HomeMy WebLinkAboutPACKET Town Board 1999-09-28Prepared 9/22/99 The Mission of the Town of Estes Park is to plan and provide reliable, high- value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 28, 1999 7:00 p.m. AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: 1. CONSENTCALENDAR: 1. Town Board Minutes dated September 14,1999. 2. Bills. 3. Committee Minutes: A. Light and Power, September 16, 1999 - Approval of: 1. Billing Statement Format Conversion and Purchase of Laser Printer ($5,000) and Inserting Machine ($8,500). 2. George K. Baum & Company to Undenvrite Electric Revenue Bonds. 3. TSI, Inc. for Pine Valley Three Phase Conversion - Change Order, $2,720 4. T.A. Enterprises bid of $41,200 for Christmas Decoration Installation Contract. 5. A-1 Excavating bid of $114,223.52 for Substation Trenching Contract. B. Community Development, September 23, 1999: 1. Special Events a. Street Closure: Elkhorn Avenue between Riverside Drive and Moraine Avenue and Moraine Avenue to Spruce Street. b. 1999-2000 Rooftop Rodeo Committee Officer Appointments. c. Relocation of Sewer on West Side of Stanley Park. 4. Board of Adjustment, September 14, 1999 (acknowledgement only). Agenda continued on reverse side.
2. ACTION ITEMS: 1. Special Event Liquor Permit for the Art Center of Estes Park for a reception planned November 20, 1999. 2. Ordinance #7-99 - Establishing a Light and Power Enterprise Fund. 3. Ordinance #8-99 - Establishing a Water Enterprise Fund. 3. TOWN ADMINISTRATOR'S REPORT:
€. Town of Estes Park, Larimer County, Colorado, September 14,1999 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 14~h day of September, 1999. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek Stephen Gillette George Hix Lori Jeffrey Also Present: Richard Widmer, Town Administrator Rebecca van Deutekom, Deputy Town Clerk Absent: None Mayor Dekker called the meeting to order at 7:00 p.m. PUBLIC COMMENT: Karen Steadman addressed an issue regarding the Wildlife Center, specifically Ordinance 22-99. Ms. Steadman requested that Mayor Dekker and Trustees Doylen and Hix respond to a rumor that the American Legion had been "pressured" to refuse a request by The Committee for a Cage Free Estes Park to use the American Legion Hall for a fundraising activity. The Mayor and Trustees adamantly denied the accusation and stated Ms. Steadman had been misinformed. Ricki Ingersoll read a prepared statement indicating she submitted a lawsuit today against Mayor Dekker, Trustees Gillette, Jeffrey, Barker, Doylen, Baudek, Hix, and Larimer County because of the unfair Ballot Title adopted at the August 31St Town Board meeting. Mayor Dekker responded to her accusation that certain Trustees were using "intimidation tactics" to influence voters, stating that Trustees cannot publicly endorse or oppose an issue once it is referred to the voters. Mayor Dekker denied the accusation on behalf of the Board. Alan Aulabaugh, Chairman of The Committee for a Cage Free Estes Park stated that a letter recently printed in the Tra# Gazette referred to "outsiders" as the foes in the animal issue. He stated that the foes are fellow citizens and voters in Estes Park, not individuals located outside the community. TOWN BOARD COMMENTS: None.
Board of Trustees - September 14,1999 - Page 2 CONSENT CALENDAR: 1. Town Board Minutes dated August 24, 1999 and August 31, 1999. 2. Bills. 3. Committee Minutes: A. Public Safety, September 2, 1999. 4. Board of Adjustment, August 10, 1999 (acknowledgement only). 5. Estes Park Planning Commission, August 17, 1999 (acknowledgement only). It was moved and seconded (Hix/Gillette) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Resolution #24-99 - Authorizing Sidewalk Sale October 9 & 10, 1999. Special Events Director Hinze requested approval of a Resolution providing for "Surprise Sale Days" sponsored by the Special Events Department to be held October 9 and 10, 1999. Guidelines were reviewed, and it was moved and seconded (Baudek/Barker) Resolution #24-99 be approved, and it passed unanimously. 2. Liquor Licensing: A. Transfer of Ownership: From Black Canyon Restaurants, Inc. (Sloan), to Twin Owls Steakhouse, Inc. (Grueff), 800 MacGreqor Avenue, Hotel & Restaurant License. Mayor Dekker opened the public hearing and reviewed procedure. Ed Grueff stated that he has been operating the establishment under a temporary liquor permit without incident. There were no audience comments. There being no further testimony, Mayor Dekker closed the public hearing. Deputy Clerk van Deutekom read a Memorandum from Town Clerk O'Connor outlining events leading up to the Transfer of Ownership. It was moved and seconded (Jeffrey/Gillette) the Transfer of Ownership for Twin Owls Steakhouse, inc. be approved, and it passed unanimously. B. Transfer of Ownership from David & Yolanda Oehlman to Oehlman Enterprises, Inc. dba River Rock Grilling Company, 509 Big Thompson Avenue, Beer and Wine License. Mayor Dekker noted that the application for transfer was in order. It was moved and seconded (Gillette/Barker) the Transfer of Ownership for Oehlman Enterprises, Inc. dba River Rock Grilling Company be approved, and it passed unanimously.
Board of Trustees - September 14, 1999 - Page 3 TOWN ADMINISTRATOR'S REPORT: 1. July Sales Tax Report - Town Administrator Widmer presented a report of sales tax calculations for July that indicated a 3.7% increase in sales tax revenue from last year. He noted that last year's sales tax revenue for July was up 9% from the previous year. There being no further discussion, Mayor Dekker adjourned the meeting at 7:24 p. nn. Robert L. Dekker, Mayor Rebecca van Deutekom, Deputy Town Clerk
BRADFORD PUBLISHING co. RECORD OF PROCEEDINGS Light and Power Committee September 16,1999 Committee: Chairman Hix, Trustees Barker and Jeffrey Attending: All Also Attending: Town Administrator Widmer, Light and Power Director Matzke, Town Attorney White, Light and Power Secretary Button Chairman Hix called the meeting to order at 8:00 a.m. Proposed Sale of Intermountain CableComm - Request to Transfer Franchise, Town Attorney White received a formal request to sell the stock of Cable Systems, Inc. (CSI) to Charter Communications, Inc. LLC (Charter). Staff prepared a letter to Fanch Communications, Inc. and Charter Communications, Inc. containing 5 specific concerns regarding deficiencies in the current operation of the Estes Park Cable System. In order for the Town to consent to the transfer of CSI to Charter control, the items included in the letter must be satisfactorily addressed. Walt Van Lue, General Manager of Intermountain CableComm and Tenzin Gyaltsen, Area Director, National Division of Fanch Communications, Inc. addressed the identified deficiencies as follows: 1. Both Mr. Van Lue and Mr. Gyaltsen stated that the local office will remain open with no change in staff. 2. Mr. Van Lue apologized for past laxity in following pole attachment regulations and obtaining necessary local, county and state permits, stating that all procedures and requirements will be followed. 3. Mr. Van Lue explained that they are currently analyzing the system and addressing violations as they proceed. The "state-of-the-art" system provision will be met upon upgrade from 330 megahertz and 45 channels to 550 megahertz and 78 channels. 4. Mr. Gyaltsen stated a qualified consultant will conduct an independent review of the system following the upgrade. 5. Mr. Gyaltsen is aware of the settlement agreement with Richard Lynn Pratt requiring a public access channel. . Light & Power Director Richard Matzke requested that Channel 39 remain the public access channel following the upgrade and Mr. Van Lue and Mr. Gyaltsen agreed. Attorney White recommended that the responses of Mr. Van Lue and Mr. Gyaltsen be accepted in good faith. However, the entities involved should respond to the Town's letter in writing. A Resolution will be prepared for Town Board approval upon receipt of the written responses. Finance Department Customer Survey Report. Finance Director Monte Vavra presented results of the Finance Customer Survey Report. The survey was designed to identify ways to improve the service to the internal and external customer. A total of 226 surveys were mailed, which represents 4% of the total customer base of 8,000. The customers were selected at random. A total of 115 surveys were returned, resulting in a 51% return rate. It was noted that more than half of customer contacts occur in the office and most customers were pleased with the staff and service they received. Utility Billing Statement - Authorization to Purchase. Finance Director Vavra reported that $45,000 was budgeted in 1999 to purchase the hardware necessary to initiate a new utility billing statement. Staff proposed a letter size statement format mailed in an envelope to include a return envelope versus the postcard billing statement. The costs associated with converting the system were presented. Finance Director Vavra noted that the HTE utility billing software does accommodate a larger size billing statement. Chairman Hix and Trustee Jeffrey favored the conversion, Trustee Barker opposed it. The Committee recommends authorization of the billing statement format conversion and purchase of all
IMAC>FORD.U.LISHING.0. RECORD OF PROCEEDINGS Light and Power Committee, September 16, 1999 - Page 2 necessary hardware and forms, including a laser printer at approximately $5,000 and an inserting machine estimated at approximately $8,500. Electric Revenue Bond Issue - Recommendation of Bond Underwriter. Finance Director Vavra presented proposals to underwriter the Electric Revenue bonds from U.S. Bancorp Piper Jaffray and George K. Baum & Company. Based upon a lower underwriting fee and bank-qualified status of the bonds, the Committee recommends George K. Baum & Company to underwrite the Light and Power Department Electric Revenue bonds. Pine Valley Three Phase Conversion - Approval of Change Order. Director Matzke reported that in September 1998, the Pine Valley Three Phase Conversion construction contract was awarded to TSI, Inc. for cost of $142,934. During construction of the project, design modifications and traffic control costs totaling $2,720 were incorporated into the contract at staffs request. Director Matzke reported that the change order amount will be funded from the 1999 Overhead Capital Budget. The Committee recommends that the change order request from TSI, Inc. for $2,720 be approved. Christmas Decoration Installation Contract - Approval. Director Matzke reported that bids are requested from private contractors to install the Town Christmas decorations. The 1999 budget for decoration installation is $50,000. The following bids were received: 1999 Amount 2000 Amount Rocky Mountain Lawn Care $ 46,500 $ 48,500 Rightway Electric 49,800 52,300 TA Enterprises 41,200 42,436 Mike Atkins, Rocky Mountain Lawn Care, questioned the criteria used when considering bids and asked if company work history, manpower, and equipment are considered in the contractor selection process. Town Administrator Widmer explained that those questions are asked if contractors are to be pre-qualified and he noted that this particular situation involves a performance contract. If the contractor fails to fulfill the contract, payment is withheld and the contractor could face additional penalties. Town Attorney White stated that the Town is legally obligated to accept the lowest bid. The Committee recommends that the 1999 installation contract be awarded to TA Enterprises at a cost of $41,200. The 2000 contract will be subject to Committee approval based upon 1999 performance. Substation Trenching Contract - Approval. Director Matzke reported that this project will provide trenching and installation of conduit and equipment required to connect the new Estes Substation to existing distribution circuits fed from the existing substation. The project involves installation of approximately 4,500 lineal feet of duct line in various configurations from the new Substation, south to Highway 36, west to the existing south Chamber parking lot, north across the Big Thompson River to Highway 34, then east to the Nine Hole Golf Course driveway entrance. The Light and Power Department requested $300,000 in the 1999 budget for the Substation underground circuits. The following bids were received: Aztec $132,220 A-1 Excavating 114,223.52 This project will be reimbursed from proceeds of the Electric Revenue Bond issue. The Committee recommends that the Substation trenching contract be awarded to A-1 Excavating at a cost of $114,223.52.
BRADFORD PunliSHING.0. RECORD OF PROCEEDINGS Light and Power Committee, September 16, 1999 - Page 3 REPORTS Platte River Power Authority (PRPA) Report: The 2000 Capital Budget was reviewed at the last meeting, which includes funding for the gas turbine project at Rawhide. Plans for the wind turbine site were discussed. The video conferencing equipment provided by PRPA, located in the Board Annex of the Municipal Building, is operational. The Board also approved purchase of the video conferencing equipment for Estes Park, Ft. Collins, and Loveland. In addition, it approved reimbursement to Longmont for equipment that had also been installed as part of the project. Financial Report: The August graphs were reviewed. Project Updates: Construction of the new Estes Substation began September lst and continues to be the Department's largest project. Director Matzke reported that there is a lot of river rock and sand on the site and contractors were able to save only one tree. A total of 22 trees were removed from the site, therefore, 44 trees will be planted in the spring as replacements. Director Matzke stated that the bike path will reopen September 17th. PRPA has a temporary construction office located next to the fire station. The transformers are scheduled to be delivered the second week of October, weather permitting, and the switchgear should arrive approximately one month later. There being no further business, Chairman Hix adjourned the meeting at 9:46 a.m. A..u Su.*e- Laurie Button, Light and Power Secretary
4 , 12555 Manchester Road St. Louis, MO 63131-3729 314-515-2000 EdwardJones Investment Banking Department September 23, 1999 VIA FACSIMILE & MAIL Mr. Monte L. Vavra Finance Officer Town of Estes Park P.O. Box 1200 170 McGregor Avenue Estes Park, CO 80517 Dear Mr. Vavra: I am writing to you regarding the City's plan to issue $3.5 million in revenue bonds for Light & Power. We at Edward Jones were extremely disappointed not to have been able to compete to serve as the City's underwriter. As a resident and a working professional in the community, I am greatly concerned that our City attain the best price and retain valuable investment dollars. I do not believe that the selection process of the City was as complete as it should have been. Early in the process I visited with you and expressed the eagerness of Edward Jones to compete to serve as your underwriter. Further, Ms. Julie Huss, a General Partner of our firm's Investment Banking Department, discussed with you our experience, Estes Park, Colorado state-wide and national marketing ability, and pricing expertise. At that time she.was told, and j was later informed by letter, that the City would only: be allowing two firms to cbmpetdifor' th€,btisiness:·1 w ··!C . ..' 34 4).J Th'esa firms, as we all know, are GeoPg-e K. Baum aritl U.S..Bancorp Piper Jaffrey.--Thetrationale 'stated in conversation, the letter dated 9/9/99 and yesterdaFs newspaper was that these firms had both wbrked with the City in the past and had alot of experience. These statements are both true, yet neither firm has worked with the City since 1993, thus a review and broadening of the competing firms seems reasonable. Edward Jones has managed 1,153 underwritings totalling over $21,000,000,000 since 1993. In addition, during that time period our capital has tripled and our locations throughout the United States have doubled, growing from 2,500 offices to 5,000, including the addition of my office in Estes Park. Currently, we have 76 offices throughout the state headed by 78 Investment Representatives. For your review we have prepared a comparison of Edward Jones with George,K. Baum and U.S. Bancorp Piper Jaffrey, on key statistics and national rankings which demonstrate the ability of a firm to underwrite market risk for issuers (capital) and distribute bonds locally (locations, brokers & employees). The source for the data provided is the Securities Industry Association Yearbook for 1999-2000, completed in mid- 1999. JONES Rank BAUM Rank PIPER Rank Offices 4,484 -; 1st . 19, ,,. '. 2 '2597th . -116' 37th Retail Investment Representatives 4,685 9th' » 72 - - ; 'rl,,190~.9 ~ 19th e... Embloyees . · , ·- j.,: r ·13,500 - . ,-7th . 325 3,151 24th Total Capital + , . ' r· ,; ;·t , $298 million . 3lst.- . -$13,million 142nd $116 million 29th ,-~.. A..... ~ 'F, * Not ranked _ 1 L In addition to the narrow field of competitors, I feel that the selection criteria as presented in the paper, could have been wider with respect to pricing. It was stated that the Baum was selected over Piper based in part on their low underwriting fee. However, there is no discussion about the long-term cost, i.e. the
Mr. Vavra September 23, 1999 PaRe 2 interest rates, proposed by both firms. There are two key costs that are controlled by the securities firm hired, the shorHerm underwriting fee and the long4erm interest rates. When the underwriting fees are combined with the total interest charged the Net Interest Costs (NIC) can be determined. NIC is the standard selection criteria for all competitive underwritings and many negotiated sales. Attached are the results of the last three bond issue selections for Southwest Missouri State University in Springfield, Missouri. The key criteria for the University is NIC. Based on this measure of total interest expense and total underwriter's expense, Jones consistently provides the lowest cost proposal beating several other national and regional firms. Please note that on each of the last three issues both Baum and Piper have competed and not attained the lowest cost. We at Edward Jones are confident that had when be able to compete for the City of Estes Park's business, we would have provided the lowest cost with the added benefit of marketing your bonds to your residents and keeping your principal and interest payments dollars local. I hope that the future allows Jones the opportunity to compete and me the opportunity to market Estes Park bonds to my clients in town. ..Smevely·3 C 91- 2(--0 l _§,4-nd V -investment Representative Estes Park CC: Richard Widmer Richard Dekker Greg White Sue Doylen Jeff Barker John Baudek George Hix Lori Jeffrey Stephen Gillette Julie Huss
Southwest Missouri State University Results of Requests for Proposals Requiring :'Indexed" Interest Rate Quotes · Interest rates quoted on a specified date and tied to the MMD 'AAA" Insured Scale. · No original issuance discounts (OID's) permitted. Unlimited underwriter's discount permitted. [Underwriters quote the discount that will, in their opinion, provide the best distribution and lowest interest rates] · Uniform assumptions respecting bond amount, term and structuring (level debt service). 1999 Results Net Interest Cost (NIC) Edward Jones 4.8063 Stifel Nicolaus 4.8289 Stern Brothers. 4.8609 U.S. Bankcorp Piper Jaffray 4.8771 UMB Bank 4.8780 A.G. Edwards 4.8803 George K. Baum 4.9170 Mercantile Bank 4.9225 1997 Results Net Interest Cost (NIC) Edward Jones 5.2937 Stifel, Nicolaus & Co., Inc. 5.3606 Stern Bro./NationsBank 5.4037 George K. Baum & Co. 5.4406 Piper Jaffray. Inc. 5.4707 Country Club/Central/Empire Banks 5.4708 UMB Bank 5.4716 A.G. Edwards & Sons, Inc. 5.5020 1993 Results Net Interest Cost (NIC) Edward Jones 5.2520 Piper, Jaffray, Inc. 5.3036 J.P. Morgan/Stern Bro. 5.3700 Stifel, Nicolaus & Co. 5.3845 A.G. Edwards/George K. Baum 5.5279 Boatmen's Bank 5.6801
TOWN OF ESTES PARK POWER and LIGHT ENTERPRISE $3,200,000 (est.) Electric Revenue Bonds Series 1999 Comments on Underwriting Recommendation • Proposals Letters were sought from George K. Baum and Company and U.S. Bancorp Piper Jaffray based on the following criteria: - Both firms have well-established Colorado bond departments with investment banking, trading, and institutional sales personnel located in Denver, making them readily accessible to the Town's financing team; - Both firms underwrite (on a senior-managed basis) a large volume of Colorado bonds annually; for example, - In 1998, Baum underwrote 38 Colorado issues totaling $335 million, while Piper underwrote 24 Colorado issues totaling $395 million; - Both firms are a "known quantity" in terms of bond underwriting, and have investment banking personnel with direct experience on Estes Park financings as well as good working relationships with Town personnel. • After reviewing the Proposal Letters, the Town's Finance Officer and Financial Advisor recommended George K. Baum to the Power and Light Committee, based on a lower fee proposal and a perceived better working knowledge of electric utility financings. • The recommendation was accepted by the Power and Light Committee. • The Bonds will be "bank-qualified" under the federal tax code, which means that the lowest-cost financing is usually achieved by selling the bonds to banks. However, the bonds will be available on a first-come, first-serve basis to interested residents of Estes Park.
TOWN OF ESTES PARK Electric Utility Enterprise Series 1999 Electric Revenue Bonds Revised Timetable of Events - September 24th, 1999 DATE EVENT September 24 Organizational Meeting October 13 Draft documents circulated October 18 Comments due on documents October 21 Revised documents circulated October 25 Final comments due on all documents; Documents sent to rating agencies and insurance companies November 3 Ratings/Insurance results received November 9 POS printed November 10 POS mailed to prospective investors November 18 Briefing of Power and Light Board November 22 Marketing of Bonds November 23 Bond Ordinance approved by Town Board December 28 Closing and delivery of proceeds
IRADFOROPUILISHING.O. RECORD OF PROCEEDINGS Community Development Committee September 23,1999 Committee: Chairman Barker, Trustees Doylen and Gillette Attending: Chairman Barker and Trustee Gillette Absent: Trustee Doylen Also Attending: Town Administrator Widmer, Directors Hinze, Kilsdonk, and Pickering, and Advertising Manager Marsh, Senior Center Director Thompson and Recording Secretary Wheatley Chairman Barker called the meeting to order at 8:00 a.m. 1. MARKETING a. Advertising Report: Manager Marsh reported that the advertising requests are up over 25% compared to last year and overall requests are approximately even due to the lack of state effort in our marketing area. This year the state only had $2,000,000 budgeted for tourism that mostly went to ski industry promotion. E-mail requests are up over 34% and Incoming WATS line calls are down slightly (-1.7%). New magazines tested this Fall include Readers Digest and National Geographic Adventure reaching over 12,000,000 households. We were in the 5280 Magazine since they did an article on non-1-70 colortrips for this Fall. Regionally we had ads in the Post and News for Fall color trips, the Scotsfest and a generic one that promoted weekends. The Year 2000 advertising plans have been finalized. We will run a TV schedule on Channel 4, October, November, and December, which will include Letterman & Rosie O'Donnell programs. b. Conference Center Report: Director Pickering presented a postcard that will be mailed to over 1,000 meeting planners. We also do ads in their quarterly newsletters. In a survey, meeting planners admitted that they see so many newsletters they don't take time to read them, so the postcard should be more effective. The postcards will be mailed the first of October when planners are preparing for next year's conferences. However, there is only one weekend available for Fall of 2000. Director Pickering reviewed comments from past groups. Handbell Ringers have rebooked for 2001 and are a very good conference since they provide an entertaining concert for the community. 2. MUSEUM/SENIOR CENTER a. Museum Monthly Report: Director Kilsdonk reviewed the activities of Friends of the Museum. Dr. Adkins will substitute for Curt Buchholtz at the Evening Out in 1899 event. Period dress is encouraged but not required. The museum is experimenting with charging for programs to help with funding. The computerization is an improvement since the items are handled less and are more easily retrievable and sortable. The exhibit schedule was reviewed with comments regarding the community support received. Through August 40% of the attendance goal has been reached.
BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - September 23,1999 - Page 2 b. Senior Center Monthly Report: Senior Center Director Thompson advised that the Special Transit additional service will begin on October 7. Funding is there for 2 days a week in the year 2000. The intergenerational luncheons with Kreative Kids were very successful and enjoyable for both groups. Tomorrow will be the "Bye-Bye Birdie Barbecue" which will be a farewell to our snowbirds. Seniors are raising all the funds necessary for the Heritage Garden. Memorial donations for Bill Marshall will be used for a gazebo in that garden. 3. SPECIAL EVENTS a. Event Evaluations: Hunter-Jumper Horse Show. The number of animals was up and all stalls were sold plus an additional 66 in a portable tent. They have asked for a 3-week contract for the year 2000. A change in dates may be required for the Westernaires to accommodate the longer contract. Westernaires. This youth group from Jefferson County had performances on two nights with attendance around 1100. b. Celebrate Estes - Request for street closure. Director Hinze requested approval to close Elkhorn Avenue from Riverside Drive to Moraine, and Moraine to Spruce Drive for the "Celebrate Estes" event on December 11 and 12. We're hoping to have reindeer this year and different singers and entertainment on the streets. Carriage rides will still be on the closed streets. The event will be limited to one weekend this year. Closure times will run from 9 a.m. on Saturday, December 11 through 6 p.m. on Sunday, December 12. The Committee recommends approval of the street closure as requested. c. Upcoming Events. The model train show is September 25 and 26 in Barn W at the Fairgrounds. It is a growing event. Rotary's Autumn Gold is also September 25 and 26 in Bond Park. Sale Days in October will be on the 9th and 100. The Elk Festival will be at the Fairgrounds on October 16 and 17. Lots of calls are coming in regarding these events. There will be guides to explain elk activities. Cabella's and Rocky Mountain Elk Foundation are participating sponsors in this year's Elk Festival. d. 1999-2000 Rooftop Rodeo Committee/Officer Appointments. Jo Adams, President Judy McPhee Mitch Brown, Vice President Sean Murray Jacquie Buckert Art Mutschler Trudy Cara de Salero Ruth Mutschler Carol Cunningham Bob Seifert Don Cunningham Mary Jo Seifert Rick Dill Janelle Urista Roy Erickson Joan Van Horn Shawn Frazier Ken Hobert, Honorary Debbie Holgersen, Secretary Chuck Thomas, Honorary Dave McPhee
BRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Community Development Committee - September 23, 1999 - Page 3 The Committee recommends approval of the 1999-2000 Rooftop Rodeo Committee as presented. e. Relocation of Sewer on West Side of Stanley Park. Estes Park Sanitation District has requested that their sewer line be relocated cutting through less than 40 feet of Stanley Park. Ron Duell representing EPSD reviewed the request and map. The original line was built for the power plant project and was supposed to have been temporary. He advised that Public Works Director Bill Linnane and Town Attorney Greg White have been consulted and it was agreed a utility easement was not required. The time frame for relocation will be this Fall. The Estes Park Sanitation District will move the line again if it is an issue in the future. Public Works Director Linnane stated that an easement would not benefit the Town; if the Sanitation District wanted an easement it could be done but with some additional research required due to a triangle of property in question. It would be acceptable if there were no easements. This is not a precedent and has been done before. The Committee recommends approval to allow the Estes Park Sanitation District to build the new sewer line across the designated portion of Stanley Park at their cost and their future cost if it becomes necessary to relocate. There being no further business, Chairman Barker adjourned the meeting at 8:54 a.m. 1444 lw-fi., {A)12 ntltu Meribeth Wheatley, Recording@ecretary
BRADFOROPUSLISHING.0. RECORD OF PROCEEDINGS Board of Adjustment September 14, 1999 Board: Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne Newsom and Al Sager Attending: Chair Baudek, Members Barker, Jeffrey, Newsom and Sager Also Attending: Senior Planner Joseph and Recording Secretary Wheatley Absent: None Chair Baudek called the meeting to order at 8:00 a.m. CONSENT AGENDA MINUTES The minutes of the August 10, 1999 meeting were accepted as presented. LOT 2, KENOFER ADDITION, JOHN & CAROL CONGER, APPLICANTS - VARIANCE REQUEST FROM SECTION 17.20.040 (b) (1) b OF THE MUNICIPAL CODE. Charles Phillips, designer for the applicant, explained the variance request. The lot is long and narrow with two-thirds being unbuildable due to a steep slope. The building could be built on the lot without the setback variance; however, the applicants wish to skew the building envelope in order to avoid looking directly into the neighbor's windows. The contours of the lot are also more compatible with the house on an angle. By allowing the variance, rock outcroppings on the east side of the driveway would also be spared. Lonnie Sheldon from Van Horn Engineering also pointed out the advantages of grading, lessening site disturbance and improved driveway approach. Due to the contours of the land, a walk-out basement is more workable on the skew. The angle on the driveway would also be less. He noted that one of the adjacent property owners, Sam Gates, was inadvertently left off the application list. They met with him yesterday to review the site and variance request. John Conger, applicant, commented that at the time they purchased the property, they were told it was in the County and had 15 foot setbacks. They have also spoken with their neighbors just below who were pleased that the house would be angled away from the neighbor's back windows. Sam Gates, adjacent properly owner to the west, was just apprised yesterday. He asked for clarification of the setback requirements. Commissioner Sager pointed out that the setback for E estate in the county (property to the west) is 50 feet. Town setbacks for this site is 25 feet from all lot lines. The variance would affect only the west property line setback. The original plat indicated that the property was E-estate. When Charles Phillips contacted the county, they advised setbacks were 50 feet, but when asked about this particular piece of property, someone advised it would only be 15 feet. Since he did not get a name, no one will confirm that now. Senior Planner Joseph briefly reviewed the staff report. He understands the purpose of the site plan and that it is more considerate of the neighbors; however, it is still
BAADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Board of Adjustment September 14,1999 Page 2 staff's opinion that the applicant has not demonstrated the required need or hardship. The building can be built on the property without the need for a variance. He also noted that there have been no public comments, written or phoned, regarding this variance. Commissioner Newman commented that after looking at the site, he agrees with the reasons for the variance. Commissioner Sager noted that even though there is a 50- foot setback for the property to the west, it could possibly be annexed into the city so that properly line deserved the required setback as well. It was moved and seconded (Sager/Jeffrey) to deny the variance request for Lot 2, Kenofer Addition and it passed unanimously. REPORTS Commissioner Sager expressed his appreciation to Van Hom Engineering for having the building envelope and property corner staked. Chair Baudek requested Staff for a report on the issue of better staking and marking of building and property lines on subject variance sites. Senior Planner Joseph advised that a more explicit requirement is being considered in the proposed Development Code. In the meantime, Staff will request more detailed staking on the properties. Lonnie Sheldon from Van Horn Engineering noted that there is a serious complication of staking out property lines due to legal ramifications of state statutes. If you put in a stake that represents a properly line, it must be platted. Commissioner Newman requested that packets be distributed on Wednesday before the meeting if at all possible. There being no further business, Chair Baudek adjourned the meeting at 8:32 a.m. 740 4 Ld-A J t.,0-6ill,£,r Meribeth Wheatley, Recordin*ecretary
ORDINANCE NO. 7-99 AN ORDINANCEFORMALLY ESTABLISHING A LIGHT ANDPOWER ENTERPRISE UNDER STATE LAW WITHIN THE TOWN OF ESTES PARK, COLORADO; ACKNOWLEDGING THAT SUCH LIGHT AND POWER ENTERPRISE HAS THE AUTHORITY TO ISSUE ITS OWN REVENUE BONDS; MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH ENTERPRISE; PROVIDING OTHER DETAILS IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Estes Park (the "Town") previously has established and operated its light and power enterprise for the benefit of the citizens of the Town and other customers; and WHEREAS, the Town of Estes Park, Larimer County, Colorado (the "Town") desires to formalize the establishment of its light and power enterprise (the "Enterprise") under state law; and WHEREAS, the members ofthe governing body of the Town (the "Board") are willing and intend to act as the governing body of the Enterprise; and WHEREAS, in order to be qualified as an enterprise under Article X, Section 20 of the Colorado Constitution ("TABOR"), the Enterprise must be a business owned by a district, must receive under ten percent of its annual revenues in grants from all Colorado state and local governments combined, and must be authorized to issue its own revenue bonds pursuant to applicable law; and WHEREAS, "district" is defined in TABOR to include municipalities; and WHEREAS, "grant" in the context of TABOR means a cash payment ofpublic funds made directly to an enterprise by the state or a local governmental entity or a district, which cash payment is not required to be repaid; and WHEREAS, the Town is a district under TABOR which under Title 31, Article 35, Part 4, and Title 31, Article 15, Part 302, Colorado Revised Statutes ("C.R.S."), has its own revenue bonding authority and which will be the sole owner of the Enterprise; and WHEREAS, the Town's light andpowerenterprise fund atpresent receives undertenpercent of its annual revenues in grants from all Colorado state and local governments combined and the Town presently intends to insure that the light and power enterprise fund will continue to receive under ten percent of its revenues from such grants; and WHEREAS, pursuant to Section 31-15-302(d), C.R.S., the Town, through its governing body, may borrow money for the municipal purpose of supplying electricity; and #538382 3
WHEREAS, the Board has determined that it is in the best interest ofthe Town to designate its light and power enterprise fund and its light and power system, facilities, and activities as a "light and power enterprise" pursuant to TABOR; and WHEREAS, all capitalized words and terms used in this enterprise ordinance (the "Enterprise Ordinance") shall have the meanings set forth therefor in these recitals; THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO: Section 1. Formal Establishment of the Enterprise. The Town hereby formally establishes the Enterprise as an agency of the Town and designates it as the "Town of Estes Park, Light and Power Enterprise". It shall be the purpose ofthe Enterprise to pursue or continue all ofthe Town's light and power activities, including the purchase of electrical energy and the distribution of electrical energy to the Town's customers. In connection with the purchase and distribution of electrical energy, the Enterprise shall be responsible for, among other things, the construction, operation, repair, and replacement of electric power distribution facilities, and administration, using revenues and income generated by and earned or acquired in connection with its light and power activities and held and managed in the Town's light and power enterprise fund. As between the Town and the Enterprise, alllight and power activities will be deemed done and furnished by the Enterprise. Section 2. Enterprise Excluded from the Provisions of TABOR. Pursuant to and in accordance with the TABOR, the Enterprise shall be excluded from the provisions of TABOR and shall be entitled to impose rates, fees, tolls, and charges; collect and spend revenues; issue its own revenue bonds; and construct, operate, and maintain facilities and provide light and power services; all without reference or regard to the limitations contained in TABOR. Section 3. Governing Body. The members of the Board shall serve as the governing body of the Enterprise and shall be known collectively as the Board of Directors of the Enterprise (the "Enterprise Board"). Acting as the Enterprise Board, the Board may exercise the Town's legal authority relating to light and power activities. The Enterprise Board hereby is directed to take all actions necessary to cause the Enterprise to comply with all applicable laws. Section 4. Powers of the Enterprise. The Enterprise shall have all powers and authority granted to municipalities in connection with light and power activities by the provisions of the Title 31, Article 15, C.R.S.; the power to contract with any person or entity, including other districts and other enterprises qualified under TABOR; and the power to issue and reissue revenue bonds through its governing body. Section 5. Enterprise Obligations and Town Obligations. In consideration ofthe Enterprise's commitment to provide light and power services for which the Town actually is obligated and to collect and spend revenues from rates, fees, tolls, and charges imposed by the Town, the Town hereby agrees to continue to provide administrative services for the Enterprise and its activities, to continue to hold title to and own all of the assets currently owned by the Town and necessary to the #538382 4
operation o f the Enterprise (including but not limited to the electrical energy distribution system), and to impose all rates, fees, tolls, and charges for light and power activities. The relationship between the Town and the Enterprise with respect to the administration of the Enterprise, the operation ofthe light and power activities, and the duties and responsibilities of each party shall be as herein set forth and as may be delineated and clarified from time to time in a joint resolution of the Board and the Enterprise Board which may be adopted at any time when this Enterprise Ordinance is in full force and effect ("Joint Resolution"). Section 6. Transactions in the Name ofthe Town. Any and all transactions of the Enterprise may be done in the name ofthe Town or in the name ofthe Enterprise and neither this Section 6 nor any transaction entered into pursuant to it shall alter or abrogate the relationship ofthe Town and the Enterprise as established in Section 5 of this Enterprise Ordinance and as may be further clarified from time to time in a Joint Resolution. Section 7. Findings of the Board. The Board hereby makes the following findings with respect to the establishment of the Enterprise: (a) The Town's light and power enterprise fund; electrical energy purchased from whatever source; light and power facilities, including the Town's electrical energy distribution system; and all appurtenances, shall comprise the Enterprise which shall be and is the light and power business owned by the Town. (b) The Enterprise shall be and is an agency ofthe Town for the purpose and within the meaning ofthe following: (i) Title 24, Article 10, Part 1, Colorado Revised Statutes, the "Colorado Governmental Immunity Act; (ii) Title 29, Article 1, Part 6, Colorado Revised Statutes, the "Colorado Local Government Audit Law"; (iii) Title 29, Article 1, Part 1, the "Local Government Budget Law of Colorado"; and (iv) all other local, state, and federal laws, rules, and regulations. (c) The establishment ofthe Enterprise is necessary to continue to provide a reliable light and power supply for domestic use by the inhabitants ofthe Town and other domestic customers of the Enterprise and to continue to provide light and power for use by certain federal government agencies located within or in proximity to the Town. (CD The Town has the authority to conduct light and power activities and is the sole owner of the Enterprise. The Town has revenue bonding authority for light and power activities pursuant to Title 31, Article 15, Part 3, C.R.S. 5 #533382
(e) The Enterprise receives under ten percent of its annual revenues in grants from all Colorado state and local governments combined, having received (as the Town's light and power enterprise fund) none of its revenues for the 1998 fiscal year from state and local grants and expecting to receive only $150,000 (1.99%) of its total expected revenues ($7,532,828) for the 1999 fiscal year from such sources. (f) Pursuant to this Enterprise Ordinance, the Enterprise is authorized to issue its own revenue bonds. (g) The Enterprise does not and shall not levy any tax whatsoever, nor shall any rates, tolls, fees, or charges collected and spent by the Enterprise ever be deemed to be taxes for any purpose under any law, rule, or regulation, whether local, state, or federal. Section 8. Termination. The Enterprise shall remain in existence at the will ofthe Board and in accordance with law. In the event that the Enterprise is terminated by operation of law or by act of the Board, any and all assets of the Enterprise, immediately and without the need for further action, shall be deemed to be and shall be assets of the Town. Section 9. Repealer. All orders, rules, regulations, resolutions, and ordinances ofthe Town, or parts thereof, inconsistent or in conflict with this Enterprise Ordinance, hereby are repealed to the extent only of such inconsistency or conflict. Section 10. Severability. If any section, paragraph, clause, or provision of the Enterprise Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any ofthe remaining provisions of this Enterprise Ordinance, the intent being that the same are severable. Section 11. Effective Date: Recording and Authentication. This Enterprise Ordinance shall be effective immediately upon its adoption. This Enterprise Ordinance shall be recorded in a book kept for that purpose, shall be authenticated by the signature of the Mayor and attested by the Town Clerk, and shall be published in accordance with law. #538382 6
Section 12. Emergency Provisions. By reason of the facts that: (1) the Town and its inhabitants must be properly and adequately supplied with light and power and it is necessary to issue bonds immediately to finance the costs and expenses of extending and improving the light and power facilities and (2) it is necessary to document the enterprise status ofthe Enterprise before such bonds may be issued; it is hereby declared that an emergency exists, that this Enterprise Ordinance is necessary to the immediate preservation of the public peace, health, and safety, and that it shall be in full force and effect upon adoption and publication according to law. INTRODUCED, APPROVED, AND FINALLY PASSED AS AN EMERGENCY ORDINANCE BY THE AFFIRMATIVE VOTES OF THREE-QUARTERS OF THE MEMBERS OF THE BOARD this 28th day of September, 1999. (SEAL) Mayor ATTEST: Town Clerk #538382 7
It was thereupon moved by Trustee and seconded by Trustee that the foregoing Enterprise Ordinance be finally passed and adopted. Those voting AYE: Those voting NAY: Not less than three-quarters of the members ofthe Board having voted in favor of the motion, the presiding officer thereupon declared the motion carried and the Enterprise Ordinance finally passed and adopted as an emergency ordinance. Thereupon, after consideration of other business to come before the Board, the meeting was adjourned. (SEAL) Mayor ATTEST: Town Clerk #538382 8
ORDINANCE NO. 8-99 AN ORDINANCEESTABLISHING A WATER ACTIVITY ENTERPRISE UNDER STATE LAW WITHIN THE TOWN OF ESTES PARK, COLORADO; ACKNOWLEDGING THAT SUCH WATER ACTIVITY ENTERPRISE HAS THE AUTHORITY TO ISSUE ITS OWN REVENUE BONDS UNDER STATE LAW; MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH ENTERPRISE; PROVIDING OTHER DETAILS IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Estes Park, Larimer County, Colorado (the "Town") desires to establish a water activity enterprise (the "Enterprise") under state law; and WHEREAS, the members ofthe governing body ofthe Town (the "Board") are willing and intend to act as the governing body of the Enterprise; and WHEREAS, pursuant to Title 37, Article 45.1, Part 1, Colorado Revised Statutes, (the "Act"), the establishment of water activity enterprises within or by entities of state and local government is critical to the hedlth and welfare of the people of the State of Colorado; and WHEREAS, the Act defines a "water activity enterprise" to include any water activity business owned by a district, which enterprise receives under ten percent of its annual revenues in grants from all Colorado state and local governments combined and which is authorized to issue its own revenue bonds pursuant to this article or any other applicable law; and WHEREAS, "district" is defined in the Act to include municipalities; and WHEREAS, "water activity" is defined in the Act to include but not be limited to the diversion, storage, carriage, delivery, distribution, collection, treatment, use, reuse, augmentation, , exchange, or discharge ofwater as well as the provision ofwholesale or retail water or storm water services and the acquisition of water or water rights; and WHEREAS, "grant" in the context of the Act means a cash payment of public funds made directly to a water activity enterprise by the state or a local governmental entity or a district, which cash payment is not required to be repaid; and WHEREAS, the Town is a district under the Act, has its own revenue bonding authority under Title 31, Article 35, Part 4, Colorado Revised Statutes ("C.R.S."), and will be the sole owner of the Enterprise; and WHEREAS, the Town's water activity, until now known as the water enterprise fund, at present receives under ten percent of its annual revenues in grants from all Colorado state and local governments combined and the Town presently intends to insure that the water activity enterprise will continue to receive under ten percent of its revenues from such grants; and #541586
WHEREAS, the Act provides at Section 37-45.1-104, Colorado Revised Statutes, that each water activity enterprise, through its governing body, may issue or reissue revenue bonds in accordance with and through the provisions of Section 37-45.1-104(2), C.R.S.; and WHEREAS, the Board has determined that it is in the best interest ofthe Town to designate its water enterprise fund and its water activities as a "water activity enterprise" pursuant to the Act and Article X, Section 20 of the Colorado Constitution ("TABOR";) and WHEREAS, all capitalized words and terms used in this enterprise ordinance (the "Enterprise Ordinance") shall have the meanings set forth therefor in these recitals; THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO: Section 1. Establishment ofthe Enterprise. The Town hereby establishes the Enterprise as an agency of the Town and formally designates it as the "Town of Estes Park, Water Activity Enterprise". It shall be the purpose of the Enterprise to pursue or continue all ofthe Town's water activities, including those defined in the Act, such as water acquisition or water project or facility activities, including the construction, operation, repair, and replacement of water facilities, and administration, using revenues and income generated by and earned or acquired in connection with such water activities and held and managed in the Town's water enterprise fund. As between the Town and the Enterprise, all water activities will be deemed done and furnished by the Enterprise. Section 2. Enterprise Excluded from the Provisions of TABOR. Pursuant to and in accordance with the Act, the Enterprise shall be excluded from the provisions of TABOR and shall be entitled to impose rates, fees, tolls, and charges; collect and spend revenues; issue revenue bonds; and construct, operate, and maintain facilities and provide water services; all without reference or regard to the limitations contained in TABOR. Section 3. Governing Body. The members of the Board shall serve as the governing body of the Enterprise and shall be known collectively as the Board of Directors of the Enterprise (the "Enterprise Board"). Acting as the Enterprise Board, the Board may exercise the Town's legal authority relating to water activities as defined in the Act. The Enterprise Board hereby is directed to take all actions necessary to cause the Enterprise to comply with all applicable laws. Section 4. Powers of the Enterprise. The Enterprise shall have all powers and authority granted to water activity enterprises by the provisions of the Act, including but not limited to the power to conduct and continue water activities as defined in the Act; the power to contract with any person or entity, including other districts as defined in the Act and other water activity enterprises as defined in the Act; and the power to issue and reissue revenue bonds through its governing body in accordance with and through the provisions of Section 37-45.1-104(2), C.R.S. Section 5. Enterprise Obligations and Town Obligations. In consideration ofthe Enterprise's commitment to provide water services for which the Town actually is obligated and to collect and spend revenues from rates, fees, tolls, and charges imposed by the Town, the Town hereby agrees #541586 4
to continue to provide administrative services for the Enterprise and its activities, to continue to hold title to and own all of the assets currently owned by the Town and necessary to the operation of the Enterprise, to levy taxes for and pay debt service on general obligations ofthe Town incurred in the past to finance the acquisition, construction, and installation of water facilities and improvements, and to impose all rates, fees, tolls, and charges for water activities. The relationship between the Town and the Enterprise with respect to the administration of the Enterprise, the operation of the water activities, and the duties and responsibilities of each party shall be as herein set forth and as may be delineated and clarified from time to time in a joint resolution of the Board and the Enterprise Board which may be adopted at any time when this Enterprise Ordinance is in full force and effect ("Joint Resolution"). Section 6. Transactions in the Name ofthe Town. Any and all transactions ofthe Enterprise may be done in the name of the Town or in the name ofthe Enterprise and neither this Section 6 nor any transaction entered into pursuant to it shall alter or abrogate the relationship ofthe Town and the Enterprise as established in Section 5 of this Enterprise Ordinance and as may be further clarified from time to time in a Joint Resolution. Section 7. Findings of the Board. The Board hereby makes the following findings with respect to the establishment of the Enterprise: (a) The Town's water enterprise fund, water rights, water facilities, and appurtenances all shall comprise the Enterprise which shall be and is the water activity business owned by the Town. (b) The Enterprise shall be and is an agency ofthe Town for the purpose and within the meaning ofthe following: (i) Title 24, Article 10, Part 1, Colorado Revised Statutes, the "Colorado Governmental Immunity Act; (ii) Title 29, Article 1, Part 6, Colorado Revised Statutes, the "Colorado Local Government Audit Law"; (iii) Title 29, Article 1, Part 1, the "Local Government Budget Law ofColorado"; and (iv) all other local, state, and federal laws, rules, and regulations. (c) The establishment ofthe Enterprise is necessary to provide a secure water supply for domestic use by the inhabitants of the Town and other domestic customers of the Enterprise; to continue to provide water for agricultural use; to supply water for power, milling, manufacturing, mining, metallurgical, fish, wildlife, recreational, and all other beneficial uses; to treat, reclaim, conserve, recharge, augment, exchange, or reuse water supplies; and to provide wholesale and retail water supply services. #541586 5
(d) The Town has the authority to conduct water activities as defined in the Act and is the sole owner of the Enterprise as required by the Act. The Town has revenue bonding authority for water activities pursuant to Title 31, Article 35, Part 4, C.R.S., all as required by the Act. (e) The Enterprise receives under ten percent of its annual revenues in grants (as defined in the Act) from all Colorado state and local governments combined, having received (as the Town's water enterprise fund) none of its revenues for the 1998 fiscal year from state and local grants and expecting to receive none of its revenues for the 1999 fiscal year from such sources. (f) Pursuant to the Act, the Enterprise is authorized to issue its own revenue bonds. (g) The Enterprise does not and shall not levy any tax whatsoever, nor shall any rates, tolls, fees, or charges collected and spent by the Enterprise ever be deemed to be taxes for any purpose under any law, rule, or regulation, whether local, state, or federal. Section 8. Termination. The Enterprise shall remain in existence at the will ofthe Board and in accordance with law. In the event that the Enterprise is terminated by operation of law or by act of the Board, any and all assets of the Enterprise, immediately and without the need for further action, shall be deemed to be and shall be assets of the Town. Section 9. Repealer. All orders, rules, regulations, resolutions, and ordinances ofthe Town, or parts thereof, inconsistent or in conflict with this Enterprise Ordinance, hereby are repealed to the extent only of such inconsistency or conflict. Section 10. Severability. If any section, paragraph, clause, or provision of the Enterprise Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any ofthe remaining provisions of this Enterprise Ordinance, the intent being that the same are severable. Section 11. Effective Date; Recording and Authentication. This Enterprise Ordinance shall be effective immediately upon its adoption. This Enterprise Ordinance shall be recorded in a book kept for that purpose, shall be authenticated by the signature ofthe Mayor and attested by the Town Clerk, and shall be published in accordance with law. Section 12. Emergency Provisions. By reason of the facts that: (1) the Town and its inhabitants must be properly and adequately supplied with water and it is necessary to issue bonds immediately to finance the costs and expenses of extending and improving the water facilities and (2) it is necessary to document the enterprise status of the Enterprise before such bonds may be issued; it is hereby declared that an emergency exists, that this Enterprise Ordinance is necessary to the immediate preservation of the public peace, health, and safety, and that it shall be in full force and effect upon adoption and publication according to law. #541586 6
INTRODUCED, APPROVED, AND FINALLY PASSED AS AN EMERGENCY ORDINANCE BY THE AFFIRMATIVE VOTES OF THREE-QUARTERS OF THE MEMBERS OF THE BOARD this 28th day of September, 1999. (SEAL) Mayor ATTEST: Town Clerk #541586
It was thereupon moved by Trustee and seconded by Trustee that the foregoing Enterprise Ordinance be finally passed and adopted. Those voting AYE: Those voting NAY: Not less than three-quarters of the members of the Board having voted in favor of the motion, the presiding officer thereupon declared the motion carried and the Enterprise Ordinance finally passed and adopted as an emergency ordinance. Thereupon, after consideration of other business to come before the Board, the meeting was adjourned. (SEAL) Mayor ATTEST: Town Clerk #541586 8