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10-29-01 Town Council Packet � � I� KT r � - a � - o � 'J r--aA.0411r- SNOWMASS VILLAGE TOWN COUNCIL SPECIAL MEETING AGENDA OCTOBER 29, 2001 CALL TO ORDER AT 9:30 A.M. Item No. 1: ROLL CALL REGULAR AGENDA Item No. 2: EMERGENCY ORDINACE NO. 27, SERIES OF 2001 AN ORDINANCE ISSUING BONDS FOR THE DALY TOWNHOME EMPLOYEE HOUSING PROJECT -- Steve Connor/Marianne Rakowski ......................Page 1 (Tab A) Item No. 3: RESOLUTION NO. 46, SERIES OF 2001 A RESOLUTION EXPRESSING INTENT TO ACQUIRE THE WOODRUN V DUMPSTER SITE -- Steve Connor/Hunt Walker............................... Page 16 (Tab B) Item No. 4 : ADJOURNMENT NOTE: ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. TOWN COUNCIL COMMUNIQUE Meeting Date: October 29, 2001 Presented By: Stephen R. Connor, Town Attorney Marianne Rakowski, Finance Director Subject: ORDINANCE NO. 27, SERIES OF 2001 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, CONCERNING THE SNOWMASS VILLAGE BUILDING AUTHORITY; DIRECTING THE TOWN TO SELL CERTAIN EXISTING TOWN-OWNED IMPROVEMENTS TO THE AUTHORITY; AUTHORIZING, APPROVING AND DIRECTING THE EXECUTION AND DELIVERY BY THE TOWN OF A RELATED GROUND LEASE AGREEMENT TO BE ENTERED INTO BETWEEN THE TOWN AS LESSOR AND THE AUTHORITY AS LESSEE, A LEASE PURCHASE AGREEMENT TO BE ENTERED INTO BETWEEN THE AUTHORITY AS LESSOR AND THE TOWN AS LESSEE, AND OTHER DOCUMENTS INCIDENTAL THERETO, ALL FOR THE PURPOSE OF FINANCING A PORTION OF THE COST OF A CERTAIN HOUSING PROJECT; APPROVING THE AUTHENTICATION AND DELIVERY BY THE AUTHORITY OF CERTIFICATES OF PARTICIPATION AND THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A MORTGAGE AND INDENTURE OF TRUST, A CERTIFICATE PURCHASE AGREEMENT, AND OTHER DOCUMENTS INCIDENTAL THERETO; APPROVING THE EXECUTION AND DISTRIBUTION OF A RELATED OFFICIAL STATEMENT; AND AUTHORIZING AND APPROVING THE TAKING OF ALL OTHER ACTIONS NECESSARY OR APPROPRIATE FOR THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE; AND DECLARING AN EMERGENCY. Overview: The Ordinance is an emergency ordinance authorized by the Home Rule Charter. The Ordinance must be adopted to facilitate the issuances of the Certificates of Participation to partially fund the construction cost for the Daly Townhomes. Marianne Rakowski will provide you with an analysis of the financial aspects of the Ordinance at the meeting. Recommendation: Adopt the Ordinance. =SI sr Daly Townhome Financing Construction Funding Financing Financin $ 3,429,096 Town Subskl $ 2,077,283 Inl inc on bond proceeds $ 34,621 Available for construction $ 5,541,000 BOND FINANCING Bond Costs Bond Financing Bank/Bond Principal $ 3,970,000 Interest $ 483,009 Total $ 4,453,009 Repayment of Bonds Sale of Units $ 3,820,000 Capitalized Interest $ 64,807 Debt Service Reserve Fund $ 397,000 Interest on DSRF $ 39,700 Interest on Cap Interest $ 575 Interest on Sale Proceeds $ 127,658 Partial interest on DSRF $ 9,352 Total $ 4,459,092 NET PROFIT/(LOSS) $ 6,083 ii6CSCiii DAL Y TOWN HOME PURCHASE ESTIMATES Sale of Units 10. 3 BEDROOM UNITS $ 250,000 6-2 BEDROOM UNITS $ 220,000 TOTAL SALES PRICES $ 3,820,000 I TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE NO. 27 s SERIES OF 2001 6 7 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, e COLORADO, CONCERNING THE SNOWMASS VILLAGE BUILDING AUTHORITY; 9 DIRECTING THE TOWN TO SELL CERTAIN EXISTING TOWN-OWNED 10 IMPROVEMENTS TO THE AUTHORITY; AUTHORIZING,APPROVING AND DIRECTING 11 THE EXECUTION AND DELIVERY BY THE TOWN OF A RELATED GROUND LEASE 12 AGREEMENT TO BE ENTERED INTO BETWEEN THE TOWN AS LESSOR AND THE 13 AUTHORITY AS LESSEE,A LEASE PURCHASE AGREEMENT TO BE ENTERED INTO 14 BETWEEN THE AUTHORITY AS LESSOR AND THE TOWN AS LESSEE,AND OTHER is DOCUMENTS INCIDENTAL THERETO, ALL FOR THE PURPOSE OF FINANCING A 16 PORTION OF THE COST OF A CERTAIN HOUSING PROJECT; APPROVING THE 17 AUTHENTICATION AND DELIVERY BY THE AUTHORITY OF CERTIFICATES OF 19 PARTICIPATION AND THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A 19 MORTGAGE AND INDENTURE OF TRUST, A CERTIFICATE PURCHASE 20 AGREEMENT,AND OTHER DOCUMENTS INCIDENTAL THERETO; APPROVING THE 21 EXECUTION AND DISTRIBUTION OF A RELATED OFFICIAL STATEMENT; AND 22 AUTHORIZING AND APPROVING THE TAKING OF ALL OTHER ACTIONS 23 NECESSARY OR APPROPRIATE FOR THE CONSUMMATION OF THE 24 TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE; AND DECLARING AN 25 EMERGENCY. 26 27 WHEREAS, the Snowmass Village Building Authority (the "Authority") is a 29 nonprofit corporation duly organized, existing and in good standing under the laws of the 29 State of Colorado (the "State"); and 30 31 WHEREAS, pursuant to its Articles of Incorporation, the Authority has been 32 organized forthe purpose, among others, of assisting in projects benefitting the citizens of 33 the Town of Snowmass Village, Colorado (the"Town"), including assistance by borrowing 34 funds; is authorized to do everything necessary, advisable or convenient for the 36 accomplishment of such purposes; has all powers, rights and authority conferred upon 36 nonprofit corporations by the Colorado Nonprofit Corporation Act, as the same may be 37 amended from time to time; and has all powers and rights necessary, advisable or 39 convenient to the attainment of its purposes and not otherwise denied nonprofit 39 corporations under Colorado law; and 40 41 WHEREAS, the Town Council of the Town (the "Council') has hereby 42 approves the Articles of Incorporation and By-Laws of the Authority; and 43 44 WHEREAS, Section 1.4 of the Charter of the Town (the"Charter")authorizes 45 the Town Council of the Town (the "Council')to participate in trusts, funds, foundations or 46 other entities designed to receive and expend funds for public purposes including the -'3-- Ordinance No. 27, Series of 2001 Page 2 47 acquisition, construction,financing of or otherwise providing for housing for residents of low 48 or moderate income; and 49 50 WHEREAS, pursuant to Section 10.11 of the Charter as well as the 51 general-law powers of Colorado municipalities as incorporated by Sections 1.2, 1.3 and 1.4 52 of the Charter, the Council is authorized to enter into contracts and to lease (as lessee or 53 lessor and sell property; and 54 55 WHEREAS, the Council has determined that it is necessary, desirable and 56 appropriate and in the best interests of the Town and its citizens and inhabitants(i)thatthe 57 Town finance a portion of the cost of a housing project and related improvements, 58 consisting of a multiple unit project and related facilities and equipment (the "Financed 59 Project"), units in which Financed Project are expected to be sold to persons of moderate 60 income; (ii) that funds therefor be raised by conveying to the Authority a ground lease 61 interest in certain land owned by the Town and selling to the Authority certain existing 62 improvements thereon generally known as the Operations Center (the "Leased 63 Improvements"); and (iii) that the Lease Purchase Agreement dated as of November 1, 64 2001 (the"Lease")(which consists of an original term and a series often renewal terms,all 65 of one year or less) and the Ground Lease dated as of October 31, 2001 (the "Ground 66 Lease") be entered into for such purposes; and 67 68 WHEREAS, the Authority will lease the Land (as defined in the Ground Lease and 69 the Lease)from the Town pursuant to the Ground Lease, and the Town will sublease the 70 Land and lease the Leased Improvements, as further defined and provided in the Lease) 71 from the Authority pursuant to the Lease; and 72 73 WHEREAS, pursuant to that certain Mortgage and Indenture of Trust dated 74 as of November 1, 2001 (the "Indenture"), the Authority's interest in the Lease and the 75 Ground Lease with certain exceptions)will be assigned to The Bank of Cherry Creek, N.A., 76 as trustee (the "Trustee"), for the benefit of the registered owners of Certificates of 77 Participation (the"Certificates,"as further defined in the Indenture)evidencing assignments 78 of proportionate interests in the Authority's rights to receive certain payments under the 79 Lease and as provided in the Indenture; and 80 81 WHEREAS, proceeds from the sale of the Certificates pursuant to the 82 Indenture will be used by the Authority to pay to the Town the purchase price for the 83 Leased Improvements, which payments will be used by the Town to pay costs relating to 84 the Financed Project, all as further provided in the Lease and in the Indenture; and 85 Ordinance No. 27, Series of 2001 Page 3 86 WHEREAS,the Base Rentals and Additional Rentals (both as defined in the 87 Lease) payable by the Town under the Lease shall constitute currently budgeted and 88 appropriated expenditures of the Town, and neither the Base Rentals, the Additional 89 Rentals nor any provision of the Lease shall constitute or give rise to a multiple fiscal year 90 financial obligation, general obligation, bonded indebtedness or other indebtedness of the 91 Town nor a mandatory charge or requirement against the Town in any ensuing fiscal year 92 beyond the then current fiscal year, nor shall the Lease directly or indirectly obligate the 93 Town to make any payments beyond those appropriated forthe Town's then current fiscal 94 year; and 95 96 WHEREAS,with respect to the transactions contemplated bythis ordinance, 97 the Town is obligated only underthe Lease and the Ground Lease, and the assignments of 98 certain rights and interests of the Authority under the Lease and the Ground Lease 99 pursuant to the Indenture and the Certificates do not create any additional obligations on 100 the part of the Town other than as provided for in the Lease and the Ground Lease; and 101 102 WHEREAS,there have been presented to the Council meeting at which this 103 ordinance is approved on first introduction, preliminary forms of the Lease, the Ground 104 Lease, the Indenture, the Deed, a Certificate Purchase Agreement and a Preliminary 105 Official Statement; and there have been presented to the Council meeting at which this 106 ordinance is finally approved and adopted, substantially final forms of all such documents 107 and instruments. 106 109 NOW,THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE 110 TOWN OF SNOWMASS VILLAGE: 111 112 Section 1. All actions heretofore taken (not inconsistent with the provisions 113 of this ordinance) by the Council or the officers of the Town, directed toward approval of 114 the Lease and the Ground Lease by the Town and consummation of the transactions 115 contemplated by this ordinance, are hereby ratified, approved and confirmed. 116 117 Section 2. The Council hereby directs (subject to consummation of the 118 other transactions contemplated by this ordinance)that the Leased Improvements be sold 119 and conveyed to the Authority. The Mayor and the Town Clerk are hereby authorized and 120 directed to execute and deliver the Deed and such other instruments of conveyance as 121 may be necessary or appropriate to sell and convey title to the Leased Improvements to 122 the Authority. The proceeds of the Certificates, net of underwriter's discount, net of 123 accrued interest and net of capitalized interest, shall be paid by the Authority to the Town Ordinance No. 27, Series of 2001 Page 4 124 as the purchase price for the Leased Improvements, and such purchase price shall not be 125 less than $3,902,831.98 126 12? Section 3. The Ground Lease, in substantially the form presented to the 128 Council meeting at which this ordinance is finally approved and adopted, is in all respects 129 authorized, approved and confirmed. The Mayor and the Town Clerk are hereby 130 authorized and directed to execute and deliver the Ground Lease, in substantially the form 131 and with substantially the same content as presented to the Council meeting at which this 132 ordinance is finally approved and adopted, for and on behalf of the Town. 133 134 Section 4. The Lease, in substantially the form presented to the Council 135 meeting at which this ordinance is finally approved and adopted, is in all respects 136 authorized, approved and confirmed. The Mayor and the Town Clerk are hereby 137 authorized and directed to execute and deliver the Lease, in substantially the form and with 138 substantially the same content as presented to the Council meeting at which this ordinance 139 is finally approved and adopted, for and on behalf of the Town. 140 141 Section 5. The Town hereby acknowledges and approves: (i) the 142 execution and delivery by the Authority of the Indenture, in substantially the form and with 143 substantially the same content as presented to the Council meeting at which this ordinance 144 is finally approved and adopted, and the assignment by the Authority to the Trustee, 145 pursuant to the Indenture, of the Authority's right,title and interest in the Ground Lease and 146 the Lease (with certain exceptions as provided in the Lease and the Indenture); (ii) the 147 authentication and delivery by the Authority of the Certificates, as provided in the 148 Indenture; and (iii) the execution and delivery by the Authority of the Certificate Purchase 149 Agreement, in substantially the form and with substantially the same content as presented 150 to the Council meeting at which this ordinance is finally approved and adopted. The Town 151 hereby approves of the Articles of Incorporation and By-Laws of the Authority. Pursuant to 152 Article XII of the By-Laws of the Authority, the Town hereby approves the issuance of the 153 Certificates as obligations of the Authority and the projected programs and expenditures of 154 the Authority constituting a part of or incidental to the transactions contemplated by this 155 ordinance. 156 157 Section 6. The Town hereby approves of actions taken or to be taken by 158 appropriate officers of the Authority, and authorizes and approves of actions taken or to be 159 taken by appropriate officers of the Town, to confirm the distribution by Kirkpatrick, Pettis, 160 Smith, Polian, Inc. of the Preliminary Official Statement to prospective purchasers of the 161 Certificates and to approve the form, terms, provisions and distribution of the Official 162 Statement (as defined in the Certificate Purchase Agreement) to be delivered to the 004 000� Ordinance No. 27, Series of 2001 Page 5 163 purchasers of the Certificates. The Town hereby approves of actions taken or to be taken 164 by appropriate officers of the Authority and the Town to execute and deliver the Official 165 Statement, with such insertions, omissions and changes therein as may be approved by 166 the appropriate officers of the Authority and the Town executing the same; and the 167 appropriate officers of the Town are hereby authorized and directed to execute certificates 168 as to the accuracy and completeness of the Official Statement. The Preliminary Official 169 Statement, in substantially the form presented to the Council meeting at which this 170 ordinance is approved on first introduction, is hereby deemed by the Town to be a "nearly 171 final official statement" for purposes of Rule 15c2-12 of the Securities and Exchange 172 Commission. 173 174 Section 7. No provision of this ordinance, the Ground Lease, the Lease, 175 nor any other document or transaction contemplated by this ordinance, shall constitute or 176 give rise to a multiple fiscal year financial obligation, general obligation, bonded 177 indebtedness or other indebtedness of the Town nor a mandatory charge or requirement 178 against the Town in any ensuing fiscal year beyond the then current fiscal year, nordirectly 179 or indirectly obligate the Town to make any payments beyond those appropriated for the 180 Town's then current fiscal year; nor shall this ordinance,the Ground Lease,the Lease, the 181 Indenture, the Certificates, nor any other document or transaction contemplated by this 182 ordinance, be construed as creating bonded indebtedness of the Town within the meaning 183 of Article X of the Charter. The Town shall have no obligation to make any payments with 184 respect to the transactions contemplated by this ordinance except the payment of Base 185 Rentals (as defined in the Lease)and certain other payments pursuant to the Lease,which 186 payment obligations may be terminated by the Town in accordance with the provisions of 187 the Lease. No provision of this ordinance, the Ground Lease, the Lease, nor any other 188 document or transaction contemplated by this ordinance shall be construed or interpreted 189 as creating an unlawful delegation of governmental powers nor as a donation by or a 190 lending of the credit of the Town within the meaning of Sections 1 or 2 of article XI of the 191 Constitution of the State. The Council hereby finds, determines and declares, pursuant to 192 the Charter and the Constitution and laws of the State, that the Base Rentals do not 193 exceed a reasonable amount so as to place the Town under an economic compulsion to 194 renew the Lease or to exercise its option under the Lease to purchase the Improvements 195 (as defined in the Lease); and that the period during which the Town has an option to 196 purchase the Improvements (i.e., the maximum term of the Lease) does not exceed the 197 useful life of the Improvements. 198 199 Section 8. The Council hereby finds,determines and declares, pursuant to 200 the Charter and the Constitution and laws of the State,that (1) the sale and conveyance of 201 the Leased Improvements by the Town to the Authority, (ii) the leasing of the Land by the alm?vw' Ordinance No. 27, Series of 2001 Page b 202 Authority from the Town underthe terms and conditions provided for in the Ground Lease, 203 and (iii) the leasing of the Leased Improvements and the subleasing of the Land by the 204 Town from the Authority under the terms and conditions provided for in the Lease, are 205 necessary, appropriate and in furtherance of the Town's governmental purposes and are in Zoe the best interests of the Town and its citizens and inhabitants. The Council further hereby 207 finds, determines and declares, pursuant to the Charter and the Constitution and laws of 208 the State, that: (1) the purchase price to be paid by the Authority to the Town for the 209 purchase by the Authority of the Leased Improvements is at least equal to the fair value to 210 the Town of the interest in the Leased Improvements being conveyed; (ii)the Base Rentals 211 payable under the Lease during the Lease Term represent fair value to the Town of its use 212 of the Leased Property; and (iii)the Purchase Option Price, as defined and provided in the 213 Lease, represents the Town's estimate of a fair purchase price to the Town for the Leased 214 Improvements at the time of exercise of the purchase option. The Town hereby 215 determines that the Base Rentals do not exceed a reasonable amount so as to place the 216 Town under an economic compulsion to renew the Lease or to exercise its option to 217 purchase the Leased Improvements thereunder. In making such determinations, the 218 Council has given consideration to the estimated current value of the Leased Property,the 219 uses and purposes for which the Leased Property will be employed by the Town, the 220 benefit to the citizens and inhabitants of the Town by reason of the construction, other 221 acquisition and installation of the Financed Project and the use and occupancy of the 222 Leased Property pursuant to the terms and provisions of this Lease and the Ground Lease, 223 the Town's option to terminate the Ground Lease and purchase the Leased Improvements, 224 and the expected eventual vesting of title to the Leased Improvements in the Town. 225 226 Section 9. The Town hereby approves of actions taken or to be taken by 227 appropriate officers of the Town and the Authority to make or approve any alterations, 228 changes or additions to the Ground Lease, the Lease, the Indenture, the Certificate 229 Purchase Agreement or the Official Statement, as may be necessary or appropriate to 230 correct errors or omissions therein,to remove ambiguities therefrom,to conform the same 231 to other provisions of said documents or instruments or to the provisions of resolutions 232 adopted by the Board of Directors of the Authority or to this ordinance, or any ordinance or 233 resolution of the Council, or to the provisions of applicable law. 234 235 Section 10. The Town Clerk is hereby authorized and directed to attest to all 236 signatures and acts of officers of the Town in connection herewith, and to place the seal of 237 the Town on the Ground Lease and the Lease. The Mayor and other appropriate officers 238 of the Town are hereby authorized to execute and deliver for and on behalf of the Town, 239 and the Town Clerk is authorized to attest and to place the seal of the Town on, any and all 240 additional certificates, documents, instruments and other papers, and to perform all other Ordinance No. 27, Series of 2001 Page 7 241 acts they may deem necessary or appropriate, in order to implement and carry out the 242 matters authorized or contemplated by this ordinance. 243 244 In the absence of disability of the Mayor, Town Clerk or other Town officer, 245 any agreement, document, certificate or other instrument authorized bythis Ordinance, or 246 necessary or appropriate to the transactions contemplated by this Ordinance, may be 247 executed, attested, otherwise signed and delivered by the Mayor Pro Tem, or any deputy 248 or assistant Town Clerk, or any deputy or assistant of such other Town officer, as the case 249 may be. 250 251 The Council hereby initially and currently designates Gary Suitor, Town 252 Manager of the Town, as the Town Representative, as defined and as further provided in 253 the Lease. The designation of the Town Representative may hereafter be changed by 254 motion of the Council 255 256 Section 11. The Town hereby exercises its power as a home rule 257 municipality, pursuant to Article XX of the Constitution of the State, to supersede any and 258 all laws of the State which may be in conflict herewith or with any provision of the Ground 259 Lease or the Lease. 260 261 Section 12. If any provision of this ordinance or of any of the documents or 262 instruments authorized or approved hereby(other than the requirement of the Town to pay 263 Base Rentals and the requirement of the Authority to provide quiet enjoyment of the 264 Leased Property, as defined in the Lease, and to release the Ground Lease and convey 265 the Leased Improvements to the Town under the conditions set forth in the Ground Lease, 266 the Lease and the Indenture) should be held invalid, the invalidity of such provision shall 267 not affect any of the other provisions of this ordinance or of such documents or 268 instruments. 269 270 Section 13. Because the Council has determined that the opportunity to 271 finance the construction of the for-sale employee housing units at a low cost may be lost if 272 not acted on immediately, the Council has determined that it is advisable to proceed 273 immediately with the lease purchase transaction described in this ordinance, and therefore, 274 a public emergency is declared to exist, this ordinance is declared to be necessary for the 275 immediate preservation of the public property, health, welfare, peace and safety, and this 276 ordinance shall be in full force and effect immediately upon final passage and adoption at a 277 single meeting upon Council approval as required by Section 4.10 of the Charter. 278 am* di I Ordinance No. 27, Series of 2001 Page 8 279 Section 14. This ordinance shall be in full force and effect immediately upon 280 final passage and adoption by the Council as required by the Charter. This ordinance upon 281 such final passage shall be published by title and summary thereof in a newspaper of 282 general circulation in the Town within 10 days after adoption. 283 284 Such notice shall be in substantially the following form: Ordinance No. 27, Series of 2001 Page 9 285 (Form of Publication) 286 287 OFFICIAL NOTICE IS HEREBY GIVEN that on October 29, 2001, the Town 288 Council approved as an emergency measure an ordinance titled as follows: 289 290 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, 291 COLORADO, CONCERNING THE SNOWMASS VILLAGE BUILDING AUTHORITY; 292 DIRECTING THE TOWN TO SELL CERTAIN EXISTING TOWN-OWNED 293 IMPROVEMENTS TO THE AUTHORITY;AUTHORIZING,APPROVING AND DIRECTING 294 THE EXECUTION AND DELIVERY BY THE TOWN OF A RELATED GROUND LEASE 295 AGREEMENT TO BE ENTERED INTO BETWEEN THE TOWN AS LESSOR AND THE 296 AUTHORITY AS LESSEE,A LEASE PURCHASE AGREEMENT TO BE ENTERED INTO 297 BETWEEN THE AUTHORITY AS LESSOR AND THE TOWN AS LESSEE,AND OTHER 298 DOCUMENTS INCIDENTAL THERETO, ALL FOR THE PURPOSE OF FINANCING A 299 PORTION OF THE COST OF A CERTAIN HOUSING PROJECT; APPROVING THE 300 AUTHENTICATION AND DELIVERY BY THE AUTHORITY OF CERTIFICATES OF 301 PARTICIPATION AND THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A 302 MORTGAGE AND INDENTURE OF TRUST,A CERTIFICATE PURCHASE AGREEMENT, 303 AND OTHER DOCUMENTS INCIDENTAL THERETO; APPROVING THE EXECUTION 304 AND DISTRIBUTION OF A RELATED OFFICIAL STATEMENT;AND AUTHORIZING AND 305 APPROVING THE TAKING OF ALL OTHER ACTIONS NECESSARY OR APPROPRIATE 306 FOR THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS 307 ORDINANCE; AND DECLARING AN EMERGENCY. 308 309 The proposed Ordinance provides for the Town's entering into a Ground 310 Lease and Lease Purchase Agreement to finance the construction of a for-sale employee 311 housing project. The Ordinance has been adopted as an emergency measure and, in 312 accordance with the Town Charter, has become effective upon passage. 313 314 IN TESTIMONY WHEREOF, the Town Council of the Town of Snowmass 315 Village, Colorado has caused this notice to be dated this October—, 2001. 316 317 (SEAL) 318 /s/Trudi Worline 319 Town Clerk 320 Snowmass Village, Colorado 321 322 323 (End of Form of Notice) Ordinance No. 27, Series of 2001 Page 10 324 INTRODUCED, READ AND ADOPTED by the Town Council of the Town of 325 Snowmass Village as an Emergency Ordinance on October 29, 2001 upon the motion of 326 Council Member ,the second of Council Member and by a vote 327 of 5 in favor and 0 against. 328 329 330 331 T. Michael Manchester, Mayor 332 333 (SEAL) 334 335 Attest: 336 337 338 339 340 Trudi Worline, Town Clerk 341 342 343 344 345 _A'. Ordinance No. 27, Series of 2001 Page 11 346 Whereupon it was duly moved and seconded thatthe foregoing ordinance be 347 now passed and adopted as an emergency measure. The question being upon the 348 adoption of said motion and the approval of the ordinance as an emergency measure,the 349 roll was called with the following result: 350 351 Those Voting Yes: T. Michael Manchester 352 Douglas Mercatoris 353 Arnold Mordkin 354 Robert Purvis 355 Richard Virtue 356 357 Those Voting No: None 358 359 Those Absent: None 360 361 362 The presiding officer thereupon declared that there having been an 363 affirmative vote of at least five members of the Council,the ordinance was duly adopted as 364 an emergency measure. 365 366 367 368 T. Michael Manchester, Mayor 369 370 (SEAL) 371 372 Attest: 373 374 375 376 377 Trudi Worline, Town Clerk 378 Ordinance No. 27, Series of 2001 Page 12 379 STATE OF COLORADO ) 380 ) ss. 381 COUNTY OF PITKIN ) 382 383 I, Trudi Worline, Town Clerk of the Town of Snowmass Village,Colorado(the 384 'Town"), do hereby certify: 385 386 1. The foregoing pages numbered -1- through -10-, constitute a true, correct, 387 complete and compared copy of the proceedings of the Council insofar as such minutes 388 relate to an ordinance No. , a copy of which is set forth in such minutes. 389 390 2. The ordinance was published by title and summary in the Snowmass Sun, 391 being a newspaper published and of general circulation in the Town. 392 393 3. The Mayor and other members of the Council were present at such meeting 394 and voted on the passage of the ordinance as an emergency measure as in such minutes 395 set forth. All members of the Council were given due and proper notice of the meeting. 396 Such meeting was a public meeting. 397 398 4. No other proceedings were adopted nor was any other action taken or 399 considered at such meeting pertaining to the ordinance or the agreements therein 400 authorized. 401 402 IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the 403 City on this November—, 2001. 404 405 406 407 408 Trudi Worline, Town Clerk 409 (SEAL) 0�t***v Ordinance No. 27, Series of 2001 Page 13 410 (Attach Affidavit of Publication, by Title and Summary, of 411 Ordinance No. 27, Series of 2001) 412 TOWN COUNCIL COMMUNIQUE Meeting Date: October 29, 2001 Presented By: Stephen R. Connor, Town Attorney Hunt Walker, Public Works Director Subject: RESOLUTION No. 46, SERIES OF 2001 A RESOLUTION ESTABLISHING THE NEED OF THE PUBLIC TO USE AND ACQUIRE CERTAIN REAL PROPERTY IN SNOWMASS VILLAGE, COMMONLY KNOWN AS THE WOODRUN DUMPSTER SITE Overview: This Resolution formally states the intent of the Town Council to acquire the Woodrun Dumpster site as a necessary public facility. It is a prerequisite to the commencement of an eminent domain action, should negotiations for the purchase of the site be unsuccessful. Recommendation: Adopt the Resolution. 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION No. 46 5 SERIES OF 2001 6 7 A RESOLUTION ESTABLISHING THE NEED OF THE PUBLIC TO USE AND ACQUIRE 8 CERTAIN REAL PROPERTY IN SNOWMASS VILLAGE,COMMONLY KNOWN AS THE 9 WOODRUN DUMPSTER SITE. 10 11 WHEREAS, the Town Council has reviewed the need for a public trash collection 12 facility and land to accommodate public facilities; and 13 14 WHEREAS, the Town Council has concern that the use of the current area for 15 public trash collection adjacent to the Woodrun V Townhomes (the AWoodrun Dumpster 16 Site @) may be discontinued in the future due the existence of a quiet title action filed by the 17 Woodrun V Townhomes Association; and 18 19 WHEREAS, the Town maintains that it owns the land on which the Woodrun 20 Dumpster Site is located, and the right to continue to use the facility,through a long period 21 of adverse use by the public; and 22 23 WHEREAS,the Town Council employed Dave Ritter,Certified General Appraisal,to 24 prepare an appraisal to determine the market value of the Woodrun Dumpster Site; and 25 26 WHEREAS, the Woodrun Dumpster Site is integral to the efficient to the operation 27 of the Town solid waste collection system; and 28 29 WHEREAS,the Town Council has determined that the immediate acquisition of the 30 Woodrun Dumpster Site is necessary forthe continued collection of solid waste from single 31 family residences in the Woodrun Subdivision; and 32 33 WHEREAS,the Town Council finds that the adoption of this Resolution is necessary 34 for the immediate preservation of the public health, safety and welfare. 35 36 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 37 Snowmass Village, as follows: 38 39 1. Necessity of Acquisition of Woodrun Dumpster Site. The Town Council hereby 4o determines that it is necessary to immediately acquire the Woodrun Dumpster Site for 41 public purposes, including without limitation solid waste collection, and states its intention 42 to accomplish such acquisition as soon as practicable. The Woodrun Dumpster Site is 43 located on Wood Road in the vicinity of the Woodrun V Townhomes parking facility. 44 45 2. Direction to Town Manager, Staff and Counsel. The Town Manager, staff and ../7 Resolution No. 46, Series of 2001 Page 2 46 counsel are authorized and directed to take all actions that are necessary and proper to 47 carry out the direction of this Resolution, including without limitation the exercise of the 48 Town=s powers of eminent domain. 49 50 3. No Waiver of Existing Rights. The Town=s decision to acquire the Woodrun 51 Dumpster Site is made for the purpose of avoiding further litigation and disputes over 52 ownership of the Site, and does not waive or relinquish the Town=s claimed ownership of 53 the Woodrun Dumpster Site or any rights of the Town to continue to use the Site. 54 55 4. Severabilitv. If any provision of this Resolution or application hereof to any 56 person or circumstance is held invalid,the invalidity shall not affect any other provision or 57 application of this Resolution which can be given effect without the invalid provision or 58 application, and, to this end, the provisions of this Resolution are severable. 59 60 READ, APPROVED AND ADOPTED by the Town Council of the Town of 61 Snowmass Village on October 29, 2001 upon a motion by Council Member Virtue, the 62 second of Council Member and upon a vote of_ in favor and _ against. 63 64 TOWN OF SNOWMASS VILLAGE 65 66 67 68 69 T. Michael Manchester, Mayor 70 71 ATTEST: 72 73 74 75 76 Trudi Worline, Town Clerk