resolutions, and entered upon the
minutes of the council proceedings.
Every ordinance shall require the affirma-
tive vote of the majority of the entire
council for final passage, except as
provided in Section 4.11. Resolutions
and motions shall require the affirma-
tive vote of a majority of the member.
present. No member of the council shall
vote on any question in which he has a
substantial personal or financial interest,
other than' the common public interest, or
on any question concerning his own conduct,
and in 'said instances the member shall
disclose this interest to the council. On
all,other questions,. each member who is
present shall vote when his name is called.
Any member refusing to vote when not so
required by this paragraph, shall be
deemed delinquent in his duties and an
affirmative vote shall be cast and recorded
in his name.
20
Tentative
made substitute for an ordinance shall be
null and void as "unconstitutional"
respected the Charter as the Municipal
Constitution of the Town." All Council
procedure in meetings pursuant to its rules
of orderly conduct of its meetings shall
be by motion. A motion shall not be made
substitute for a resolution or an ordin-
ance. If the former, the quasi -resolution
shall be ruled "out -of -order" by the
presiding officer. Any person attending the
meeting may rise to this point of order"
and request a ruling from the presiding
officer. If the latter, the quasi -ordinance
may be ruled "out -of -order," but if it is
passed, it shall be null and void as
"unconstitutional" under this Charter.
A true copy of each resolution shall be
numbered and recorded in the offical records
of the Town.
Voting in Council Meeting.
Voting in Council shall be by open,
voice vote of "yes" or "no."
If by reason of conflict -of -interest,
vacancy, absence, and abstention the vote
is no greater than three (3), the tally of
votes shall be suspended; and the measure
tabled, until later date if necessary,
until absent members are compelled to appear
(if able), abstaining voters are enjoined
to vote or have their vote cast as affir-
mative, and the Council accepts the oath,
Section 3.7, taken by a member in "conflict -
of -interest," as sufficient to allow the
member to vote.
All members of the Council shall serve
in equal privelege and distinction as mem ers
representing their particular constituen s.
The Mayor shall vote last on any measure.
In the event that the Mayor's vote effects
a tie; a motion from the "floor" of the
Council to sustain the vote of the Mayor;
if carried, decides the motion in favor of
the Mayor's vote; if the sustaining motion
is defeated, the motion is decided in the
reverse of the Mayor's vote,
i
4
`i
i Charter, 1972
41
Tentative
A majority affirmative vote of all
members present shall be sufficient for
passage of a measure unless otherwise
provided in this Charter.
The public, taking part in "public
�• participation" in open meetings of the
} Council, shall have no;vote in such meet-
ings.
Section 4.8 Action by Ordinance Required Delete this Section
In addition to such acts of the
council as are vequired by, other pro-
visions`.of thisCharter to be by ordin-
ance, every act'.making an appropriation,
creating an indebtedness, authorizing
borrowing of money, levying a tax, estab-
lishing any rule or regulation for the
violation of which a penalty is imposed,
or placing any • burden upon or limiting the use of privazte property, shall be
by ordinance. O dinances making appro-
priations shall,be confined to the subject
of appropriation,
f l'
Section 4.9 Forms of Ordinance
Every ordinance shall be introducted
in written or pr3;nted form. The enacting
clause of all ord'ihances shall be: BE IT
ORDAINED.. BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO. Except as otherwise
provided in this article, all ordinances
shall take effect five (5) days after
publication following final passage.
Every ordinance introduced shall be deemed
to contain a severability clause, whether
stated therein or not,
Section 4.10 Procedure
Except for emergency ordinances, ordin-
ances making general codification of exist,
ing ordinances, and ordinances adopting
standard codes with or without amendment,
the following procedure for enactment of
(Reason. These powers of the Council
are included elsewhere in this Charter.)
However, this Section may be included
as added emphasis.
The Ordinance, its Parts,
and How it is made Law,
An ordinance (other than an emergency
ordinance) becomes law only if it contains
all of the following essential parts, and
only if it is adopted in accordance with
the following essential procedures:
1. An essential part of any ordinance
is its PREAMBLE: a statement of the intent
of the ordinance at the time of its framing;
and a statement which, as those persons
having authority to issue and do issue from
time-to,time regulations pursuant.to the
enforcement of the provisions of the ordin-
ance, shall be construed as monitor of such
regulations and as authority of the Council
to direct that a regulation be modified or
rescinded.
2. An essential part of any ordinance
is the statement of the NEED for the
Charter, 1972
ordinances shAI be followed:
(a) The ordinance shall be introduced
at any regular meeting of the council by
any member therlof.
(b) The ordnance shall be.read in full
or, in cases wh're copies of the ordinance
are available T the public, said ordinance
may be read by .title only.
(c) After 4 e first reading of the
ordinance, the same shall be approved with
or without amendment or rejected by a vote
of the council.
(d) .If the ordinance is approved on first
reading, it shall be published once in full
unless otherwise.,provided herein. The council
shall set a dayi-hour, and place at which
council shall held a public hearing on the
ordinance an.d notice of said day,, hour, and
place shall be fn cluded in the first pub-
lication.;.
(d) The ordinance shall be introduced
at council a second time, at a meeting not
earlier than seven (7) days after first pub-
lication, for final approval, rejection,
or other action.as may be taken by vote of
the council.
(f) Except as' otherwise provided herein,
an ordinance, ifyarmended subsequent to its
last publication`; shall be published in full
after final passage; but if not amended, it
shall be published either by title or in full
as the council may determine.
(g) Whenever an.ordinance shall be pub-
lished by reference or'by title, the publi-
cation shall contain a summary of the sub-
ject matter of said ordinance and shall
contain a notice to the public that copies
of the proposed ordinance are available at
the office of the town clerk. The pub-
lication of any ordinance by reference or by
title as provided herein must set forth in
full any penalty clause contained in said
ordinance.
22
Tentative
ordinance. Each reason stated as NEED
shall be supported with a statement of
full disclosure of the probable benefit
and costs to the Town of implementing
the NEED by the provisions of the ordin-
ance. The NEED to provide for the safety,
to safeguard the health, and to promote
the general welfare of the people are
insufficient reasons unless each is
supported by a statement showing how such
NEED is fulfilled by the provisions of
the ordinance.
3. All provisions of any ordinance that
are to have force of law shall be introduced
in the ordinance by the following enabling
phrase: BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO.
4. An essential part of any ordinance
that establishes a rule or regulation for
the violation of which a penalty is imposed
is its PENALTY CLAUSE.
5. An ordinance may be introduced by
the Mayor, by any member of the Council,
or by a petition signed by five (5) quali-
fied electors of the Town in printed form
or in written form.
6. The Council, at a regular or a
special meeting, may place the ordinance on
its Calendar for "First -reading considera-
tion" in regular meeting; or the Council
may, place it on its Calendar for considera-
tion and what disposition it may find advis-
able,
1. At "first -reading consideration" the
ordinance shall be introduced, preferably
by its sponsor, read in full, or in summary
of its essential parts: its INTENT in
Preamble, its NEED and the provisions to
meet the need, inclusive of the probable
benefits and cost of implementing the prr�
visions, -and the full of the VIOLATIONS
and PENALTY Clause, if any. Any person
present may request, during the discussion,
that parts of the ordinance be re -read in
full in order to clarify a point in the
discussion. The public participation shall
be conducted as provided in Section 4.5.
8. If, in "first -reading consideration,"
y
r;
Charter, 1972
�r.
0
23
Tentative
the ordinance is approved by the Council,
it shall be published at least once in
full, inclusive of amendments, if any, and
the publication shall include a public
notice of a public meeting to be held at a
date, hour, and place designated by the
Council. The business of the meeting shall
be announced as part of the public notice
and may include matters besides that of
the ordinance if feasible.
Notice of the time, place, and the pur-
pose of the public meeting shall be pub-
lished at least once, and at least seven
17) days prior to the meeting.
In the event that the meeting becomes
prolonged, it shall be continued without
adjournment to a later date; and the
Council may not convene in consideration
of the matters under discussion at the
meeting during the hiatus of the public
meeting.
9. The Mayor, Deputy Mayor, or any
member of the Council designated by the
Council shall preside at the public meeting.
.The meeting shall be conducted in the manner
provided in Section 4.5 for the "public
participation;" except that the rules of
procedure, announced by the presiding
officer., may be amended "from -the -floor,"
with such limitations on the rules as
provided in Section 4.5. The Council shall
not convene itself into meeting at and during
the public meeting. The public meeting
cannot arrogate to itself the legislative
power conferred to the Council by this
Charter, It can, if it sees fit, end its
meeting with a statement of consensus,
which the Council shall make due note in
its deliberations.
10, The -Council, at a regular meeting
following the adjournment of the public
meeting, may place the ordinance on its
Calendar for_ "second -reading consideration."
11, At "second -reading consideration" the
ordinance shall be introduced, read, and
considered in the manner provided by para-
graph 7,-above,
12. If, in "second -reading consideration,"
Charter, 1972
Section 4.11 Emergency Ordinance
Emergency ordinances for the preserva-
tion of public property, health, welfare,
peace, or safety, shall be approved only
by the unanimous vote of councilmen present
or a vote of five ,(5) councilmen whichever
is less.. The facts showing such urgency
and need shall be specifically stated in
the measure itself. No ordinance making
a grant of any special privilege, levy-
ing taxes, or fixing rates charged by any
town -owned utility shall be passed as an
emergency measure. An emergency ordinance
shall require passage at one (1) meeting
of council. However, neither a public
hearing nor a first publication as provided
in Section 4.10 shall be required, An
emergency ordinance shall take effect upon
final passage. One publication shall be
required within ten (10) days after pass-
age, or as soon thereafter as possible.
Section 4.12 Codification
The council shall cause the ordinances
to be codified and thereafter maintained
in current form. Revisions to the codes
may be accomplished by reference as pro-
vided in Section 4.13.
Section 4,13 Codes
Standard codes, promulgated by the
Federal Government, the State of Colo-
rado, or by any agency of either of them,
or by any municipality within the State of
Colorado, or by recognized trade or pro-
fessional organizations, or amendments or
revisions thereof, may be adopted with or
without amendment by reference; provided
24
Tentative
the ordinance is approved by the Council
the ordinance shall be considered as pas*
as law.
Emergency Ordinance
In the event that the Council must act
in emergency because of a clear and present
danger to property, to health, and to
safety of the people, the Council may pass
an Emergency Ordinance in public proclama-
tion of the danger and the measures deemed
necessary by the Council to meet the danger.
The Emergency Ordinance shall become law
only by the unanimous approval of the members
of the Council assembled in emergency session
or in direct communication with each other.
The Mayor or some other elected officer of
the Tbwn may be given authority to coordi e
and direct the public on the actions necetry
to meet the danger.
No event respecting the collection of
revenue by the Town, nor procedure pursuant to
a desired intent by the Council that is not
an intent meeting a clear and present danger
shall be deemed an emergency.
Codes of Law
.'• The Mayor shall have all ordinances
organized into codes of law; each code, a
specific subject of general municipal law,
having its own statements of INTENT, of
NEED, and of PENALTY CLAUSE, if any.
Ordinances Adopting Ready •
Made Codes,
In accition to the simplification and
efficiency that the coordination of ordinances
into comprehensive wholes will bring about
to the administration of the Town, the Mayor
can use the coding as providing the informa-
tion on whether new ordinances are needed,
whether existing ordinances have outlived
1,
I Y
Charter, I972
the publication of the ordinance adopting
any said code shall advise that copies and
amendments are available for inspection at
the office of the town clerk, and provided
that any penalty clause in any code may be
adopted only if,,set in full and published
in the adopting; ordinance.
Section 4,14 Disposition of Ordinances
A true copy of every ordinance, as
adopted by council, shall be numbered
and recorded in the official records of
the town. Its adoption and publication
shall be authenticated by the signature
of the mayor, or the mayor pro tem, and
Tentative
their NEED and their INTENT; whether exist-
ing ordinances overlap, conflict, or are
but superficial, and whether the penalty
clauses are inconsistent or unreasonable.
In discharge of this duty, the Mayor
or the Town Manager may introduce to
Council ordinances repealing or amending
existing ordinances, or new ordinances
modeled from standard codes promulgated
by the Federal Government, by the State of
Colorado, by Federal or State agencies, by
any municipality within the State of Colo-
rado, or by any trade or professional organ-
ization. Such adopting ordinance shall be
written in full as an ordinance of the Town
of Vail, and no part of it shall obtain
authorization from its model "by reference"
to the standard code used as model --the
PREAMBLE to the adopting ordinance may
name the standard code from which it is
modeled.
If any new ordinance is an ordinance.
amending or repealing an existing ordinance,
the new ordinance shall amend or repeal, as
the case may be, the section of the Town's
Code of Law in which the affected existing
ordinance is incorporated in Code.
The adoption in this Charter, Section
2,1 of the "Colorado Municipal Election of
1965" is exempted from the provisions of
this section. The Mayor may incorporate
this State Code into the Town's Code for
convenience' to the Election Commission and
other officials.
The administrative responsibilities of
these powers over the Code shall be dele-
gated to the Town Manager in a majority
resolution of the Council.
Official Records of all
Ordinances
A copy, authenticated as adopted in
full and as published in that same fullness
in accordance with the provisions of this
Charter by the Municipal Clerk of the Town,
shall be numbered and recorded in the
Charter, 1972
(b) Referendum. The electors of the
town shall have the power to require recon-
sideration by the council of any ordinance
and, if the council fails to repeal an ordin-
ance so reconsidered, to approve or reject it
at a town election, in accordance with the
provisions of this article of this Charter;
provided that such power shall not extend
to the budget, capital program, appropria-
tion of any revenues, levy of taxes, call-
ing a special election, or authorizing the
issuance of local government district bonds
payable primarily from special assessments,
levying special assessments, or ordinance
to meet the contractual obligations of the
otnw.
• Section 5.2 Commencement of Proceedings; .
Petitioners' Committee;
Affidavit
Any five (5) electors may commence
initiative or referendum proceedings by
filing with the town clerk an affidavit
stating they will constitute the peti-
tioners' committee and be responsible
for circulating the petition and filing
it in proper form, stating their names
and addresses and specifying the address
to which all notices to the committee
are to be sent, the setting out in full
the proposed initiative ordinance or
citing the ordinance sought to be
reconsidered.
Promptly after the affidavit of the
petitioners' committee is filed, the
clerk shall issue the appropriate peti-
tion blanks to the petitioners' committee.
Section 5.3 Petitions
(a) Number of signatures, Initiative
petitions must be signed by electors of the
town in number to at least fifteen (15)
percent of the total number of electors
27
Tentative
ordinance still under consideration by
the Council, or on an ordinance duly
enacted by the Council, the Council may
abort further consideration of the ordin-
ance not yet passed or the Council by
resolution may suspend the enforcement of
the ordinance duly enacted pending the
outcome of the initiative.
Referendum
The Council, during its deliberations on
any measure may terminate further considera-
tion or may defer the date on which the
measure is to become effective; and instead
refer the.measure to a vote by the people,
In such event, the Council by resolution
shall.call a special referendum election in
which the measure is to be submitted to
the vote of all qualified electors.
Delete this Section.
(Reasons. The initiative procedure, belong-
ing solely to the people is confused with
the referendum process belonging solely to
the Council. The section implies that
government officials may conduct the petition
process. The petition is solely a power
reserved to the people.)
Sufficiency of a Petition
Any petition that appears to be signed by
the requisite number of signers, -in ink
or indelible pencil, with each signature
dated, and bearing the address of the
Charter, 1972
registered to vote at the last regular
municipal election. Referendum petitions
must be signed by electors of the town
equal in number to at least (10)percent
of the total number of electors registered
to vote at the last regular municipal
election.
(b) Form and Content. All pages of a
petition shall be uniform in size and
style and 'shall be assembled as one instru-
ment for filing. Each signature shall be
executed in ink or indelible pencil and
shall be followed by the address of the
person signing. Petitions shall contain
or have attached thereto throughout,their
circulation the full text of the ordin-
ance proposed or sought to be'reconsidered.
(c) Affidavit of Circulator. Each
page of a petition shall have attached to
it when filed an affidavit executed by the
circulator thereof stating that he person-
ally circulated the petition, the number
of signatures thereon, that all signatures
were affixed in his presence, that he
believes them to be the genuine signatures
of the persons whose names they purport
to be and that --each signer had an oppor�
tunity before signing to read the full
text of the ordinance proposed or sought
to be reconsidered.
(d) Time for Filing Referendum Petition.
Referendum petitions must be filed within
thirty (30) days after adoption by the
council of the ordinance sought to be
reconsidered.
Section 5.4 Procedure after Filing
(a) Certificate of Clerk. Amendment.
Within ten (10) days after the petition
is filed, the town clerk shall complete
a certificate as to its sufficiency,
specifying, if it is insufficient, the
particulars wherein it is defective and
shall promptly send a copy of the certi-
ficate to the petitioners' committee
by registered mail. A petition certified
insufficient for lack of the required
number of valid signatures may be amended
28
Tentative
person signing shall be deemed and held
to be sufficient; and the signers shall
deemed and held to be qualified electors*
provided:
1, Among the qualifying petitioners
none has signed at a date more than one
hundred and eighty days prior to the date
of filing the petition with the Municipal
Clerk.
2. Each sheet of signatures does bear
upon it or does have attached thereto a
full and accurate copy of the title and
text of the petition, and an affidavit of
the circulator, being the circulator,
attests to the number of signers on the
sheet, --attest to the fact that the signa
tures were affixed as genuine in the cir-
culators presence, and attests to the fact
that each signer had an opportunity before
signing to read the full text of the peti-
tion. 0
3. Promptly on filing, the Municipal
Clerk shall determine that the roster of
petitioners does include the requisite
number qualified as provided above, shall
deem and hold the petition as sufficient,
and shall promptly inform the Mayor or
the Council of the date of sufficiency
as provided in Section 2.3.
Once filed, the signers become the
sufficiency roster of the petition, and
the Municipal Clerk shall not cause removal
of any name from the roster; even if a
signer requests the removal or any person
protests the qualifications of a signer.
Insufficiencie of a Petition
In the event that protests raise the
question of sufficiency of the requisite
number of qualified petitioners, but do
not allege perjury in any circulator's
affidavit, the petition shall remain
sufficient pending the action of the
person or persons named in the petition
as representing the roster of signers in
presenting evidence to the Municipal Clerk,
or presenting enough additional signers to
meet sufficiency; providing the additional
Charter, 1972
once if the petitioners' committee
files a notice of intention to amend
it with the clerk within two (2) days
after receiving the copy of his certi-
ficate and files a supplementary peti-
tion upon additional forms within ten
(10) days after receiving the copy of
such certificate. Such supplementary
petition shall comply with the require-
ments of subsections (b) and (c) of
Section 5.3, and within five (5) days
after it is filed the clerk shall
complete a certificate as to the
...sufficiency of.the petition as amended
and promptly send a copy of such certi-
ficate to the petitioners' committee by
registered mail as in the case of the
original petition. If a petition or
amended petition is certified sufficient,
or if a petition or amended petition is
certified insufficient and the peti-
tioners' committee does not elect to
amend or request council review under
• subsection (b) of the section within
the time required, the clerk shall
promptly present his certificate to
the council, and the certificate shall
be a final determination as to the
sufficiency of the petition....,
(b) Council Review. If a petition
has been certified insufficient and
the petitioners' committee does not
file notice of intention to amend it
or if an amended petition has been
certified insufficient, the committee
may within two (2) days after receiv,
ing the copy of such certificate, file
a request that it be reviewed by the
council. The council shall review the
certificate at the next meeting follow-
ing the -filing of such request and_
approve or disapprove' it, and the
council's determination shall then be
a final determination as to the
Sufficiency of the petition.
(c) Court Review, New Petition,
A final determination as to the insuffi-
ciency of a petition shall be subject
to court review. A final determination
of insufficiency, even if it is sustained
upon court review, shall not prejudice
29
Tentative
names are presented no later than
ten (10) days preceeding the date of
the petition election.
If the protests allege perjury, the
Muncicipal Clerk without delay shall hold
a summary hearing, shall inform the repre-
sentatives of the petitioners that the
hearing will be held and provide them with
a copy of the protest, and shall require
sworn testimony at the hearing.
In the event that the hearing cannot
be completed prior to ten (10) days pre-
ceeding the date of the petition election,
the hearing shall be aborted. If the hear-
ing is completed in time, and the findings
are that perjury seems evident, all evi-
dence shall be presented to the Town
Attorney, and the roster may be purged of
all names affected by the findings.
If on the date ten (10) days proceed-
ing the date of the petition election, the
petitioners' representatives have not yet
acted to remove the question of an insuffi-
cient number of signers, the Municipal Clerk
may either cancel or permit the election to
proceed as scheduled. If cancelled, the
findings as to insufficiency may be reviewed
by the Municipal Court upon application of
the person or of a majority of the persons
named in the petition as representing the
signers.
New Petition
A final determination of insufficiency,
even if sustained upon court review, shall
not prejudice the filing of a new petition
for the same purpose,
Charter, 1972
the filing of,1a new petition for the
same purpose.
Sec
wit
sou
sus
sus
of
d ra
or
of
I
tion 5.5 Referendum Petitions;
Su$pension of Effect of
O inance.
When a referendum petition is filed
h the town d)erk, the ordinance
ght to be r& onsidered shall be
pended from taking effect. Such
pension shall terminate when:
1. There is�;a final determination
insufficiency of the petition, or
2. The petitioners' committee with-
ws the petitj'on, or
3, The council repeals the ordinance,
4. Certifica`l[tion of a favorable vote
the town on the ordinance.
5. Emergencr, ordinances shall con-
tinue in effect.unless the majority of .
the council votes to suspend the
ordinance pending. the election.
Tentative
0
Petitioners' Representatives
The person or persons named in the
petition as representatives of the signers
shall be accepted by the governing authori-
ties as:
1. Having the authority to bring forth
any signer or to be surrogate for any
signer and provide evidence of the date
of signing, the address of the signer, and
the qualifications of the signer as a
qualified elector of the Town.
2. Providing additional signers if the
roster has been purged below the requisite
number of signers.
3. Giving consent to the text of the•
ballot question that is to appear on the
official. ballot; and to provide names of
persons willing to serve as Election Judges.
4, As representing the petitioners
in any court review of insuffficiency.
Also, if the purpose of the initiative
demands repeal of an existing ordinance, or
modification of a proposed ordinance; and
if the text of the purpose makes clear that,
in the event the Council does repeal the
existing ordinance, or does pass the
proposed ordinance in substantially the
text requested in the petition; then the
petitioners' representatives may by majority
vote withdraw the initiative no later than
ten (10) days prior to the scheduled date
of the election, and thereby remove the
initiative question from the ballot.
Such a provision in the petition shall
be strictly.construed. The petition, itself,
shall be liberally construed so that the
election may proceed without interruption
to its conclusion.
0
Charter, 1972
Section 5.6 Action on Petitions
(a) .Action by Council. When an
initiative or referendum petition has
been finally determined sufficient
the council shall promptly consider
the proposed initiative ordinance in
the manner provided in Article IV or
reconsider the referred ordinance by
•voting its repeal; provided, however,
that the council shall have power to
change the detailed language of any
proposed initiative ordinance and to
affix the title thereto, so long as
the general character of the measure
will not be substantially altered;
and provided further, that repeal
of any referred ordinance may be
effected only by a three -fourths
majority vote of the entire council.
(b) Submission to Voters. The
vote of the town on a proposed or
referred ordinance shall be held not
less than thirty (30) days and not
later than ninety (90) days from
the date of the final council vote
thereon. If no regular town election
is to be held within the period
prescribed in this subsection, the
council shall provide for a special
election ; otherwise, the vote shall
be held at the same time as such
regular election, except that the
council may at its discretion pro—
vide for a special election at an
earlier date within the prescribed
period. Copies of the proposed or
referred ordinance shall be made
available to the public within a
reasonable time before the election
31
Tentative
Initiative Respecting An
Emergency Ordinance
In the event that an emergency
ordinance is continued in effect after
the danger that had to be met has passed;
and the Council has not acted to repeal
the ordinance by passing an Emergency
Ordinance of Repeal, the people may
initiate such a repeal
0elete Section 5.6
(Reasons: The reasons for deleting Section
5.2 apply equally here.)
Charter, 1972
and also at the polls at the time of
the election.
(c) Withdrawal of Petitions. An
initiative of referendum petition may
be withdrawn at any time prior to the
thirtieth (30th) day preceding the day
scheduled for a vote of the town by
filing with the town clerk a request
for withdrawal signed by a majority of
the petitioners' committee. With the
consent of the majority of the council
and upon the filing of such request,
the petition shall have no further
force or effect and all proceedings
thereon shall be terminated.
Section 5.7 Submission by Council
The council on its own motion shall
have the power to submit at a regular
or special election any proposed
ordinance or any question to a vote
of the registered electors,
32
Tentative
Is
(The substance of this Section appears
on page ),_ f
6
Y
i C'barter, 1972
r`
. Section 5.8 Results of Election
(a) Initiative. If a majority of
the registered lectors voting on a
proposed initia'rtive ordinance vote
in its favor, it shall be considered
adopted upon certification of the
election results. If conflicting
ordinances are;.}approved at the same
election, the one receiving the
greatest number" of affirmative votes
shall prevail .to the extent of such
conflict.
(b) Referendum. If a majority
of the registered electors voting on
a referred ordinance vote against it,
•it.shall be considered repealed upon
certification of the election results,
(c) An ordinance adopted by the
•electorate may riot be amended or
repealed for a O riod of six (6)
months after tho date of the elec-
tion at which it was adopted, -and
an ordinance repealed by the elec-
torate may not,be re-enacted for a
period of six (6) months after the
date of the election at which it
was repealed; provided, however, -
that any ordinance may be adopted
or repealed at spy time by appro-
priate referend'u6, or initiative
procedure in accordance with the
foregoing provisions of this
Article, or, if submitted to the
electorate by the council on its
own motion.
ARTICLE VI
0 TOWN ADMINISTRATION
6.1 Town Manager
The town manager shall be the chief
executive and administrative officer of
the town. As such he shall possess,
have, and exercise all the executive
powers and administrative powers vested
33
Tentative
Results of the Initiative or
Referendum Election
The results of any election by the
people have force of law.
If measures having conflicting pro-
visions are approved at the same election,
the measure approved by the greater number
of votes shall prevail to the extent of
such conflict.
A measure adopted by the electorate may
not be amended or repealed by action of
the Council; except that the measure may
be submitted by the Council for reconsider-
ation by the electorate at a referendum
election to be held no sooner than two
(2) years after the adoption.
A measure rejected by the electorate
may not be adopted by action of the Council;
except that the measure may be resubmitted
for consideration of the electorate at a
referendum election no sooner than one (1)
year after the rejection.
Town Manager
The Council by a majority vote, shall
appoint a Town Manager within six (6)
months whenever a vacancy exists in such
position. Such appointment shall be
without definite term and shall be at a
Charter, 1972
in the town. The council by a majority
vote, shall appoint a town manager with-
in six (6) months whenever a vacancy
exists in such.position. Such appoint-
ment shall be without definite term and
shall be at a salary to be fixed from
time to time by the council. The manager
shall be appointed without regard to any
consideration other than his fitness,
competency, training and.experience in
professional urban administration. At
the time of his appointment, he need not
be a resident of the town or state. No
member of the council shall be appointed a
manager:` during the term for which he shall
have been elected, nor within two (2)
years after the expiration of his term of
office.
The council, at a regular or special
meeting, may, upon the vote of a majority,
of the entire council, remove the town
manager from office. Upon such term-
ination, the council may in its dis-
cretion provide termination pay, If
removed at any time after six (6) months
service, the town manager may demand
charges and a public hearing before the
council and these shall be granted to
him prior to his final removal. Pending
such hearing, the council may suspend
him from office.
Section 6.2 Acting Town Manager
To perform his duties during his tempo-
rary absence or disability, the town
manager shall designate by letter filed
with the town clerk, a qualified admini-
strative'town employee who shall'.serve as
acting manager. In the event of the
failure of -the manager to make such a
designation, the council may appoint a
qualified town employee to perform the
duties of the manager, Such acting
town manager shall, while he is in such
office, have all responsibilities, duites,
functions, and authority of the town
manager, No member of the council shall
be appointed acting town manager during
the term for which he shall have been
elected, nor within two (2) years there-
after.
34
Tentative
salary to be fixed from time to time by
the Council. The Manager shall be appoi �d
without regard to any consideration otheo
than fitness, competency., training and
experience in professional urban admini-
stration, At the time of appointment, the
Manager need not be a resident of the Town
or State, No member of the Council shall
be appointed Manager during the term for
which he shall have been elected, nor
within two (2) years after the expiration
of that term of office.
. The Council, at a regular or special
meeting, may, upon the vote of a majority
of the entire Council, remove the Town
Manager from office. Upon such term-
ination, the Council may in its dis-
cretion provide termination pay. If
removed at any time after six (6) months
service, the Town Manager may demand
charges and a public hearing before the
Council and these shall be granted prior
to final removal. Pending such hearing, WF
the Council may suspend the manager from
office.
Acting Town Manager
The Council may appoint an acting Town
Manager to perform the duties of Manager
in the event of a vacancy, absence or
Inability of the Manager to perform the
duties of Manager. Such acting Town Manager
shall,. while he is in such office, have
all responsibilities, duties, functions,
and authority of the Town Manager, No
member of the Council shall be appointed
acting Town Manager during the term for which
he shall have been elected, nor within two
(2) years thereafter.
1 �
Y
:Y
Charter, 1972
• Section 6.3 Powers and Duties
The manager shall be responsible to
the council for;,the proper administra-
tion of all affairs of the town placed
in his charge, 'and to that end he shall
have the power and duties and be required
to: (a) Be responsible for the enforce-
ment of the laws and ordinances of the
town, (b) Hire,'Esuspend, transfer and
remove town employees; (c) Make appoint-
ments on the basis of executive and
administrative ability and of the train-
ing and experience of such appointees in
the work they are to perform; (d) Cause
a proposed budget to be prepared annually
and submit to the council and be respon-
sible for the administration of the budget
after its adoption; (e) Prepare and sub-
mit to the council as of the end of the
fiscal year a complete report on finances
• and administrative activities of the
town for the pre�e_ding year and, upon
request of the council, make written
or verbal reports at any time concern-
ing the affairs of the town under his
supervision; (f)! ;Keep the council
advised of the financial condition
and future needs`"df the town and make
such recommendations to the council
for adoption as h� may deem necessary
or expedient; (g,.Y'jExercise supervision
and control overall executive and
administrative departments, and
recommend to the council any proposal
he thinks advisable to establish,
consolidate or abolish administrative
departments; (h) Be responsible for
the enforcement of all terms and condi-
tions imposed in favor of the town in
any contract or public utility franchise,
and upon knowledge of any violation
•thereof, report the same to council
for such action and proceedings as
may be necessary to enforce the same;.
W Attend council meetings and parti-
cipate in discussions with the council
in an advisory capacity; (j) Establish
a system of accounting and auditing
for the town which shall reflect, in
accordance with generally accepted
accounting principles, the financial
condition and financial operation of
Tentative
Delete Section 6.3
(Reasons. The Manager shall be respon-
sible to the Mayor and the Council for
the proper administration of the powers
and duties delegated by the Council as
elsewhere provided in this Charter.)
I,
i
fd arter, 1972
the town; (Q) Provide for engineering,
architectural.; maintenance, and con-
struction services required by the town;
(1) Serve in ex;officio capacity on
all present and future boards, committees,
and commissionslof the town; (m) Perform
other such dutios as may be prescribed
by the Charter; or by ordinance or by
other applicably law, or required of him
by council, whi h are not inconsistent
with this Chart r.
Section 6.4 Relationship of Council to
Administrative Service
Neither the council, its members, the
mayor, nor any council committee shall
dictate the appointment of any person to
office by the town manager except as
otherwise provided in this Charter or in
any `way interfere with the town manager
or other town officer to prevent him from
exercising his lufdgment in the appointment
or employment oi;'`officers and employees
in the administrative service. Except
for the purpose :of inquiry, the council
and its members,"the mayor, and any
council committee shall deal with'the
administrative s,ervice'solely through
the town manager and neither the'council,
its members, the';mayor, nor any council
committee thereof shall give orders to
any of the subordinates of the town
manager.
Section 6.5 Town Clerk
The town manager shall appoint a
town clerk, who shall be the custodian
of the town seal and who shall keep a
journal of council proceedings and
record in full all ordinances, motions
and resolutions. He shall have the
power to administer oaths and take
36
Tentative
•
Relationship of Council to
Administrative Service
Neither the Council, nor any Council
Committee shall dictate the apointment
of any person to office by the Town
Manager except as otherwise provided in
this Charter or in any way interfere
with the Town Manager or other Town offi r
to prevent him from exercising his judgW
ment in the appointment or employment of
officers and employees in the administra-
tive service. Except for the purpose
of inquiry, the Council and its members,
the Mayor, and any Council Committee
shall deal with the administrative service
solely through the Town Manager and neither
the Council, its members, the Mayor, nor
any Council Committee thereof shall give
orders to any of the subordinates of the
Town Manager,
The Council, by resolution, shall require
the Town Manager to conduct the administra-
tion of the government in accordance with
such policy as the Council may determine.
Such policy shall be made public as part
of the budget message and at any other time
or times the Council sees fit.
Municipal Clerk
The Council has the power to appoint
a Municipal Clerk to serve an indefinite
term of office, and at such compensation
as the Council may determine at the
beginning of each fiscal year. The
Council has the power to remove the
Municipal Clerk from office.
Charter, 1972
acknowledgements under seal of the
town, and shall perform such other
•duties as required by this Charter.,
the council, or the manager.
It
Section 6,6 Departments Created
The administrative functions of the
town shall be performed by the depart-.
ments existing at the time this Charter
is adopted and such other departments,
as may be hereafter established by ordin-
ance.' The council may by ordinance,
consolidate or merge any of the said
departments, whether set forth by this
• Charter or� created by ordinance.
37
Tentative
The power and duties of the Municipal
Clerk shall be:
1, As Clerk of the Council, attend
all Council meetings, keep permanent
journal of such meetings, --and be prepared
to read from such journal the minutes of
any preceding meeting.
2, As custodian of the Town Seal, sign
and then affix the Seal as attesting that
all resolutions, all ordinances, all other
documents and instruments requiring the
seal are true copies or are the originals as
signed by the proper governing officials.
3,, As custodian of all papers, docu-
ments and records pertaining to the Town,
to provide for the maintenance of all such
files., -to maintain a journal of the location
of such files, and to provide for the public
scrutiny of all such files.
4, As liaison officer attesting to the
perpetual succession of the Municipal Cor-
poration of the Town of Vail, to administer
oaths of office, -'and other oaths as speci-
fied in this Charter.
5, As Municipal Clerk,` to have such
other powers as prescribed in this Charter,
and to perform such other duties as prescribed
by the Council and by this Charter.
Departments of Government
The directing officers of all Boards,
Commissions, and Departments of government
necessary to the administration of Town
affairs shall be designated as Department
Heads or Assistant Department Heads unless
otherwise provided in this Charter. Depend-
ent on the Mayor's organizational procedures,
there shall be the following functional
departments of government,
The Mayor shall delegate the administra-
tive powers of these duties to the Town
Manager if directed to do so by a majority
resolution of the Council.
1, Department of Streets .(their repair
Charter, 1972
38
Tentative
and cleansing of all impediments to their
proper use), Public Buildings (their mai�
tenance and use), -Transportation, and Ge►,
eral Maintenance (of all equipment needed
by this department and all other depart-
ments of the Town).
2, Department of Public Safety.
3, Comptroller and Treasurer (responsi-
ble for the preparation of the fiscal budget,
the manner of certifying all Town income,
the depositing of said income in a place
having the consent of the Council, and the
disbursement of Town funds in accordance with
vouchers duly crediting the proper budget
account, and having the authority to refuse
any disbursement not provided by the adopted
budget or by an ordinance of special appro-
priation passed by the Council).
4. Department of Data Processing (respon-
sible for coordinating and providing all
computer services essential to the admini
stration of the affairs of the Town, and
inclusive of the service of supplying copies
of Town records at the request of the Muni-
cipal Clerk in behalf of any citizen request-
ing such records).
5, Finance [responsible for the funding
of projects that can be retired within the
immediate budget year, or that can be retired
at accelerated rate over a period of years;
and that can be financed by the issuance of
bands; of anticipation warrants, of short
term notes; and of other securities attest-
ing to the Towns obligation of repayment;
and responsible to report, in full disclosure,
on the Towns debt structure as part of the
budget process and whenever it is proposed
that the debt be increased or refinanced).
6, Department of Community Development
[responsible for the Zoning and Building
Planning, the Health and Environmental ref
ulations that implement the Master Plan of
Community Development, and responsible for
the Library, the recreational, and the Youth
Service facilities).
7, Judicial (The Municipal Court Judges,
the Town Attorney and Prosecutor).
V
:y Charter, 1972
0
Section 6.7 Bonding of Employees
All town officials and employees
dealing directlywith municipal funds
shall post bond in an amount and under
*such conditions Os required by council,
and at the expen�e of the town.
is
ARfi CLE V I I
LEGAL. AND JUDICIARY
Section 7.1 Town Attorney
The council shall appoint a town
attorney to serve at the pleasure of
the council', He shall be an attorney
at -law admitted to practice in Colorado,
The town attorney shall be the legal
epresentative of the town and he shall
dvise the council and town officials
in matters relating to their official
powers and duties and perform such
other duties as the council may pre-
scribe by ordinance or resolution. The
council may provide the town attorney
such assistants as the council may deem
necessary, and may upon its own motion
or upon request of the town attorney in
39
Tentative
8, Board of Adjustment and Appeals
(responsible to hear and determine appeals
and grievances respecting the Zoning and
Building Planning, the Health, and the
Environmental regulations as they are
applied in actual cases; and to initiate
changes in the Master Plan of Community
Development and .changes in the implement-
ing regulations that reflect the Board's
and the public's constructive criticism).
(Any determination by the Board may be
appealed to the Council, and any determination
by the Council may be subjected to judicial
review,)
9. Liquor Board,
Fidelity Bonds
Before any officer or employee of the
Town, whose duty will include the handling
of Town funds, may be permitted to actually
handle such funds the officer or employer
shall obtain and file with the Municipal
Clerk a fidelity bond from a bonding company,
authorized to do business in the State of
Colorado, in an amount fixed by the Council
by ordinance. The cost of obtaining such
bond shall be borne by the Town.
Town Attorney
The Council, by resolution: (a) shall
appoint an attorney admitted to practice in
Colorado to serve as Town Attorney for such
term as the Council deems fit; (b) may
provide the Town Attorney such assistants as
the Council deems fit; and (c) in special
cases, may employ special counsel to serve
with the Town Attorney, whether requested
by the Town Attorney or not. The Council,
by ordinance (a) shall fix the compensa-
tion of the Town Attorney and staff at the
beginning of each fiscal year; and (b) shall
fix the compensation of special counsel.
The services that may be required of the
s
40
,Ktfarter, 1972
Tentative
special cases employ special counsel to
Town Attorney are:
serve under the direction of the town
attorney. Council shall establish
1, To be legal advisor to, and to bo
compensation for, the town attorney, his
attorney and counsel for any person or
assistants and special counsel.
persons who, in connection with their duties
to the Town, have need of such services; and
i,
who are granted such services by resolution
of the Council.
jj
'2. To review a77 ordinances, contracts,
bonds, and other written instruments which
the Council or the Mayor may submit, and to
promptly provide a legal opinion as to the
consequences thereof.
I
3. To serve as Town Prosecutor in the
Municipal Court with respect to cases of
ordinance violations,
4. To conduct, for the Town, cases
f;
before other legally constituted tribunals.
5. To inform the Council on all matte#
of changes of law affecting the Town.
6, To file with the Municipal Clerk
copies of all documents and records of the
office of Town Attorney.
f
Section 7.2 dud? iary
Judiciary
(a) Presidin;`+Municipal Judge..
(a) Municipal Court.
There Shall be a Ounicipal court
vested with exclusive original juris-
1.. Jurisdiction and Appeal. 8y
diction of all cases arising under
authority of this Charter, the Council shall
the ordinances of the town and as
establish a Municipal Court which shall have
may be conferred by law, The muni-
jurisdiction to hear and to determine all
cipal court shall be presided over
cases arising under this Charter and under
and its functions exercised by a
the ordinances of the Town; subject to appeal
judge, appointed by the council for
in the manner provided by Federal and by
a specified term of two (2) years-..
Colorado State law for appeals from Muni -
The council may, -when his appoint-.
cipal Court to the appropriate higher court;
ment for term of office expires,
2, Process Jurisdiction. The COLPrt
re -appoint the municipal judge.
May serve a'summons;'complaint,'citation,10
Any vacancy in the office of muni-
warrant; or any other notice of process on
cipal judge shall be filled by
any person in the Town of Vail;
appointment of the council for the
3, The Court may render judgment on
remainder of the unexpired term,
any forfeited bond or recognizance return-
able to the Court subject to appeal as in
_(b) Deputy Judges, Council
any other case;
may appoint one or more deputy
4, The Court may punish contempt of
Judges as it deems necessary, the
Court by fine not exceeding fifty dollars,
deputy municipal judges shall all
or imprisonment not exceeding three days, or
Charter, 1972
have the powers of the municipal judge
when called upon to act by the munici-
pal judge or council. In the event that
more than one municipal judge is appointed,
the council shall designate a presiding
municipal judge, who shall serve in this
capacity during the term for which he was
appointed. The deputy municipal judges
shall serve at the pleasure of the council,
(c) Compensation. The municipal judge
shall receive a fixed salary or compensa-
tion set by the council, which shall not be
increased or decreased during his term of
office. The deputy municipal. judges may
receive such compensation for services
rendered as council may determine.
(d) Removal. Any municipal judge may
be removed during his term of office only
for cause. A judge may be removed by a
majority vote of the council for cause if;
1. He is found guilty of a felony
• or any other crime involving moral turpitude;
or
2. He has wilfully or persistently
failed to perform his duties; or
3. He has a disability which inter-
feres with the performance of his duties
Which is, or is likely to become, of per-
manent character.
41
Tentative
both fine. and imprisonment;
5, When a Municipal Judge is not'
available for purposes of admission to jail
of any person arrested and brought to the-
Municipal Court or jail on charges o'f vio=
lating a municipal law, such person may be
admitted to jail by any official des''ignated
by the Municipal Judge to serve in such
capacity. In the event no such offkial'is
available within three hours of the arrest,
the accused shall be released upon personal
recognizance;
b, The Court may set bail.,`_at'the
election of the accused., in the form of.`a
cash security, real property, tangible r
intangible personal property, acceptabl2
corporate surety bond or acceptable private
sureties. In cases when permitted under the
rules promulgated by the Court, 'bail may be
upon personal recognizance without security
or surety;
7, The Court may enforce its: orders
and judgments in a manner alike to what a
Court of Record may do,
(b) Judges, The Council shall appoint a
Municipal Judge, and may appoint one or more
Deputy Judges. Each appointment shall be for
for a term of not more than four year's; and
each appointee shall be eligible .for' re -appoint
ment. An appointee shall be a qualified
elector of the State of Colorado;. and at
least 25 years of age, The Council, by
ordinance, -shall: (I) fix the compensation
of the Municipal Judge at the beginning of
each term of office and may not decrease
the compensation during that erm; and (II)
shall fix the compensation of each Deputy
Judge.. In the event all Judges are absent,
disqualified, or unable to act in any matter
before the Court, -the Mayor may call any
eligible person to serve temporarily as act,
ing Judge, The Municipal Judge shall'appoint,
with the.advice and consent of the Council
by resolution, -a Municipal Court Clerk and,
if the Municipal Judge deems it necessary,
a Deputy Municipal Court Clerk, The forms
of the Complaint, procedures and proceed-
ings, and all other rules of the Court shall
be fixed by the Municipal Judge. The costs
and fees in the Court shall be fixed by the
Municipal Judge with the approval of the
Council by ordinance.
(c) Removal from office. By a majority
42
Charter, 1972 Tentative
vote of the Council, a Judge may be
removed from office and be ineligible f
re -appointment if the Judge is found guy
of a felony or any other crime of moral
turpitude -,.if deemed as failing to perform
the duties of a Judge; if deemed as conduct-
ing an intemperate Court besmirching the
concept of Justice; or if involved in giving
legal service to anyone appearing for trial
before the Municipal Court.
(d) Voter Approval. During the fourth
year of any Judge's term, the Judge's name
shall be submitted for voter approval at a
regular municipal election occurring during
that fourth year providing the Judge seeks
re -appointment. If a majority of the
eligible voters approve, the Judge's term
is extended for another four years. If not
approved, the Judge is ineligible for re-
appointment.
The Council shall have the authority
fill any vacancy in a judge's office as 10
provided in Paragraph (b) above,
le) Violations Bureau. By authority of
this Charter, the Council shall establish with-
in the Court a Violations Bureau for handling
violations of Municipal law as prescribed by
the Municipal Judge and as approved by the
Council by ordinance. Any person who has
received a notice to appear in answer to a
charge of violation of said prescribed law,
may within the time specified in the notice
answer at the Violation Bureau to the charge
set forth in said notice by paying a fine,
pleading guilty in writing, waiving a Court
hearing, -and giving power of attorney to the
Bureau to make such a plea and pay such a fine
in Court. Acceptance by the Bureau of such
prescribed fine and the power of attorney
shall be deemed to be complete satisfaction
for the violation, -and the violator shall
be given a receipt which states that sat'
faction. This procedure of adjudicatio
a violation shall not be construed as depriv-
ing the accused of a full and impartial hear-
ing in Court or of trail by jury, should the
accused so choose,
Charter, 1972
ARTICLE VIII
BOARDS AND COMMISSIONS
Section 8.1 Existing Boards and
Commissions
All existing boards and commissions
shall continue as established by ordin-
ance, except as otherwise provided in
this Charter.
Section 8.2 Composition of Boards and
Commissions
The composition of all existing boards
and commissions and those hereafter
established shall be such that no town
employee shall be allowed to serve; neither
the mayor_nor.any council man shall serve
on any board or commission. Terms and
conditions of appointment to such boards
and commission shall be determined by
ordinance.
Section 8..3 Planning Commission
�There shall be established a seven
(7} member planning commission appointed
by the Council. Members of the commission
shall be residents of the Town of Vail
and electors, The terms of appointment
to the planning commission shall be for
four (4) years on an overlapping basis.
43
Tentative
Existing Boards and
Commissions
All existing boards and commissions
shall remain as established unless other-
wise provided in this Charter.
Membership and Purpose
Neither the Mayor, nor any other member
of the Council, nor any Town employee shall
serve as a member of any Board and any
Commission. No one may serve as ex-officio
member of any Board and any Commission. The
Council shall have the authority to establish
by ordinance the purpose, powers and duties,
the terms of office that permit overlapping
terms, and qualifications for membership
inclusive of residency in. the Town. The
Council shall appoint all members, fill all
vacancies; -and remove any member from office
on any board and any commission it establishes
by ordinance.
The Council shall free each board and
commission to elect its own presiding officers
and adopt its own rules of procedure, The
Council may by ordinance abolish any board
or commission provided the board or commission
was originally established by Council ordin-
ance and not by this Charter or by any
State statute.
Planning Commission
(The department of community development
responsible for the Zoning and Building
Planning, the Health and the Environmental
regulations that implement the master plan
of community development is the Planning
Commission.} (See Item 6, page }
[No change from the provisions at left,
except that the term of office shall be
Charter, 1972
Section 8.4 Environmental Commission
There shall be established an environ-
mental commission appointed by the council,
Its functions shall be defined by ordinance
and include but not be limited to aesthetic,
architectural, environmental and ecological
coordination and planning relating to the
enchancement and the preservation of the
quality of life.
Section 8.5 Vacancies
Whenever a vacancy occurs on any
board or commission, the council shall
cause public notice of such vacancy to
be -made and encoirage..qualified volunteers
to seek appointment to such board or
commission. ':The_CourTtil shall then make
appointments to fill such vacancies.
Section 8,6 Right to Establish
In addition to those boards and
commissions heretofore created by ordin-
ance, council shall have the power and
authority to create boards and commissions,
including advisory and appeals boards,,
All permanent boards and commissions,
including advisory and appeals boards,
shall be created by ordinance, which
shall set forth the number and quali-
fications of members including resi
dency requirements, if any, and the
powers and duties delegated to such boards
and commissions. Initial appointments by
the council to any board or commission
shall specify the term of office of its
members in order to achieve overlapping
tenure,
Tentative
two years,)
44
The Council shall establish and .
appoint a Planning Commission of
seven members. The members shall be
electors of the Town of Vail and shall
serve for two years during overlapping
terms,
(Delete,. The functions of the environ-
mental commission are part of the functions
of the Planning Commission.)
Vacanies on Boards and
commissions
Whenever a vacancy occurs on any board or
commission, the Council shall cause public
notice be made; to encourage qualified
volunteers to seek Council appointment to
fill such vacancies..
(Delete. Subject covered elesewhere.
See Section 8.2)
1.
� r
fC4rter, 1972
-F
All membersi, however, shall be subject
to removal by;the council. Each board
•and commission shall elect its own chair-
man and vice-chairman from among its
members. Each beard and commission shall
operate in accordance with its own rules
of procedure and' its meetings shall be
open to the public. Any board or commission
created under ti�is article which is not
required by statute or this Charter may be
abolished by the council.
ARTICLE IX
I
TOWN FINANCES
Section 9.1 Fiscal Year
The fiscal year of the town shall
commence on the.'.first day of January
or on such date each year as shall be
fixed by the coujicil .
yY
Section 9.2 Provision for Tax System
The council may by ordinance pro-
vide a system for,.the assessment, levy
and collection oir'all town taxes, not
inconsistent with;;this Charter..
�r
Section 9.3 Budget
16 The town manager shall annually
prepare and submit to the council a
budget and accompanying message. The.
budget shall provide a complete finan-
cial plan of all town funds and
activities for the ensuing fiscal year
and, except as required by law and this
Charter, shall be in such form as the
manager deems desirable or the council
may require. In organizing the budget,
(No change.)
45
Tentative
Fiscal Year
Tax System
The Mayor shall provide an accounting
system for the assessment, the levying,
and the collection of all taxes and revenue,
and submit the system to the Council for
its enactment as law.
The Mayor shall delegate the full respon-
sibility of this duty to be exercised by
the Town Manager at the direction of a
majority resolution of the Council with the
Mayor abstaining from the resolution pro-
ceedings,
Budget
Soon after the beginning of the current
fiscal year, -the Mayor shall begin the
preparation of the budget for the next fiscal
year to be ready for submission to the
Council within four months from the begin-
ning of the current fiscal year. The budget
shall be accompanied by a message on the
state of the Town, of its streets, of its
public buildings, of its equipment, of its
parks, the whole of its debt structure;
4,
Charter, 1972
the manager shall utilize the most
feasible combination of expenditure
classification by fund, organization
unit, program, purpose or activity
and object. It,,shall begin with a
clear, general summary of its contents
and shall be so1'arranged as to show
comparative figu'res for income and
expenditures of the preceding fiscal
year.
I
i
i„
I:
r1
Section 9.4 Capital Program
Cy shall
The manager all prepare a long-
range capital program and submit same
to the council two (2) weeks prior to
the submission of the budget. Such
program shall include a statement of
the special revenue fund additional
cent sales tax as allowed under Ordin-
ance No. 3 of 1971. Expenditure of this
revenue for other than capital improve-
ments and/or open space acquisition or
improvements shall require not less than
five (5) affirmative votes of the Council,
Section 9.5 Budget Hearing
A public hearing on the proposed
budget and proposed capital program
shall be held by the council no later
than thirty (30) days prior to the
Close of the fiscal year. Notice of
46
Tentative
and the state of the master plan for
community development inclusive of the
long-range capital program, The messag(o
shall, also include the Council's policy
respecting each item of the message.
The budget shall provide a complete
financial plan for the ensuing year and
reflect the organizational structure of
the government and the cost of each part
of the structure.
The budget shall show the actual expen-
ditures and income of the previous year,
the estimated expenditures and income of
the current year, -in comparison with pro-
posed expenditures and estimated income
of the next year.
Also, the buget shall show the budget
records of actual expenditures and income
during the last ten years,
By a majority resolution of the Coun *
with the Mayor abstaining from the resolu-
tion proceedings, -the Council may direct
the Mayor to delegate the responsibilities
of this duty to be exercised by the Town
Manager,
(Delete. The capital program is covered
elsewhere. The inclusion of the ordinance
in this Charter raises the question that the
ordinance can be changed only by amending
the Charter; and yet in liberal interpre-
tation a 5 vote Council majority can change
the Ordinance by simple resolution.)
46
Enactment of the Budget
into Law
The Council shall adopt the Budget by
ordinance, and may make any changes in its
proposals as it sees fit,
The public meeting, required by the
47
Charter, 1972 Tentative
the time and place of such hearing shall
be published one (1) time at least seven
(7) days prior to the hearing.
Section 9.6 Council Amendments
After the public hearing, the council
may adopt the budget with or without amend-
ment. In amending the budget, it may add
or increase programs or amounts and may
delete or decrease any programs or amounts,
except expenditures required by law or for.
debt services or for estimated cash
deficit,
Section 9.7 Council Adoption
The council -shall adopt the budget by
ordinance on or before the final day of
the fiscal year. If it fails to adopt
the budget by this date, the amounts
•appropriated for the current operation
for the current fiscal year shall be
deemed adopted for the ensuing fiscal
year on a month -to -month basis; -with
all items in it pro -rated accordingly,
until such time as the council adopts
for the ensuring fiscal year.
Section 9.8 Property Tax Levy
Adoption of the budget by council
shall constitute appropriations of
the amounts specified therein as
expenditures from the funds indicated,
Council shall cause the property tax
to be certified to the county for
collection as required by law.
ordinance procedure shall be held no
sooner than seven (7) days after public
notice of the meeting is made, and shall
be held no sooner than two weeks after
passage of the budget by the Council in
"first reading consideration." The notice
shall contain an adequate summary of the
budget proposals and their changes, if
any; and the meeting shall be exclusively
public meeting on the budget.
. The Council shall adopt the budget in
"Second reading consideration: on or before
the final day of the fiscal year. In the
event that the Council fails in this, the
budget of the year just ending shall be
deemed in full force on a monthly pro-rata
basis respecting all items of the budget
until such time that the Council adopts a
budget for the current fiscal year.
In addition to the provisions respecting
the proposed expenditures and estimated
income,'there shall be included in the
Budget Ordinance provisions for the audited
appropriation of Town funds, and privisions
for such tax measures necessary to imple-
ment the budget without deficits being
incurred.
The Mayor shall have the responsibility
and authority, with the advice and consent
of the Council, to establish a system of
accounting for the collection and disbursal
of Town funds in the implementation of the
budget. The Mayor shall delegate this
authority to the Town Manager as "the advice
and consent" of a two-thirds majority resolu-
tion of the Council,'with the Mayor abstain-
ing in the resolution proceedings,
In the event that the tax measures
provide for a tax decrease; "the tax measures
shall become law with the approval of the
Budget Ordinance.' If the tax measures seek
an increase in taxes, the Budget Ordinance
shall call, on its approval in Council,
for a special referendum election to seek
approval by the electorate of -the tax increase,
except that if the tax measures provide for
a mill levy property tax assessment of no
more than 75% increase of the Town of Vail
mill levy imposed to implement the Budget,
such an increase shall not require a refer-
endum, and shall become law with passage of
the Budget Ordinance.
Charter, 1972
Section 9.9 Public Records
Copies of the budget and the capital
program as adopted shall be public
records and shall be made available to
the public in the municipal building.
Section 9.10 Amendments after Adoption
(a) Supplemental Appropriations.
,If, during the fiscal year, -the manager
certifies that there are available for
appropriation revenues in excess of those
estimated in the budget, -the council by
ordinance may make supplemental appro-
priations for the year up to the amount
of such excess.
(b) Emergency Appropriations.
To meet a public emergency affecting
life, health, property or the public
peace, the council may make emergency
appropriations. Such appropriations
may be made by emergency ordinance in
accordance with provisions of Section 4.11,
To the extent that there are no available
unappropriated revenues to meet such
appropriations, the council may by
emergency ordinance authorize the issu-
ance of emergency notes which may be
renewed from time to time, but the
emergency notes and renewals of any
fiscal year, will be paid no latter than
the last day of the fiscal year next
succeeding that in which the emergency
appropriation was made.
(c) Reduction fo Appropriation.,
•If, at any time during the fiscal year,,
it appears probable to the manager that
the revenues available will be insuffi-
cient to meet the amount appropriated, --he
shall report to the council without delay,
indicating the estimated amount of deficit,
any remedial action taken by him and his
recommendation as to any other steps to
be taken. The council shall then take
such further action,as it deems necessary
to prevent or minimize any deficit, and
for that purpose it may by ordinance
reduce one or more appropriations.,
48
Tentative
0
(Delete. Provided elsewhere in this
Tentative Charter.)
Supplemental Budget
If by conservative budgeting, made clear
in the budget message, -certain projects
have been curtailed from meeting full or best
need, and the Mayor can certify to the
Council that revenues are in fact in excess
of estimated; then, the Mayor shall
recommend a supplemental budget to reflect
the increased revenues for Council adoption.
The Council shall adopt the supplemental
budget with such changes it sees fit even
to allocating all the excess revenue to •
debt servicing.
Emergency Appropriation
in the event of an emergency, Section
4,11,'"that the Council can meet in whole or
in part by the expenditure of funds, the
Council may pass an emergency ordinance in
accordance with Section 4.11 (Tentative)
to appropriate the funds needed to meet the
emergency. If the uncommitted funds in the
Towns treasury are insufficient to meet
the emergency, -the Council shall have the
authority to pass the emergency ordinance
to provide for the issuance of short-term
notes to be financed (or refinanced if
necessary) over a period no longer than
two years from the date of the emergency
ordinance.
Reduced Budget
If during the budget year it becomes
apparent that revenues are falling short of
expected, the Mayor shall defer where
possible from funding projects as budgeted,
and shall immediately inform the Council
of the probable extent of the short fall.
The Council shall, then, reduce the budget,
by ordinance, to meet the reduced expected
income. On a majority resolution of the
•
E
!i
Charter, 1972
(d) Transier of Appropriations,
Any time during the fiscal year, the
manager may transfer part or all of
any unencumbered appropriation balance
among programs �ithin a department
office or agency.; and upon written
request of the-rranager, the council may
by resolution t ansfer part or all of
any unencumbered appropriation balance
from one department, office, agency., or
object to another.
(e) Limitation -Effective Date.
No appropriation for debt service may be
reduced or transferred; and no appro-
priation may be`reduced below the amount
required by law�to be appropriated or by
more than the amount of the unencumbered
balance thereof —The supplmental and
emergency appropriations and the reduction
or transfer of appropriations authorized
by this section may be made effective
immediately on adoption,
Section 9.11 Independent Audit
An independent audit shall be made of .
all town accounts;at least annually and
more :frequen.tly if deemed necessary by
the council. Such audit shall be made
by certified pubTsc accountants selected
by the council wli'p shall complete the
audit within four 0) months time of the
close of the fiscal year. Copies of such
audit shall be made available for public
inspection at the municipal building,
49
Tentative
Council with the Mayor abstaining from
the resolution proceedings, this authority
may be delegated to the Town Manager.
Transfer of Funds.
At the request of the Mayor, the
Council by resolution may make transfers
of any unencumbered fund balance of any
department, office, or agency from one
program to another within that department,
office, or agency.
Also, at the request of the Mayor, the
Council by ordinance may make transfers of
any unencumbered fund balance from one
department, office, or agency to another.
Financial Audit
An audit of all finances of the Town
shall be made by independent certified:
public accountants selected by resolution
by the Council. The accountants shall be
engaged in time to allow them to complete
the audit at least three (3) weeks prior
to the introduction of the budget for the
next fiscal year.
The audit shall correlate all expenditures,
all income with all funds general and
special established by Town Law such as
taxes, debt servicing, the budget, borrow-
in9,"etc.
The Council shall accept the audit by
ordinance,'
'Charter, 1972
j1ARTICLE X
MUNICIPAL BORROWING
Section 10.1 Forms of Borrowing
The town may borrow money and issue
the following s' curities to evidence
such borrowing:
(a) Short-term Notes;
(b) Anticipation Warrants;.
(c) General'(Obligation Bonds
and like securities;
(d) Revenue Bonds and other like
securities;
(e) Local Improvement Bonds and
other like securities.
Section 10.2 Short-term Notes
The municipallc'government., upon affirma-
tive vote of the",majority of the entire
council, may borrow money without an
election in anticipation of the collection
of taxes or other revenues and.to issue
short-term notes to evidence the amount
so borrowed. Anj'..such short-term notes
shall mature within twelve (12) months,
Section 10.3 Anticipation Warrants
Anticipation warrants may mature
within such period as shall be deter,
mined by the council.
Section 10.4 General Obligation Bonds
No bonds or other evidence of indebted-
ness payable in whole or in part from the
proceeds of general property taxes, or to
which the full faith and credit of the
town are pledged, shall be issued, except
in pursuance of an ordinance, nor until
the question of their issuance shall at
50
Tentative
Borrowing
The Council shall have the authority
to provide for the borrowing of money,
the debt servicing of such borrowing,
and the issuance of the following
securities to the lenders:
(a) Short-term Notes;
(b) Anticipation Warrants;
(c) General Obligation Bonds
and like securities;
(d) Revenue Bonds and other like
securities;
(e) Local Improvement Bonds and
other like securities.
Short-term Notes
By majority vote of its membership,
the Council by ordinance., may issue
short-term notes in anticipation of the
collection of taxes and other revenues;
and shall retire the notes within the
tax year with the anticipated funds as
they are collected.
Anticipation Warrants
i
•
By a two. -thirds majority vote of its
membership, -the Council may issue antici-
pation warrants, by ordinance; and shall
re -purchase the warrants with the stated
anticipated funds as they become avail-
able,
General Obligation Bonds
Any bond or other evidence of indebted-
ness redeemable in whole or in part from
the proceeds of general property taxes,
or to which the "full faith and credit of
the Town" is to be pledged, shall first
be passed by a majority vote of the Council
in "first reading consideration" as an
IC6arter, 1972
at a special oar regular election, be
submitted to a vote of the registered
•electors and approved by a majority of
those voting thereon provided however,
that such securities issued for improv-
ing or extending any municipal utility
system, includiOg water and sewer
systems, may be, ;so issued without an
election.
Section 10.5 L-imjtations
3;.
There shall be no limitation as to the
amount of bonds ;and securities; except
•in documents providing for the issuance
of same, which MN be issued by the town
subject only to ,the election provisions
of Section 10.4,., All bonds issued pur-
suant to the provisions of this Charter
shall be sold ai' public or private sale
to the 'best•advantage of the town at
above or below pq;r. Bonds may contain
provisions for calling same at designated
periods prior tq=,the final due date, with
or without payment of a prior redemption
premium. ?!
Section 10,6 Revenue Bonds
The town, pursuant to ordinance and
thirty (30) days public notice and
without an election. —may borrow money,
issue bonds, or otherwise extend its
-11
Tentative
ordinance, The public meeting to follow
shall- have the exclusive subject: "the
total debt of the Town and the proposed
ordinance to increase that debt." Before
proceeding further in the ordinance
process, the Council shall submit the
question of debt increase to the action of
the electorate in referendum.
If approved by the electorate, the
Council may approve the ordinance to
increase the debt in "second reading
consideration." If the electorate
disapprove, the action of the electorate
becomes law, -and further consideration of
the debt increase ordinance shall cease.
Debt Limitation
When.the yearly debt service applicable
to the retirement of the whole of the
indebtedness of the Town is applicable to
the property in Town becomes 25% of the
total yearly revenues of the Town from all
sources of revenue, -the Mayor shall declare
and the Council shall acquiesce in resolu-
tion a moritorium on all borrowing except
as provided in Section 9.9 (tentative) for
emergency appropriations.
The moritorium may be ended by resolu-
tion of the Council when the yearly debt
service becomes 22% of the total yearly
revenues.
There shall be provided in each yearly
budget a debt service escrow fund. The
fund shall be increased at reasonable rates
each year until it accumulates to a level
at least equal to 50% of the yearly debt
service, Any excess above this level shall
be used for debt retirement.
Revenue Bonds
If the Council finds need to acquire,
construct, extend, operate, and/or improve
a water, electric, gas, -'or sewer system as
a self-sustaining income producing public
Charter, 1972
credit for purchasing, equipping, and
constructing, condeming, otherwise
acquring, extending or improving a
water, electric, gas or sewer system,
or other, public utility or income -
producing project, provided that the
bonds or other obligations shall be
made payable from the net revenues
derived from the operation of such
system, utility, or project, or from
the proceeds of any revenue tax
other than general ad valorem tax
Imposed by the Town of Vail, or the
State of Colorado or agency thereof.
Any one or more of such systems,
utilities and projects may be combined,
operated and maintained as joint muni-
cipal systems, utilities or projects,
in which case such bonds or other
obligations shall be made payable out
of the net revenue derived from the opera-
tion of such joint systems utilities
or projects.
Revenue bonds issued pursuant to the
authority granted herein may be secured
by general property taxes or the full
faith and credit of the town, in which
event an election as provided in Section
10.4 shall be required. Such bonds shall
not be considered a debt or general obli-
gation of the town, -and shall not be
included as part of the indebtedness of
the town for any purpose.
Section 10.7 Refunding Bonds
The council may authorize, by ordinance,
without'an election, the issuance of refund-,
ing bonds or other like securities for the
purpose of refunding any of the bonded
Indebtedness of the Town of Vail, -whether
due or not, or which has or may become
payable at the option of the town, or by
the consent of the bondholders or by any
lawful means, whether such bonded
indebtedness be now existing or may here-
after be created. The proceeds derived
from the issuance of any refunding bonds
under the provisions of this section shall
either be immediately applied to the
52
Tentative
project;'fully capable of paying its
bonded indebtedness, the Council may •
issue by ordinance revenue bonds to
fund such projects in anticipation of
the expected revenue, To the extent
that the revenue from such projects
falls short in sustaining the debt, the
Council shall deem any bonds it issues
to fund the project,""General Obligation
Bonds" subject to the provisions of
Section 10.4 (tentative).
•
Refinancing
If the object of refinancing of the debt
is to spread payments over a longer period
of time without increase of the debt
except for interest load, the Council may
do so by ordinance,
If the refinancing adds to the princifi
to provide monies for immediate use, the
refinancing bonds shall be deemed "General
Obligation Bonds" subject to the provisions
of Section 10.4 (tentative),
i
"Charter, 1972
payment, or repumption, and retire-
ment of the bonds to be refunded, and
•the costs and expenses incident thereto.,
or shall immediately be placed in escrow
to be applied tq the payment of said
bonds upon theirs presentation thereof,
and the costs and expenses incident
thereto, as maybe provided by the town
council. Any f�nds of the town "legally
available therefore may be placed in any
escrow account and established under
the provisions, f this section., -'any may
be used for the purposes specified in the
escrow agreement, if such procedure is
deemed by the town council to be in the
best interests of the town.
q
Section 10.8 Special or Local Improve-
ment District Bonds
The town sha17 have the power to create
.
local improvement districts and to assess
the cost of an& relating to the construc-
tion or installation of special or local
improvements of every character against
benefited property within the designated
districts in thy''town by
(a) Order of;�;council, subject, however;"
to protest by the owners of a majority of
all property benefited and constituting
the basis of asse
may determine. sment as the council
sent as the council.
(b) On a petition by more than fifty
150) per cent of the landowners in the
area of the proposed.district.
In either event, a public heari.ng shall
be held at.'which all interested parties
may appear and be heard, Right to protest
and notice of public hearing as provided
by council by ordinance. Such improvements
. shall confer special benefits to the real or
personal property within said district and
general benfits to the town at large. The
council shall have the power by ordinance
without an election to prescribe the method
of making such improvements, of assessing the
cost thereof., and of issuing bonds for cost
on constructing or installing such
53
Tentative
Special or Local Improvement
Districts and their Financing
The Council shall have the authority by
ordinance to declare any given district of
the Town a "Special or Local Improvement
District," This it can do on its own
cognizance or at the request of more than
50% of the property owners of the district.
At the public meeting, following passage of
the "first reading consideration" of the
ordinance shall be wholly on the pro's and
con.rs of the planned improvements, their
benefits to the whole Town, and their costs
both in time and money. Then, if the Council
finds that the improvements are preponder-
ately of benefit to the property owners, and
a two-thirds majority of the property owners
still want the improvements, in "second
reading consideration" the Council shall
make provision to assess the property owners
to bear the greater burden of the cost as
determined by the Council. If, on the other
hand,' the improvements will be of general
benefit to the whole Town, -in "second
reading consideration" the Council may
increase the 'ad valorem property tax to
provide revenue of the improvements, pro-
vided such increase is not prohibited by
Section 9,7 (tentative). If the improve-
ments cannot be funded in this way, the
Council shall issue "General Obligation
Bonds" subject to the provisions of
Section 10,4 .(tentative),
54
a
iiarter, 1972 Tentative
improvements including the costs
incidental th6reto,
Where all outstanding bonds of a •
special or local improvement district
and any monies jremain to the credit of
the district, they shall be transferred
to a special s.d;rplus and deficiency
fund and whenever there is a deficiency
In any special or local improvement
district fund:to meet the payments of
outstanding bonds and interest due
thereon, the deficiency shall be paid
out of such surplus and deficiency fund.
Whenever a spe'cial or local improvement
district has paid and cancelled three -
fourths of its bonds issued, and for
any reason thejremaining assessments
are not paid in: time to take up the
remaining bonds of the district and
the interest due thereon and there is
not sufficient?monies in the special
surplus and deficiency fund, then the
town shall pay said bonds when due and •
the interest dub thereon, and reimburse
itself by colleting the unpaid assess-
ments due said district.
In consideration of general benefits
conferred upon!the town at large from
construction and installation of
improvements in'amprovement districts,
the council may:;levy annual taxes with,
out an election'bn all taxable property
within the town,�4 a rate to be deter-
mined by the council, for the purpose
of advancing the monies to maintain
current payment of interest and equal
annual payments to the principal amount
of bonds issued for any improvement
district hereafter created, The pro-
ceeds of such taxes shall be placed in
a special fund and shall be disbursed
only for the purpose specified herein,
provided that in lieu of such tax levies, •
the council may annually transfer to
such special fund any available monies
of the town..
Charter, 1972
ARTICLE XI
TAXATION
Section 11.1 Authority to Levy Taxes
The Council may levy and collect
taxes without limitation as to amount
for municipal purposes which may include
but shall be limited to: general ad
valorem property taxes, sales tax, use
tax, bed tax, occupation tax, excise tax,
No sales tax or bed tax shall be
levied after the adoption of this Charter
until such tax shall have been approved
by a majority of the registered qualified
electors voting at a regular or special
election.
ARTICLE XII
PUBLIC UTILITIES AND FRANCHISES
Section 12.1 General Powers
The town shall have and exercise
with regard to all utilities and
. franchises all municipal powers
including, without limitation, -all
powers now existing and which may
be hereafter provided by the Con-
stitution and statutes. The right
of the town to construct, purchase
or condemn any public utility, work
or way, is expressly reserved,
55
Tentative
Authority to Levy and to
Collect Taxes.
The Council shall levy and collect
taxes to raise revenue to fund the opera-
tions of the Municipal Government estab-
lished by this Charter.
An increase in any tax, or the levy of
any, new tax, or the passage of any measure,
however named or described, as a measure
for raising revenue shall be passed by the
ordinance process of "first reading con-
sideration" followed in due course by a
public meeting devoted exclusive to the tax
ordinance. Then to pursue the matter
further, -the Council shall call a special
or regular election in referendum of the
tax ordinance to the people.
If the electorate approves the measure,
the Council may then enact the measure as
law in "second reading consideration" of
the tax ordinance as approved by the people,
If the electorate disapproves, the
peoples` act is law;, and the measure may
not be introduced except in two years after
its rejection, and then only by the ordin-
ance referendum process.
Franchise Powers
All powers concerning the construction,
purchase; br condemning (with due compen-
sation) any public utility, work or way; and
concerning the granting, amending, revoking,
or otherwise dealing in franchises, reserved
to the people by the Constitution and
statutes of Colorado,'shall be exercised
by the Council only as expressly authorized
by the electorate in the ordinance -referendum
process provided elsewhere in this Charter
(tentative),
r
l
r i
fCharter, 1972
i
Except as otherwise provided by the
Constitution or this Charter, all
powers concerning the granting,
amending, revoking or otherwise
dealing in fran4hises shall be
exercised by th Council.
y)
Section 72.2 Walter Rights
The town shall have the power to
buy, exchange, lease, own, and con-
trol water rights.
I
i
Section 12.3 Utility Rates and
Service Areas
The Council shall by ordinance
establish -_rates for services provided
by municipality -*owned utilities. All
newly -annexed tdr'ritory shall be served
by municipal uti{Pities within a reason-
able period of tjme after annexation,
If the council desires to extend the
municipal utilities beyond the town
boundaries, it Shall do $o by ordinance.
i
KP'
's
Section 12.4 Grd"it`ing of Franchises
No franchise shall be granted that
exceeds twenty (20) years.
Section 12.6 Franchise Records
The council shall cause to be kept
in the office of the town clerk an
indexed franchise record in which shall
be transcribed copies of all franchises
56
Tentative
•
Water Rights
Water rights shall be deemed a public
utility subject to the provisions of
Section 12.1 (tentative).
Utility Rates and
Service Areas
The Council shall by ordinance
establish rates for services provided
by municipality -owned utilities. All
newly -annexed territory shall be served
by municipal utilities within a reason-
able period of time after annexation.
If the Council desires to extend the
municipal utilities beyond the Town
boundaries, it shall do so by ordinance.
It shall do so by the ordinance referendum.
process,
Life of a Franchise
No franchise life shall be granted that
exceeds five (5) years, nor shall any
franchise guarantee it as exclusive. The
franchise shall be made subject for review
by the ordinance -referendum process of this
Charter (tentative).at periods no longer
than five (5) years.
Franchise Records
(No substantial change.)
Charter, 1972
heretofore and hereafter granted. The
index shall give the name of the grantee
and any assignees. The record, a complete
history of all such franchises, shall
include a comprehensive and convenient
reference to all actions of law affecting
the same, and copies of all annual reports
and such other matters of information and
public interest as the council from time
to time may require.
Section 12.7 Existing Franchises
57
Tentative
Existing Franchises
All franchise ordinances of the town All franchise ordinances in effect at the
in effect at the time this Charter is time this Charter is adopted shall be
adopted shall remain in full force and reviewed for modification as soon as prac-
effect according to their provisions tical by the ordinance -referendum process
and terms until the expiration date applicable to all franchises.
provided in such ordinance or until
modified by another franchise.
•
ARTICLE XIII
MISCELLANEOUS PROVISIONS
Section 13.1 Reservation of Power
The power to supersede any law of
this state now or hereafter in force,
insofar as it applies to local and
municipal affairs, shall be reserved
to the town, acting by ordinance,
subject only to the restrictions of
Article XX of the State Constitution
and subsequent amendments to the
Charter and by ordinance.
Section 13.2 Liability of the Town
No action of recovery of compensa-
tion for personal injury, death, or
property damage against the town on
account of its negligence or other
tort shall be maintained unless
written notice of the alleged time, -
place and cause of injury, death, or
property damage is given to the town
clerk by the person injured, [by any
(Delete this Section, its substance is
included elsewhere.)
Liability of the Town
(Tentative changes. The time limit of
notice of death or of injury leading to
disability shall be one year. The Town
Clerk shall not reject the notification
for any reason; but shall duly record the
notification and submit it to the Town
Attorney.) (Other changes are superimposed
and enclosed in [].)
Charter, 1972
agent of the person] his agent, or
attorney within ninety (90) days of
the occurrence causing the injury,
death, or property damage. The notice
given under the provisions of this
Section shall be deemed invalid or
insufficient solely by reason of an
inaccuracy in stating the time, place,
or cause of the injury, if it is
shown that there was no attempt to
mislead and the town in fact was not
misled thereby. This provision shall
not be construed as a waiver of any
governmental immunity the town may
have now or in the future.
Section 13.3 Sale or Lease of Property
Council may sell, exchange or dispose
of public utilities, or permanent
buildings or real or.personal property
with or without first obtaining approval
of a majority of the registered electors
voting thereon, as shall be determined
by the council. The council may lease;'
for such term as the council shall deter-
mine, any real or personal to or from
any. person, firm or corporation, public
or private, governmental or otherwise.':
Section 13.4 Bequests, Gifts, and
Donations
Council, on behalf of the town,
may receive or refuse bequests, gifts,
and donations of all kinds of property
in fee simple or in leasehold, -or in
trust for public, charitable, or other
purposes, and do all things and acts
Tentative
Sale, Purchase, or Lease of
Property.
The Council by ordinance, or by ordinance -
referendum, may sell, lease, purchase,
exchange, or dispose of public utilities�r
public buildings or real or personal
property; except that the Council shall
not remove from the Town property roles
any property designated essential to the
historical image and quality of the Town.
This list of essential property shall be
prepared by a citizens committee of at least
ten .(10) persons knowledgeable of such
matters appointed by the Council. The list
shall be made a provision of the Charter.
The Council, having the power of Zoning,
shall not refrain from selling property not
on the essential property list in order
to prevent its development;. because the
sale of such property will benefit the
town by the removal of the property from
Its non -tax status.
(No change.)
Bequests, Gifts, and
Donations
1
Y
' Charter, 1972
necessary to Larry out the purchase
of such gifts, bequests, and donations
with power to manage, sell, -lease, or
otherwise dispose of the same in
accordance with the terms of the gift,
bequest, or trust.
�i
Section 13.5 Emergency Powers
In case of riot, insurrection, -or
extraordinary emergency, the town manager
shall assume the authority to execute
any action necessary for the proection
of life and prd,perty. Such authority
may include but; not be limited to estab-
lishing regulations governing conduct
and activities relating to the cause of
the emergency, and if the emergency
situation contiinues, the town manager
shall convene the council who may take
such action as it deems necessary. In
the event it be�'omes necessary, the line
of succession provided in Section 13.6
shall be followed.
Section 13.6 Continuity of Government
The council shall have the power to
provide for continuity of government of
the Town of Vail,,.in the event of natural
or enemy caused' disaster. Such power
shall be employed in a manner which will
preserve representative government in
the Town of Vail"and which will provide
an orderly line of succession of officers,
notwithstanding the provisions of this
Charter. Such succession shall commence
with the town manager, the mayor, and the
mayor pro tem and shall then revert to
the councilmen by order of seniority, then
through an orderly line of succession of
the administrative department heads,
0
59
Tentative
(Delete both Sections 13.5 and 13.6
because the provisions appear elsewhere.)
'I
k
3
Charter, 1972
Section 13.7 L verability of Charter
Provisions
If any provision, section, article
or clause of thus Charter or the appli-
cation thereof�;o any person or circum-
stances shall b' found to be invalid by
a court, such invalidity shall not affect
any remaining portion or application of
the Charter which can be giving effect
without the Walid portion or applica-
tion provided Ouch remaining portions
or applications are not determined by
the court inoperable, and to this end this
Charter is declared to be severable.
i,
Section 13.8 Charter Amendments
i;.
This Charter may be amended at any
time in the manner provided by the
Constitution. Nothing herein contained
shall be construed as preventing the
submission to tie people of more than
one Charter amendment at any one election.
If provisions of two or more Charter
amendments adopted or approved at the
same election conflict, the amendment
receiving the hi.,ghest affirmative
votes shall become effective.
rr
60
Tentative
9
(Delete. A well written Charter need
not have this crutch to be valid.)
Amendment by Referendum
To amend the Charter by Council act,
the Council shall by ordinance call for
an election on proposed amendments.
Within thirty (30) days of the date of
adoption of the ordinance, the Council
shall publish notice of an election con-
taining the full text of the amendment
(or amendments). The election shall be
held not less than thirty (30) days nor
more than one hundred twenty (120) days
after publication of such notice,
Amendment by Initiative
To amend the Charter by
Initiative of the People
To amend the Charter by initiative
of the people, at least five (5) qualified
electors shall constitute themselves a
petitioners committee and file with the
Municipal Clerk an intent to circulate a
petition. The petition shall .be circulated
a period not to exceed ninety (90) days
and shall'be filed with the Clerk befor
the close of business on the ninetieth
day or on the next business day when the
ninetieth day is a Saturday, Sunday, or
legal holiday,
If the amendment(s) is sought to be
submitted at a special election, the
petition shall be signed by qualified
61
Charter, 1972 Tentative
equal to at least ten (10%) percent of
the registered electors on the date of
filing the statement of intent, the peti-
tion shall be filed at least sixty (60)
days prior to the approximate date of the
special election, and in any event it shall
be held within the period not less than
thirty (30) days nor more than one hundred
twenty (120) days after publication of the
notice of election.
If the amendment(s) is sought to be
submitted at a regular election, the
petition shall be signed by qualified
electors equal to at least five (5%)
percent of the registered electors on the
date of filing the statement of intent, and
the petition shall be filed at least sixty
160) days before the date of the election.
General Revision of the
Charter
• (a) If the Council deems that the
Charter should be replaced, -reviewed in
whole with the purpose of changing the
form of the Town Government, -the Council
may call a referendum election to establish
a Charter Commission of twenty-one (21)
members (if Vail has a population over
2,000) or of nine (9) members (if the
population is 2,000 or less) to review
the Charter as proposed by the Council.
(b) In lieu of this Council act, the
Charter Commission may be established by
initiative of the people as provided by
a petition which is signed by at least
fifteen (15%) percent of the registered
electors; which requests a special or
regular election for the formation ❑f the
Commission; and which is filed with the
Clerk at Ieast ninety .(90) days prior to
the date of the regular election or the
approximate date stated in the petition
for the spacial election,
Charter, 1972
Section 13.9 Interpretations
Except as otherwise specifically
provided or indicated by the contents
hereof, all words used in this Charter
indicating the present tense shall not
be limited to the time of the adoption
of this Charter but shall extend to and
include the time of the happening of
any event or requirement for Which pro-
vision is made herein. The singular
number shall include the plural, the
plural shall include the singular and
the masculine gender shall extend to
and include the feminine gender and
neuter, and the word "person" may
extend and be applied to bodies
politic and corporate and to partner-
ships as well as to individuals.
62
Tentative
(Delete these two Sections as obviated
by the text of the Charter.)
7
0
�4
;Charter, 1972
Section 13.10 definitions
(a) Appropriation. The authorized
amount of monies'set aside for expendi-
tures during a specified time for a
specific purpose.
�r
(b) Town. Town of Vail, Colorado.,
a municipal corp�raton.
(c) Council': The Town Council of .
the Town of Vailt, including the Mayor,
unless providedlotherwise.
(d) Manager, The Town Manager of .
the Town of Vail appointed pursuant to
Section 6,1. i
(e) Employee: A person employed by
the Town of Vail
(f) Regular Municipal Election.
A municipal election held every two 12)
•years at which candidates for elective
offices of the tdwn are voted upon in
accordance with Phis Charter.
(g) Public Utility. Any person, firm,
or corporation operating heat, power or
light systems,"communications systems,
water, sewer or scheduled transportation
systems, -and serving or supplying the
public under a franchise granted by the
town, ,c r
(h) Officer..,Any person elected to
office or appointed by council, including
appointees to boards and commissions,
(i) Constitution, The Constitution
of the State of Colorado.
(j) Statutes, The applicable laws
of the State of Colorado as they now exist
or as they may be amended, changed, repealed,
r otherwise modified by legislative proce�-
W dure.
(k) Elector, A person otherwise
qualified to vote in the municipal elections,
under applicable law whether registered or
not,
(1) Registered Elector, A person who is
Tentative
63
64
;tl
f Charter, 1972 Tentative
qualified to vyote under applicable law
and who is al.§o registered to so vote in
municipal elections.
(m) Permanent Board of Commission. A
board or commission intended by council to
be a part of thie permanent governmental
structure of the Town of Vail as established
by ordinance. "i