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HomeMy WebLinkAboutagenda.council.regular.20030922 CITY COUNCIL AGENDA September 22, 2003 5:00 P.M. I. Call to Order II. Roll Call II1. Scheduled Public Appearances IV, Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #83, 2003 - Contract Award - 2003 Pedestrian improvements b) Resolution #84, 2003 - Purchase MAA Land Smuggler Mountain c) Resolution #85, 2003 - Contract - Stillwater Ranch Water Line d) Resolution #86, 2003- Adoption of Annual Annexation Plan e) Minutes- September 8, 2003 VII. First Reading of Ordinances a) Ordinance #49, 2003 '7 Adopting Updated Model Traffic Code P.H. 10/14 VIII. Public Hearings a) Ordinance #22 2003 - Little Ajax Annexation (continue to Oct. 14th) b) Ordinance #21 2003 - Little Ajax Subdivision (continue to Oct. 14th) c) Ordinance #43 2003 - Maroon Creek Club PUD/SPA Amend. (continue to Oct. 27th) d) Ordinance #47 2003 - Surcharge on Municipal Court Violations e) Resolution #87, 2003 - Adoption of Emergency Response Plan f) Resolution #88, 2003 - Red Brick Extension of Vested Rights g) Resolution #89, 2003 - South 7th & Hopkins Annexation h) Resolution # 90,2003 - Knollwood Annexation (continue to Oct. 27th) IX. Action Items X. Information Items XI. Adjournment Next Regular Meeting October 14, 2003 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY'7 P.M. Council Schedule as of 09/17/2003 All meeting will be held in the Council Chambers unless otherwise noted 9/22 5 pm REGULAR MEETING 9/23 4 pm Work Session - Code Amendments Infill 9/29 5 pm Work Session with P&Z - Timeshare Employee Generation 6 pm Work Session with Fire District - Fire Station Location 10/13 HOLIDAY 10/14 5 pm REGULAR MEETING 10/15 4 pm BUDGET - Overview 10/20 5 pm BUDGET - Grants 10/21 4 pm BUDGET - HHS and Housing (Joint with BOCC) 10/27 5 pm REGULAR MEETING 10/28 4 pm BUDGET - AMP and Supplemental Requests OTHER MEETINGS 9/30 11:30 Neighborhood Meeting BUSINESS City Council Chambers 10/1 5:30 Neighborhood Meeting FAR WEST Aspen Recreation Center 10/2 5:30 Neighborhood Meeting NORTH & EAST Aspen Square 10/8 5:30 Neighborhood Meeting NORTH WEST Boettcher fMeadows) Memorandum TO: Mayor and City Council Members THRU: Steve Barwick, City Manager FROM: Nick Adeh, City Enginee/r,~ DATE: September ! 6, 2003 Reference: 2003 Pe.destrian Safety Improvements Project SUMMARY We have asked qualified contractors to submit sealed bids for the above referenced project, and we have received one qualifying bid that was opened and read publicly. The results are summarized in the following tabular form: CONTRACTOR TOTAL BID BID STATUS Aspen Earthraoving, LLC $138,380.00 Qualified Bid Basalt Construction Company, Inc. No Bid Gould Construction, Inc. No Bid K&W Concrete No Bid DISCUSSION This contract is for construction of the majority of this year's pedestrian improvements at various locations including East Hopkins Avenue missing pedestrian link, curb replacement along the southern edge of Wagner Park. and miscellaneous pedestrian ramp reconstruction as our budget allows. The City Council has appropriated funds and approved the 5-year pedestrian safety improvement plan. I recommend award of contract to qualified responsible and responsive bidder, Aspen Earthmoving, LLC. for a total amomar of $138,380. This will help us to complete the improvements within the acceptable weather conditions. FINANCIAL IMPLICATION This project has been funded and therefore, no additional money is requested. AWRD2003-02 AMENDMENT TO CONTRACT DOCUMENTS CITY OF ASPEN, PITKIN COUNTY COLORADO DATE OF ISSUANCE: September 5. 2003 PROJECT TITLE: 2003 Pedestrian Safety lmproYemenrs CONTRACTOR: Aspen Earthmovin~(, LLC CONTRACT BID NUMBER: 2003-038 ATTACHMENTS zl$r IF ANlg: None ORIGINAL CONTRACT PRICE: Not applicable AMENDD TOTAL CONTRACT PRICE: $ 138. 380. O0(One hundred thirty eight thousand three hun&ed e~ghty Dollars), including m~nor contract revision if'requested and ordered by the City Engineer. The above referenced contract has been amended to include the following additions to or deletions from the original bid and scope of work. Ali other contract requiremems shall remain unchanged and in effect. The zontractor ~s responsible for distribution of this amendment re his/her subcontractors and suppliers immediately following approval by the City. DESCA['PTION: The scope of work for this contract was reduced prior to bid award in order to keep the prelect costs within the budqet. Therefore, due to reduced scope of work and delayed award of bid the followinq times stated '- the "Special Conditions" have been chanqed to new dates and timelines Article '1.0200 Notice of award is hereby issued and is effective September 5. 2003. 2 Contract documents must be signed and delivered by the contractor before noon. Monday, September 8, 2003. 3 All other remaining contract documents, including bonds, consrrucrton sequencing plan(s), material gradation and mix designs, etc. must be submitted prior to mandatory Pre-Construction Conference. Amanoa~rypre~c~nstructi~nc~nferencewi~behe~d~nTuesday~September23.2~3.atf~:3~a.m~in.the City Council Chambers. Article '1.0202 1 The Contractor shall execute the work with due diligence and shall fully complete in every detail of the worl~ to oe done under the new revised scope of contract within Thirb/ (30) Consecutive Calendar Days from the the date of Pre-Construction Conference set above RECOMMENDED: APPROVED: ,~PPR, OVED: Engineer/Architect Engineering Director/City Engineer Contractor ENG-307 RESOLUTION NO. (Series of 2003 A RESOLUTION GRANTING CONSTRUCTION CONTRACT TO ASPEN EAKI't':[MOVI'NG. LLC. FOR CONSTRUCTION OF THE 2003 PEDESTRIAN SAFETY IMPROVEMENTS PROJECT. AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAD CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS. there has been submitted to the City Council a contract between the City of Aspen, Colorado and ASPEN EARTHMOVING. LLC, a copy of which contract is armexed hereto and made a part thereof. NOW. WHEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves the contract between the City of Aspen, Colorado. and ASPEN EARTHMOVING, LLC, a copy of which is annexed hereto and ~ncorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. Dated: .2003. Helen Kalin Klandemd, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ,2003. Kathryn S. Koch, City Clerk ENG-RES-2003-03 CONTRACT FOR CONSTRUCTION THIS AGREEMENT. made and entered into on , by and be[ween the CITY OF ASPEN. Colorado hereinafter called the "City", and Aspen Earthmovinq, LLC hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents and has caused to be published, in the manner and for the time required by law. an advertisement, for the project: YEAR 2003 PEDESTRIAN SAFETY IMPROVEMENTS PROJECT. and. WHEREAS, the Contractor. ~n response to such advertisement, or in response to direct invitation, has submitted :o the City, in the manner and at the time specified a sealed Bid in accordance with the terms of said Invitation for Bids; and. WHEREAS, the City, in the manner prescribed by law. has publicly openea, examined. and canvassed the Bids submitted in resoonse to the published Invitation for Bids therefore. and as a resull of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, r~ consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials supplies, tools equipment, labor and other services necessary for the construction and completion of the Work described herein. 3, The Contractor shall commence the work required by the Contract Documents withir~ seven (7) consecutive calendar days after [he date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed One Hundred Thirty Ei.qht Thousand Three Hundred Eighty ($138,380.00) DOLLARS or as shown on the BID pro ~oss 5. The terrr "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2~ and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here, CC.doc Page 1 CC** 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions. unless modified by the Special Conditions. such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein orir the Contract Documents. this Contract For Construction shall be subject to the City of Aspen Procurement Code. Title 4 of the Municipal Code including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/h er absence', to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives. employees. Successors assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third par~y or parties, except to Bartles to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms. covenants, agreements or conditions herein contained 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the 3rovlslons of this Contract for Construction. the prevailing party shall be entitled to its costs an(~- reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction sha! be made or presumption shall arise for or against either party basbd on any alleged unequal status of the parties in the negotiation rewew or drafting of this Contract For Construction. 14. The undersigned representative of the Contractor, as an inducement to the City To execute this Contract For Construction. represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. CC.doc Page 2 CC** IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By:, Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: City Engineering Department City Attorney ATTESTED BY: CONTRACTOR: Note: Certification of Incorporation shall be executed if Contractor is a Corporation, If a partnership, the Contract shall be signed by a Principal and indicate title. CC.doc Page 3 CC** CERTIFICATE OF INCORPORATION To be completed if ConTractor is a Corporation) STATE OF ~_.0 LO ~At-)O ) ~ SS. COUNTY OF ~--o/~'Fi ~ ) On this ~-F~'~ dav of ?>b..~h'l,t%~..¢-~ ,20 O-.~. before 'ne appeared C-I~f~S $f'-/1 ~ ~-T'f-~ , to me personally known, who, being by me first duty sworn, did say that s/he is~- 0 - 0 b~3 ~ ~.i'~. of f~Si::%~,..~ ELF~T'~i'-,m,q~,/ IN~ L--L--C and that the seal affixed to said instrument s the corporate sealJof said corooration, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged saic instrument to be tine free ac~ and deed of said corporation. WITNESS MY HAND AND NOTAR AL SEAL the day and year in this certificate first above written. C/////~)., (:~ C).~) Address M~ commission ex~ires: C.O.I, Project No.: 2003-038 BID DATE: August 28, 2003 PROJECT: Pedestrian Safety Improvements Project PROPOSAL SUBMITTED BY: Aspen Earthmoving, LLC CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, ~vithout collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid. ali the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to stgnamre. The bidder agrees ro keep this bid open for SixtF (60) consecutive calendar da~;s from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Engineering Deparrmem. which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City hail not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include ali costs in connection with furnishing the proper and success completion of the work, including furnishing all materials, equipment and tools, and performing ail labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are apprommate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis ofpaymem shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. I hereby acknowledge receipt of ADDENDUM(s) numbered ,~v'/,,~ through BP-2003-038.doc BP* Contractor's initials ESTIMATED BID QUANTITIES Base Bid UNIT TOTAL BID ITEM DESCRIPTION UNIT QUANTITY PRICE COST Mobilization & demobilizatior LS 0001 $11000.00 $11000.00 Traffic management LS 0001 $07000.00 $07000.00 Sawcut Pavement- Full Depth LF 0860 $00006.00 $05160.00 Remove conc.- C&G. drainage pan LF 0540 $00020.00 $10800.00 Remove conc.- Sidewalk, access ramp SY 0090 $00030,00 $02700.00 Remove conc.- Bikepath, driveway SY 0051 $00030.00 $01530.00 (Driveway shall r~ctucie snow melt system repairs, if any) Remove street light EA 0001 $00250.00 $00250.00 Remove asphalt pavement SY 0110 $00020.00 $02200.00 Remove landscaping materials CY 0020 $00030.00 $00600,00 Erosion & dust control LS 0001 $02500.00 $02500.00 Unclassified excavation CY 0154 $00030.00 $04620.00 Reset sign EA 0004 $00050.00 $00200.00 Reset mailbox & post EA 0002 $00050.00 $00100.00 Reset small trash can with new pad EA 0001 $00150.00 $00150.00 Adjust valve box to new finished grade EA 0002 $00050.00 $00100.00 Adjust Manhole to new finished grade EA 0001 $00250.00 $00250.00 Install Inlet - single grate EA 0001 $02150.00 $02150.00 Install timber toe wall. 18" high LF 0100 $0001000 $01000,00 Install one inch Diameter Elec. Conduit LF 0072 $00010.00 $00720.00 fBuried 24" oeep) Install MUTCD compliant traffic sigr EA 0002 $00400.00 $00800.00 fAll typos Landscaping SF 0100 $00005.00 $00500.00 Install Concrete Curb & Gutter LF 0750 $00026,00 $19500.00 Install Storm Sewer Line- 15" Dia. LF 0025 $00060.00 $01500.00 [Unit bid urice is for HDPE pil~e) Connection to Existing Manhole or Inlet EA 0001 $00800.00 $00800.00 (Unit Bid orice includes coring and restoration of inlet to City Engineer's satisfaction) BP-2003-038.doc BP' UNIT TOTAL BID ITEM DESCRIPTION UNIT ~ PRICE COST Geofabric Mat- Traffic Rated SY 0810 $00002.00 $01620.00 Crushed Screened Rock Ton 0090 $00038.00 $03420.00 Aggregate Base Course- Class 6 Ton 0012 $00035.00 $00420.00 Concrete Pavement - 4" Thick SY 0254 $00070.00 $17780.00 (Sidewalk, Pedestrian Ramp, Pedestrian Pad) Concrete Pavement - 6" Thick SY 0040 $00080.00 $03200.00 (Driveway Ramp, Shelter Pad, Etc.) Conc, light pole base with sweeps EA 0001 $00500.00 $00500.00 Install custom tree grate in sidewalk EA 0001 $00500.00 $00500.00 Hot mixed asphalt (HMA} pavement Ton 0094 $00105,00 $09870,00 Pavement marking - Paint (38 mill) SF 6000 $00001.00 $06000.00 , (Crosswalks, 6" wide lane line, Misc. striping) 2" Dia. irrigation sleeve, 12" deep LF 0024 $00010.00 $00240.00 (PVC Schedule-40, with end caes for up to 4 runs) Site Clean-Up & Restoration LS 0001 $02500.00 $02500.00 MCR- Only if requested by the City LS 0001 $08500.00 $08500.00 SUB-TOTAL BASE BID IN NUMBERS: $1307680.00 Alternate Bid Install Guardrail at bridge approach LF 0050 $00084.00 $04200.00 Traffic management EA 0001 $03000,00 $03000.00 Site cleanup and restoration EA 0001 $00500.00 $00500.00 (Work per CDO T standards & detail included in Appendices) SUB-TOTAL ALTERNATE BID IN NUMBERS: $7700.00 ITOTAL BID IN NUMBERS: $138 380.00 Total Bid in Words: BP-2003-O38,doc BP* Contractor's initials I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: ~'~'~"~~ z~..~ ~/~' °~"~'/~'/ ,Title: Full Company address: ~ Telephone number: (970) 963-0377 Fax number: (970'/963-2247 Attested by: Subcentracter ~ ~aterial Su~lier Lis~ Name: Elam , Phone ¢: 92~-2399 Address: Aspen, Colorado Se~ice or Product: Asphalt pavin~ and ~ravel supplier Name: Jewkes Ooncrete , Phone ¢: 379-2~4 Address: Carbondale, Colorado Sewice or Product: Name: ~ J Pipe , Phone Address: Carbondale, Colorado Sewice or Product: Name: , Phone AddreSs: Se~ice or Product: BP-2003-038.doc BP* Page 4 ~nitials CONTRACTOR'S QUALIFICATION STATEMENT City of Asoen Colorado Pro]oct Number: 2003-038 Firm Name, Contact Person, Business Address, Telephone Number: Year present firm Date this form ~a::~ ~--~V/~, L~¢ was established:was Pr..epared: ~o ~ o ~ I o ~ o Type of ownership: (Check only one) Minority Owned Name, title, and position of not more than two. principals to contact: List related pro~ect examples within the last 5 years: ¢You ~¢~ additionalsheets, ifnecessa~) Project name, lodation & brief description Owners name, address & Cost of work Date telephone (X$¢,O00)'completed 02. 03. 04. 05. 06. 07. 08. Bank references, contact person, telephone number: b) c) Trade references (material suppliers, sub-contractors, etc.), contact person and telephone number: Bonding Company and Insurance Company's name, Agent's name. Describe current bonding capacity & liability insurance coverage: I hereby ce~i~ that the above Qualification Statement is accurate and true. I hereby authorize the City off' Aspen to contact any and all of the persons/firms listed above to obtain fu~her information regarding the C ualifications of my firm Name Title ~ Signature AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 200'3-038 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for th/s project and understands and hereby affirms that he/she does nor now. nor will he/she in the fu~u:e, violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City o£ Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and agrees to all terms and conditions o£ the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: Corporate Seal /~/-'J/~.~"-/O' d~'~lrf~-/-/~l//a.~ /_~ ) ss. COUNTY CounV, Colorado personally appe~ed ~ ~~ ~own [o me p~r~onally to be ~e person(s) whose of~, A.D. 20~. si~amre(s) in my pres~ce ~s ~ day My co~ission expires: ~/[~ ~ AC,doc BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersLqnec,. ASPEN EARTHMOVING, LLC cf P.O, BOX i090~ CA~.B,,ONDALE, CO 81623 asPrindpal, hereinafter referred to as "Principal', and WASHINGTON INTERNATIONAl INSURANCE, COMPANY e corporation organized under the laws pf the StaTe of ARIZONA , ~nd qualified to transact busfness 'n the State of Color'ado, as "Surety" are held and firmly bound unto the City of Asp~n, Colorado. as pbligee, heminafte,' referred fo as "City," in the penal sum el: ONE PERCENT (1%) OF THE AMO~TNT BID ....... Dollars ($ 1% OF BID .), Iawful money of the United States of America. for the Payment of which sum, well and truly to be made to the Cb, we bin~i ourselves, and our heim. executors, administrators, successors, and assignees, joir~tly and severally, by these presents: WHEREAS. said Prir~c[pal has submitted a bid for constzucticn of YEAR 2003 PEDESTRIAN SAFETY IMPROVEMENTS PROJECT - 2003-038 . NOW THEREFORE, if the City shall accept the bid of the Pdncloal and the Principal shall enter imo a Cemract for Construction with the Cb in accordance with the terms of such Bid, and given such bond or bonds as may be specified in the Bid Package or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt paymen: of labor and material furnished in the prosecution thereof, er in the event of the failure of the Pr{ncipet to enter such Contract for Construct[on and give such b. end er bonds, if the Princical shall 3ay to the Ci~, the difference not to exceed the penalty, hereof ~etween the amount specked in said bid and such larger amount for which the Principal may Jn good faith contract with another 3arty m peffform the work covered by said Mid, then this shall be null and void, othervMse to remain in full force and effect in law.' SIGNED AND SEALED this 28TH ,, , day of AuGusT ~ 200_~3_, ~/X~AS PEN EARTI-IMOV iNG SURET~.~4~SHING~.~ON INT~NATIONAL INSURANCE COMP ,A~ , ~(seal) T'~le: ATTORNE~L IN-FACT (Accompany th{s bend with cerdfied copy of General Power of Attorney from tAe Surety Company to include the date cf the bond.) POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE ENDORSEMENT Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk Insurance Act of 2002 ("the Act") is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any loSses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage, The portion of your annual premium that is attributable to coverage for acts of terrorism is ~ As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassurety.com or you may call our office at 630- 227- 4825. REV: 2/03 agent notice 100767 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTOtLNEY KNOW ALL MEN BY THESE PRESENTS THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of New Hampshire. and having its principal office in the City of Manchester. New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having ns principal office in the City of Itasca, Illinois. each does hereby make. constitute ann appoint: Eileen A. Bianchard. Timothy J. Blanchard and Charles F. Beagle, jointly or severally its tree and lawful Attorney(s)-in-Fact, to make. execute, seal and deliver, for and on its behalf and as its act and deed. bonds or other ~ritings obligatory in the nature of a bond on behalf of each of said Companies. as surety, on contracts of suretyship as are or may be required or permitted by law. regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount off TEN MILLION ti0.000.000.00) DOLLARS This Power of Attumey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meettngs duly called and held on the 24~° of March. 2000: "RESOLVEIL that any two of the President. any Executive Vice President. any Vice President. any Assistant Vice Preslaent. the Secretary or any Assistant Secretary be. and each or any of them hereby is authorized to execute a Power of Attumey qualifying the attome) named in the g~ven Power of Attorney to execute on behalf of the Company. bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney, and to at~ach therein the seal of the Company; and it is FURTHER RESOLVED. that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or To any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the furore ~ith regard to any bond. undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF. North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to he signed by their authorized officers this 10 day of June ,29 03 North American Specialty Insurance Company Washington International Insurance Company State of Iltinois County of DuPage ss: 10 day of June ,20 03 , before me, a Notary Public, personally appeared Paul D. Amstutz . President and CEO of Washington International Insurance Company and Vice President of North Amedcan Specialty Insurance Company ~d Steven P. Anderson Executive Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me. who being by me duly sworn, acknowledged that they sig~ed the above Power of Attorney as officers of, and acknowledged Yasmin A. Patel. Notary Public L James A. Carpenter , Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of North Amedcan Speciality Insurance Company, do hereby certify that the above and foregu~ng is a tree and correct copy of a Power of Attorney g~ven by the companies, which is still in full force and effect. 28TH IN WITNESS WHEREOF. I have set my hand and affixed the seals of the Companies this day of A. UGU ST 20 0 3 . MEMORANDUM TO: Mayor and Council FROM: Brian Flyun. Parks and Open Space Coordinator THRU: Stephen Ellsperman, Deputy Director of Parks and Open Space THRU: Jeff Woods, Parks and Recreation Director DATE: September 12. 2003 RE: Contract approval for the purchase of the MAA Property on Smuggler Mountain SUMMARY: Staff is requesting City Council approval of the contract for purchase of the MAA parcel on Smuggler Mountain. This will require $325.000 of the City of Aspen Half Cent Acquisition Fund in a joint City/County purchase. PREVIOUS COUNCIL ACTION: · March 10m. 2003 City Council Executive Session approved the purchase of the MAA property with a unanimous (5 - 0) vote. · April 28~. 2003 City Council approved the purchase of the MAA parcel during a regular scheduled City Council Meeting. DISCUSSION: The 20 acre MAA property is the last private land along Smuggler Mountain road on the way to Warren Lakes. Purchase by the City and County will bring the community one step closer to the goal of public ownership of Smuggler Mountain. The Music Associates of Aspen has agreed to sell this for $650,000. On September 26~. 2002 the City Open Space Board formally approved the joint purchase with a 5-0 vote. On April 3fa, 2003 the County Open Space Board formally recommended to the Board of County Commissioners that the County spend up to $325,000 from the Open Space and Trails fund Because part of the MAA property is zoned Rural Remote, the MAA has further agreed to attempt to sell the TDRs from the property and credit the proceeds against our price. If they are unable to sell the TDRs by the proposed closing on August 30. the TDRs will go into escrow and the ultimate sale proceeds will be used to reimburse County and City expenditures toward the purchase. FINANCIAL IMPLICATIONS: This is a joint City/County purchase of $650,000 requiring a total of $325,000 from the City of Aspen Half Cent Acquisition Fund. RECOMMENDATION: Staff recommends that the City Council approve the contract for the purchase of the MAA property, authorizing the use of the previously approved $325.000 out of the City of Aspen Half Cent Acquisition Fund. ALTERNATIVES: None PROPOSED MOTION: "I move to approve the purchase of the MAA Property located on Smuggler Mountain." CITY MANAGER COMMENTS: 2 RESOLUTION NO. ~ ~' Series of 2003 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE AND ASSIGNMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND PITKIN COUNTY, AND AUTHORIZING THE CITY MANAGER OR MAYOR TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract to Buy and Sell Real Estate and Assignment of Interests between the City of Aspen, Colorado and Pitkin County, copies of which are annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves a Contract to Buy and Sell Real Estate and Assigmment of Interests between the City of Aspen, Colorado and Pitkin County, copies of which are annexed hereto and made a part thereof, and does hereby authorize the City Manager or Mayor of the City of Aspen to execute said documents on behalf of the City of Aspen. Dated: ,2003. Helen Kalin Klandemd, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ,2003. Kathryn S. Koch, City Clerk ASSIGNMENT OF CONTRACT INTEREST THIS ASSIGNMENT (the "assignment") is made and entered into this day of ,2003, by the Board of County Commissioners of Pitkin County, Colorado ("Pitkin County" or "Assignor") to the City of Aspen, Colorado ("Assignee"). WlTNESSETH: FOR AND IN CONSIDERATION OF Assignee's promise and commitment to pay and contribute three hundred and twenty five thousand dollars ($325,000) to the purchase of the Axtel and Protection Mining Claims ("the Property"), and in recognition of other valuable consideration the receipt and sufficiency of which is hereby acknowledged, Assignor hereby sells, grants, conveys, transfers, and assigns to Assignee, its successors and assigns, an UNDIVIDED ONE-HALF INTEREST in that certain Contract to Buy and Sell Real Estate ("the Contract") dated March 14, 2003 between Pitkin County and the Music Associates of Aspen for purchase of the Axtel and Protection Mining Claims. It is the intention of Assignor and Assignee that after execution of this Assignment both Assignor and Assignee shall assume the status of Buyer under the Contract, and that both Assignor and Assignee shall take title to the Property as Tenants in Common. IN WITNESS WHEREOF, Assignor has executed this Ass~gnmem on the day first above written. ASSIGNOR: Dale L. Will Open Space and Trails Program Director ASSIGNEE: Steve Barwick, City Manager 03/14/03 CONTRACT TO BUY ~'qD SELL REJ~L ESTATE i~ the County of Pitldn _, Colorado, commonly Imown as No. Smuggler Mountain Road gogcther with the interests, eascmems, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest o£Seller in vacated streets and aIIeys adjacent thereto, except as heroin excIuded. e. Dates and Deadlines. Item Reference Event Date or Deadline No. 4 ~ Dis~pr~B~Deadl~e ~ ~ 7a ~ Title Deadline May 15, 2003 10 ~ 7a S~ey Deadl~e May 15, 2003 ~ I ~ 7b __ Dec,meat Request Deadline May 15~ 2003 12 ~ ga Title Objection Deadl~e ~ay 30, 2003 13 ~ 8b Off-Record Makers Deadline M~y 15, 2003 14 ~ 8b OS:Record Makers Objection p~adlina May 30, 2003 15 ~ I0 Seller~isclosure Deadline May I5, 2003 16 ~ 10a ~ection Deadline May 30~ 2003 17 ~ 10b Resolution Deadline June 15 200~ 18 ~ 11 Closing Date August 1, 2003 19 ~ 16 Possession Date August ~, 2003 20 ~ 16 Possession Time 21 ~28 Acceptance Deadline Date March 21~ 2003 22 ~ 28 Acceplance Deadline Time d. Attachment~. ~e following ex.bits, a~ac~*nts an~ adden~ ~e a p~t of this con.ach e. Applicability .of Terms. A check or similar mark in a box means fl~at such provision is applicable The zbbrevia tin~ "N/A" means not applicable 3, INCLUSIONS AND EXCLUSIONS. a. Thc purchase Price includes the following items (Inclusions): NONE (1) Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air confli0oning fixtures, inside telephone wiring and connecting blocks/jacks, plants, mffrors floor (2) Other Inclusions. If on the Prope~ whether attached or not o:~ thc date of this eontracE storm windows, stom~ doors, window and porch shades, armings, blinds, screens, window coverings, curtain rods, ekapery No. CIIS3-9-99. CONTRACT TG BUY AND SELL REAL ESTATE Cv'ACA NT LAND - FARM - RANCIt) Page I erg Initial rods, storage sheds, and all keys. Check applicable box(es) if included: [] SmokefFire Detectors, [] Security Systems: and N^ O] Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: (4) Water Rights. The following legally described water rights: Any and all water rights appurtunant to the Property (5) Growing Crops. With respect to the growing crops, Seller and Buyer agree as follows: NA b. Instruments of Transfer. The Inclusions are to be conveyed at Closing free and clear of all taxes, liens and encumbrances, except as provided in § [2. Conveyance shall be by bill of sale or other applicable legal hastrument(s). Any water rights shall be conveyed by Quit Claim deed or other applicable legal instrument(s). e. Exclusions. The following anacbed fixtures are excluded from this sale: NONE 4. PURCHASE PRICE AhrD TERMS. Tbe Purchase Price set forth below shall be payable in U. S, Dollars by Buyer as follows: Item No. Reference Item [~see a~dendum) ~;~l}!~l ~*,', ~¢:~ I~/ 3 § 4b New Loan ~ [ [' ~I~ 5 0 4d Seller or Private Financing ,~ ,~ ~. 7 TOT~ I $ (see add.dura) I$ (see I [addendum) 03/14/03 As~a~!: Net D~a~e~__ __ by Icnd~r, (!~eM~e;tlcn cf cm~) Ion~al of ~~ea:. {2~ by ~Buyer ~Seller. 03/14103 Purchase Price or if this box is checked, [] An Abstract of title certified to a current date. If a title insurance commitment is furnished, it I~ Shall [] Shag Not conmalt to delete or insure over the standard exceptions wltich relate to: (2) u~ecorded easements O) survey mauers, (4) any unrecorded mechanics' liens. (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Cinsing. Any additional premium expense to obtain tins additional coverage shall be paid by [] Buyer [] Seller. An amount not to exceed $~ for the cost of an3 improvement location certificate or survey shall be paid by [] Buyer [] Seller. If the cost exceeds this amount, shall pay the excess on or before Closing. Tho improvement location certificate or sm'vey shall be received by Buyer on or before Survey Deadline (§ 2c). Seller shall cause the title insurance policy to be delivered to Buyer as soon as practicable at or seer Closing· b. Copies of Exeeptinns. On or before Tttl~ Deadline t~ 2e), Seller, at Seller's expense, shall furnish to Buyer, (I) a copy of any plats, declarations, covenants, conditions and restrictions burdemng the Property, and (2) if a title insurance commitment is required to be famished, and if this box is checked [] Copies of any Other Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). Even if the box is not checked. Seller shall have tbe obligation to funfish these documents pursuant to tlus subsection if requested by Bhyer any ume on or before the Document Request Deadline (§ 2c). This requirement shall pertain only m documents as shown of record in the office of the clerk and recorder(s). The abstract or title insurance constitute the title documents (Title Documents). 8. TITLE. a, Title Review. Buyer shall have the fight to respect the Title Documents. Written notice by Buyer of unmerchantability of fitle or of any other unsatisfactory titIe condition shown by file Title Documents shall be signed by or on behalf of Buyer and given to Seller on or before Title Objection Deadline (§ 2c), or within five (5) calendar days after receipl by Buyer of any Title Document(s) or endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Tide Docmuents as satisfactory. b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline (§ 2c) true copies of all lease(s) mad survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of winch Selle~ has actual lmowledge. Buyer shall have the right to inspect the Property to determine if any third party(les) has any fight in the Property not shown by the public records (such as an unrecorded ~asemeng anrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory conditinn(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record Matters Ob~eetlon Deadline (§ 2c). If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such fights, if any, of third parties of wlfich Buyer has actual lmowledge. c. Special Taxlttg Distrlets. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION //~DEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON TI~E TAXABLE PROPERTY V~ITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BLrRDENS TO SUPPORT THE SERVICING OF SUCH DEBT WltERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCIt INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE TblE DEBT FINANCING REQUIREMENTS OF TIlE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing distrlct and Buyer desires to terminate this contract as a result, if written notice is received b) Seller on or before Off-Record Matters Objection Deadlitte (§ 2¢), this con~ract shall then terminate. If Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the Proper~'s inclusion in such special taxing district(s) and waives the right to so terminate. d. Right to Cure. If Seller receives notice of unmer¢hantabili~y of title or any other unsatisfactory title conditinnisj or cormmtment terms as provided in § g a or b above, Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition(s) are not corrected on or before Closing, tiffs contract shall then terminate; provided, however, Buyer may, by wrmen notice received by Seller, on or before Closing, waive objecuon to ~uch items. e. Title Advisory. The Title Documents affect the tide, ownersinF and use of the Property and sbonid be reviewed carefully. Additionally, other rangers not reflected th the Title Documents may affect the title, ownership and use of the properS, including without linfftation boundavg lines and encroactmaents, area, zomng, unrecorded regulations concerning land use. development and environmental matters THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE DOES NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL RIGHTS. THIRD PARTIES MAY HOLD INTERESTS IN OIL. GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNY)ER THE PROPERTY. WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE PROPERTY. Such matters may be excluded from the title insurance poligy. Buyer is advised to tinaely consnit legal counsel with respect to all such matters as there are strict time limits provided in this contracl (e.g,, Title Objectinn Deadline [§ 2c] and Off-Record Matters Objection Deadline [~ 2e]). 03114/03 9. LEAD-BASED PAINT. U~dess exempt, if the improvements on the Properly include one or more residential dwelling(s) for which a building permit was issued prior to lanuary 1, 1978, this contract shall be void unless a completed Lead-Based Paint Diselosme (SaIes) form as signed by Seller and the required real estate licensee(s), which must occur prior to the parties signnlg this contract. I0. PROPERT~ DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline (~ 2c), Seller agrees to provide Buyer with a written disclosure of adverse mullers regarding the ProperV/completud by Seller to the best of Seller's current actual knowledge. a. Inspecfion Objeetton Deadline. Buyer shall have the right to have inspection(s) of fl~e physical condition of the Property and Inclusions, at Buyer's expense If the physical condition of the Property or Inclusions ~s unsatisfactory in Buyer's subjective discretion. Buyer shall, on or before lnspecfiun Objection Deadlthe (§ 2c): (1) notify Setter in ',wiling that this contract is termthated, or (2) provide Seller with a wrthen description of any unsatisfactory physical condition which Buyer requires Seller to correct (Notice to Correct). If ~witten notice is not received by Seller on or before Inspection Objectlou Deadline (§ 2c), the physical condthon of the Property and Inclusions shall be deemed to be satisfactory to Buyer. b. Resolution Deadline. Ifa Notice to Correct is received by Seller and if Buyer and Seller have not agreed · -~ in writing to a settlement thereof on or before Resolution Deadline (§ 2c). this contract shall terminate one calendar day following tile Resnlutfon Deadline (§ 2c), unless before such termination Seller receives Buyer's wrdten withdrawal of the Notice to Correct. c. Damage; Liens; Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or for any other work performed at Buyer's request and ahafi pay for any damage which occurs to the Property and Inclusions as a restdt of such activities. Buyer shall not permit claims or liem of any kind against the Proper~y for inspecnons, surveys, engineering repons and for any other work performed on the Property at Buyer's request. Buyer agrees to indermdfy, protect and hold Seller harmless ~om and against any liability, damage, cost or expense incun'ed by Seller in com~ection with any such inspection, claim or lien This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce tiffs subsection, including Seller's reasonable a~torney fees. The provlsio~s of this subsection shall survive tile termination ofthls contract. 11. CLOSING. Delivery of deed(s) from Seller to Buyer shall be at Closing (Closing). Closing shall be on the date specified as the Closthg Date (§ 2c) or by mutual agreement at an earher date. The hour and place of Closing shall be as designated by Pitkin Comdy Title Company_ 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as requked herein and compliance by Buyer with the other terms and provisinns hareo£ Seller shall execute and deliver a good and sufficient S~ecia! Warante_e deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closlng. Except as provided hereh~, title shall be conveyed free and clear of all liens, incinding any governmental liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not. Titl~ shall be conveyed subject to: a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with § 8a [Title Review], b. distribution utility easements, c. tho~e specifically described rights of third parties not shovn~ by the public records of which Buyer has actual knowledge and wlaich were accepted by Buyer in accordance with § 8b [Matters Not Shown by the Public Records]. and d. inclusion of the Property with/n any special taxing district, and e. the benefits and burdens o£any declaration and parry wall agreements, if any, and f. other 1J. PAYMENT OF ENCUMBRANCES. ,Mly encun~brance required w be paid shall be paid at or before Closing f~om the proceeds of this transaction or from any other source: 14. CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective Closing costs and all other items requh'ed to be paid at Closhig, except as otherwise provided herein. Buyer and Seller sball sign an~d complele all customary or reasonably required documents at or before Closing Fees for real estate Closing services shall be paid at Closing by X One-Half by Buyer and One-Half by Seller [] Buyer [] Seller [] Other The locnl transfer tax of % of the Purchase Price shall be paid at Closing by [] Buyer [] Seller. Any sales and use tax that may accrue because of this transaclhin shall be paid when due by [~] Buyer [] Seller. 15, PRORATIONS. The following shall be prorated to Closing Date, except as otberwise provided: a. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closthg, based on [] The Taxes for the Calendar Year Immediately Preceding Closing X The Most Recent Mill Levy and Most Recent Assessment [] Other ; b. Rents. Rents based on [] Rents Actnnlly Received [] Accrued. Security deposits held by Seller shalI be credited to Buyer Seller shall assign all leases to Buyer and Buyer shall assume such leases e. Other Prorations. Water, sewer clmrges: and interest on contthnlug loan(s), if any; and d. ]~inalSettlemenC Dnless otherwise agreed in writing, thescprorationsshallbefinal. 16.POSSESSION· Possession of the Property shall be delivered to Buyer on Possession Date and Possession Time [§ 2c), subject to the following lease(s~ or tenancy(s): If Seller, afier Closing, fails to deliver possession as specified. Seller shall be subject to eviction and shall be additionally liable to Buyer for payment ors per day from the Possession Date (§ 2c) until possessmn ss delivered. 17. ~ ASSIGNABLE, Tiffs contract may be assigned in whole or par[ to the City of Aspen. ~aJfi~not bo contract, ordthary wear and tear excepted. 03/14/03 a. Casualtyl Insurance. In the event the Property or Inclusions shall be damnged by fire or other casualt3, prior to Closing, in an amount of not mote than ten percent of the total Purchase Price Seller shall be obligated repair the same before the Closing Date (§ 2e). In the event such damage :s not repaired within said time or if the damages exceed such sum_ th/s contract may be terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to a cred t, a C oslng, for all the insurance proceeds resulting from such damage to the Proper¢, and Ineh~thns payable to Seller but not the owners' association, if any, plus the amount of any deductible provided for in such insurance policy, such credit not to exceed fl:e total Purchase Price. b. Damage; Inclusions: Services. Should any Inclusion(s) or service(s) (including systems and components of the Properw, e.g, heating, plumbing, erc.~ fail or be damaged bet~veen the date of this contract and Closing or possession, wltichever shall be earlier, then Seller shall be liabIe for the repmr or replacement of such Inclusion(s) or service(s) with a umi of similar size, age and quahty, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion(s), service(s) or fixtare(sI is not the responsibility of the owners' association, if any, less any insurance proceeds received by Buyer covering s~ch repair or replacement. The risk of loss for any damage to growing crops, by f~re or other casualty, shall be borne by the parry entitled to the growing crops, if any, as provided in § 3 and such pm~y shall be entitled to such insmance proceeds or benefits for the growing crops, if any. c. Walk-Through: Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk fl~rough the Propegy prior to Closing to verif) that the physical condition of the ProperB and Inclusions complies with this contract. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing tiffs document, Buyer and Selle~ acknowledge that the Selling Company or the Listing Company has advised that this document has imporbant legal consequences and has reconanended the examination of title and consultation with legal and tax or off,er before signing tiffs contract. g0. TIME OF ESSENCE AND REMEDIES. Time is of the essence hereo£ If any note or check received as Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other vbligation hereunder is not performed or waived as herein provided, there shall be the following remedies: a. If Buyer is in Default: 03/14/03 25. ENTLR~ AGREEMENT; SUBSEQUENT MODIFICATION; SURVIVAL. This contract constitutes the entire con~ract betwee~ the parties relating to d~e subject hereof, and any prior agreerr~nts pertaining thereto. whether oral or written, have been merged and imegrated into fids contract, No subsequent modification of any of the tenm of this contract shall be valid, b/nd/ny upon the pomes, or enforceable unless made in writing and signed by the par/ies. Any obligation in this contract which, by its terms, is intended to be performed after termination or Closing shall survive the same 26. FACSIMILE, Signatures X May [~lag ~ be evidenced by thcsimile. Documents with original signatures shall be provided to the other party at Closing, or earlier upon request of any party. 27. NOTICE. Except for fl~e notice requesnng mediation described in § 21, any notice to Buyer shall be effective when received by Buyer or by Selling Company and any notice to Seller shall be effective when received by SelIer or Listh~g Company. 28. NOTICE OF ACCEPTANCe; COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of acceptance pursuant to § 27 on or before Acceptance Deadlhae Dale and Acceptance Deadline Time (§ 2c). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each par/y, separately, and when each part3 has executed a copy thereof, such copies taken together shall be deemed to be a fuI1 and complete contract between the parties, Dale L. Will, Director, Piktin County Open Space & Trails Recommended for Approval (See Addendum] pp4) Buyer's Address; Buyer's Telephone No: Buyer's Fax No: ~q~TE: If this offer is behlg countered or rejected, do ~ot sign this doemnent. Refer to § 29] Seller's Ad&ess: Seller's Telephone No: Seller's Fax No: 29. COUNTER1 ~CTION. This offer is ~ Countered ~ Rejected. Ddfials only of party ~uyer or Seller) who countered or rejected offer END OF CONTACT Note: Closing Instructions should be s~gned on or before Title Deadline. 03/I4/03 EXHIBIT "B" ADDENDUM 1 This Addendum is made a part of that cedain Contract to Buy and Sell Real Estate ('Vacant Land/ dated March 14, 2003 ("Contract") between Pitkin County Board of County Commissioners as buyer ("Buyer") and-Music Associates of Aspen as seller I"Seller"), wiih respect to property known See Exhibit A. in the County of Pitkin ("Property"). In the event of any conflict o~; inconsistency between the provisions of this Addendum and the Contract, the provisions of this Addendum shall govern and control. 1. S~le of TDR by Seller The Parties anticipate that the Seller will certi~ and attempt to sell a Transferable Developmera Right (TDR) tba/ is associated with the Properly prior to Ihe closing. The Parties further agree that the Sefler is to realize a total oi~ $6§0,000 from the combined sales of the TDR and of the Property. Should the Seller desire to sell the TDR for less than $200,000, written permission from the Buyer is required prior to the sale rr such permission is granted, the Buyer will credit difference Petween the TDR sale 0rice and $200,000 to the Seller at closing. Any amount over ~200.000 realized by the Seller for the TDR w~ll be credited against the purchase price at closing. If the Seller *s unable to sell the TDR by the closing date. the Buyer will add $200,000 to the purchase [~rice and the TDR will be p aced in escrow at closing with the proceeds of any subsequent sale accruing to the Buyer. 2. Improvement Surve_~ On or before the Off-Record Matters Deadline. Seller shaft deliver to Buyer,. a currant Improvement Survey of the Property certified By a licensed Colorado surveyor for Ihe express benefit of Seller Buyer and the Title Company, depictiag all property corners, improvements. easements and rights of wa~,. driveways, parking areas, waits, fences, encroachments on or off the Property, utility lines and utility installations, and restrictions of record. The Survey shall be provided at Seller's expense unless the cost of said survey exceees $2000. in which case the Buyer shaft pay for any amount in excess of $2000. The Improvement Survey shall be in Iorm and content sufficient to cause the title company [o issue an endorsement to its title commdment agreeing to delete from Schedule B (Section 2; of its to-be-issued title policy standard 0rinted exception Nos. 1, 2 and 3 at not cost to Buyer. 3. Standard Schedule B-2 Exceptions. Seller shall furnish to the Buyer at Seller's expense (not to exceed $50.00), an encorsemem m aelete standard exceptions 1-6 on Schedule B-2 of the Tifle Insurance Commitment; 3rovided. however, teat me owners eollcy of title insurance shall be subject to and shall list as an exception to title the reap llhgatioe described in paragraph 11 below.. 4. County Approval. Notwithstanding the s~gnatura hereto Dy the County Manager on behalf of Buyer, the obligation of Buyer to perform hereunder is exoressl~, conditioned upon the adoption by Buyer of an ordinance authorizing the sale of the Prooeny to Buyer pursuant to this Contract. In the event such ordinance is no[ au~y adooted by Buyer within sixty (60) days following the date of this Contract or any extension thereof as the parties may, in writing, agree, either Seller or Buyer may, upon wraten noiice to the other, terminate this Contract whereupon Buyer shall be entitled to a prompt return of all Earnest Money paid In Ihe event such ordinance is timely adopted. Buyer shall, at the request of Seller, execute this Contract by the signature of the Chairman or Vice-Chairman of the Pitkin County Board of County Commissioners. Reference is made to certain of the. Dates and Deadlines appearing in Paragraph 2c. of the Contract as Item (a) The Date or Deadlines for Item Nos. 9.11 and 13 shall be the later of the date indicated in earagraph 2c or twenty (20) days following lhe effective date of the ordinance. (b} The Date or Deadlines for Item Nos. 12 and 14 shall be the later of the date indicated in paragraph 2c or thirty (30) days following the effective date of the ordinance, 5. Additional Documents. At Closing, Seller shaft execute and deliver such documents as shall be necessary to transfer and convey the Praperty to Buyer, free and dear of all liens and encumbrances, all right, title and interest of Seller. 6. Brokeraq~ Each of Seller and Buyer represent and warrant that said party nas dealt with no omar brokers or salespersons in connection w~th this Iransactior an(] each aany agrees that in [ne event of any claim by any broker or salesperson WhO may have rendered services in connection with this transaction at the request of such party or with the knowledge or cohsent of such party, then such party shall defend, hold harmless and indemnify the other 9arty against such claims aaa all COSTS and expenses (Including reasonaole aaorneys' fees anc court costa), liabJlifies and judgments resulting therefrom. .. 7. Interest on Earnest Mona ~ Any and all monies paid by Buye~ odor to closing snarl be placed in an Insured ~nterest bearing money market-type account wit? a local commercial bank with all ~nteresz .... thereon to accrue for the benefit of Buyer. Whelher or not Buyer shall ever be in default under this '. Contract resulting In a forfeiture of its earnest money, Buyer shall nevertheless be entitled to retain, as its ~'; : sole ana separate proper[y, all interest earned on said earnest money, 8. Notices. Any notice, demand or document which either part~ s required or may desire to give, deliver o'-~'~make to the other par y sha be n writing and ~hall be personally delivered or given by ffoa~loSlwmsile transmission or given by United States certified mail. return receipt requested, addressed as To Buyer; Pitkin County, Colorado 530 East Main Street. 3'~ Floor Aspen, CO 81611 Facsimile No.: (970) 920-5198 Wilh copy to: John Ely, County Attorney Pitkin Courtly, Colorado 530 East Main Streel Aspen. CO 81611 Facsimile No.: [970) 920-5198 To Seller: Music Associates of Aspen 2 Music School Road Asoen, Colorado 81612 With copy to: Al DJetsch PO 8ox 128 W Woody Creek. CO 81656 Any notice, demand or document so g~ven, delivered or made by United States mail shall De deemed to have been g~ven three (3) days after the same ~s deposited in the United States mail as cerfified matter, aodressed as above provideo, with postage thereon fu/ly prepaid. Notice by facsimile deliverytransmissi°nshall shallbe deemedbe deemedgiven glVenwhen upOnrecelveo.receipt of a confirmation by sender and nouce by personal 9. Miscehaneous. (a) Saturday. Sunday or Holiday, If any t~me period referred to In this Contract shall eno on a Saturday, Sunday or legal holiday, SUCh t~me period Shall automaticarly be extended to the first regular business day thereafter. (b) Conlrollinq Law This Contract shall be construed in accordance with and governed by the laws of the State of Colorado. 7ne part~es hereto agree an(~ in[eric ~hat the proper and exclusive torL/m for any litigation of any O~SDUtes or controversies arising out of or related to this Contract shall be the Distdcl Court for Pitkin County, Colorado. For purposes of any litigation, the parties consent to the chosen forum for purposes Ct lurisdiclion and venue (c) Counterparts. This Contracl (or any amendments, modifications or exlens~ons hereof) may ce executee in several counterparts and, after execution and as executed, shall constitute an agreement binding on a of the 3ar[les, notwithstanding that all of the ~ar es are nol signatories to the original or the same counterpart. ' (d) ..Further Assurances. Each of the pomes agree to execute, acknowledge, deliver, file and record or cause to be executed, acknowledged, delivered, fi[ed and recorded such further instruments and documents and sucn certificate~, and to do all things and acts as the other party may reasonably recJire in order to carry out the intentions Of this Contract and the transaction contemolated nereoy. (e) Survival Ail of the warranties and representations contained JR this Contract of an ongoing nature or intended to survive shall survive the actual closing of the transaction contemplated thereby. (f) C~)nstruction. No orovision of this Contract shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have requested, drafted, required or structurea such provision. It Js the intention of the parties mat the party wac employed the scrivener to prepace this Contract ~ot De prejudiced by virtue of Such act, nor shall tilts Con[foci be cons[ruea against such ~arty Dy Virtue of its actions in retaining the scrivener. (g) Attorneys' Fees. In the event of any action for breach of. to enforce the provisions of, or otherwise involving this Con~ract me court n such ac[ior sna award a reasonable surf as attorneys' fees to the party who. tn light of the issues litigaled and the court's decision on mose tssues, was the prevailing party in the action If a party VOluntariry dismisses an action a reasonable sum as attorneys' fees shall be awarded to the o net party. 10. As~ionmen! Notwithstanding paragraph 17, Buyer and Seller agree that this Agreement may be assigned to the City of Aspen, in whole or 3art. to alrow the City to acquire a loin[ or other interest in the Property. 11. Buyer to Take Title Subject to Existing Road Litigation. At closing, Buyer snail take title to the~ Property subiect to the existinq IJtiqaton brouqnl by the Pitkin County Board of Cour,Ly Commissioners aqainst landowners on SmuqqJer Mountain redard~nq the ownership and leq ~1 stalus of the Smuqqler Mountain Road and the land underlylnq it. in this reqard, at closinq, Sello_r. and Buyer shall enter into appropriate loin[ stipulations and motions to provide for Buyer's dismissal from the case with prelualce~. L MEMORANDUM TO: Mayor and Council FROM: Phil Overeynder, Utility Directof~-~,~~ THRU: Steve Barwick, City Manager THRU: John Worcester, City Attorney DATE: September 16, 2003 RE: Stillwater Ranch Subdivision Water Line Construction Agreement SUMMARY: This proposal will complete a looped water System connection serving four lots in the Stillwater Ranch Subdivision. The original development approval did not require completion of a water system which meets current City of Aspen standards. This will be rectified through cooperation of the four lot owners through the proposed agreement. The agreement calls for the City Water Fund to reimburse $30,000 of the project cost once the water lineaal~ been installed and certified as meeting City standards. PREVIOUS COUNCIL ACTION: Council reviewed and approved a request for a $30,000 supplemental appropriation for this water line as part of its action to extend the water service agreement for the Pitkin County's Stillwater Ranch Lot 1 affordable housing projects. BACKGROUND: The additional appropriation serves as the City's commitment towards completion of a "looped" water system which will serve the affordable housing project. The additional funds will match private funding which will also serve to complete the water system for the three free market lots which will also be connected to this "looped" water line extension. The five lot Stillwater Ranch subdivision was developed without a complete water system and lacks fire protection which meets current standards. Lot 5 has already been built on but was situated such that a water line extension was not an issue. Building on the remaining four lots, including the County parcel designated for affordable housing, will require completion of the system. DISCUSSION: The four remaining lots have been conveyed to separate owners who now collectively wish to complete the required water system extension to meet current City standards. Since the developer is out of the picture, the owner of Lot 3 has agreed to construct the water line in satisfaction of City requirements and to collect funds from the remaining lot owners for this purpose. Once built to City standards, the Water Department will accept the line as part of the system it maintains. The City's $30,000 contribution will serve towards the share of the costs required to serve the affordable housing project. CURRENT ISSUES: The Council vote on the supplemental appropriation was split, with the majority of Council stating a position that it was appropriate for the City's utility to support affordable housing projects financially. In particular, this project had already received such an action as a result of prior budgeting action which had since lapsed due to delays in project scheduling. The majority Council view was that these past commitments should be honored, despite a shift in practice towards requiring that housing projects fund the full infrastructure costs. A minority Council view was that the use of utility enterprise funds to support affordable housing was not appropriate and that a consistent policy should be in place for public and private developments requiring the cost of utility extensions to be paid by the developer. Past precedents for other projects have included both of these positions. Council policy guidance for staff regarding future projects regarding the use of funds for completion of infrastructure requirements in affordable housing projects appears at this point to bet that future projects will be required to pay all infrastructure costs. FINANCIAL IMPLICATIONS: This agreement would utilize the $30,000 supplemental budget approved by Council in July 2003. A separate action to appropriate this amount is required with the next supplemental appropriation. Because the funds were previously budgeted but not expended, fund impacts have already been considered through the Long Range Plan RECOMMENDATION: Staff recommends approval of the Stillwater Ranch Subdivision Water Line Construction Agreement. ALTERNATIVES: No action on this proposal would mean that the water system serving this area would be by individual service lines without proper fire protection. PROPOSED MOTION: I move to approve CITY MANAGER COMMENTS: Notes: Attachments: A - Stillwater Ranch Subdivision/P.U.D. Water Line Construction Agreement RESOLUTION NO. 5~' Series of 2003 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT FOR WATER LINE CONSTRUCTION BETWEEN THE CITY OF ASPEN, COLORADO, AND THOMAS P. REAGAN & THE DENVER & PLATTE RIVER VALLEY, LLLP, AND AUTHORIZING THE CITY MANAGER OR MAYOR TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Agreement for a Water Line Construction between the City of Aspen, Colorado and Thomas P. Reagan and the Denver & Platte River Valley, LLLP, a copy of which Agreement is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves an Water Line Construction Agreement between the City of Aspen, Colorado and Thomas P. Reagan and the Denver & Platte River Valley, LLLP, a copy of which Agreement is annexed hereto, and does hereby authorize the City Manager or Mayor of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ,2003. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ., 2003. Kathryn S. Koch, City Clerk STILLWATER RANCH SUBDIVISION/P.U.D. WATER LINE CONSTRUCTION AGREEMENT THIS AGREEMENT is made and entered into by and between THOMAS P. REAGAN ("Reagan"), DENVER & PLATTE RIVER VALLEY, LLLP, a Colorado limited liability limited partnership (the "Partnership"), and the CITY OF ASPEN, a Colorado municipal corporation (the "City"). Reagan and the Parmership are hereinafter sometimes collectively referred to as the "Developers"; WITNESSETH: WHEREAS, Reagan is the owner of that property located in Pitkin County, Colorado known as Lot 3, Stillwater Ranch Subdivision/P.U.D., Aspen, Colorado (the "Reagan Lot"), which lot is shown on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, Pitkin County is the owner of Lot 1, Sfillwater Ranch Subdivision/P.U.D., Aspen, Colorado (the "County Lot"), which lot is also shown on Exhibit A; and WHEREAS, located adjacent to the County Lot and the Reagan Lot are two other undeveloped lots known as Lots 2 and 4, Stillwater Ranch Subdivision/P.U.D. (the "Adjacent Lots"), which lots are also shown on Exhibit A; and WHEREAS, the City has plans to extend water service to the County Lot via a twelve-inch (12") water main owned by the City (the "Water Ma'm'') and has agreed to extend water service to the contiguous Reagan Lot and Adjacent Lot as well pursuant to a water service agreement, a copy of which is attached hereto as Exhibit B and incorporated herein by reference (hereinafter the "Water Service Agreement'); and WHEREAS, due to the fact that certain utilities, including water pipelines and related facilities, were not installed by the original developer in connection with the development of the Reagan Lot and the Adjacent Lots, the Developers desire to c0nslruct and install such utilities at this time; and WHEREAS, as part of such utilities installation, the Developers contemplate receiving water service from the City and connecting certain water line improvements to the existing Water Main currently serving the County Lot in order to serve the adjacent Reagan Lot and Adjacent Lots (hereinafter the "Water Line Improvements''); and WHEREAS, the City agrees to allow the Developers to counect to the Water Main via the Water Line Improvements in order to supply water to the Reagan Lot and the Adjacent Lots; and WHEREAS, the parties now wish to set forth their respective rights, obligations, and liabilities associated with the construction and installation of the Water Line Improvement, connection thereof to the Water Main, and the subsequent ownership and control of the Water Line -1- Improvements. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Pmdnctinn of Plan~ and ,qpeciflcalion~ by Develnpem. The Developers shall be responsible for submitting to the City for its review and written approval those plans and specifications associated with the Water Line Improvements contemplated to be installed and connected to the Water Main, including engineering designs and preliminary cost estimates. Pursuant to any pertinent roles and regulations (including without limitation the City of Aspen Water Distribution System Design Standards and the City of Aspen Municipal Code), the City Water Department must approve the plans and specifications for the Water Line Improvements and installation thereof in writing before any construction work commences in connection thereto. All construction and installation pursuant to the plans submitted shall comply with the City Water Department rules and regulations and any applicable federal, state, county, or local laws. 2. Con~tnmtion of Water l,ine lmprovernent~/Connection to Water Main Upon approval of the plans and specifications of the Water Line Improvements by the City, the Developers may commence construction of such improvements and connection thereof to the Water Line. Construction and installation of the Water Line Improvements and appurtenant facilities shall be in accordance with the final plans as approved in writing by the City, and any change orders or any other deviations from the fmal plans need to be separately approved in writing by the City before they are made. Construction of the Water Line Improvements shall include the installation of stub-out water connections that will allow connection of the Reagan Lot and Adjacent Lots to the water system. The parties hereto agree and acknowledge that Reagan has already entered into the Water Service Agreement with the City in connection with the Reagan LOt that allows connection of such lot to the City's water system for purposes of water supply and delivery to the property. It 'is contemplated that similar agreements shall be necessary between the owners of the Adjacent Lots and the City before water service to the Adjacent Lots is permitted by the City. The terms of this Agreement shall supercede the provisions contained in Paragraph 3 of Exhibit A of the Water Service Agreement. Furthermore, the City acknowledges the prior payments to the City by the developers of the Subdivision during the approval process related thereto for in-lieu water fights dedication fees and expansion of water supply for areas outside the City boundaries and that no similar fees shall be due and owing, 3. Precedence of Documents. Except as specifically set forth herein to the contrary, the Water Service Agreement attached hereto shall have precedence over any conflicting term or condition set forth in this Agreement. 4. Oh~ervatlon of Cnn~tmcfinn/Cnnnectinn, The installation of the Water Line Improvements and any connections thereof to the Water Main by the Developers shall be subject to the City's right to observation by the Water Department or such other authorized representative of the City as it shall designate. Such observation may occur at any point during or upon completion of such improvements/connection and may occur at any time after the Water Line Improvements -2- are operational at reasonable intervals as the City may request. The Developers shall ensure that the construction and installation of the Water Line Improvements are in accordance with all applicable federal, state, county, and local laws. The City may direct the Developers to correct any deficiencies in the Water Line Improvements or connection thereof to the Water Main that are not in conformance with the plans as approved. The Developers shall coordinate with the City in regard to the timing of the connection of the Water Line Improvements to the Water Main and to facilitate compliance observations by the City r. 5. pa.ymemt of'Water Line Tmprnvement~ C,n~t~. The Developer agrees that it shall be wholly responsible for all costs related to the installation of the Water Line Improvements and the connection thereof to the Water Main. Said costs shall include but not be limited to costs for labor, services, materials utilized and related engineering fees. Notwithstanding such cost obligations of Developers, the City agrees to contribute the amount of $30,000.00 to the costs incurred by Developers in the construction of the Water Line Improvements. Such payment by the City shall be made within a reasonable time following final connection of the Water Line Improvements to the Water Main. 6. Acceptance of Water Line Tmprnvement~ By City; Warranty. Upon completion of the Water Line Improvements, the City shall certify that the Water Line Improvements have been installed and connected to the Water Main in accordance with the approved plans and all federal, state, county, and local laws. Thereupon, the Developers shall request the City to accept the Water Line Improvements and shall provide the City with the following: a. A written summary of the actual costs of all facilities to be dedicated to the City. In addition, a certification that all such costs of construction have been fully paid and written waivers of the right to claim mechanic's liens by all. contractors performing work on the property have been obtained; b. To the extent not already provided for, an easement in conjunction with the Water Line Improvements in a format acceptable to the City; c. As-built drawings for the Water Line Improvements which have been prepared by a registered land surveyor at the Developers' expense. The City's written acceptance of the as-built drawings shall complete Developers' dedication to the City of the Water Line Improvements; d. A one-year warranty guaranteeing to the City that the Water Line Improvements and the appurtenant facilities have be~n constructed in a good and workmanlike manner for a period of one (1) year from the date of acceptance of such facilities by the City; and e. Comphance with all other provisions and requirements of this Agreement. Upon satisfactory completion of the abOVe requirements, the City shall formally accept the Water Line Improvements, which acceptance, if given, shall constitute dedication by the Developers of -3- such facilities to the City. 7. Indemnification of Ciw~. Developers agree to indemnify and hold the City harmless from any and all claims or losses of any nature whatsoever resulting from the construction and/or installation of the Water Line Improvements. This indemnification shall include actual attorneys~ fees incurred in the event that any party brings an action against the City for any of the actions, approvals, or dedications described herein. All indemnification contemplated herein shall terminate simultaneously with the expiration of the construction warranty set forth in Paragraph 5(d), above. 8. Attorneys' ~ees; Costs. In the event that any party deems it necessary to pursue litigation to enfome any provision of this Agreement, the substantially prevailing party shall be awarded reasonable attorneys' fees and costs of suit actually incurred in such litigation. 9. A~siLmmenL This Agreement may not be assigned by the Developers without the prior written consent of the City, which consent shall not be unreasonably withheld. In the event the Developers desire to assign their fights and obligations herein, it shall so notify the City in writing and submit to the City the proposed assignee's written agreement to be bound by the terms and conditions contained herein. 10. Notice. This Agreement shall constitute actual notice to any and all future users of City services on the Reagan Lot and Adjacent Lots and all owners, tenants, or other persons who occupy units or reside upon those properties of the terms and conditions herein. 11. Complete A~oreement. This Agreement constitutes the entire and complete agreement of the parties in regard to the construction/installation of the Water Line Improvements and connection thereto to the Water Main located on the County Lot. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction herein contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement. Any modification of or amendment to this Agreement must be in written form and executed in the same manner as this Agreement. 12. l~inding F, ffect~ This Agreement shall be binding upon and inure to the benefit of the parties and their assignees and successors in interest. 13. Connterpart~ This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original but all of which shall constitute one and the same document. 14. Notices. All notices, requests, demands, consents, and other communications pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when received by the parties at their addresses below or any subsequent addresses provided to the other party in writing. -4- Notice to Developers: Thomas P. Reagan Denver & Platte River Valley, LLLP 1800 Fifteenth Street, Suite 203 Denver, CO 80202 With copy to: Shane Harvey, Esq. Holland & Hart 600 E. Main Street Aspen, CO 81611 Notice to City: Phil Overeynder City of Aspen Water Department 500 Doolittle Drive Aspen, CO 81611 With Copt to: John Womester City of Aspen Attorney 130 S. Galena Street Aspen, CO 81611 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. Thomas P. Reagan DENVER & PLATTE RIVER VALLEY, LLLP, a Colorado limited liability limited partnership By: Thomas P. Reagan, THE CITY OF ASPEN, COLORADO APPROVED BY: By: Phil Overeynder, City Water Department John Worcester, City Attorney -5- STATE OF COLORADO ) ) SS. COUNTY OF PITI<IN ) Acknowledged, subscribed, and sworn to before me this day of , 2003, by Thomas P. Reagan. WITNESS my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) COUNTY OF PITKIN ) Acknowledged, subscribed, and swom to before me this __ day of 2003, by Thomas P. Reagan as of Denver & Platte River Valley, LLLP, a Colorado limited liability limited parmership. WITNESS my hand and official seal. My Commission expires: Notary Public Notary Public 3127177_1.DOC -6- SEP, 16, 2003 10:08AM ASPEN UTILITY BILLING NO. 037 P, 1 V// ' '" ' ~,ldg, per,ml~ ,, Dtg'~.'~, ~ pmrb WA~'R~= DEPARTMENT A~PEN T~ DAT~" " TAP NEEDE~ R~G~N ~ss: /45 ~?1~ ~ ~oT" ~ocK LOT 3 ~ILLWA~ ~NQH , , 3 ~I~LWAT~R , ~EW . J27371~0~3 I .. ',e . ~ ' ~O~PUTA~ON OF FEE ~lgl~ ImES~T ~HAKOE I~ t~h~) 4.~, ~7~3g0.~ ' ' '$291~.~ ,. glZG ~ DOMESYIG UN; ~ ,,' ~" I~; OF FIRE UNG TAP , J ~ W=t~ ~h~ G~ey=d T= Yh~ ~1~; ........ = ' . ..... ~ct ~ ~ ~to fl~l fi~ure ~oufl~ ~hl~ ~li~ ~heCtlon pe~lt ~oes n~ Inerud~mgaUon. A ~ep~r~to permit mu~ ~e ' * TheE~Y'~ t~ilgned ~lhlBpi~m~ hlveb~R ve~fl~d~ ~v - ~'~' ~' ~' ' I MEMORANDUM TO: Mayor Klanderud and City Council THRU: John Worcester, City Attorney Juiie Ann Woods, Community Development Director FROM: Chris Bendon, Senior Long Range Planner Q~ RE: City of Aspen Annexation Plan DATE: September 22, 2003 SUMMARY: The City of Aspen is required by State statute to maintain an annexation plan, adopted at least once annually. Last year, the City substantially updated the plan to comply with the 2000 Aspen Area Community Plan and to reflect the current Urban Growth Boundary. Pitkin County staff and Board of County Con,missioners were involved in last year's update as well as the City's Planning and Zoning Commission. The City's Annexation Plan had not been substantially amended since 1996. Minimal changes to the plan are proposed - primarily updates to the maps to accurately reflect newly annexed lands. The City annexed the Aspen Valley Hospital and a portion of the QWEST property to accommodate the Burlingame D affordable housing project. In total, less than 30 acres were added to the City's jurisdiction and no changes to the three-mile boundary were affected. The State's requirements for an annexation plan are minimal and are primarily oriented to Front Range communities who sometimes use annexation to gmn political and tax base advantage. A "three-mile boundary" must be identified (municipalities may not expand in any direction more than three miles per year). The plan must generally describe the proposed municipal infrastructure and planned land uses for any land to be annexed within the three-mile area. Staff believes the proposed plan meets the State's requirements. In addition to meeting the minimum requirements, the City's plan includes a description of each character area in the three-mile boundary, the statutory annexation criteria, "local annexation criteria," the sequential steps to complete an annexation. and an example annexation petition. This additional information aids property owners contemplating annexation. The local criteria describe potential land use and planning issues for each character area within three miles of the City boundary. Staff recommends re-adoption of the Annexation Plan. STAFF RECOMMENDATION: Staff recommends approval of the Annexation Plan. CITY MAN,c~AGER'S COMM~E~S: RECOMMENDED MOTION: "I move to approve Resolution No.~h~, Series of 2003, re-adopting the City of Aspen Annexation Plan. ATTACHMENTS Exhibit A - Proposed Annexation Plan o ANNEXATION PLAN CITY OF ASPEN SEPTEMBER, 2003 CONTENTS 1 City Council Resolution 2 Purpose 3 Annexation Area 4 Annexation Area Characteristics 7 Sequential Steps to Complete Annexation 10 Statutory Annexation Criteria 11 Local Annexation Criteria 14 Example Annexation Petition 16 Map A 17 Map B PREPARED [~Y City of Aspen Community Development Department Julie Ann Woods, Planning Director Chris Bendon, Senior Long Range Planner 130 South Galena Street Aspen, CO 81611 THE Ct'~ ( A~I,E~ 970.920.5090 · RESOLtTTmS O. (SERIES OF 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL ADOPTING THE CITY OF ASPEN ANNEXATION PLAN. WHEREAS, pursuant to Colorado Revised Statutes (CRS) 31-12-105, the City of Aspen must annually adopt a "plan" guiding future annexations; and, WHEREAS, the 2000 Aspen Area Community Plan (AACP) called for an update of the City's armexation plan to reflect the Urban Growth Boundary (UGB) as jointly adopted by the City Of Aspen and Pitkin County; and, WHEREAS, the Aspen Planning and Zoning Commission discussed a draft of this updated plan during a work session on May 28, 2002; and, WHEREAS, the Aspen City Council and the Pitkin County Board of County Commissioners discussed a draft of this updated plan on July 16, 2002; and, WHEREAS, the Aspen Community Development Department refined and updated this plan, in consultation with the Pitkin County Community Development Department, to be consistent with the 2000 AACP; and, WHEREAS, during a regular meeting on September 22, 2002, the City Council considered an overview presentation of the plan, amendments to the City's boundary over the past year, and a recommendation to adopt the plan from the Community Development Director; and, WltEREAS, the City Council finds that the armexation plan meets or exceeds all applicable standards and that adoption of the plan is consistent with the goals and elements of the Aspen Area Community Plan. NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council has formally adopted the City of Aspen Annexation Plan. RESOLVED, APPROVED, AND ADOPTED FINALLY this 22nd day of September, 2003. Approved as to form: Approved as to content: Signed copy on'file with City Clerk City Attorney Helen KI Klandernd, Mayor Attest: Kathryn S. Koch, City Clerk City of Aspen Annexation Plan - Page 1 PURPOSE The City of Aspen Annexation Plan reflects land use policy of the Aspen Area Community Plan {AACP) with regard to adding urbanized land, and land appropriate for urbanization, surrounding Aspen to the City's jurisdiction. The Plan provides landowners whose property is adjacent to the City of Aspen with the relevant requirements and processes for requesting inclusion into the City of Aspen. The City of Aspen shall use its legislative authority of annexation and this annexation plan to: · Ensure the natural and well-ordered development of the City. · Distribute fairly and equitably the costs of city services among those persons who benefit therefrom. · Extend the city's government, services, and facilities to eligible citizens forming part of a whole community. · Simplify jurisdictional boundaries and reduce administrative confusion. · Increase the City's ability to provide its citizens with the services they require. Colorado Revised Statute All annexation actions by cities in Colorado are governed by CRS 31-12-102. These statutory requirements include the City's need to maintain an annexation plan for a three- mile boundary around the existing City limits. The specific requirements include the following: "Prior to completion of any annexation, within the three, mile area, the municipality shall have in place a plan for the area, which generally describes the proposed location character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually." Urban Growth Boundary The City of Aspen and Pitkin County jointly approved Aspen's Urban Growth Boundary (UGB) via adoption of the 2000 AACP. (The 2000 Aspen Area Community Plan may be obtained from the Aspen/Pitkin Community Development Office, City Hall, Aspen.) The UGB identifies the land surrounding Aspen as either appropriate for urban development (within the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB is expected to become part of the'City's urbanized area, at some point, while land outside the UGB should only be annexed as a method of preserving the non-urban character of lands surrounding Aspen. The UGB should be amended upon determination that the subject land should be re-categorized, independent of an annexation decision. Disclosure The City of Aspen Annexation Plan has been adopted to meet the compulsory requirements set forth by the State of Colorado, pursuant to CRS 31-12-105. The plan should not be considered a replacement or complete reflection of the state statutes. Property owners seeking annexation should consult the Colorado Revised Statutes. The plan is not binding upon the City of Aspen. City of Aspen Annexation Plan - Page 2 CITY OF ASPEN ANNEXATION AREA Map A depicts Aspen's annexation area, corresponding to the State's three-mile area requirement, based on the September, 2003, jurisdictional boundary. The jointly-adopted Urban Growth Boundary (UGB) is also shown. The City of Aspen is currently approximately 2,330 acres. The area within the UGB is approximately 4,860 acres, 2,530 acres larger than the current City jurisdiction. This land within the UGB has been determined appropriate for urbanization and is likely to become part of the City of Aspen. The three-mile area is approximately 48.000 acres. 46.000 acres larger than the current City jurisdiction. Much of this three-mile area is outside Aspen's UGB and considered inappropriate for urbanization. Annexation of areas outside the UGB should only be considered as a means of preserving the non-urban character of the land To understand the City's potential service needs, annexation areas within the UGB have been analyzed as smaller land areas. The boundaries for each area were developed based on the following factors: physical features, existing development patterns, existing property lines, and established neighborhood areas. City of Aspen Annexation Plan - Page 3 ANNEXATION AREA CHARACTERISTICS The City is required to identify the area within three miles of its boundary. (See Map A.) The proximity of these areas, however, does not necessarily mean these areas are desirable for annexation. The three-mile area is a State requirement and should not be considered an intention of the City of Aspen. Many areas, outside of the UGB especially, may be entirely inappropriate for annexation. Following is an overview of land use characteristics for each area within a three-mile radius of the City, with particular attention paid to the areas within the UGB. The areas described are shown on Map B. These genera[ characteristics provide a basis for understanding potential land use issues that may need to be addressed during an annexation. Ute/Northstar, Shadow Mountain, Red Butte Generally, rural areas with very limited growth potential due to their physical circumstances. These areas are particularly affected by environmental hazards and each request should include an analysis of the regulatory tools used to address such hazards. The City's Land Use Code provisions for Environmentally Sensitive Areas (ESA's) may adequately guide the growth and development of these areas. Further consideration should be given to the more stringent County 1041 regulations particularly with regard to development on steep slopes. Mountain Valley, Red Mountain Generally, suburban areas comprised of predominantly developed subdivisions~ Several similar subdivisions, such as Eastwood and Knollwood, have already annexed into the City. The major land use issues affecting this group include floor ai'ea ratios, legitimizing "bandit dwelling units," wildfire mitigation, wildlife corridors, and the status of the roads and ability of the City to adequately maintain and upgrade them as necessary. Remote Subdivisions Several small residential subdivisions, located along the Maroon Creek, Castle Creek, and Roaring Fork River drainages, are within the three-mile area. These subdivisions have little to no additional development potential. These areas do not appear to provide any advantage to the City and could become infrastructure service burdens. New land use regulations addressing wildfire, wildlife, avalanche, and development on steep slopes would be required. Lower Smuggler This area contains large development parcels with significant growth potential, existing subdivisions with little remaining growth potential, the historically important Smuggler Mine, and steeply sloped areas with limited growth potential. Continued public access to the Upper Smuggler area and recreational opportunities would need to be ensured. Land Use Code provisions for mining activity would be necessary. Regulatory tools to address development on steep slopes would be necessary. Upper Smuggler This area contains large publicly and privately-owned parcels with significant infrastructure limitations and steeply sloped areas with very limited growth potential. This area was an active'mining area. CurrenQy, this area is a very popular recreation City of Aspen Annexation Plan - Page 4 area and is a primary public access to public lands. Much of this area has been identified as "land with conservation value" in the AACP. Continued public access to public lands and recreational opportunities would need to be ensured. Regulatory tools to address development on steep slopes would be necessary. Meadowood, Tennis Club, West Buttermilk Subdivision, and State Highway 82 Corridor Generally, suburban areas comprised of predominantly developed subdivisions. The major land use issues affecting this group include floor area ratios, legitimizing "bandit dwelling units," trail connections, and the status of the roads and ability of the City to adequately maintain and upgrade them as necessary. A few large parcels with significant development potential exist between Meadowood and State Highway 82. The Aspen Valley Hospital was recently annexed. Bar X Ranch, AVLT, and Lower Maroon Creek Generally agricultural in character with significant growth potential. Development issues include preserving the riparian habitat along Maroon Creek, trail connections, fishing access, and traffic generation impacts to the Highway 82 corridor. The Bar X Ranch area is currently subject of a pre-annexation agreement for the purposes of developing a mix of free-market and affordable dwelling units. Buttermilk Base Area The base of Buttermilk Ski Area represents significant development opportunity with potential impacts on. and benefits to. the City of Aspen. This area is presently unoerutilized and is identified in the AACP as a development node for concentrated mixed-use, transit-oriented development. Residential. commercial, and odging development would effect the City's infrastructure and the area's commercial and lodging profile. This area represents a s~gnificant opportunity for transportation improvements. Additionally, the redevelopment of this area may provide the City opportunity to reach community goals. This area should be annexed into the City of Aspen prior to development review, f redevelopment of this area is entitled in the County and then the land is annexed, significant coordination on the administration of development approvals will be necessary. Aspen Airport Business Center, North Forty, Burlin,qame "Parcel D" Suburban areas with moderate growth potential The North Forty subdivision is reaching its residential build-out and has some potential for additional commercial development. "Parcel D" of Burlingame Ranch was identified in the AACP as an affordable housing site and was recently annexed. The AABC has moderate growth potential in both residential and commercial sectors, most of which wouIQ involve redevelopment. Significant expansion of commercial uses in the AABC would affect the profile of commercial activity in the Aspen area and may affect transportation patterns. A new zone district would likely be required to accommodate the AABC. Aspen Consolidated Sanitation District, County Maintenance Facility, RFTA bus barn, Sardy Field (Aspen/Pitkin County Airport), North Hi,qhwa¥ 82 Corridor These public infrastructure facilities are currently operated by either the county or special districts. Expansion of 'these facilities could be expected to coincide with growth of the area's population and service needs, although physical constraints may limit expansion capabilities. Expansion of the airport is also controlled by public policy discussions of ~ncreasing Aspen's tourist capacity. Intergovernmental agreements may be necessary for annexation of these facilities. City of Aspen Annexation Plan - Page 5 Brush Creek Viilaqe, Cozy Point Ranch, Starwood, McLain Flats Suburban subdivisions comprised of single-family residences. Cozy Point Ranch is an agricultural and equestrian operation owned and managed by the City of Aspen. These areas, while within the three-mile area, are removed from Aspen and not likely to become incorporated into the City. The major land use issues affecting this group include floor area ratios, legitimizing "bandit dwelling units," wildfire mitigation, wildlife' corridors, and the status of the roads and ability of the City to adequately maintain and upgrade them as necessary. Woody Creek The three-mile area includes a portion of the Woody Creek drainage. This rural area is predominantly agricultural and estate ranches. Although geographically proximate to the City's boundary, this area lies in a separate drainage basin and is logistically remote from Aspen. This area is not expected to become part of the City of Aspen. Snowmass Villaqe The three-mile area includes part of Snowmass Village, an incorporated town. Only unincorporated lands are eligible for annexation. This area is not expected to become part of the City of Aspen. Owl Creek Ranch, Droste Ranch This rural area functions as a buffer between the urbanized areas of Aspen and Snowmass Village. Predominantly single-family homes on large lots, this area could sustain significant additional development with the extension of urban infrastructure and bring about significant change in the character of the area. The major land use issues affecting this group include the proper character of the area, additional development potential, wildfire mitigation, wildlife corridors, recreational trails, and the status of the area's infrastructure. Ski Areas - Aspen Mountain, Aspen Hiqhlands, Buttermilk These areas correspond with ski area permit boundaries. This land is typically Forest Service land, although substantial portions of Aspen Mountain Ski Area are 'owned by the Aspen Ski Company. The City's Land Use Code is better suited to regulate base facilities. Annexation would necessitate new land use legislation to regulate ski area operation and may also necessitate backcountry emergency rescue operation. Forest Lands These areas correspond with Federally-owned land maintained by the United States Forest Service and privately-owned "in-holdings." These areas are remote, with little or no existing services and have limited access. These ai-eas are typically zoned Rural and Remote (RR) by Pitkin County to maintain a backcountry character. These areas do not appear to provide any advantage to the City and could be a burden. Annexation of these areas would necessitate new land use legislatlon to regulate backcountry development, agreements with the Forest Service for permitting and administration of forest-related activities, and may also necessitate backcountry emergency rescue operation. City of Aspen Annexation Plan - Page 6 SEQUENTIAL STEPS TO COMPLETE ANNEXATION Annexation Process: Associated Processes: Pre-Application Conference. (See Note#l) Annexation Petition Filed - Landowner submits necessary application materials to the City Clerk. (See example petition, attached.) Property owner may enter into a pre- annexation agreement with the City of Aspen. (See note #2) Resolution #1 - City Council Initiates annexation process by adoption of a resolution, Resolution establishes a public hearing be scheduled more than 30 days and less than 60 days. City Engineer verifies contiguity requirement for eligibility. Public Hearing and Resolution #2 - City Council identifies properties eligible for annexation according to State Statute, Annexation Impact Report - For annexations of more than 10 acres. (See note #3) Land use reviews - The landowner may initiate any City land use review process necessary to develop the property, (See note #4) Acknowledgement of Development Rights ~ The City reserves the right to accept land use approvals granted in the county and establish an agreement for the administration of said rights. (See note #5) Initial Zoning - The Community Development Department begins an initial zoning process and establishes public hearing schedule with the Planning and Zoning Commission. (See note #6) First Reading of Annexation Ordinance - City Council establishes second reading and ~ublic hearing date, The City may postpone second reading to permit a property owner to confirm associated land use reviews. Second Reading of Annexation Ordinance _- Property either annexed or deniedl Initial Zoning Ordinance - Newly annexed land must be assigned zoning within 90 days of annexation. (See note #6) City of Aspen Annexation Plan - Page 7 Process Notes: 1. Pre-Application. Potential applicants are encouraged to meet with the City Attorney to discuss the annexation process and with the Community Development Director to discuss the potential benefits of annexation. An annexation petition must be found in compliance with the statutory annexation criteria and is subject to compliance with local annexation criteria, to the extent those criteria are considered applicable to the specific petition. 2. Pre-Annexation Agreement. A property owner seeking annexation may negotiate a pre- annexation agreement with the City of Aspen. Such negotiations may include, but are not limited to, the type, amount, character, and timing of development and may specify certain improvements required of a property owner and financial arrangements securing such improvements. At such time of actual annexation, a final annexation agreement may be confirmed. 3. Annexation Impact Report. CRS 31-12-t08.5 requires the annexing municipality prepare an annexation impact report at least 25 days prior to the public hearing (Resolution #2). The report must be filed with the Pitkin County Board of County Commissioners (BOCC). A report is not required for annexations of 10 acres or less or when the City and the BOCC agree the report requirement may be waived. An annexation Impact Report shall include, as a minimum: A. A map or maps of the municipality and adjacent territory showing the following information: 1. The present and proposed boundaries for the municipality and in the vicinity of the proposed annexation. 2. The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. 3. The ex!sting and proposed land use pattern in the areas to be annexed. B. A copy of any draft or final pre-annexation agreement, if applicable. C. A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation. D. A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed. E. A statement identifying existing districts within the area to be annexed. F. A statement on the effect of annexation upon local public school district systems, including the estimated number of students generated and the capital construction required to educate such students. 4. Land Use Reviews. A property owner seeking annexation into the City of Aspen may initiate land use reviews with the City after the petition for annexation has been found valid (after adoption of resolution #2). Property owners seeking to develop the property, in fact, may wish to secure entitlements prior to completing annexation. Land use approvals granted prior to annexation are subject to final adoption of an annexation ordinance. City City of Aspen Annexation Plan - Page 8 Council may postpone the final adoption hearing of the annexation ordinance to allow a property owner to complete a land use review process. 5. Acknowled,qement of Development Riqhts Property subject of an annexation request may have certain development rights granted by Pitkin County. The City'of Aspen may choose to recognize these exact development rights or reach another solution in consultation with the landowner. In instances where land use approvals were granted in the County prior to annexing into the City, the City has significantly benefited with the adoption of a Development Guidebook in combination with the annexation of the land. This guidebook can be used to define the approvals and describe how the City will administer the development of the land, including the applicable design standards for capital improvements. This guidebook can serve an interest of the landowner, developers interested in realizing the development approvals, of prospective property owners within the annexed area, and helps clarify the City's understanding of the development rights. 6. Initial Zonin,q. The City is required to assign zoning to newly annexed property within 90 days of annexation. Failure to zone land within 90 days may permit unwanted land uses on newly annexed lands. The City typically begins an initial zoning process prior to final annexation. This aids a landowner in determining the benefit of completing an annexation. This initial zoning process follows the process for amending the Official Zone District Map (rezoning), as outlined in the City of Aspen Land Use Code and requires a review and recommendation from the City Community Development Director and a public hearing and recommendation from the City's Planning and Zoning Commission Adoption of ar ordinance by City Council is the final step in the initial zoning process. Ideally, second reading of an annexation ordinance and second reading of a zoning ordinance occur simultaneously. Property owners are encouraged to participate as an applicant, although not required, in this initial zoning process. City of Aspen Annexation Plan - Page 9 STATUTORY ANNEXATION CRITERIA In accordance with CRS 31-12-104, an area is eligible for annexation if the governing body, at a hearing, finds and determines the following. 1. That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity is not affected by the existence of a platted street or alley, a public or private right-of-way area, public lands (except county-owned open space), or lake, reservoir, Stream, or other natural or man-made waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements of CRS 31-12-105, contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together. 2. That a community of interest exists between the area proposed to be annexed and the annexing municipality; that such area is urban or will be urbanizing in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by the above requirement shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing, finds that at least two of the following are shown to exist: a. Less than fifty percent of the adult residents of the area propose to be annexed make use of part or all of the following types of facilities of the annexing municipality; Recreational, civic, social, religious, industrial, or commercial; and less than twenty- five percent of said area's adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard does not apply. b. One half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intent to devote the land to such agricultural use for a period of not less than five years. c. it is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality Provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or witl within the reasonably near future be provided with any service by or through a quasi-municipal corporation. City of Aspen Annexation Plan - Page 10 LOCAL ANNEXATION CRITERIA Annexation is a quasi-legislative authority of the City and as such the City may consider the interests of its citizens as guiding annexation policy, in addition to the procedural statutory requirements. This section identifies specific public policy concerns likely to arise during consideration of an annexation request. These criteria should be used to determine when annexation is appropriate, which land should be annexed, and how it should be zoned. Additional considerations, beyond those identified herein, may also arise and guide public policy. AACP Compliance Annexation requests should be reviewed for compliance with the Aspen Area Community Plan. Annexation of certain lands could facilitate accomplishment of the plan's goals, objectives, or specific action items. Newly annexed properties should be assigned zoning supporting public policy directives of the AACP. Urban Growth Boundary (UGB) The City of Aspen and Pitkin County jointly approved Aspen's Urban Growth Boundary via adoption of the 2000 AACP. The UGB identifies the land surrounding Aspen as either appropriate for urban development (within the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB is expected to become part of the City's urbanized area and should be considered appropriate for annexation. Land outside the UGB should only be annexed as a method of preserving the non-urban character of lands surrounding Aspen. The UGB does not necessarily need to be amended unless the land is intended for an urban level of development. Annexation of land outside the UGB, in fact, may serve a significant public purpose. Significant Annexations Changing the regulatory structure and jurisdiction of significant community facilities, large developments, and large tracts of vacant land present considerable potential for community change. These annexation proposals should involve discussion between the Aspen City Council and the Pitkin County Board of County Commissioners. A joint work session at which various land use issues are discussed can only benefit the City in it analysis of a significant annexation. For example: properties entitled by the County and annexed into the City can require complex administration of development rights, especially when amendments are requested. Discussing the primary elements of the rand use review can simplify administration and provide benefit to the annexing landowner. Likewise, certain annexation proposals may present concerns to other governmental and quasi-governmental agencies with jurisdiction or other interest in the property. As necessary, formal referral comments or work session-format meetings can be held to identify these concerns. Fiscal Impact Analysis The City should fully understand the financia~ implication of assuming additional lands on each of its functions. The City Finance Department has modeled fiscal impacts of recent significant annexations and this information has been critical in determining the appropriateness of annexation. Certain capital improvements may be necessary as well as City of Aspen Annexation Plan - Page additional operation and service costs. These need to be balanced with additional special fund revenues that are gained. Pitkin County voters adopted a 2 percent Countywide sales tax, including a provision distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered as more service responsibilities shift to the City. Development Rights/Zoning Development rights associated with a property in Pitkin County verses those if the property is annexed into the city of Aspen should be considered. Annexations are typically associated with a proposal to further develop the property. Traditionally, the City weighs an increase in development rights in relation to accomplishment towards community goals available through annexation. A complete understanding of a property's development potential, prior to annexation, should include a zoning build-out analysis considering regulatory limitations, such as growth management and impact fees, and regulatory incentives, such as the use of Transferable Development Rights. The public policy of such regulations and the impact of changing the regulatory structure upon the City should be considered. Zoning of newly annexed land should approximate development rights prior to annexation. unless a site-specific development clan s approved concurrent with annexation The creation of non-conformities should be avoided although custom legislation to address special interests can further complicate the City's regulatory environment. The City should encourage the legalization of "bandit units" through the City's Accessory Dwelling Unit provisions to ensure compliance with the health and safety standards of the Uniform Building Code. These units should be expected in older subdivisions surrounding Aspen. Pitkin County Transferable Development Rights Certain lands in the County within the City's annexation area are eligible for increased development rights through the extinguishments of a transferable development right (TDR). Certain site specific approvals granted in Pitkin County may Involve or require the use of TDRs. And, certain development may have already occurred by use of these TDRs necessitating acknowledgement of the realized increased development right Until the City adopts a program for accepting Pitkin County Transferable development Rights, each individual annexation request should include an analysis of TDR contingent land use scenarios and, if necessary, an agreement should be reached describing the future use of Pitkin County TDRs within the newly annexed area Usefulness and appropriateness of each jurisdiction's regulations As Aspen City limits expand beyond the original townsite, the effects of environmental constraints and hazards on development increase. Pitkin County's 1041 regulations address development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard areas, and within wildlife corridors. The City's Environmentally Sensitive Area review standards address flood hazard areas and development above the 8.040-foot elevation. City of Aspen Annexation Plan - Page 12 The County's regulations primarily attempt to minimize land use intensity and minimize the infrastructure and operational effects of development. The City's land use code encourages the intense use of land and addresses urban development issues, such as architectural character. In transition areas, the City's PUD regulations should be used to establish an appropriate balance. Design standards for public improvements also reflect the rural and urban aspect of each jurisdiction. The appropriateness of each jurisdiction's development regulations and design standards should be considered in each annexation. The acceptance of substandard public improvements and potential public costs of upgrading those facilities should also be considered. The City may require certain facilities be upgraded prior to annexation. Alternatively, the City may require a cash payment to accommodate expected City capital improvement and operational expenses. The City currently has no experience with remote backcountry and Forest Service lands. These lands could require significant changes to the City's emergency services. The public costs of annexing remote lands should be considered in relation to the public goals of such an action. Aspen recently adopted the Ski Area Base (SKI) Zone District to administer proper development at the base of ski areas. The zoning provides for a mixture of skiing, recreational, commercial, and tourist-oriented uses and requires adoption of a Planned Unit Development. This zoning was applied to Aspen Highlands Base Village and may be appropriate for the Buttermilk Ski Area base, upon annexation. Infrastructure and Ability to Serve Annexation reviews typically focus a great deal of fiscal analysis on the potential extension of urban services to annexed territories. Cost, capacity, and engineering issues related extension of the City's municipal water system to developing land on the urban fringe is a significant annexation issue. Currently, there are several small water districts serving residences located outside the City's boundaries but within the service area of the water system. These small districts may present a problem for the City following annexation as their capital facilities may not be providing acceptable standards of service. Upgrading is expensive, and may become the responsibility of the City following annexation. The County does not currently require new periphery development to join the City's municipal water system. However, these county development proposals must be reviewed by the City Council and found in compliance with the AACP in order to obtain City water service. In these cases, the City often requires compliance with City development regulations. Property owners developing a property eligible for annexation should consult the City's Community Development Department and consider annexation. Simplicity of City Boundary The City/County boundary has created confusion for citizens and staff responsible for enforcing policy. A complex boundary can complicate emergency service provision and, in extreme cases, defeat efforts of City police officers. Annexations simplifying the boundary should be encouraged while those further complicating the division should be avoided. City of Aspen Annexation Plan - Page 13 [Example] PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the Annexation to the City of Aspen. Said area, consisting of approximately ( ) acres, is more particularly described on Attachment "A," attached hereto. The Petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Aspen. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Aspen. 4. That a community of interest exists between the area proposed to be annexed and the City of Aspen. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Aspen. 7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Aspen. WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the annexation of the area described on Attachment "A," legal description of the land. The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment "A." IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this day of Petitioner's/Owner's Signature Petitioner's/Owner's Printed Name Address City, State, Zip City of Aspen Annexation Plan - Page 14 Please attach the following: ATTACHMENT "A" - LEGAL DESCRIPTION OF THE ANNEXATION ATTACHMENT "B" - AFFIDAVIT OF CIRCULATOR STATE OF COLORADO COUNTY OF PITKIN The undersigned, being first duly sworn upon his oath states: That he was the circulator of the attached Petition for Annexation and that each signature therein is the signature of the person whose name it purports to be. Circulator's Signature Subscribed and sworn to before me this day of 2 , by WITNESS my hand and official seal. Commission Expiration Notary Public ATTACHMENT "C" - PROOF OF OWNERSHIP Constituting more than 50% of the landowners in the area ~roposed for annexation as said area is described on Attachment "A". and more than 50% of the land in said area. exclusive of streets and alleys. ATTACHMENT "D" - FOUR PRINTS OF AN ANNEXATION MAP Containing the information required by C.R.S. 1973 31-8-107. City of Aspen Annexation Plan - Page 15 TO: MAYOR AND COUNCIL THRU: STEVE BARWICK, CITY MANAGER THRU: LOREN RYERSON, POLICE CHIEF THRU: RANDY READY, ASSISTANT CITY MANAGER THRU: TIM WARE, PARKING AND TRANSPORTATION DIRECTOR THRU: JOHN WORCESTER, CiTY ATTORNEY FROM: DAVID HOEFER, ASSISTANT CITY ATTORNEY DATE: AUGUST 25, 2003 RE: AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE CITY COUNCIL OF ASPEN, COLORADO, ADOPTING B Y REFERENCE THE 2003 EDITION OF THE "MODEL TRAFFIC CODE," REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AMENDING AND ADDING SUBSECTIONS THERETO, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. SUMMARY: The proposed ordinance would repeal and reenact Section 24.04.020 of the Municipal Code of the City of Aspen by repealing the 1995 edition of the Model Traffic Code and by adopting the 2003 edition of the Model Traffic Code. The Model Traffic Code is prepared for Colorado municipalities by the Safety and Traffic Engineering Branch of the Colorado Department of Transportation. DISCUSSION: The subject matter of the Model Traffic Code relates primarily to comprehensive traffic and parking control regulations for the City. The purpose of the ordinance and the Code is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation. FINANCIAL IMPLICATIONS: Enforcement of the Model Traffic Code generates revenue for the City. However, adoption of the amended version would not alter the revenue pattern. RECOMMENDATION: Staff recommends that the proposed ordinance be adopted. PROPOSED MOTION: Staff recommends the following motion: "I move to approve Ordinance No. ~;~ Series of 2003, which adopts by reference the 2003 Model Traffic C6d~ for Colorado Municipalities, amending and adding certain sections to the Code; providing penalties for violations of said code; and repealing sections of the municipal code.'~ CITY MANAGER COMMENT.~: ORDINANCE NO. ~[, SERIES OF 2003 AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE CITY COUNCIL OF ASPEN, COLORADO, ADOPTING BY REFERENCE THE 2003 EDITION OF THE "MODEL TRAFFIC CODE," REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AMENDING AND ADDING SUBSECTIONS THERETO, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. WHEREAS, the City Council of the City of Aspen by Ordinance 28, Series of 1996, adopted the 1995 edition of the "Model Traffic Code for Colorado Municipalities" with additions, modifications, and penalties, and WHEREAS, the City Council of the City of Aspen by Ordinance 34, Series of 1997, adopted further additions and modifications to the 1995 edition of the "Model Traffic Code for Colorado Municipalities," and WHEREAS, the City Council of the City of Aspen by Ordinance 5, Series of 1998, amended the 1995 Edition of the "Model Traffic Code for Colorado Municipalities" by the reorganization of subsections, and WHEREAS, the Model Traffic Code of 1995, as amended, has been codified by reference as Section 24.04.020 of the Municipal Code of the City of Aspen, and WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen the 2003 edition of the "Model Traffic Code for Colorado," to repeal the 1995 edition of the "Model Traffic Code for Colorado Municipalities," as amended, and implement recommended changes in the 2003 edition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Adoption. Pursuant to Parts 1 and 2 of Article 16 of Title 31, and Part 4 of Article 15 of Title 30, C.R.S., there is hereby adopted by reference Articles I and II, inclusive, of the 2003 edition of the ,Model Traffic Code" promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the City. The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Clerk of the City of Aspen, Colorado, and may be inspected during regular business hours. Section 2. Text of Amended Ordinance. That Section 24.04.020, Model Traffic Code, of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows: 24.04.020 Model Traffic Code. (a) Adoption. Pursuant to Parts 1 and 2 of Article 16 of Title 31 and Part 4 of Article 15 of Title 30, C.R.S., there is hereby adopted by reference Articles I and II, inclusive of the 2003 edition of the "Model Traffic Code" promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the City. The purpose of the Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Clerk of the City of Aspen, Colorado, and may be inspected during regular business hours. (b) Deletions. The 2003 edition of the Model Traffic Code is adopted as if set out at length save and except the following articles and/or sections which are declared to be inapplicable to this municipality and are therefore expressly deleted: Please see the section on additions and modifications immediately following. (e) Additions or modifications. The said adopted Code is subject to the following additions or modifications: ARTICLE I · Section 202. Model Traffic Code Section 202 is hereby amended by the addition of the following subsection, which shall read as follows: (4) It is unlawful for any person to drive or move or for the owner to cause or 2 knowingly permit to be driven or moved on any street or highway within this municipality any vehicle or combination of vehicles which does not contain those parts or is not at all times equipped with such lamps, reflectors, brakes, horn and other warning and signaling devices, mirrors, safety glass, fenders, tires and other equipment, kept in proper condition and adjustment as required in 42-4-202 through 42-2-228 and 42-2-230 and 42-4-301 through 42~4-306, C.R.S. 1973, as amended, or which is equipped in any manner in violation of said sections, or for any person to do any act forbidden or fail to perform any act required by and under said sections. Section 601. Model Traffic Code Section 601 is hereby repealed and reenacted to read as follows: Uniform specifications. (a) All signs, markings, and signals required hereunder for a particular purpose, except signs regulating parking, shall be uniform as to type and location throughout the municipality as required by state law. The location, type and design of all parking control signs shall be as determined by the director of the transportation department for the City of Aspen. (b) All traffic control devices so erected shall be official signs and official traffic control devices. (Errata) Section 614(2). At Section 614(2) in the fourth sentence that begins with the words "Local authorities," the ninth word "sing" should be "sign." (Errata) Section 615(3). At Section 615(3) in the first line insert the word "apply" between the words "not" and "if." To wit, "This section does not apply if..." Section 616. Model Traffic Code Section 616 is hereby created by the addition of the following section, which shall read as follows: Obedience to stopping, standing, or parking regulations. On any street or at any place within the municipality where official signs are posted giving notice of stopping, standing, or parking restrictions or prohibitions, no person shall stop, stand, or park a vehicle in any manner in violation of the provisions contained on such sign or signs except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or official traffic control device or except for the purpose of loading or unloading passengers when such standing does not obstruct, impede, or endanger any traffic. Section 1101(2)(c). Model Traffic Code Section 1101(2)(c) is hereby repealed and reenacted to read as follows: Twenty-five miles per hour in any residence district, as defined in section 42-1-102(80), C.R.S.; Section 1204(1). Model Traffic Code Section 1204(1) is hereby amended by the repeal and reenactment of subsection (k) and the addition of subsections (1), (m), and (n), which shall read as follows: Except as otherwise provided in subsection (4) of this section, no person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places: (k) At any other place where official signs prohibit stopping, standing, or parking. (1) In alleyways, truck loading zones, and passenger loading zones except during the necessary and expeditious loading and unloading of merchandise, freight, or passengers, (m). Within twenty (20)feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75)feet of said entrance when properly posted; (n). Within two (2)feet of a walkway leading to a residence where no sidewalk exists. Section 1204(2). Model Traffic Code Section 1204(2) is hereby repealed and reenacted to read as follows: Except as otherwise provided to subsection (4) of this section, in addition to the restrictions specified in subsection (1) of this section, no person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a duly authorized official or official traffic control device or except for the purpose of loading or unloading passengers when such standing does not obstruct, impede or endanger any traffic, in any of the following places: (a) Within five feet of a public or private driveway or alleyway; (b) Within fifteen feet of afire hydrant; (c) Within twenty feet of a crosswalk at an intersection; (d) Within thirty feet upon the approach to any flashing beacon or signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (e) Within twenty feet of the driveway entrance to any fire station or, on the side of a street opposite the entrance to anyfire station, within seventy-five feet of said entrance when properly signposted; fi) At any other place where official signs prohibit standing. 4 Section 1205. Model Traffic Code Section 1205 is hereby amended by the addition of the following subsections, which shall read as follows: (4) Obedience to angle parking signs or markings. On those streets which have been approved and signed or marked for angle parking, no person shall stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings; and such vehicle shall be so parked with its front wheel no more than six (6) inches from the curb. (5) Parking not to obstruct traffic or maintenance. No person shall park any vehicle upon a street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance or to leave any vehicle parked at the same place or substantially the same place for a period of seventy-two(72) hours. Section 1208(2). Model Traffic Code Section 1208(2) is hereby amended by the addition of the following subsection, which shall read as follows: In a jurisdiction recognizing the privilege ("parking privilegus for persons with disabilities ") defined by this subsection (2), a vehicle with distinguishing license plates or an identifying placard may be parked in public parking areas along public streets regardless of any time limitation imposed upon parking in such area; except that the privilege need not apply to zones in which: Parking is restricted to short-term parking of thirty minutes or less, as imposed by official signs or meters. Section 1212. Model Traffic Code Section 1212 is hereby amended by the addition of Section 1212, which shall read as follows: Parking meter zones. Wherever parking meter zones have been established on streets or in parking areas regulated by this municipality, the parking of vehicles at places, streets or parts of streets so designated shall be controlled by parking meters between the hours and on the days specified on authorized parking meter signs or legends. Section 1213. The Model Traffic Code is hereby amended by the addition of Section 1213, which shall read as follows: Parking meters. Parking meters installed in parking meter zones established in this municipality shall be so designed, constructed, installed and set as to meet the following conditions: (I) Said meters shall be capable of being operated, either automatically or mechanically, upon the deposit therein of one or more coins or of United States currency or authorized cards or tokens, for the full period of time for which parking is lawfully permitted in any such parking meter zone or, in lieu thereof, for an appropriate fractional period of time. Meters may, as indicated by authorized parking meter signs or legends, regulate parking in either individual parking spaces or multiple parking spaces. (2) Individual space parking meters. Upon the expiration of the time period registered by the deposit on one or more coins, tokens, or cards as provided herein, parking meters for individual parking spaces shall indicate by an appropriate signal that the lawful parking meter period has expired, and during said period of time and prior to the expiration thereof, will indicate the interval of time which remains of such period (3) Multiple space parking meters. Upon the deposit of one or more coins, tokens, or cards as provided herein, parking meters regulating multiple parking spaces shall issue a printed receipt indicating the date of issuance, and expiration time of the interval of authorized parking. (4) Each parking meter shall bear thereon an authorized sign or message clearly legible indicating the days and hours when the requirement to deposit coins, tokens or cards shall apply, the value of the coins, tokens or cards to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located (5) The city may authorize the use of portable~ in-vehicle meters for use in multiple space parking meter zones. Such portable meters, when properly operated, may be used in lieu of receipts issued by multiple space parking meters. Portable meters, when used, must be clearly visible, hanging from the rear view mirror of the vehicle for which the meter is used. Unless otherwise authorized by the city, portable meters shall require the same rate of payment per unit of time as is applicable to the multiple space parking meter zone in which the portable meter is used. Section 1214. The Model Traffic Code is hereby amended by the addition of Section 1214, which shal~ read as follows: Parking meter spaces. (a) Individual parking meters. Parking meter spaces for individual space parking meters shall be of appropriate length and width as determined by an engineering and traffic investigation and may be designated by appropriate markings on the curb and/or pavement of the street. Every vehicle parked in an angle parking space regulated by an individual space parking meter shall be parked wholly in the metered space, with the front end or front portion of such vehicle immediately adjacent to the parking meter for such space. Every ~ehicle parked in a parallel parking space regulated by an individual space parking meter shall be parked wholly in the metered space, with either the front end or front portion or the rear end or rear portion of such vehicle immediately adjacent to the parking meter for such space. ~) Multiple space parking meters. In zones regulated by multiple space parking meters, vehicles shall be parked either parallel or diagonal to the curb, as may be indicated by official signs. Vehicles parked in a manner so that any portion of the vehicle is within the zone regulated by the multiple space meter shall be required to pay the amount indicated by the meter for parking in that zone. (c) Except where prohibited by other provisions of this Code, a vehicle which is of a size too large to beparked within a singleparking meter space shall bepermitted to occupy two adjoiningparking meter spaces when coins, tokens or cards have been deposited in the parking meter for each space so occupied as is required for the parking of other vehicles in such spaces. Section 1215. The Model Traffic Code is hereby amended by the addition of Section 1215, which shall read as follows: Deposit of coins, tokens or cards, time limits. (a) Individual space parking meters. No person shall park a vehicle in any parking space upon a street along side of, next to, or adjacent to which an individual parking space meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a coin or coins of United States currency or authorized tokens of the appropriate denomination as provided in this Code shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation. (b) Multiple space parking meters. No person shall park a vehicle in any multiple space parking meter zone, as indicated by official signs, during the restricted and regulated time applicable to the multiple space parking meter zone unless a coin or coins of United States currency or authorized tokens or cards of the appropriate denominations as provided in this Code shall have been deposited therein, a receipt therefor received from the multiple space parking meter, and the receipt clearly displayed on the dashboard indicating an unexpired interval of time; or, such vehicle displays a validly issued and properly operated portable, in-vehicle meter. No person shall display more than one multiple space parking meter receipt on the dashboard of any vehicle at one time. (c) No person shall Permit a vehicle under the person 's control to be parked in any parking meter space or parking meter zone for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter space or zone, irrespective of the number or amount of coins, tokens or cards deposited in the meter regulating such space or zone. (d) No person shall permit a vehicle within his control to be parked in any parking meter space or zone during the restricted and regulated time applicable to the parking meter space or zone while the parking meter for such space indicates by signal that the lawful parking time in such space is expired, or in multiple space parking meter zones, without displaying a valid multiple space parking meter receipt. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter coins, tokens or cards in such meter. (ed A vehicle may be parked in a parking meter space or zone without operation of the meter on Sundays, on holidays as defined by this Code, and during those hours of the day when the requirement to deposit coins, tokens or cards does not apply, as determined from the parking meter szgn or legend. OO The provisions of this section shall not relieve any person from the duty to observe other and more restrictive prowsions of this Code or official signs or parking meter legends prohibiting or limiting the stopping, standing or parking of vehicles in specified places, at specified times, or in a specified manner. (g) No person shall deposit or attempt to deposit in any parking meter any slug, button, or any other device or substance as substitutes Jbr coins of United States currency, authorized tokens or cgrds, and no person shall deposit any lawful coin, token or card that is bent, cut, torn, battered or otherwise misshapen. Section 1216. The Model Traffic Code is hereby amended by the addition of Section 1216, which shall read as follows: Clearance between vehicles. No person shall stand or park a vehicle in such a manner as to leave available less than 2feet clearance between vehicles when parked. Section 1217. The Model Traffic Code is hereby amended by the addition of Section 1217, which shall read as follows: Parking for certain purposes prohibited. No person shall park a vehicle upon a roadway for the principalpurpose of' (a) Displaying such vehicle for sale; (b) lVashing, greasing, painting, or repairing such vehicle except repairs necessitated by an emergency; (c) Displaying advertising. Section 1218. The Model Traffic Code is hereby amended by the addition of Section 1218, which shall read as follows: Fraudulent use of parking resources. No person shall park a vehicle upon a street or in an alley of the City of Aspen using action or actions intended to circumvent the enforcement of the 1995 edition of the "Model Traffic Code for Colorado Municipalities" as amended by ordinances of the City of Aspen. 8 Section 1416. The Model Traffic Code is hereby mended by the addition of Section 1416, which shall read as follows: Violation of registration provisions. It is unlawful for any person: To park, or for the owner or operator thereof knowingly to permit the parking upon a street or property of the City of Aspen, of any vehicle or trailer coach subject to registration under the laws of the State of Colorado or the laws of any other jurisdiction, which is not registered pursuant to Colorado law or which does not have attached thereto and displayed thereon the number plate or plates assigned thereto by the department for the current registration year. This section does not apply to vehicles or trailer coaches with dealer plates or depot tags displayed in accordance with laws applicable to such use for motor vehicle dealers and manufacturers. ARTICLE II Section 102. Model Traffic Code, Article I~, Section 102, is hereby amended by the addition of the following subsection, which shall read as follows: (29.5) "Holidays." Where used in this ordinance or on official signs, "holidays" shall in addition to Sundays mean New Year's Day, Martin £uther King, Jr. Day, Presidents' Day, Independence Day, £abor Day, Columbus Day, Thanksgiving Day, Christmas Day and any such additional statutory holidays as may by ordinance be declared applicable. (d) Penalties. The following penalties, herewith set forth in full, shall apply to this section. (1) It is unlawful for any person to violate any o£the provisions adopted in this ordinance. (2) Every person convicted of a violation of any provision adopted in this ordinance shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding one year, or by both such fine and imprisonment. (e) Application. Tl~is ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, either within or outside the corporate limits of this municipality, the use of which this municipality has jurisdiction and authority to regulate. The provisions of Sections 1401, 1402, 1413, and part 16 of the adopted Model Traffic Code, respectively concerning reckless driving, careless driving, eluding a police officer, and accidents and accident reports shall apply not only to public places and ways but also throughout this municipality. 9 (f) Validity. If any part or parts of this ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. (g) Repeal. Existing or parts of the ordinance identified as Section 24.04.020, Model Traffic Code, of the Aspen Municipal Code of the City of Aspen, Colorado, covenng the same matters as embraced in this ordinance are hereby repealed and all ordinances or pans of ordinances inconsistent with the provisions of this ordinance are hereby repealed. except that his repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. (h) Interpretation. This ordinance shall be so interpreted and constructed as to effectuate its general propose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of the ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. (i) Certification. The City Clerk shall certify to the passage of this ordinance and make not less than three (3) copies of the adopted Code available for inspection by the public during regular business hours. _Section 3. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 10 Section 5. A public hearing on the ordinance shall be held on the day of ., 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the.. day of _, 2003. Helen Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2003. Helen Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk 11 MEMORANDUM TO: Mayor Klandemd and City Council FROM: Joyce A. Al!gaier, Deputy Director of Community Development THRU: Julie Ann Woods, Community Development Director ~ THRU: Steve Barwick, City Manager DATE: September 22, 2003 RE: Little Ajax Housing PUD-Continuation of Public Hearing from September 22 to October 14, 2003 SUMMARY: The applicants, Peter Gluck and Charlie Kaplan, have requested a continuation of the public hearing on the Little Ajax Housing PUD from September 22 to October 14, 2003. The applicants are continuing to evaluate financial options and create a pro-forma for the development, considering participation from other developers in need of housing mitigation options and the potential involvement of the City of Aspen. Staff has requested that the applicants have a firm proposal to discuss with the City Council for the meeting on October 14a'. As you know, the City Manager and Finance Director have prepared information for the Council that will assist you in determining the City's capability to involve itself in this affordable housing development project. The purpose of the meeting on October 14th will be to discuss the financial aspects of the proposal and potential city involvement, not the substantive aspects of the development scenario, except to the extent that it is necessary to consider the unit number and mix from a financial analysis perspective. Once the threshold question of City inVolvement is answered the applicant will proceed with land use approvals for the applicable development scenario. STAFF RECOMMENDATION: Continue the Little Ajax Housing PUD Public Hearing to October 14, 2003. CITY MANAGER COMMENTS: TO: Mayor and Council FROM: Loren Ryerson, Chief of Police THRU: Steve Barwick, City Manager DATE: August 2, 2003 RE: Court Surcharge Ordinance SUMMARY: Staff and citizens met with council at a substance abuse work session on August 19, 2003. At that work session various ideas ~em discussed to help fund substance abuse programming. One of the ideas presented was a court surcharge on alcohol related offenses. This idea was met with general interest by City Council and direction was given to move the idea forward to an ordinance. PREVIOUS COUNCIL ACTION: City Council members have consistently shown their concern for Substance abuse issues by supporting staff work on issues regarding regulation, education and detoxification and recovery. Aspen City Council established a Liquor Board to advise council on issues related to Liquor licensing and related issues. City Council has funded grant proposals to explore possible solutions for local detox, and recovery services. City Council continues to provide funding to subsidize the regional Colorado West Recovery Center. BACKGROUND: Information on court surcharges was researched by the Aspen Police Department and the City Attorney's Office. This research indicated that many other municipalities in the State of Colorado have enacted similar ordinances. Most of these ordinances support substance abuse programs, Victim and witness assistance as well as police training in these areas. A similar surcharge ordinance in Basalt provides enough funding to cover that community's commitment to support the regional detox program. Glenwood Springs and Carbondale have court surcharges for similar purposes. DISCUSSION: The 9th Judicial District Victim Witness Assistance program provides services to those victims and witnesses of State offenses, such as Murder, Sexual Assault and Domestic Violence. The County and District courts in Pitkin County also have a sumharge to support Tipsy Taxi and Detox services. This municipal ordinance would provide funding for services to those who may not have access to existing programs, because their case is appropriate for Municipal Court. Based on the research them seemed to be a precedence set for combining funding for both substance abuse programming and victim/witness assistance programs. Them also seemed to be precedence for adding the surcharge on to most municipal offenses. FINANCIAL IMPLICATIONS: Support for the various substance abuse programs has come from the General Fund at City Council's discretion through the supplemental budget process. There has not been a direct or indirect link to any revenue source for these expenditures. For example, Year 2002 revenues generated by municipal fines was $42,720.00. If the Court had added the 35 % surcharge to all of those fines, this ordinance could have generated $14,952.00. The City of Aspen subsidy for the regional detox program in 2002 was approximately $8,900.00. Federal and state grants occasionally become available for these programs and matching funds are often a requirement. This fund could be used to cover some of that financial commitment. RECOMMENDATION: Staff recommends passing this ordinance as a reasonable way of offsetting the costs for these needed programs. ALTERNATIVES: If Council does not want to approve the staff recommendation, funding requests could continue to be made on a yearly basis through the supplemental budget process. Funding for these projects would compete on a yearly basis With other city wide supplemental requests. PROPOSED MOTION: "I move to approve Ordinance # z~5/.- ~ 2003 The Victim, Witness and Law Enforcement Surcharge Ordinance ORDINANCE ~, SERIES OF 2003 AN ORDINANCE OF THE CITY OF ASPEN, COLORADO; AMENDING SECTION 1.04~080 OF THE ASPEN MUNICIPAL'CODE}EN~TEED "GENERAL PENALTY FOR VIOLATIONS OF CODE; CONTINUING VIOLATIONS; DEFAULT" BY ADDING A SUBSECTiO~ ESTXBLiSHiNG A "SURCHARGE" ON FINES IMPOSED FOR CRIMINAE AND TRAFFIC VIOLATIONS OF THE MUNICIPAL CODE, WHEREAS, Colorado Revised Statutes Section 24-4.2-109 expressly provides that a home rule municipality such as the City of Aspen may enact ordinances to provide funds for law enforcement agencies and victims and witnesses assistance programs through charges assessed on fines imposed for violation of local ordinances, and WHEREAS, Section 1.04.080 of the Aspen Municipal Code, entitled "General Penalty for Violations of Code; Continuing Violations; Default," provide~ the potential fines, imprisonment, and costs for a violation of a provision of the municipal code or a municipal ordinance, and WHEREAS, the City of Aspen finds that itis in the best interests of the community to assess a surcharge for violations of a criminal or traffic provision of the municipal code or a municipal ordinance to provide funds for the Aspen law enfomement agencies and for victims and witnesses assistance programs, and WHEREAS, the proposed ordinance promotes the health, safety, and welfare of the citizens of the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITy COUNCIL OF THE CITY OF ASPEN, COLO~O; THAT: Section 1. That Section 1.04.080 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a subsection "(f)," which shall read as follows: (/) A surcharge equal to thirty-five percent (35%) of the fine imposed for violation of all municipal ordinances included in Chapter 15.04 of the Aspen Municipal Code, entitled "Miscellaneous Offenses and Penalties, "and for violation of any offense included in Section 24.04. 020 of the Aspen Municipal Code, entitled the "Model Traffic Code," but excluding parking tickets, shall automatically be levied on each municipal court action resulting in a conviction, plea of guilty or no contest, or in a deferred judgment and sentence, provided that the total of said fine and surcharge shall not exceed the maximum fine established for such violation under this code. All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. In the event a portion of the fine is suspended, the surcharge levied shall be computed based upon the original fine prior to the suspension. Said surcharge shall be paid to the City of Aspen in the same manner as the fine, and the surcharge portion shall be placed in the "Victim, Witness, and Law Enforcement Surcharge Fund. "DisburSement of the funds shall be in accordance with the guidelines set forth herein. The Aspen Chief of Police or his/her designee shall make recommendations to City Council regarding and shall administer the disbursement of funds known as the "Victim, Witness, and Law Enforcement Surcharge Fund" which is collected pursuant to this subsection. All disbursements shall be first approved by resolution of the Aspen City Council. The fund may be used for any of the following purposes: (1) Provision of services for early crisis intervention; (2) Provision of telephone lines for victims and witnesses assistance; (3) Referral of victims to appropriate social service and victim compensation programs and assistance in filling out forms for compensation; (4) Assistance programs for victims and their families; (5) Education of victims and witnesses about the operation of the criminal justice system; (6) Assistance in prompt return of the victim's property; (7) Notification to the victim of the progress of the investigation, the defendant's arrest, subsequent bail determinations, and the status of the case; (8) Intercession with the employers or creditors of victims or witnesses; (9) Assistance to the elderly and to persons with disabilities in arranging transportation to and from court; (lO) Provision of translator services; (10 Coordination of efforts to assure that victims have a secure place to wait before testifying; (12) Provision of counseling or assistance during court appearances when appropriate; (13) Protection from threats of harm and other forms of intimidation; and (14) Special advocate services. (15) Grants of money to City of Aspen law enforcement agencies for, but not limited to, the following purposes: purchase of equipment, training programs, and additional personnel. Such moneys shall not be used for defraying the costs of routine and ongoing operating expenses. (16) For the funding or partial funding of a substance abuse assistance program receiving referrals from City of Aspen law enforcement agencies. The "Victim, Witness, and Law Enforcement Surcharge Fund" shall be maintained by the City of Aspen Finance Department in an interest bearing account. Any funds remaining in the "Victim, Witness, and Law Enforcement Surcharge Fund" at the end of the fiscal year shah automatically carry over in their entirety to the next fiscal year. Section 2. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and indePendent provision and shall not affect the validity of the remaining portions thereof. Section 4. A public hearing on the ordinance shall be held on the day of ,2003, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, AsPen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as pr°vided by law by the City COuncil of the City of AsPen on the day of ,2003. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adOpted, passed, and approved this day of ., 2003. Helen Kalin KlanderUd, Mayor ATTEST: Kathryn S. Koch, City Clerk MEMORANDUM To: Mayor and Council From: Gary Kalkman & Steve Smith Thru: Loren Ryerson, Chief of Police Thru: John Womester, City Attorney Thru: David Hoefer, Assistant City Attorney Thru: Steve Barwick, City Manager Date: March 16, 2003 Re: An Ordinance of the City of Aspen, Colorado, Amending Section 1.04.080 of the Aspen Municipal Code, Entitled "General Penalty for Violations of Code; Continuing Violations; DefaUlt'' by Adding a Subsection Establishing a "Surcharge" on Fines Imposed for Criminal and Traffic Violations of Municipal Code. SUMMARY: The costs for victim/witness assistance, alcohol detoxification, and drug and alcohol treatment continue to rise, as well as compete for limited funding. The Police Department has studied the impact of implementing a surcharge to be assessed upon conviction of criminal violations and traffic violations in the City of Aspen Municipal Court. Revenue from those surcharges are suggested to be used for crime victim and witness assistance, for grants of money to City of Aspen law enforcement agencies, and funding for the support of any future local alcohol and/or drug detoxification center or substance abuse treatment programs. There are an average of 140 convictions per year in Aspen Municipal Court. The Police Department recommends that a surcharge of 35% of any fine for a conviction resulting from a trial to the court, jury trial, plea agreement, deferred judgment, or nolo contendre decision, be added to the final fine and court costs, and committed to a fund, not to co-mingle ~vith any other City of Aspen revenue, for the above mentioned programs. A surcharge for municipal court is permitted pursuant to Section 24-4.2-109 of the Colorado Revised Statutes. PREVIOUS COUNCIL ACTION: NONE BACKGROUND: Committees in the upper Roaring Fork Valley have been looking into the issues of the impact of how alcohol and drug abuse contribute to causation of crime and disorder, the lack of funding for a locally administered alcohol/drug detoxification facility, and funding to assist the victims of crime. The Police Department has embarked on an analysis of directing funding generated by criminal convictions from the Aspen Municipal Court to assist in mitigating the impact of alcohol and drug related criminal acts. DISCUSSION: We contacted approximately 25-30 other municipalities, and all but two have a surcharge on convictions in Court. The City of Basalt, for example, has a 25% surcharge on the total fine on all municipal ordinances and traffic offenses, with the money generated being used for victims' advocates, police equipment, police training, and additional police personnel. The other municipalities with surcharges use their funds for programs that include: victims' assistance, "safe ride - tipsy taxi" programs, local DARE funding, teen court funding, court fee's, probation fee's, services for the indigent, and traffic and bicycle public safety zone improvements. The average surcharge of other municipalities is 35% of the fines levied. (Note: a surcharge of 37% is permitted by state la,v). FINANCIAL IMPLICATIONS: The financial cOsts to the City of Aspen of this proposal are minimal. The municipai court clerk, Reed Patterson, has informed the goal group that tracking the costs and payments would be easily assimilated into the fines and penalties collection process by the municipal court. The fund would be maintained by the City of Aspen Finance Department. No increase in budget needs is foreseen. Based on the number of convictions, it can be estimated that around $5000.00 would be generated each year from the surcharge using the 35% average and 140 convictions a year. RECOMMENDATION: It is recommended that a surcharge of 35% be assessed on the final fines and court costs for defendants convicted in the Aspen Municipal Court for all criminal offenses and traffic violations (this would exclude Parking violations). It is recommended that the surcharge be imposed for dispositions that are the result of trial to the court, trial to a jury, no contest/nolo contendre, deferred judgments, and/or plea's of guilty. These funds would then go into programs as appropriate, such as victims' assistance and a future detox facilityl CITY MANAGER COMMENTS: TO: Mayor and Council FROM: Lee Cassin, Environmental Health Director 2~ THRU: Julie Ann Woods, Community Developmem Director ~f~-~ THRU: Steve Barwick, City Manager DATE: September 9. 2003 RE: Adoption of City of Aspen Emergency Management Plan SUMMARY: If Council approves this resolution adopting the attached Aspen Emergency Response Plan. the City will have in place the basic framework for response to any natural or human-caused emergency. The plan describes - for any ~ype of emergency - who is responsible for what. specifies the use of an Incident Command System for organizing the emergency response, and describes additional "annexes" or appendixes that need to be developed PREVIOUS COUNCIL ACTION: At its work session on Jtily 29. 2003. Council provided ~staff With direction and recommended changes to the draft emergency plan. Those changes have been incorporated in the attached emergency response plan. ~ BACKGROUND: The basic plan is in a format :ommon to most emergency response plans, to provide uniformity among emergency responders and staff. This plan is a modified version of the Pitkin County Emergency Management Plan, so that it follows the County plan as much as possible while being altered to fit specific requirements of the City where necessary. A staff group developed the plan with representatives from the Police. Risk, Water, and Environmental Health Deparunents. A draft plan was reviewed by City department heads, revised based on their input, and submitted to them again for their final review. A crucial aspect of any emergency response plan is that it is never "final". The City's plan will be refined, added to, and improved based on the City's experience and that of other jurisdictions, as we conduct tabletop drills, perform drills within deparrmems, and respond to real-world situations. The attached plan is a basic starting point, to be continually improved. DISCUSSION: Major components of the plan include the following: · Commitment to use an Incident Command System response, so that city employees will all know exactly how to respond efficiently in any emergency · Description of roles of o The Incident Commander (in charge of all response operations, such as sending in search and rescue reams, providing perimeter control, and deploying heavy eqmpment); o the Mayor and Council (ensuring that local ordinances and budget are adequate to provide the flexibility and ability to respond to and recover from an emergency, making emergency policy decisions) o the Mayor, or in his or her absence, the City Manager (to declare a local state of emergency if the emergency exceeds the City's ability to respond) City Manager (coordinates use of City resources to respond, and makes resources available as requested by the Incident Commander) o City Department Heads (maintaining department emergency standard operating procedures, performing functions requested by the Incident Commander) (> Specific City Departments, such as Police. Finance. and Attorney · Discussion of how elected officials coordinate and work with the incident management group and incident commander · There are additional elements, some of which are required in any emergency, and some of which are specific to a given incident. These "annexes" are to be developed fully in the future and include commumcation among emergency responders, mass shelter, evacuation, fire. health and medical casualty, public information, restoring infrastructure and utilities, hazardous materials, terrorism. rescue, and transportation. These 'elements'have for the most part already been carefully addressed. but have not been integrated into the basic plan. It is staff's intention to adapt the County's annexes to fit the City's needs, rather than starting from scratch. · The plan discusses line of succession for each position. · The plan contains, as an appendix, the legal authorities for emergency response. FINANCIAL IMPLICATIONS: Adoption of this plan will not have any costs to the City. However, to implement it will require as-yet-unidentified expenditures in the future. Resources will be shared with the County as much as possible, and grants used to buy needed equipment. However, there are still likely to be costs for some 'items. Examples might be providing computer and phone service to backup operations center, purchase of radiation momtors, and training. Staff time will be required. If an emergency occurs, there will likely be many costs to the city. RECOMMENDATION: Staff recommends Council adopt this basic emergency management plan. and provide any direction they may have to staff for priorities in developing annexes or other additions to the plan. ALTERNATIVES: Council could make rewsions to the plan at this time or direct staff to come back with a revised plan. PROPOSED MOTION: "I move to approve Resolution # ~ ~ Series of 2003" RESOLUTION # ~'? (Series of 2003) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ESTABLISHING AND ADOPTING AN EMERGENCY MANAGEMENT PLAN WHEREAS. the City of Aspen may be at risk from a variety of natural or human- caused emergencies, such as snowstorms, dam failures, mudslides, and transportation accidents, and WHEREAS, the City of Aspen wishes to be as prepared as possible to deal with such events in order to minimize loss of life and damage to property, and WHEREAS, Title 24, Article 32, Part 2107, Colorado Revised Statutes, also known as the "Colorado Disaster Emergency Act" stipulates that each City shall be subject to its County's emergency management plan unless that City has adopted its own emergency management plan, and WHEREAS. the City of Aspen wishes to have its own emergency management plan to allow it to deal with emergencies or disasters within the City of Aspen, NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: The City Council of the City of Aspen hereby approves and adopts the City of Aspen Emergency Management Plan appended hereto as Exhibit A. The City Emergency Management Plan shall be reviewed and revised on a periodic basis, and if changes are significant, shall be brought to the City Council for approval of such changes. Dated: Helen Kalin Klanderud, Mayor I. Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado. at a meeting held on Kathryn S. Koch, City Clerk The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN Introduction The City of Aspen's Basic Emergency Management Plan explains the roles and responsibilities of city employees, city departments and other organizations m an emergency occurring in the City of Aspen. It describes the series of events that should happan before, dm-lng and a~er an emergency. The plan is designed to deal with any type of emergency, and uses the Incident Command System. This plan generally follows the Pitk'm County Basic Emergency Plan, so that personnel respond~g to incidents in either jm'isdiction will use the same plan elements. The City plan has been written in a way that it is hoped will be understandable by those without emergency plauning backgrounds. This plan is based on various functions that must be performed before, dm~g and after an emergency, such as public information and law enforcement, and is not based on departmental functions. During an emergency, all city employees will be members o£the city emergency management team, and many will be assigned tasks outside their normal jobs. Tlzis plan addresses the basic questions, "Who is in charge of what?", "What should I do?", and "Where can I get L~formation and help?" This plan has three parts. The first is the Basic Emergency Plan. It describes the system used in dealing with any emergency, identifies general responsibilities and tasks, and identifies "Who is in charge of what". The plan also will contain docm~aants called "annexes" that describe specific response fi~nctions, like hazardous materials or public information. The annexes describe what should be done and who does these specific functions. The plan contains supplemental information such as legal authority for this plan (see Appendix 2, "Authorities"), sources of information, and examples of issues to be considered in specific disasters (sec Appendix 1, Hazard Analysis). I, AUTHORITY: The legal authorities for this document are described at the end of this document in Appendix 2, "Authorities", and include authorities found in state and federaI regulations and in the City of Aspen Home Rule Charter. H. PURPOSE: The City of Aspen's Emergency Management Plan establishes procedures to be used in an emergency. It provides a way To expand the system when resources are required beyond those available in the City of Aspen and describes how different agencies will coordinate their efforts. The plan answers three questions: D who is in charge, 2) what is my role. and 3) whm are the specific procedures? The goal of the plan is to shorten reaction and response time_ facilitate making critical decisions during emergencies, and improve organization and coordination of response efforts. The plan describes how the city will: ~' Prepare for emergencies. This involves preparing this plan, participating in training exermses and drills, and attending u'aming courses. } Respond during emergenmes including how efforts will be coordinated, commttulcation among agencies, and roles and tasks. } Recover by developing a system to assess damage, keep records, and remm the City to its normal state of affairs. ~' Mitigate or lessen the impact of an emergency by preventive measures such as building inspections and stormwater management plans. October, 2002 Page 7 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN III. SITUATION AND ASSUMFI~ONS A. Situation: A hazard analysis and vulnerability study has indicated that the City of Aspen is at risk from numerous hazards associated with natural and human-caused emergencies. Some of the types of hazards are discussed in Appendix 1, "Hazard Analysis". B. Assumption: Outside assistance might be available in emergency situations that affect the Cky of Aspen. However. this outside help may not arrive for several hours to days. Although this plan defines procedures for the accessing and coordination of outside assistance, it is essential for the City to be prepared to carry our emergency response and short-term actions on an independent basis, before outside help arrives. IV. CONCEPT OF OPERATIONS: A. General: This plan is a collection of tools designed for use in an emergency or disaster. The plan provides an effective incident management process for events that require more than one agency. The plan uses an Incident Command System with an identified Incident Commander. The nature and magn/tude of the emergency will determine whinh of the plan's tools are implemented. As an incident becomes larger and more complex, the incident command structure enlarges according to need. This plan is based upon the concept that the emergency functions for the various City Departments will, where possible, parallel normal day-to-day opemtiens. To the extent possible, the same personnel and material resources will be employed in both cases. However, at times during emergencies, personnel may be pressed into duties other than their normal duties. Planning and emergency action checklists will heip in such cases. If necessmy, activities or operations that do not contribute directly to the resolution of an emergency may be suspended for the duration of the incident. Efforts may be redirected to support emergency operations. In view of the City of Aspen's susceptibility and vulnerability to natural and human-cansed disasters, technologicai incidents and other man-made emergencies, continuing emphasis will be placed on: ~' Emergency plarming. ~' Training of the City's employees. ~ Publie awareness, education and training of our citizens. ~ Assuring the adequacy and availability of sufficient resources to cope with such emergencies. } Mitigation measures to prevent or reduce losses from disasters, including the development and enforcement of appropriate land use, design, and col~stmction regulations. B. Critical Incident Stress Management Emergencies may overwhelm the responders' capacities to psychologically deal with an incident, may take a serious toll on the responders' lives, and may interfere with their ability to function on-scene or later. October, 2002 Page 2 The Cily of Aspen BASIC EMERGENCY MANAGEMENT PLAN Critical incident stress management assistance will be provided by the City of Aspen, and will be coordinated by the City Human Resoumes Director. The City will acquire the necessary resources in the event of an emergency to provide these services. Assistance will be available to affected City employees, assisting personnel closely associated with the emergency response, and immediate family members. The City Manager or Incident Commander may request that stress management assistance be provided. It will be made available in situations such as: · the death or serious injury of an emergency services worker, · mass casualty incidents, · police shooting, · events that seriously threaten the lives of msponders. · death of a child or violence to a child, · loss of life of a patient following extraordinary or prolonged rescue efforts by emergency serv/ces personnel, · incidents that attract excessive media coverage, · personal identification with the victim or the circumstances. · events Where the victims are~ relatives or friends of emergency personnel, · any incident that is charged with profound emotion, and · any incident in which the circumstances produce a high level of immediate or delayed emotional reaction. Interventions that will be available to responders Include on-scene support services, debrie£mg, individual consultations, informal discussion, and follow-up services. The City will provide pre-incident training in stress management. C. Phases of Emergency Management: This plan is designed m deal with all types of emergenmes and acknowledges that most responsibilities and functions performed during an emergency are common to different emergencies. For example, in emergencies ranging from mudslides to bioterrorism, the public may have to be kept out of certain areas, shelter and food may have to be provided to displaced people, and medical help may be needed. This plan accounts for functions that must be performed before and after, as well as during emergency operafmns. The four phases of emergency management are addressed as shown below: 1. Preparedness: Preparedness activities develop the capabilities needed in the event of an emergency. They include preparedness plans, emergency exercises/training, developing warning systems, emergency communication systems, evacuation plans, and resource inventor/es. 2. Response Phase: Response activities involve responding to an actual disaster or emergency. These activities include public warning, notification of public authorities, evacuation, rescue, mobil/zation of emergency personnel/equipmenu emergency medical assistance, fire fighting, activation of emergency coordination cemers, restoration of vital services, declarations of disaster, public information, and search and rescue. 3. Recovery. Phase: Recovery activities remm the community and a~enmes to normal. Activities include temporary housing and food, long-term medical care. disaster unemployment insurance, restoration of non-vital services, reconstruction of damaged areas, damage insurance/loans and grants, public informatinn_ health and safety education, counseling programs, and economic impact studies. October, 2002 Page 3 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN 4. Mitigation/Prevention: Mitigatior)/Prevention activities eliminate or reduce thc probability of a disaster occun'mg or reduce its impacts. Activities may include review of building and fire codes, flood plain management, insurance, public education programs, vulnerability analyses, tax incentives or disincentives, zon~g and land use management to reduce impacts, building use regulations and safety zones, defensible fa'e spaces around buildings, and allocating resources for monitoring and improved response capabilities. V. ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES: A. General: The Incident Commander is in charge of the incident. The Incident Commander provides on-scene management of the incident response. The Incident Commander directs the operations used in responding to the incident, obtains the necessary resources and expertise, develops action plans for the incident, collects information and data on the incident, keeps track of costs of responding to the incident, provides information to the media, ensures the safety of all assigned personnel, and coordinates with other agencies. The Incident Commander may assign personnel to provide some or all of these functions. The Mayor, or in his or her absence, the City Manager, may declare a local state of emergency. If the emergency exceeds the City's capability to respond, assistance may be requested from the County, neighboring jurisdictions and/or the State. The City Charter gives the Mayor, or in his/her absence, the City Manager, the primary responsibility for emergency management activities within the City upon the declaration that an emergency exists in accordance with Section 13.8 of the City Charter. As a general role, the Mayor and City Council do not get involved in the operational or management aspects of an emergency response, but delegate management responsibility to the City Manager. Holding a City Council meeting to provide for response to unanticipated circumstances occurring during an emergency is usually not practical. The City Manager coordinates City resources and makes them available as requested by the Incident Commander. Resources. responsibilities, and decision-making in an incident are based on this emergency plan, adopted by the City Council. By approving this document, the authority for day-to-day decision-making about release of city resources during an emergency is vested in the City Manager. The City Manager or his/her designee acts as the liaison between the Emergency Coordination Center and the Aspen City Council. There is a separate liaison between the Incident Commander and the Emergency Coordination Center. See Appendix 3, Emergency Management Organization Chart. The Mayor and City Council are responsible for ensuring that local ordinances and resources are in place providing the flexibility and ability to effectively respond to and initiate recovery from an emergency. All City Department Heads are responsible for developing and maintaining their own standard emergency operating guidelines. During an actual emergency, individual deparanents and individuals may perform functions other than their normal duties, and may act in support of others, performing different functions. The annexes to this document describe special functions that may be performed by various depanments. As an example, if a mudslide occurred, the Incident Commander would oversee all operational aspects of the disaster, such as dispatching search and rescue teams, ordering perimeter control, and requesting and deploying heavy equipment. 'fhe City Manager would direct some or all City Depam:aant Heads to put their resources and personnel at the disposal of the Incident Commander (IC), would make adrainistmtive decisions regarding city personnel and resources, and would inform elected officials when policy decisions were required. The Mayor and City Council would be available to make policy decisions such as allocating additional budget expenditures to support the emergency if time allowed, making public statements as requested by the Incident October. 2002 Page 4 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN Commander (for example if the IC wanted the mayor m make a statement urging people not to panic), and declaring an emergency. B. Responsibilities: 1. Elected Officials Group: During an emergency, elected officials will be available to consult with the City Manager if he/she feels policy decisions are required to implement response activities dictated by the Incident Commander. The City Manager or his or her designee will act as a liaison between the Emergency Coordination Center and the Elected Officials. The Elected Officials group does not have operational authority The Mayor · decides whether to declare a state of emergency, · makes emergency policy decisions such as imposition of curfews, · requests County or other outside assistance when necessary, at the request of the Incident Commander. If there is not a quorum of the City Council, or if there is not adequate time in an emergency and a timely decisiOn must be made about any aspect of the emergency response, the Ciw Manager will make the decision and discuss it with the Elected Offiaials as soon as there is a quori/m6r time allows. 2. Incident Management Grom~ (at the Emergency Coordination Center) During an emergency or disaster, this group allocates city resources, provides public information as requested by the Incident Commander, and supports the response effort. It will be comprised of either ail or some of the following representatives or their designees, depending upon which departments are affected by the incident. Elected officials will be consulted to the maxunum extent possible during the emergency. The incident management group does not have operational authority. City Manager, Chief of Police, City Attorney, Finance Director Department Heads as needed including emergency services responders or support agencies (For example if the water treatment planl were affected, the Utilities Director would be present; in a bioterrorism incident. Enviroamentai Health would be present:. Only necessary department heads would be present.) County Emergency Management Coordinator a. The City Manager · Has authority to release city personnel, assets and resources./n both city emergencies, and by mutual aid agreement. The City Manager will coordinate closely with the Incident Management Group and Aspen City Council and support efforts through city depanmants and resources to accomplish the incident objectives. · City Manager does not take an active role in the emergency management plan operation in the field. · Directs the overall preparedness program. · Acts as liaison between elected officials and the incident management group, · Assures that all Departments develop, maintain and exercise their respective annexes to this plan and their standard operating guidelines. · Supports the overall preparedness program in terms of its budgetary and organizational requirements. October. 2002 Page 5 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN · Designates an Emergency Coordination Center (ECC~ Director if it has been activated. May request the County Sheriff. Aspen F/re Chief, County Emergency Management Coordinator, or other person to act in this capacity. · Makes emergency policy decisions when time constraints mqu/re timely action. b. The City Attorney · Provides legal counsel to the Mayor, City Council, City Manager, Incident Commander, and department directors on expanded powers and legal limitations during an emergency. · Provides legal assistance on proclaim'rog a state of local emergency, declaring any local emergency measures, and emergency ordinances. c. The Finance Director assures that city funds are accessible to effectively respond to the emergency, and that adequate records are kept of expenditures. d. The Chief of Police will act at the City Manager's direction to ensure that law enforcement activities are provided. e. The County Emergency Management Coordinator · Provides advice to the City on emergency matters. · Provides advice on the City's planning and preparedness and on maintenance of th/s plan. · Tr~ms emergency management personnel. · Makes sure the Emergency Coordination Center is ready to use. 2. Other Department Heads: All City Department Heads are likely to have responsibilities during a disaster, as assigned by the Incident Commander or City Manager. They are required to implement their department emergency standard operating procedures unless directed otherwise by the City Manager or Incident Commander. If a g~ven department is not performing ks usual function during a disaster, its employees may be required to work full time in the disaster in a support role. 3. Outside Emergency Services: Outside response agencies that provide services required for a rapid and effective first response effort may include but are not limited to Mountain Rescue Aspen, Emergency Medical Services, Aspen Ambulance. Fire Deparrmems, the Aspen/Pitkin County Commurcication Center, Aspen Valley Hospital, and other agencies through mutual aid agreements. 4. See Appendix 3, "Emergency Management Organization Chart", for an illustration of how different groups work together in an emergency. C. Annexes/Specific Response Functions: The "Annexes" in this plan will address specific emergency functions such as radiological monitoring, temporary shelter, and evacuation. The City will develop the full annexes by reviewing the County annexes and revising if necessary to reflect any changes needed for City functions. Once each armex is written, any mutual aid agreements necessary to implement the annex will be obtained. For each annex, this plan lists the · function, · the lead agency and support agencies for writing the annex (other agencies or organizations may actually implement the annexes), · what needs to be done. October, 2002 Page 6 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN 1. WARNING TO RESPONDERS AND PUBLIC - ANNEX A: ASPEN/PITKIN COUNTY COMBINED 'COMMUNICATION CENTER ("DISPATCH") a. Develops a plan for disseminating warnings to the public and City officials in the event of an impending or oecunSng emergency situation. For example, warnings might be given if a mudslide were predicted. b. Contacts responding agencies to inform them of the emergency and required action. Activates Joint Information Center (JIC). Develops plan for contacting responding agencies. c. Maintains current contact lists. 2. COMM-tYNICATIONS AMONG RESPONDERS, AGENC]]~S, PUBLIC - ANNEX B: ASPEN/PITKIN COUNTY COMBINED COMMUNICATIONS CENTER a. Establishes and maintains the emergency communication system, including activating the incident dispatch system if needed. b. Coordinates the use of all public and private communication systems during emergencies. c. Manages and coordinates all emergency communication operations with the Emergency Coordination Center once activated. d. Helps track where resources are used and needed e. Ensures thal adequate communications equipment is available for use by the City during an emergency. 3. SHELTER/MASS CARE/ltUMAN SERVICES - ANNEX C: AMERICAN RED CROSS, COUNTYEMERGENCY MANAGEMENT, ASSET MANAGEMENT, ENVIRONMENTAL HEAL TH DEPARTMENT a. Red Cross provides food, shelter and clothing to the victLms of the disaster and to disaster workers when needed. Red Cross sets up shelter and food when notified of a disaster. b. The Red Cross identifies possible evacuation and shelter sites and contacts site owners to obtain agreement te use facilities in an emergency. City agencies work with the Red Cross to make available shelter sites if needed and to assist in making sure adequate supplies are available. c. Provides inspection of food service facilities in shelters. 4. RADIOLOGICAI, PROTECTION - A.N~EX D: October 2002 Page 7 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN ASPEN ENVIRONMENAL HEALTH DEPARTMENT, ASPEN FIRE PROTECTION DISTRICT, LOCAL EMERGENCY PLANNING COMMITTEE a. Seeks assistance fi.om State and Federal agencies to determine whether increased radiation levels exist, and to provide advice to the Incident Commander and City Manager about recommended actions. b. Investigates feasibility of obtaining basic radiological monitoring equipmen~ for availability in determining whether radiation has been released in a spill or emergency. 5. EVACUATION - ANNEX E: CITY TRANSPORTATION DEPARTMENT, ASPEN POLICE DEPARTMENT, RED CROSS, COUNTY EMERGENCY MANAGEMENT, CITY ENGINEERING, CITY RISK MANAGEMENT a. Provides policies and procedures for the evacuation, dispersal, or relocation of persons threatened in hazardous areas during disasters. These procedures will be implemented once [he Incident Commander determines that evacuation is necessary. b. Identifies City Departments and private sector groups who could provide assistance. Invesugates development of an agreement with the Roaring Fork Transit Agency ro provide transportation services h~ an emergency. c. Identifies high hazard areas, the number of potential evacuees, and possible evacuation locations. 6. FIRE - ANNEX F: ASPEN FIRE PROTECTION DISTRICT, ASPEN AMBULANCE, ASPEN BUILDING DEPARTMENT a. Provides f~re suppressiom limits the loss of life and property from fires and other threats and provides emergency medical care. b. Responsible for frre safety inspections ofsheltersl c. Provides for inspection of damaged areas for fh:e and safe~y hazards. 7. LAW ENFORCEMENT - ANNEX G: ASPEN POLICE DEPARTMENT a. Responsible for law enforcement, traffic and crowd control, scene/perimeter security, and isolation of damaged areas. b. Provides reconnaissance and reports on damage. c. Evacuates areas at risk. 8. HEALTH AND MEDICAL/MIJLTI-CASUALTY- ANNEX H: October. 2002 Page The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN ASPEN VALLEY HOSPITAL~ ASPEN AMBULANCE DISTRICT, EMERGENCY MEDICAL SERVICES, COMMUNITY HEALTH SERVICES, CITY ENVIRONMENTAL HEAL TH DEPARTMENT, ASPEN FIRE PROTECTION DISTRICT a. Minimizes loss of life and human suffering through a timely and coordinated system for response to multi-casualty incidents. Coordinates triage, ~reatment and transpor~ activities during multi-casualty medical emergencies. b. Obtains resources and assistance to isolate and decontaminate victims of hazardous materials or infectious diseases, and provides treatment of victims. c. Identifies ilhaessas due to ~dons materials or infectious diseases, controlling their spread and reporting their presence to the appropriate sm~e or federal health or environmental authorities. d. Provides identification, transportation and disposition of the deceased. e. Issues health & medical advisories to the public through the public information officer. f. Conta'ms decontamLnation waste or material after fn'st mainta'ming for evidentiary purposes if necessary. Ensures that waste disposal after the event is done according to State and Federal requkemen~s. 9. EMERGENCY PUBLIC INFORMATION - ANNEX I: ASPEN POLICE DEPARTMENT PUBLIC INFORMATION OFFICER, PUBLIC INFORMATION OFFICER APPOINTED BY INCIDENT COMMANDER, DEPARTMENT-SPECIFIC PUBLIC INFORMATION OFFICERS, CITY COMMUNITY RELATIONS a. Compiles and prepares emergency information for the public in case of emergency. b. Pro¥ides timely briefmgs to the media during an emergency and handles unscheduled inquiries fi.om the media and the public. c. Develops and implements public information and awareness activities prior to emergencies, providing information for citizens about activities that are being undertaken, recommendations, and who to call for additional information. 10. DAMAGE ASSESSMENT - ANNEX J: CITY BUILDING DEPARTMENT, RISK MANAGEMENT, CITY FINANCE DEPARTMENT, EMERGENCY MANAGEMENT, CITY ENGINEERING, AMERICAN RED CROSS, ASSET MANA GEMENT a. Establishes damage assessment team(s) and determ'mes extent of damage. b. Develops reporting systems to compile information on deaths, injuries, and property damage to public and private properties. Provides damage reporting information to emergency coordination center. c. Compiles damage estimates for use in requesting disaster assistance and for city financial planing. October, 2002 Page 9 The City of Asoen BASIC EMERGENCY MANAGEMENT PLAN d. Notifies and acts as liaison with City insurance carrier. I 1. PUBLIC INFRASTRUCTURE (OTH3ER TllAN 13 rlLITIES) - ANNEX K: CITY STREETS, CITY ENGINEERING, CITY BUILDING DEPARTMENT, ASSET MANAGEMENT a. Barricades hazardous areas. b. Assesses damage to public facilities, e.g., roads, bridges, buildings, etc. c. Restores streets and bridges on a priority basis. d. Removes debris. e. Coordinates condemnation of unsafe structures. fi Directs temporary repair of essential facilities. 12. UTILIT1]ES - ANNEX L: CITY UTILITIES DEPARTMENT, ASPEN CONSOLIDATED SANITATION DISTRICT, PR1VA TE ELE CTRI C AND GAS UTILITIES, A$SET MA]VA GEMENT a. Takes measures to safeguard life-sustaining water supplies, wastewat~ disposal, electricity and gas service, to minimize socioeconomic and environmental dmnage. b. Establishes the policy and means of repairing electrical, natural gas, propane, sewage disposal, and water supplies. c. Assesses damage and identifies recovery tLmes for affected utility systems. d. Restores electrical, gas, water, and waste water services to vital facilities. e. Coordinates activities with private utility providers. 13. RESOURCE MANAGEMENT (ENSURING ADEQUATE RESOURCES TO RESPOND) - ANNEX M: CITT MANAGER, CITY STREET DEPARTMENZ, CITY PARKS DEPARTMEN2~, FINANCE DEPARTMENZ, COUNTY EMERGENCY MANAGEMENT a. Develops policies and procedures for providing and coordinating the provision of services, equipment, supplies, and regular and temporary personnel to support response to disasters. Anticipates and identifies future resource needs. Maintains lists of City resources including heavy equipment and specially trained personnel b. Administers fiscal procedures, including acquisition, payment and accounting, establishes emergency purchasing procedures and malnta/ns records of emergency- related expenditures. c. Provides for crisis debriefing or rehabilitation for disaster workers as required, at the Incident Commander's request. October. 2002 Page 10 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN d. Determines availability of out-of-jurisdiction resources and ensures needed agreements are in place for sharing of these resources in an emergency. Provides liaison with these agencies as appropriate. 14. EMERGENCY COORDINATION CENTER/MANAGEMENT POLICY - ANNEX N: CITY MANAGER, COUNTY EMERGENCY MANAGEMENT a. The Incident Management Group and City Manager may determine wkich agencies and individuals need to be represented in the Emergency Coordination Center, and those individuals will be summoned to the center by the Aspen Pitldn Combined Communications Center (Dispatch) b. Decides policies relating to emergency management, public information, obtaining additional city resources, and emergency measures. Coordinates the City's support of the response effort. c. Emergency Management Coordinator provides advice to Management Policy (Emergency Coordination) Group. d. Maintains comact with neighboring jurisdictions. e. Continually keeps elected officials informed ti'trough the City Manager or h/s/her designee, about sums of the incident, city resources and' decisions required of elected officials. 15. HAZARD MITIGATION (PREVENTION AND REDUCTIO2q - ANNEX P: CITY RISK MANAGEMENT~ COUNTY EMERGENCY MANAGEMENT, CITY BUILDING DEPARTMENT Implements hazard prevention and reduction programs including a. finding and applying for emergency response grants, b. identifying hazard prevention and reduction projects in the city. such as determining risk reduction strategies, making sure thal prevention projects get done in a timely manner, and education of the people who live in hazardous areas. 16. 1LAZARDOUS MATERIALS - ANNEX Q: ASPEN FIRE PROTECTION DISTRICT, ASPEN POLICE DEPARTMENT, LOCAL EMERGENCY PLANNING COMMITTEE, COUNTY EMERGENCY MANAGEMENT, CITY ENVIRONMENTAL HEAL TH DEPARTMENT b. Provides policies and procedures for response to hazardous material incidents in the City of Aspen. b. Coordinates procedures for compliance with local state and federal regulations. c. Applies for funding for purchase of necessary monitoring equipment. O~obec 2002 Page The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN I 7. RESCUE - ANNEX R: MOUNTAIN RESCUE ASPEN~ FIRE PROTECTION DISTRICTS Provides policies and procedures for the location of, prowsion of immediate care to, and safe removal of endangered, trapped, injured and/or isolated persons. Performs these tasks m an emergency. 18. TRANSPORTATION - ANNEX S: TRA2VSPORTATION DEPARTMENT, ROARING FORK TRANSIT AGENCY (RFTA/ a. Identifies local transportation resources and arranges for their use during emergencies for both transport of personnel, resources and supplies, and for evacuation. b. Logistics Section Chief will determine how to deploy transportation resources during emergencies, including vehicle operators, fuel, and maintenance. This plan identifies those resources and staging areas. 19. TR_43[NIN~X T: CITY RISK MANAGEMENT, COUNTY EMERGENCY MANAGEMENT, CITY M. dNA GER a. Develops procedures and time lines for tmin2ng personnel in Incident Command System and emergency management. c. Provides for timely exercising of City emergency management plan and its elements, either by using existing exercises or developing new ones. 20. LEGAL - ANNEX U: CITY A TTORNEY'S OFFICE a. Advises City officials on emergency powers of government and the necessary procedures re implement wage and price controls, resource rationing, curfews, and other needed measures. a. Advises City officials on the liability arising from disaster operations. c. Prepares and/or recommends legislation to implement the necessary emergency powers. 21. TERRORISM - ANNEX V: CITY POLICE DEPARTMENT, ASPEN FIRE PROTECTION DISTRICT, COUNTY EMERGENCY MANAGEMENT, CITY ENVIRONMENTAl, HEAZ TH. ASPEN VALLEY HOSPITAL, COMMUNITY HEAL TH a. Assesses the threat, including possible targets, vulnerability, and likely types of attack. October. 2002 Page The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN b. Prepares for threat by increases in security, ensuring needed equipment is purchased and training received (including both overall emergency response training and awareness training for specific terrorist threats), and by de~/eloping intemgency relationships to xmprove cooperation and sharing of resources. c. Evaluates public health monitoring and surveillance systems and improves them where needed. d. Develops procedures and policies to use when an incident occurs. D. OTHER DEPARTMENTS' RESPONSIBILITIES: Other Department Heads not assigned a specific function in this plan or in a specific emergency are valuable members of the emergency management organization. The Incident Commander will assign them roles as needed. VL DII~CTION AND CONTROL: A. General: The Incident Commander is the person in charge of the incident, and manages the overall response. The Incident Commander makes decisions about how to respond to the incident, controls the personnel and equipment that have been provided for the incident, determines priorities for the response, decides which objectives will be accomplished when, authorizes release of information to the media, and coordinates overall emergency activities. The City, Manager is responsible for assuring that coordinated and effective emergency response systems are developed and maintained and that adequate city resources are allocated to the emergency. The CRv Manager provides overall d~ection of the response resources of ail City Departments. City Department Heads retain control over their employees and eqmpment unless otherwise directed by the Incident Commander or City Manager. As an example, the Incident Commander may request several large p~eces of equipment. The City Manager will direct the City Street Department to provide whatever persormeI and equipment the Incident Commander needs. The City Street Director will direct his or her staff to perform the tasks requested by the Incident Commander. All Citw Departments are responsible for developing and implementing their own Standard Operating Guidelines to be followed during emergencies. These Standard Operating Guidelines should include prevention, preparedness and recovery activities in addition to response activities. Outside assistance will be requested and used to supplement the City's response if and when the situation warrants. Requests for outside assistance are covered in section IX. B. Emergency Management Terminology and Sysiefil l)~riptlon:~ city Incident Command System: Aspen's incident management system is designed to provide for the local on-scene management of large emergencies and other natural or human caused disasters. Such systems provide a standardized organizational structure and terminology and procedures that allow everyone to know beforehand what they should do. Such systems are very flexible and adaptable to any kind of emergency situation. October, 2002 Page '13 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN The Incident Command System (ICS) is used in the City of Aspen. The ICS organizational structure is based around five principal activities that must be performed at any incident. These are: m Command/who is in charge of the responseJ ~ Operations rresponse to emergency incidentj m Planning (7ookingforward andplanning ahead for what is needed) ~ Logistics(supportingtheoperations, providingalltheresourcesneededbyresponders) ~ Administration/Finance t~documenting andpayingfor the incident? Some incidents can escalate into area-wide emergencies requiring further activation of the emergency management system. In area-wide emergencies, one or more Incident Command Posts may be established to assist in managing emergency operations. C. Emergency Coordination Center (ECC): The Incident Commander operates from an Incident Command Post at the scene of the incident. The Management policy group's activities are coordinated from the Emergency Coordination Center. The PRIMARY Emergency Coordination Center is located at: ~ BasementoftheCountyCourthouse-506EastMainSgAspen, CO 2. ALTERNATE Emergency Coordination Centers may be any one of the following: ~ Basement of Ci~ Hall 130 So. Galena St.. Aspen. CO ~ City of Aspen Recreation Department, 110 E. Hallam, Aspen, CO and ~ City of Aspen Parks Department, 585 Cemetery Lane, Aspen, CO The Emergency Coordknation Center is activated once the Incident Commander activates it after determining there is a possible Or actual emergency. During emergency situations, certain individuals and Departments will be required to relocate to the Emergency Coordination Center. During large- scale emergencies, the Emergency Coordination Center may actually become the seat of government for the duration of the crisis. D. Emergency Authority: 1. A compilation of prima~ State and City legal documents per~aln'mg to emergency management is included in Appendix 2, "Authorities". 2. In accordance with Section 13.8 of the city Charter. the Mayor, or in his/her absence, the City Manager, may declare an extraordinary emergency. In accordance with Section 4.11 of the City Charter. the Mayor and the City Council may take extraordinary measures in the interest of effective emergency management. Legal procedures associated with emergency management are developed as described in Annex U ILegal). These powers include, but are not limited to: a. Declaration of a local state of emergency by the Mayor (or City Manager in his/her absence'}. b. Wage, price, and rent controls and other economic stabilization methods. c. Curfews, blockades, and limitations od utility usage. d. Rules governing entrance and exit from the affected area(s). October 2002 Page 14 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN e. Other security measures. 3. All physical resources of the City may be utilized when deemed necessary by the City Manager. In addition, the City Manager shall have the authority to purchase or lease private resources as deemed necessary during the period of the emergency; provided, however, that accumm records of such use shall be maintained in case reimbursement becomes necessary. VII. INCREASED READINESS CONDITIONS: Most emergencies follow some recogn/zable build-up period during which actions can be taken to achieve a state of maximum readiness. (Examples are heavy ra'mfall, high fire danger, or intemaftonal incidents.) When this occurs, general Departmental actions are followed as outlined in the approprime annexes while more specific actions are detailed in the Departments' Standard Operating GuideYmes. VIII. CONTINUITY OF GOVERNMENT: A major disaster could result in loss of life and property, the death or ix~jury of key governmem officials, and/or the partial or complete destruction of established seats of govemmem, and the public and private records essential to continue operation of government and industry. To help preserve law and order and [o cominue/restore local services, it is essential that units of government continue to ftmction during or following such instances. A. Line of Succession: I. Line of Succession to the City Manager will be Assistant City Managers based on seniority, followed by the Utilities Director and the Parks Director. 2. L'me of Succession to the County Emergency Managenaent Coordinator will be the Aspen Fire Chief. 3. Line of Succession to each Department Head will be acdording to the Department Standard Operating Procedures. B. Preservation of Records: In order te provide normal City operations following a disaster, vital records must be protected. These include legal documents and personal documents such as deeds and tax records. The principal causes of damage to records are £~re and water. Therefore, essential records should be protected accordingly. Each agency assigned the preparation of any annex will develop Standard Operating Guidelines to /nsure the protection of vital records, trader the gnidance of the City Clerk. IX. ADMINISTRATION AND SUPPORT: A. Support: Requests for County, State or Federal assistance, including the Colorado Nafionai Guard. will be made to the County Emergency Management Coord'mator or County Emergency Management Director. All requests will be made by the Mayor or in Ms/her absence, the City Manager. Dctober 2002 Page 15 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN B. Agreements and Understandings: Should the City's resources prove to be inadequate dnring an emergency, requests may be made for assistance in accordance with existing or emergency-negotiated mutual-aid agreements and understandings. Such assistance may include, but shall not be limited to personnel, eqmpmem, or supplies. All agreements shall be entered into by duly authorized officials and be fomaalized in writing whenever possible. X. PUBLIC AWARENESS AND EDUCATION: The public's response to any emergency is based on an understanding of the nature of the emergency, the potential hazards, the likely response of emergency services, and knowledge of what individuals and groups can do re increase their chances of survival and recovery. However, even the mosl efficient emergency information effort requires time to initiate, during which confusion and lack of informatinn can contribute to a worsemng of the emergency situation and an increased burden for ail areas of emergency response. Public awareness and education prior to any emergency are. crucial to successful public information efforts during and after the emergency. The decision to initiate and 'support this function must be made at the highest policy-making level. The pre-disaster awareness and education programs must be viewed as equal in rmportance to all other precautions for emergencies and receive an adequate level of planning. Pre-disaster education can sig2ificantly reduce the damage from an emergency, so must be emphasized. These programs must be coordinated among City, County, State and Federal officials to ensure their contribution to emergency preparedness and response operations. Axmex I, Emergency Public Information, provides emergency public Ln_formation procedures. The City will knplement pre-disaster education programs on an ongoing basis. XI. PLAN DEVELOPMENT, MAINTENANCE AND IMPLEMENTATION: A. The City Manager or his/her designee will brief the appropriate publi~ and private officials concerning their role in emergency management and ensure proper distribution of the plan. All employees will be required to attend the appropriate level of Incident Command System training. B. All City Departments will be responsible for the development and maintenance of their respective annexes and Standard Operating Guidelines identified in SECTION V, ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES. C. The City Manager or his/her designee is responsible for reviewing this plan every two years and requesting that the City Council re-adopt the plan if significant changes have been made. D. The City Manager or his/her designee will update the plan as requked and conduct dr/Ils and exercises in order to identify deficiencies and maintain an adequate level of readiness. E This plan supersedes and rescinds all previous editions of City of Aspen Emergency Management Plan and is effective upon signing by the Mayor and the City Manager. If any portion of this plan is held invalid by judicial or a&ministrative mling, such ruling shall not affect the validity of the remaining portions of the plan. XIL TRAINING, TESTS AND EXERCISES, AFTER-ACTION REPORTS AND REVIEWS: The objective of any emergency management plan is efficient and timely response during emergencies. However, planning alone does not guarantee preparedness. Training and exercising are essential at all levels of government to make emergency plans function well. All plans should include provisions for training. Oc~ber 2002 Page The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN The best method of training a jurisdiction's staff to manage emergency operations is through exercising. The City will make every effort to test and evaluate emergency functions within a specific period of time to include the following criteria: Exercise aetivities, such as tabletop and drills that serve as a preparation for more realistic simulation exercises once every two years. Each department should conduct one tabletop or drill exercise per year dealing with the individual department's response. Following each exercise, an After Action Report and Review should occur to discuss improvements that should take place where any weaknesses exist in planning, training, personnel, equipment and facilities. Date: HelenKlandemd. Mayor Date: Steve Barwick, CityManager APPENDICES October, 2002 Page 17 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN Appendix 1 City of Aspen HAZARDS ANALYSIS To begin planning a program of proactive emergency management, the City of Aspen has identified those hazards that, if they occur, could harm our community. This Appendix discusses key hazards, especially as they relate to the City of Aspen. Emergencies affecting a wide geogxaphical area. several differenl public agencies, or a large number of people present the most complicated response problems. A hazard analysis can help managers gain a more sophisticated understanding of the relationships among hazards and the secondary effects that various kinds of emergencies or disasters may tugger. The more demand the incident places on critical facilities - hospitals, police and fire departments, transportation routes and utilities - the more difficult a coordinated and orderly response becomes. A hazard analysis that explains risks and hazards is the first step m preparing for the possible emergencies. When defining the types of disasters and emergencies for the City of Aspen, we will consider the following classifications: ~ Natural Disasters ~ Technological ~ National Security Incidents As may be expected, the frequency and level of response for the various types of disasters vary according to the classification. Natural Disaster Emergency: Natural disasters include occurrences such as drought, flood, landslide or mudslide_ avalanche, sleet and hail, extreme cold, damaging wind. tornadoes, hurricanes, blizzards and earthquakes. In general, natural disasters require information from state (and sometimes federal) natural resource and land-use agencies. They also may involve massive search and rescue efforts, evacuation and planning: and execution of evacuation and relocation operations involving thousands of citizens. These operations can run from days to several months depending on the event. They may be preceded by situations that provide some warning of the possible disaster. Obviously, the city of Aspen is more at risk from some of these natural disasters than others. This analysis will consider only those natural disasters we are most likely to face. Technological Disaster Emergency: Disasters that involve our technologies are more varied and can be extremely complex. They include several types: > Dam failures. ~ Fire (accidental and arson). > Civil disturbances (strikes and riotsL ~ Hazardous material transportation accidents > Hazardous materials spills or releases > Resource shortages (energy or materials). Exper/ence with technological events indicates that they generally entail less warning, shorter duration, and less goverranen~ preparedness activity. These events may not require federal involvement. These disasters involve greater local and state participation as well as private sector response. October. 2002 Page 18 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN National Securitw Emergency: National security emergencies include: ~ Attack (conventional, chemical, nuclear or biological). ~ Continuing civil disobedience (strikes and riots). ~ Terrorism (chemical, nuclear, or biological). These types of emergencies are more difficult to consider and plan for, especially in light of the recent terrorist activity in the United States directed at federal facilities and symbols of the country's wealth. National security emergencies require the most information from federal, state and local personnel. Issues related to disasters in different categories are available in a separate document. "Detailed Example Hazard Analysis". October. 2002 Page 'i9 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN Appendix 2 AUTHORITIES COLORADO DISASTER ACT OF 1992 Title 24, Article 32. Part 2I (2101-2115) 24-32-2101 - Short rifle. This part 21 shall be known and may be cited as the "Colorado Disaster Emergency Act of 1992". 24-32-2102 - Purposes and limitations. (1) The purposes oftkis part 21 are to: (a) Reduce vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural catastrophes or catastrophes of human origin, civil disturbance, or hostile military or paramilitary action; (b) Prepare for prompt and efficient search, rescue, recovery, care, and treamaent of persons lost, entrapped, victimized, or threatened by disasters or emergencies; (c) Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters; (d) Clarify and strengthen the roles of the governor, state agencies, and local governments ~n prevention of, preparation for, response to, and recovery from disasters; (e) Authorize and provide for cooperation in disaster prevention, preparedness, response, and recovery; (f) Authorize and provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agenmes and officers of this state and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate; (g) Provide a disaster and emergency management system embodying all aspects of pre-disaster and pre-emergency preparedness and post disaster and post emergency response; and (h) Assist in preventiot~ of disasters caused or aggravated by inadequate planning for regulation of public and private facilities and land use. October. 2002 Page 20 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN (2) Nothing in this part 2t shall be cons[rued to: (a) Interfere with the course or conduct of a labor dispute: except that actions otherwise authorized by tiffs part 21 or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety; (b) Interfere with dissemination of news or comment on public affairs; except that any communications facility or organization, including but not limited to radio and television stations, wire servmes, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency; (c) Affect the jurisdiction or responsibilities of police forces, fire-fighting forces, or units of the armed forces of the United States, or of any personnel thereof, when on active duty; except that state, local, and interjurisdictional disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies; or (d) Limit, modify, or abridge the authority of the governor to proclaim maW~al law or exercise any other powers vested in the governor under the constitution, statutes, or common law of this state independent of, or in conjunction with, any provision of this part 21. 24-32-2103 - Del'tuitions. As used in this part 21, unless the context otherwise reqmres: (1) "Bioterrorism" means the intentional use of microorganisms or toxins of biological origin to cause death or disease among humans or animals. (1.1) "Committee" means the governor's expert emergency epidemic response committee created in section 24-32-2104. (1.2) "Disaster" means the occurrence or imminent threat of widespread or sevcre damage, injury, or toss of life or property resulting from any natural cause or cause of human origin, including but not limited to fire, flood, earthquake, wind, storm, wave action, hazardous substance incident, oil spill or other water contamination requiring emergency action ~o avert danger or damage, volcanic activity, epidemic, air pollution, blight, drought, infestation, explosion, civil disturbance, or hostile military or paramilitary action. (1.3) "Emergency epidemic" means cases of an illness or condition, communicable or non- communicable, caused by bioterronsm, pandemic influenza, or novel and highly fatal infectious agents or biological toxins. (1.4) "Phndemic influenza" means a widespread epidemic of influenza caused by a highly virulent strain of the influenza virus. (2) "Political subdivisi~)n" means any county, city and county, city, or town and may include any other agency designated by law as a political subdivision of the state. (3) "Search and rescue" 'means the employment, coordination, and utilization of available resources and personnel in locating, relieving distress and preserving life of. and removing survivors from the site of a disaster, emergency, or hazard to a place of safety in case of lost, stranded, entrapped, or injured persons. 24-32-2104 - The governor and disaster emergencies. (1) The governor is responsible for meeting the dangers to the state and people presented by disasters. October 2002 Page 2'1 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN (2) Under this part 21, the governor may issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations have the force and effect of taw. (3) (a) There is hereby created a governor's disaster emergency council, referred to in this part 21 as the "council", consisting of riot less than six nor more than rune members. The attorney general, the adjutant general, and the executive directors of the following depamnents shall be members: Administration. transportation, public safety, and natural resources. The additional members, if any, shall be appointed by the governor from among the executive directors of the other deparrmems. The governor shall serve as chairman of the council, and a majority shall constitute a quorum. The council shall meet at the call of the governor and shall advise the governor and the director of the office of emergency management on all matters pertaining to the declaration of disasters and the disaster response and recovery activities of the state government; except that nothing in the duties of the council shall be construed to limit the authority of the governor m act without the advice of the council when the situation calls for prompt and timely action when disaster threatens or exists. (b) The members of the governor's disaster emergency council, as such existed prior to March 12, 1992, shall become the initial members of the council on March 12, 1992. (4) A disaster emergency shall be declared by executive order or proclamation of the governor if the governor finds a disaster has occurred or that this occurrence or the threat thereof is imminent. The state of disaster emergency shall continue until the governor finds that the threat of danger has passed or that the disaster has been dealt with ro the extent that emergency conditions no longer exist and the governor terminates the stare of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than thirty days unless renewed by the governor. The general assembly, by joint resolution, may terminate a state of disaster emergency at any time. Thereupon, the governor shall ~ssue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection (4) shall indicate the nature of the disaster, the area threatened, and the conditions which have brought it about or which make possible termination of the state of disaster emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, shall be promptly filed with the office of emergency management, the secretary of state, and the county clerk and recorder and disaster agencies in the area to which it applies. (5~ An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the state, local, and interjurisdictional disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plans apply and for use or distribution of any supplies, equipment, and mater/als and facilities assembled, stockpiled, or arranged to be made available pursuant to this part 21 or any other provision of law relating to disaster emergencies. (6) During the continuance of any state of disaster emergency, the governor is commander-in-chief of the organized and unorganized militia and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations, but nothing in this section restricts the governor's authority to do so by orders issued at the time of the disaster emergency. (7) In addition to any other powers conferred upon the governor by law, the governor may: (a) Suspend the provisions of any regulatory stature prescribing the procedures for conduct of state business or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency; October 2002 Page 22 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN Co) Utilize all available resources of the state government and of each political subdivision of the sta~e as reasonably necessary to cope with the disaster emergency; (c} Transfer the direction, personnel, or functions 6f state deparunems and agencies or units thereof for the purpose of performing or facilitating emergency services; (d) Subject to any applicable requiremems for compensation under section24-32-2111~ commandeer or utilize any private property if the governor finds this necessary to cope with the disaster emergency; (e) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; (f) Prescribe routes, modes of transportation, and destinations in connection with evacuation; (g) Control ingress m and egress from a disaster area, the movement of persons within the area, and the occupancy of premises therein; (h) Suspend or limit the sale. dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles; and (i) Make provision for the availability and use of temporary emergency housing. (8) (a} There is hereby created a governor's expert emergency epidemic response committee. The duties of the committee shall be to develop by July 1, 2001, a new supplement to the state disaster plan that is concerned with the public health response to acts of bioterrorism, pandemic influenza, and epidemics caused by novel and highly fatal infectious agents and to provide expert public health advice to the governor in the event of an emergency epidemic. The committee shall meet at least annually to review and amend the supplement as necessary. The committee shall provide information to and fully cooperate with the council. (b) (I) State members of the committee shall include the following: a. The executive director of the department of public health and environment; (B) The ckief medical officer of the department of public health and environment; (C) The chief public information officer of the department of public health and environment; (D) The emergency response coordinator for the department of public health and environment; (E) The state epidemiologist for the department of public health and environment; (F) The attorney general or the designee of the attorney general; (G) The president of the board of health or the president's designee; (H) The president of the state medical society or the president's designee; (I) The president of the Colorado health ~d'h0spital assomation or the president's designee: (J) The state veterinarian of the department of agriculture; and October. 2002 Page 23 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN (K) and (:L) (Deleted by mnendment, L. 2000, p. 546, § 24, effective July l, 2000.) (M) The director of the office of cmaergency management. (II) In addition to the state members of the committee, the governor shall appoint to the committee an individual from each of the following categories: (A) A licensed physician who specializes in infectious diseases; (B) A licensed physician who specializes in emergency medicine; (CIA medical examiner; (D) A specialist in posttraumatic stress management; (E) A director of a local public health deparrmem; (F) A hospital infection control practitioner; (G) A wildlife disease specialist with the division of wildlife; and (H) A pharmacist member of the state board of pharmacy. (III) The executive director of the department of public health and environment shall serve as the chair of the committee. A major/ty of the membership of the committee, nor including vacant positions, shall constitute a quorum. (IV) The executive director of the department of public safety or the executive director's designee shall serve as an ex officio member of the committee and shall not be able to vote on decisions of the committee. The executive director shall serve as a liaison between the committee, the council, and the Colorado emergency pla~ing commission in the event of an emergency epidemic. (c) The committee shall include in the supplement to the state disaster plan a proposal for the prioritization, allocation, storage, protection, and distribution of antibiotic medicines, ant/viral medicines, antidotes, and vaccines that may be needed and in short supply in the event of an emergency epidemic. (d) The committee shall convene at the call of the governor or the executive director of the deparauent of public health and environment to consider evidence presented by the department's chief medical officer or state epidemiologist that there is an occurrence or imminent threat of an emergency epidemic. If the committee finds that there is an occurrence or ~mminent threat of an emergency epidemic, the executive director of the department of public health and environment shall advise the governor to declare a disaster emergency. (e) In the event of an emergency epidemic that has been declared a disaster emergency, the committee shall convene as rapidly and as often as necessary, to advise the governor, who shall act by executive order, regarding reasonable and appropriate measures to reduce or prevent spread of the disease, agent, or toxin and to protect the public health. Such measures may include, but are not limited to: (I) Procuring or taking supplies of medicines and vaccines; (II) Ordering physicians and hospitals to transfer or cease admission of patients or perform medical examinations of persons; (III) Isolating or quarantining persons or property; (IV) Determining whether to seize, destroy, or decontaminate property or objects that may threaten the public health: October. 2002 Page 24 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN (V) Determining how to safely dispose of corpses and infectious waste; (VI) Assessing the adequacy and potential contamination of food and water supplies; (VII) Provid'mg mental health support to affected persons; and (VIII) Informing the citizens of the state how to protect themselves, what actions are being taken to control the epidemic, and when the epidemic is over. 24-32-2105 - Office of emergency management. (1) (a) There is hereby created in the division of local government the office of emergency management, referred to in this part 21 as the "office". Pursuant to section 13 of article XII of the state constitution, the executive director shall appoint a director, referred to in this part 21 as the "director", as head of the office. (b) The office of emergency management and the office of the director shall exercise their powers and perform their duties and functions under the department of local affairs and the executive director as transferred to the department by a type 2 transfer, as such transfer is defined in the "Adm'mistrative Organization Act of 1968", a~icle 1 of this tide. (2) The division shall prepare and maintain a state disaster plan that complies with all applicable federal and state regulations and shall keep such plan current. (3) The office shall take part in the development and revision of local and interjurisdictional disaster plans prepared under section 24-32-2107. To this end the office shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their disaster agencies, and interjurisdictional pla~'mg and disaster agencies. Such personnel shall consult with political subdivisions and disaster agencies and shall make field examinations. (4) In preparing and revising the state disaster plan, the office may seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, and community leaders. (5) The state disaster plan or any part thereof may be incorporated in regulations of the office or executive orders which have the force and effect of law. (6) The office may do all things necessary for the implementation of this part 21, including but not limited (a) Hiring personnel; (b) Contracting with federal, state, local, and private entities; (c] Accepting and expending federal funds. 24-32-2106 - Financing. (1) It is the intent of the general assembly and declared to be the policy of the state that funds to meet disaster emergencies shall always be available. I2) (a) A disaster emergency fund is hereby established which shall receive moneys appropriated thereto by the general assembly. Moneys in the disaster emergency fund shall remain therein until expended. (b) Any moneys remaining in the disaster emergency fund, as such fund existed prior to March 12, 1992, shall be transferred on March 12, 1992, to the disaster emergency fund created by paragraph (a) of this subsection (2). October, 2002 ' Page 25 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN (3) The council shall review in detail each expenditure of disaster c~mcrgency moneys. (4) It is the legislative intent that first recourse be to funds regularly appropriated to state and local agencies. If the governor finds that the demands placed upon these funds in coping with a particular disaster are ur~reasonably great, the governor may, with the concurrence of the cOuncil, make funds available from the disaster emergency fund. If moneys available from the fund are insufficient, the governor, with the concurrence of the council, may transfer and expend moneys appropriated for other purposes. (5) The director is authorized to establish, pursuant to article 4 of this rifle, the rules and regulations that will govern the reimbursement of funds to state agencies and political subdivisions and to promulgate such regulations. (6) Nothing in this section shall be construed to limit the governor's authority to apply for, administer, and expend grants, gifts, or payments in aid of disaster prevention, preparedness, response, or recovery. 24-32-2107 - Local and interjurisdictional disaster agencies and services. (1) Each political subdivision shall be within the jurisdiction of and served by the division and by a local or interjudsdictional agency responsible for disaster preparedness and coordination of response. (2) Each county shall maintain a disaster agency or pa~icipate in a local or interjurisdictional disaster agency, which, except as otherwise provided under this part 21, has jurisdiction over and serves the entire county. (3) The governor shall determine which municipal corporations need disaster agencies of their own and reqmre that they be established and maintained. The governor shall make such determination on the basis of the municipality's disaster vulnerability and capability of response related to population size and concentrarion. The disaster agency of a county shall cooperate with the disaster agencies of municipalities situated within its borders but shall not have jurisdiction within a municipality having its own disaster agency. The office shall publish and keep current a list of municipalities required to have disaster agencies under this subsection (3). (4) The minimum composition of a disaster agency shall be a director or coordinator appointed and governed by the chief executive officer or governing body of the appointing jurisdiction. The director or coordinator shall be responsible for the planning and coordination of the local disaster services. (5) Any provision of this part 21 or other law to the contrary notwithstanding, the governor may require a political subdivision to establish and maintain a disaster agency jointly with one or more contiguous political subdivisions if the governor finds that the establishment and maintenance of an agency or participation therein is made necessary by circumstances or conditions that make it unusually difficult to provide disaster prevention, preparedness, response, or recovery services under other provisions of this part 21. (6) Each political subdivision which does not have a disaster agency and has not made arrangements to secure or participate in the senrices of an agency shall have an elected official designated as liaison officer to facilitate the cooperation and protection of that subdivision m the work of disaster prevention, preparedness, response, and recovery. (7) The mayor, chairman of the board of county commissioners, or other principal executive officer of each political subdivision in the state shall notify the'office of the manner in which the political subdivision is providing or securing disaster planning and emergency services, identify the person who heads the agency from which the services are obtained, and furnish additional information relating thereto as the division requires. October. 2002 Page 26 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN (8) Each local and interjurisdictiona] disaster agency shall prepare and keep curTent a local or interjurisdictional disaster emergency plan for its area. (9) The local or interjudsdictional disaster agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command. (10) The sheriffof each county shall: (a) Be the official responsible for coordination of all search and rescue operations within the sheriffs jurisdiction; (b) Make use of the search and rescue capability and resources available within the county and requesl assistance from the division only when and if the sheriff determines such additional assistance ~s required. (11) When authorized by the governor and executive director and approved by the director, expenses incurred in meet'rog contingencies and emergencies arising from search and rescue operations may be reimbursed from the disaster emergency fund. (12) Any person providing information to a local or interjurisdicfional disaster agency may request, in writing, that such information be disseminated only to persons connected with or involved in the preparation, update, or implementation of any disaster emergency plan, and said infonuation shall thereafter not be released to any person without the expressed written consent of the person providing the information. 24-32-2108 - Establishment of interjurisdietional disaster planning and service area. (1) If the governor finds thai two or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate disaster agencies and services, the governor may delineate by executive order an interj.'urisdictional area adequate to plan for, prevent, or respond to disaster in that area and direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint disaster emergency plan, mutual aid, or an area organization for emergency planning and services. (2) A finding of the governor pursuant to subsection (1) of this'section shall be based on one or more factors related to the difficulty of maintaining an efficient and effective disaster prevention, preparedness, response, and recovery system on a separate basis, such as: (a) Small or sparse population; (b) Limitations on public financial resources severe enough to make ma'mtenance of a separate disaster agency and services unreasonably burdensome; (c) Unusual vulnerability to disaster as evidenced by a past history of disasters, topographical features, drainage characteristics, disaster potential, and presence of disaster-prone facilities or operations; (d) The interrelated character of the counties in a multi-county area; and (e) Other relevant conditions or circumstances. (3) If the governor finds thai a vulnerable area lies only partly within this state and includes territory in another state or territory in a foreign jurisdiction and that it would be desirable to establish an interstate or international relationship or mutual aid or an area organization for disaster, the governor shall take steps to October. 2002 Page 27 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN that end as desirable. If this action is taken with jurisdictions that have enacted the interstate civil defense and disaster compact, any resulting agreements may be considered supplemental agreements pursuant to article VI of such compact. (4) If the other jurisdictions with which the govemor proposes to cooperate pursuant to subsection (3) of this section have not enacted the interstate civil defense and disaster compact, the governor may negotiate special agreements with such jurisdictions. Any agreement, if sufficient authority for the making thereof does not otherwise exist, becomes effective only after its text has been communicated re the general assembly and if neither house of the general assembly has disapproved it before adjournment sine die of the next ensuing session competent to consider it or within thirty days of its submission, whichever is longer. 24-32-2109 - Local disaster emergencies. (1) A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the county clerk and recorder, city clerk, or other authorized record-keeping agency and with the division. (2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance under such plans. (3) No interjurisdictional disaster agency or official thereof may declare a local disaster emergency unless expressly authorized by the agreement pursuant to which the agency functions. An interjurisdictional disaster agency shall provide aid and sermces in accordance with the agreement pursuant to which it functions. 24-32-2110 - Disaster prevention. (1) In addition to disaster prevention measures as included in the state, local, and interjurisdictional disaster emergency plans, the governor shall consider steps that could be taken on a continuing basis to prevent or reduce the harmful consequences of disasters. Al the governor's direction, and pursuant to any other authority and competence they have, state agencies, including but not limited to those charged with responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land-use planning, and construction standards, shall make studies of matters related to disaster prevention. The governor and the executive director, from time to time. shall make recommendations to the general assembly, local governments, and such other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters. (2) All state departments, in conjunction with the division, shall conduct studies and adopt measures to reduce the impact of. and actions contributory to, a disaster. The studies shall concentrate on means of reducing or avoiding the dangers caused by such occurrences or the consequences thereof. (3) If the division believes on the basis of the studies or other competent evidence that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land-use controls in that area are inadequate and could add substantially to the magnitude of the disaster. and that changes in zoning regulations, other land-use regulations, or building requ'trements are essential in order to further the purposes of this section, it shall specify the essential changes to the executive director and to the governor. If the governor upon review of the recommendations finds after public hearing that the changes are essential, the governor shall so recommend to the agencies or local governments with October. 2002 Page 28 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN jurisdictions over the area and subject matter. If no action or insufficient aqtion pursuant to the governor's recommendations is taken within the time specified by the governor, the governor shall so inform the general assembly and request legislative action appropriate to mitigate the impact of disaster. (4) The governor, at the same time that the gnvemor makes recommendations pursuant to subsection (3) of this section, may suspend the standard or control which the governor finds to be inadequate to protect the public safety and by regulation place a new standard or control in effect. The new standard or control shall remain in effect until rejected by joint resolution of both houSes of the general assembly or amended by the governor. During the time it is in effect, the standard or control contained in the governor's regulation shall be administered and given full effect by all relevant regulatory agencies of the state and local governments to which it applies. The governor's action is subject to judicial review but shall not be subject to temporary stay pending litigation. 24-32-2111 - Compensation - liability when combating grasshopper infestation. (1) Each person within this state shall conduct himself or herself and keep and manage such person's affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to meet disasters or emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster emergency. This part 21 neither increases nor decreases these obligations but recognizes their existence under the constitution and statutes of this state and the common law. Compensation for services or for the taking or use of property shall be only m the extent that the obligations recognized in this subsection (1) are exceeded in a particular case and then only to the extent that the claimant has not volunteered such claimant's services or property without compensation. (2) No personal services may be compensated by the state or any subdivision or agency thereof, except pursuant to statute or local law or ordinance. (3) Compensation for property shall be made only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the governor or a member of the disaster emergency forces of this state. (4) The amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to eminent domain procedures, as provided in articles 1 to 7 of title 38, C.R.S. (5) Nothing in this section applies to or authorizes compensation for. the destruction or damaging of standing timber or other property in order to provide a firebreak or applies to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood. (6) The state and its agencies and'p~l~tica~' subdi-~si6ns ~nd the officers and employees of the state and its agencies and political subdivisions shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform an act relating to the combating of grasshopper infestation of this state except for negligence or willful disregard of the rights of others, and then only to the extent of one hundred thousand dollars for any injury to or damage suffered by one person and the sum of three hundred thousand dollars for an injury to or damage suffered by two or more persons in any single occurrence; except that, in such latter instance, no person may recover in excess of one hundred thousand dollars. This subsection (6) is the total extent of liability of the state and its agencies and political subdivisions and the officers and employees of the state and its agencies and political subdivisions with regard to the combating of grasshopper infestation of the state and abrogates any common-law cause of action thereto. Except to the extent of insurance coverage, no person acting as a contractor with the state or any of its political subdivisions, or any officer or employee of such contractor, shall be liable on any claim alleging strict liability on contract or tort for actions taken relating to combating grasshopper infestation of the state under October 2002 Page 29 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN this part 21 or under House Bill No. 1001, enacted at the second extraordinary session of the fifty-first general assembly. 24-32-2111.5 - Governor's expert emergency epidemic response committee - compensation - liability. (1) Neither the state nor the members of the expert emergency epidemic response committee designated or appointed pursuant to section 24-32-2104 (8) shall be liable for any claim based upon the committee's advice to the governor or the alleged negligent exercise or performance of, or failure to exercise or perform an act relating to an emergency epidemic. Liability against a member of the committee may be found only for wanton or willful misconduct or willful disregard of the best interests of protecting and maintaining the public health. Damages awarded on the basis of such liability shall nm exceed one hundred thousand dollars for any injury, to or damage suffered by one person or three hundred thousand dollars for an injury ro or damage suffered by three or more persons in the course of an emergency epidemic. (2) The conduct and management of the affairs and property of each hospital, physician, health insurer or managed health care organization, health care provider, public health worker, or emergency medical service provider shall be such that they will reasonably assist and not unreasonably detract from the ability of the state and the public to successfully control emergency epidemics that are declared a disaster emergency. Such persons and entities that in good faith comply completely with board of health rules regarding the emergency epidemic and with executive orders regarding the disaster emergency shall be immune from civil or criminal liability for any action taken to comply with the executive order or rule. (3) No personal services may be compensated by the state or any subdivision or agency of the state, except pursuant to statute or local law or ordinance. (4) Compensation for property shall be made only if the property was commandeered or otherwise used in coping with an emergency epidemic that is declared by the governor or a member of the disaster emergency forces of this state. (5) The amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to eminent domain procedures, as provided in articles 1 to 7 of title 38, C.R.S. 24-32-2112 - Telecommunications. The state telecommunications director, working in coordination with the office, shall ascertain what means exist for rapid and efficient telecommunications xn times of disaster emergencies. Operational characteristics of the available systems of telecommunications shall be evaluated by the office, and recommendations for modifications shall be made to the state telecommunications director. It is the intent of th/s section that adequate means of telecommunications be available for use during disaster emergencies. October 2002 Page 30 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN 24-32-2113 - Mutual aid. (1) Political subdivisions not participating in interjurisdictional arrangements pursuant to this part 21 nevertheless shall be encouraged and assisted by the office to conclude suitable arrangements for furnishing mutual aid in eopmg with disasters. The arrangements shall include provision of aid by persons and units in public employ. (2) In passing upon local disaster plans, the governor shall consider whether such plans coma'm adequate provisions for the rendering and receipt of mutual aid. (3) It is a sufficient reason, for the governor to require an interjurisdictional agreement or arrangement pursuant m section 24-32-2108 that the area involved and political subdivisions therein have available eqmpment, supplies, and forces necessary to provide mutual aid on a regional basis and that the political subdivisions have not already made adequate provision for mutual aid; except that, in requiring the making of an interjurlsdictional arrangement to accomplish the purpose of this section, the governor need not require establishment and maintenance of an interjurisdictional agency or arrangement for any other disaster purposes. 24-32-2114 - Weather modification. The office shall keep continuously apprised of weather conditions, which present danger of precipitation or other climatic activity severe enough to constitute a disaster. If the office determines that precipitation that may result from weather modification operations, either by itself or in conjunction with other precipitation or climatic conditions or activity, would create or contribute to the severity of a disaster, it shall recommend to the executive director of the department of natural resources, empowered to issue permits for weather modification operations under article 20 of title 36, C.R.S., To warn those organizations or agencies engaged in weather modification to suspend their operations until the danger has passed or recommend that said executive director modify the terms of any pe~it as may he necessary. 24-32-2115 - Merit system. On and after January t, 2000, in accordance with section 13 (4) of article XII of the state constitution, the state personnel board may provide personnel services pursuant to contract to civil defense employees of the political subdivisions of the state, except where such employees are covered by another federally approved merit system. A. Federal: l. Federal Civil Defense Act of 1950, Public Law 81-920 as amended. 2. The Disaster Relief Act of 1974, Public Law 93-288 as amended. 3. The Robert T. Stafford Disaster Relief and Emergency Act, Public Law 100-707. 4. Emergency Management and Assistance, Code of Federal Regulations, Title 44. 5. Title III, of the Superfund Amendments and Reauthorization Act of 1986, (SARA), Public Law 99-499 as amended. B. State: October 2002 Page The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN Colomdo Revised Statutes, Title 24. Article 32, Part 21. C. Local: City of Aspen, Home Rule Charter, Sections 4.11 and 13.8. Section 4.11. Emergency ordinances. Emergency ordinances for the preservation of public property, health, peace, or safety shall be approved only by the unanimous vote of council members presem or a vote of four (4) council members, 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, levying taxes, or fixing rates charged by any city-owned utility shall ever be passed as an emergency measure. An emergency ordinance shall require passage at two (2) meetings of the council. However, neither a public heating nor a firsl publication as provided in gection 4. I0 shall be required. An emergency ordinance shall take effect upon final passage. Publication shall be within ten (I 0) days after final passage, or as soon thereatSer as possible. (Ref. of 5 -5-87) Section i3.8. Emergency powers. In case of riot, insurrection or extra-ordinary emergency, the mayor, or in his absence, the manager, shall assume general control of the city government and all branches and be responsible for the suppression of disorders and the restoration of normal conditions. At any time of threatened or actual civil insurrection, the mayor shall: (a) Proclaim the existence and termination of a threatened or actual civil insurrection; (b) Request the governor's proclamation at his discretion if he believes that the resources and ability of the community are/~adequate to cope with the per/l; (c) Convene the council within two (21 days if it appears that the state of civil insurrection will continue for more than two (2) days; (d} Execute all his normal powers and ail his special powers lawfully conferred upon him including, but not limited to. establishing written roles and regulations governing conduct and activities reasonably related to the protection of life and property and to the suppression of the civil insurrection. Octobec 2002 Page 32 The City of Aspen BASIC EMERGENCY MANAGEMENT PLAN Append~ 3 CITY OF ASPEN EMERGENCY MANAGEMENT ORGANIZATION CHART City of Aspen Managem Gmup I Emergency Coordination Center [ Incident Commander L Operations J[ Planning J l Logistics II Finance/Adn~in October 2002 Page 33 To: Mayor and City Council THRU: Julie Arm Woods, Community Development Director (~ I FROM: James Lindt, Planner ~-L---~ RE: Red Brick Arts and Recreation Center Extension of Vested Rights- Public Hearing DATE: September 22, 2003 BACKGROUND: APPLICANT: The Applicant, City of Aspen Parks and City of Aspen Parks and Recreation Recreation Department, represented by Department Tim Anderson, requests an extension of the vested property rights on the Red Brick REPRESENTATIVE: Arts and Recreation Center PUD Tim Anderson Amendment that was approved in September of 2000. Initially, City Council PARCEL ID:2735-073-13-801 granted a PUD amendment for the Applicant to construct a snow-shed canopy ADDRESS: roof and a new conference room in the Red 110 E. Hallam St. Brick Arts and Recreation Center (please see approved plans attached as Exhibit ZONING: "C")~ The snow-shed canopy was Public with a PUD Overlay constructed shortly after approval was granted, but the conference room has yet to APPROVED LAND USE: be built. Approval obtained to construct a conference room on the west end of the The project's vested rights expired on Red Brick Arts and Recreation Center September l ltn. However, the Applicant pursuant to City Council Ordinance No. 37, submitted an application for the extension Series of 2000. prior to the expiration deadline. Thc Applicant is requesting that City Council REVIEW PROCEDURE: extend the vested rights granted by Extension of Vested Rights. City Council Ordinance No. 37, Series of 2000 to may by resolution at a public hearing approve construct the approved conference room of or approve with conditions an extension of 546 square feet on the west end of the Red vested rights. Brick Arts and Recreation Center. STAFF COMMENTS: In reviewing the proposed request for an extension of vested fights, staff believes that the approval granted by Ordinance No. 37, Series of 2000 is still consistent with the Red Brick Master Plan that was created in 1997, in that the proposal would allow for storage to take the place of the existing conference room as was called for in the Master Plan. Additionally, staff believes that the additional storage space that would be provided in the existing conference room would aid the tenants of the building, which are primarily non-profit and arts related organizations as is consistent with the Aspen Area Community Plan goals relating to Arts, Culture, and Education. Moreover, staff believes that the addition of the conference room on the west side or'the building as was apprbved, would still enl~ance the exterior esthetics of the structure. Therefore, staff recommends that the City Council approve the proposed extension of vested rights for one year. STAFF RECOMMENDATION: Staff recommends approval of the extension of vested property rights for one year to establish an expiration date of September 22, 2004 to allow for the construction of the conference room that was approved pursuant to City Council Ordinance No. 37, Series of 2000, with the following condition: 1. That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes that are in affect at the time of building permit, urfless an exemption therefrom is granted in writing. RECOMMENDED MOTION: "I move to approve Resolution No. ~ Series of 2003, approving with a condition, a one year extension of vested property rights for the Red Brick Arts and Recreation Center PUD as was originally approved by Ordinance No. 37, Series of 2000. The new expiration date will be September 22, 2004." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Ordinance No. 37, Series 0f2000 Approving the Red Brick Arts and Recreation Center PUD Exhibit C -- Plans Approved pUrsuant to Ordinance No. 37, Series of 2000 Exhibit D -~ Application Letter 2 RESOLUTION N0. <~ (SERIES oF 2003> A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A ONE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY oRDINANcE NO. 37, SERIES OF 2000, FOR THE DEVELOPMENT APPROVALS GRANTED TO THE RED BRICK ARTS AND RECREATION CENTER, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-073-13-801 WHEREAS, the Community Developmem Department received an application from the City of Aspen Recreation Departmem (Applicant), represented by Tim Anderson. for a one year extension of vested rights approved pursuant to Ordinance No. 37. Series of 2000 to allow for the addition of a conference room at the Red Brick Arts and Recreation Center: and, WHEREAS, City Council adopted Ordinance No. 37, Series of 2000, which approved a PUD amendment for the addition of a snow-shed canopy and a 546 square fool conference room to the Red Brick Arts and Recreation Center located at 110 E. Hallam tLots A-I, and K-S, including the alley of Block 64. and lots E, F, and G. and pater of lots A. B, and C, of Block 7D City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.308.010(C), Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights; and, WHEREAS, the Co~mnunity Development Director has reviewed tire application and recommended approval of a one year extension of vested rights for the Red Brick Arts and Recreation Center, finding that the review criteria have been met: and. WHEREAS, the Aspen City Council has reviewed and considered the extension of vested rights for the red Brick Arts and Recreation Center trader the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Commtmity Development Director, and has taken and considered public comment ar a public heating; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commmfity Plan; and, VOtEREAS. the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a one-year extension of the vested rights granted by Ordinance No. 37, Series of 2000, to allow for the addition of a 546 square foot conference room and the conversion of the existing conference room within the Red Brick Arts and Recreation Center to a storage area for use by the tenants, with the following conditions: 1. The establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire. plumbing, electrical and mechanical codes. The developer shall abide by any and all such building, tire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in xvrifing. Section 2: All material representations and commkmenrs made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any exist'rog litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, pba'ase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 22nd day of September. 2003, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY. adopted, passed and approved this 22nd day of September. 2003. Approved as to form: Approved as to content: John Worcester, City Attorney Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS SECTION 26.308.010 VESTED PROPERTY RIGHTS Extension or Reinstatement of Vested Rights In reviewing a request for the extension or reinstatement of a development order and associated vested rights, the City Council shall consider, but not be limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; STAFF FINDING: The conditions of approval that were established in approving the original development proposal are all to take effect in conjunction with the building permit submittal. Therefore, staff does not believe that there are any outstanding conditions of approval that have to be met prior to applying for an extension of vested rights. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; STAFF FINDING: The Applicant has constructed the snow-shed canopy that was approved as part of the PUD mnendment granted pursuant to Ordinance No. 37, Series of 2000. The Applicant has indicated that they would like to pursue funding for constructing the conference room this year. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the City as a result of project approval such as impact fees or land dedications; STAFF FINDING: Other than the improved safety of the snow-shed canopy that was constructed over the walkway into the Red Brick, the City has not already received benefits fi'om this approval. However, Staff believes that the approval of the conference room and the vested rights that were afforded the Applicant are still in keeping with goals that were outlined in the Red Brick Master Plan that was adopted in 1997. The Master Plan called for the creation ora storage area in the location where the current conference room exists. In order to allow for the existing conference space to be converted to storage for use by the tenants of the building, the new conference space would have to be constructed to create a meeting area for the tenants of the building. Staff finds this criterion to be met. 3 d. The needs of the City and the applicant that would be served by approval of the extension or reinstatement request. STAFF FINDING: The Aspen Area Community Plan (AACP) encourages actions that promote the Arts, Culture, and Education. The existing conference room is to be converted into a storage area for the tenants of the Red Brick, which are primarily non-profit and art related organizations. Therefore, because the addition of the conference room that was approved pursuant to Ordinance No. 37, Series of 2000 allows for the existing conference room to be converted into storage for use by the tenants of the Red Brick, staff believes that the proposed extension of vested rights would benefit the local arts and non-profit communities that utilize the Red Brick Arts and Recreation Center. Therefore, Staff believes that the proposed extension of vested rights would benefit the City by encouraging the Applicant to pursue the approved development in the future that furthers several of the AACP's goals. Staff finds this criterion to be met. 4 ORDINANCE NO. 37 (SERIES OF 2000'~ AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE RED BRICK ARTS AND RECREATION CENTER PLANNED UNIT DEVELOPMENT AMENDMENT TO CONSTRUCT A CONFERENCE ROOM AND SNOW-SHED CANOPY ON THE RED BRICK ARTS AND RECREATION CENTER. CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-36-850 WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department. represented by Tim Anderson, Recreation Director, for an amendment to the Red Brick Arts and Recreation Planned Unit Developmem (PUD) to construct a conference room on the west end of the structure and construct a snow- shed canopy on the east end of the structure; and, WHEREAS, the subject property is a located in the Public (PUB) Zone District; and. WHEREAS, the Aspen City Council approved Ordinance No. 22, Series 1993 thru granted rezoning from R-6 to Public. Growth Management Quota System Exemption for Essential Public Facilities, and approval for a Final PUD Development Plan for the Aspen Arts and Recreation Center (F. K. A. The Red Brick Elementary School) located at 110 East Hallam (Lots A-1 and K~S, including the alley in block 64, and lots E, F, G, and parr of lots A, B, and C. Block 71) in the Townsite of Aspen, Pitkin County, Colorado; WHEREAS, pursuant to Sections 26.445, the City Council may approve an amendment to an approved Planned Unit Development, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; WHEREAS, the Community Development Director reviewed the PUD amendment and recommended approval; and, WHEREAS, the Historic Preservation Committee offered a unanimous endorsement of the proposed developments during a special meeting on July 13, 2000; and WHEREAS, during a duly noticed public hearing on August 1, 2000, the Planning and Zoning Commission approved Resolution No. 00-35, Series 2000, by a seven to zero (7- 0) vote, recommending City Council approve the Red Brick Arts and Recreation PUD Amendment; and, WHEREAS. the Aspen City Council has reviewed and considered the developmem proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on September 11, 2000, the City of Aspen City Council approved a second reading of Ordinance No. 37, Series 2000, by a four to zero (4-0) vote, approving the Red Brick Arts and Recreation PUD Amendment; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards mad that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council f'mds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and st~mdards set forth in Title 26 of the Aspen Municipal Code, the Red Brick Arts and Recreation PUD Amendment to construct a conference room on the west end of the structure and construct a snow-shed canopy on the east end of the structure is approved with the following conditions: 1 This project shall meet all of the codes and requirements of fife Aspen Fire Protection District. This includes but is not limited to maintaining fire alarm coverage in the new conference area; 2. Site development approvals must include the requirement meet'rog runoff design standards of the Land Use Code Section 26.580.020(A)(6)(a) and a requirement that. prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Deparmqent Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm: 3 That a full soils report and drainage report are needed prior to the application of a building permm 4. That the applicant receive approval from the City Engineering Department for design of improvements, including grading, drainage, transportation/streets. landscaping, and encroachments within public right of way; 5 That the applicant receive approval from the Streets Department for mailboxes, finished pavement, surface materials on streets, and alleyways; 6. That the applicant obtain either right-of-way permits or encroachments licenses as required for any work or development in the public right-of-way, from the Engineering Department: and 7. That the current drawings submitted are insufficient to determine if the proposed additions meet the height, setback, and floor area requirements of the PUD. The 2 applicant shall provide adequate and scaled site plans indicating exact locations of all proposed structures so that they do not exceed the height, setback, and floor area requirements of the PUD prior to the approval of the PUD Amendment and the application for building permks. Section 2: Ail material representations and commitments made by the applicant pursuant ro the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Comm/ssion or City Council, are hereby incorporated in such plan development approvals and the same shall be complied ~vith as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect any existing litigation and shall nor operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any secunn, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall nor affect the validity of the remmning portions thereof. INTRODUCED. READ AND ORDERED PUBLISHED as provided by law, by the City CotmciI of the City of Aspen on this 14th day of August, 2000. Attest: Kathryn S~och, City Clerk '~, R~/chel Richards, May/~ FINALLY, adopted, passed and approved this I lth day of September, 2000. Attest: Kathryn S~och, City Clerk Approved as to form: John ~to~fC~ity Attorney MEMORANDUM TO: JAMES LINDT, COMMUNITY DEVELOPMENT DEPT. FROM: TIMANDERSON, RECREATIONDIRECTOR DATE: AUGUST22, 2003 RE: EXTENSION OF RED BRICK VESTED RIGHTS I am formally requesting an extension of the Vested Rights of the Red Brick Arts and Recreation Center. More specifically, the request for and extension in vested rights pertains to the West End Improvements of the building. At this time the Red Brick Committee and myself have met with City Manager Steve Barwick who has requested that we identify a 10-year capital plan and revenue stream for the building before moving forward with the request from City Council to pursue these improvements. We want to insure that the facility has ample funds to maintain the existing conditions before moving forward on any new improvements. The Red Brick Committee is currently seeking a company to provide information on needed infrastructure improvements and pricing over a 10-year period. At this time we can provide a capitalization plan for the facility to include the West End Improvements. Our time line at this time is to complete the study and capitalization plan in time to present Council with the West End Improvement Plan during the 2004 budget process. We would continue to plan on beginning the improvements in the spring to early summer 2004. Please advise of any other necessary considerations for this request of an extension or the continuation of this process. Thank you, Tim Anderson City of Aspen Recreation Director Memorandum TO: Mayor and Members of Council FROM: John P. Worcester DATE: September 22, 2003 RE: Resolution to Initiate Annexation Proceedings for 7th Street & Hopkins Avenue Corridor Annexation Attached for your consideration is a resolution that, if adopted, WOuld initiate annexation proceedings for property referred to as the 7th Street and Hopkins Avenue Corridor Annexation. A petition to annex this property was filed by the Pitkin County Commissioners. The property proposed to be annexed is located on the West end of Hopkins Ave. and includes portions of Hopkins Avenue and 7th Street. A map of the area proposed to be annexed is appended hereto. This office and the Engineering Department have determined that the petition complies with the technical requirements for a petition pursuant to state annexation laws. According to state law, the next step in the annexation process is for Council to set a date for a heating, no less than 30 days nor more than 60 days after the effective date of the attached resolution setting the date for the public hearing, to determine if the annexation complies with Sections 31-12-104 and 31-12-105, C.R.S. Section 31-12-104 of the Colorado Revised Statutes requires: (a) That not less than one-sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality.... and (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality .... Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the limitations in the statute appear to prevent this annexation (hmitations on dividing land held in identical ownership, commencemcm of annexation proceedings for annexation to other municipalities, detachment of area fi:om a school district, prohibition against extending city limits beyond three miles in a single year. adoption of a plan for the area to be annexed, and requirement that entire widths of streets be made a pan of the annexed area). Nevertheless, a hearing must be held so Council can make those specific findings. Before this parcels can be annexed into the City the following steps must take place: (a) A hearing before Council te determine compliance with Sections 31-12-104 and 31- 12-105, C.R.S. as described above. (b) Land Use approvals, including zoning into the City. (The Ordinance establishing the zoning can be acted on at the same time the annexation ordinance is adopted.) Adoption of the attached resolution will cause staff to continue working on the above described steps. Once the steps are completed, an ordinance will be presented to Council to formally annex the area into the City. REQUESTED ACTION: A motion to adopt Resolution No. <~ , Series of 2003. CITY MANAGER'S COMMENTS: JPW-09/15/2003-G:\j ohn\word\memos\7th&Hopkins-resl.doc RESOLUTION NO. ~/ (Series of 2003) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "SEVENTH STREET/HOPKINS AVENUE CORRIDOR ANNEXATION"; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105. C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on August 19, 2003, the Pitkin County Commissioners constituting one hundred percem of the owners of certain property situate adjacent to the boundaries of the City of Aspen did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen. whereby real property described in said Petition for Annexation, is being petitioned for annexation to the City of Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropriate action to determine if the petition is substantially in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompanying copies of ten annexation maps, have been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in parhgraphs (c) and (d) of subsection (1) of Section 31-12- 107, C.R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for~ Annexation of ten-itory to the City of Aspen is hereby found and determined to be in substantial compliance with the proVisions of subsection (1) of Section 31-12- 107, C.R.S. Section 2 That the CitY Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12'105, C.R.S., and to establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 27th day of October, 2003, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days or more than sixty days after the effective date °fthis resolution). Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for 2 annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the tenitory proposed to be annexed, and to prepare and thereafter submit an annexation impact report in accordance with Section 31-12-108.5, C.R.S., to the Pitkin County Board of County Commissioncus at least twenty five (25) days pr/or to the date established for a public hearing. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,2003. Helen Kalin Klandemd, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk JPW-09/15/2003 -G: \j ohn\word\resos \ 7th&hopkins. doc ~~ c~ .~. 3. O..~ClTY COUNCIL AGENDA September 22, 2003 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #83, 2003 - Contract Award - 2003 Pedestrian improvements~ b) Resolution #84, 2003- Purchase MAA Land Smuggler Mountain #86,#85' 2003 _- AdoptionC°ntract - Stillwater Ranch Water Line c) Resolution 2003 of Annual Annexation Plan d) Resolution e) Resolution #89, 2003- South 7th & Hopkins Annexation // f) Minutes- September 8. 2003 VII. First Reading of Ordinances Ordinance #49, 2003 -Adopting Updated Model Traffic Code P.H. 10/14 VIII. Public Hearings a) Ordinance #22, 2003 - Little Ajax Annexation (continue to Oct. '14 b) Ordinance #21. 2003 - Little Ajax Subdivision (continue to Oct. 14th) c) Ordinance #43, 2003 - Maroon Creek Club PUD/SPA Amend. (co_~ ntin.ue_to O_ct. ,27th)~, Ordinance #47, 2003 - Surcharge on Municipal Court r-~/r~e) Resolution #87, 2003 - Adoption of Emergency Response Plan ~'pP,.o,,~'D ~--~ f) Resolution #88, 2003 - Red Brick Extension of Vested Rights ~¢g,j.~-~..,~ g) Resolution # 90,2003 - Knollwood Annexation (continue to Oct. 27"') ~(-0,/,.~{, IX. Action Items ,, a,)Ordinance #50, 2003 - General obligation refunding bonds (,~o~rs'~ ~0{~/~:;( ¢~\\c. ~"X.~'~.L! n formation Items Xl. Adjournment Next Regular Meeting October 14, 2003 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P,M. September 9, 2003 Ms. Kathryn Koch, City Clerk City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: ANNEXATION PETITION FOR LOTS 1, 2, AND 3, BLOCK 47 KNOLLWOOD SUBDMSION Dear Kathryn, It is my understanding that the next review by City Council of the annexation petition for Lots 1, 2, and 3, Block 4, Knollwood Subdivision is scheduled for~eptember 22. On behalf of the petitioners, I hereby request that this hearing be tabled for two meetings,~'o October 27. The petitioners are in the process of evaluating their options for these properties, and need some additional time before they proceed any further with the annexation process. Please let me know if there is anything else you require. Thank you for your assistance. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP fc: Mr. J. Bart Johnson THE CITY OF ASPEN Memorandum To: Aspen City Council ]~ Thru: Steve Barwick, City Manager From: Paul Menter, Director of Finance and Administrative Date: 9/19/03 Re: Bond Issue ordinance for review on First Reading, September 22, 2003 Attached please find a copy of the final ordinance for Council review on September 22, 2003, authorizing the 2003 General Obligation Bonds. Staff will be requesting final approval of this ordinance at the Council's regular meeting on October 14. This ordinance, in final form replaces the ordinance provided to Council yesterday. It is presented in strikeoutJundedine format to illustrate all of the changes that have been made since drafting of the initial ordinance. Please feel free to contact me if you have any questions or concems regarding this information. TABLE OF CONTENTS Page This table of contents is not a part of the following ordinance and is included solely for the convenience of the reader. Section 1. Definitions ................................................................................................ 3 Section 2. Authorization and Purpose of Bonds ......................................................... 8 Section 3. Bond Details ............................................................................................... 8 Section 4. Redemption of Bonds Prior to Maturity ................................................ 910 Section 5. Creation of Bond Account ................................................................... 441~_ Section 6. Delivery of Bonds and Application of Bond Proceeds ........................ 4-011 Section 7. Security for the Bonds ......................................................................... 4-1-1~ Section 8. Form of Bonds ..................................................................................... J~314 Section 9. Execution of Bonds ............................................................................ [. 4~1~4 Section 10. Temporary Bonds .......................................................................... ~g14 Section 11. Registration of Bonds in Registration Books Maintained by Paying Agent ........................................................................................................ 14 Section 12. Transfer and Exchange of Bonds ......................................................... 4415 Section 13. Replacement of Lost, Destroyed or Stolen Bonds ............................... 441~55 Section 14. Call and Payment of Refunded Bonds ................................................ -1-41~ Section 15. Investments .......................................................................................... &51~6 Section 16. Various Findings, Determinations, Declarations and Covenants ........ J~51~ Section 17. Federal Income Tax Covenants ......................................................... 4:819~ Section 18. Defeasance ............................................................................................ 20 Section 19. Events of Default ..................................................................................... 20 Section 20. Remedies for Events of Default ........................................................... Section 21. Amendment of Ordinance ........................................................................ 2I Section 22. Appointment and Duties of Paying Agent ............................................... 22 Section 23. Approval of Related Documents .......................................................... gg23_ Section 24. Events Occurring on Days That Are Not Business Days .................... Section 25. Ordinance Is Contract with Owners of Bonds and Irrepealable .......... Section 26. Limitation of Actions .............................................................................. 23 Section 27. Headings, Table of Contents and Cover Page ......................................... 23 Section 28. Severability ........................................................................................ Section 29 Repeal of Inconsistent Ordinances ....................................................... 2-324__ Section 30. Ratification of Prior Actions ................................................................ ~324__ APPENDIX A Form of Bonds ORDINANCE NO. (SERIES OF 2003) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003, IN THE AGGREGATE PRINCIPAL AMOUNT OF $[7,865,000] FOR THE PURPOSE OF REFUNDING THE CITY'S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1992A, GENERAL OBLIGATION HOUSING REFUNDING BONDS. SERllES 1993A AND GENERAL OBLIGATION HOUSING REFUNDING BONDS, SERIES 1993B; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM AVAILABLE TRUSCOTT HOUSING FUND REVENUES, AVAILABLE MAROLT HOUSING FUND REVENI. JES, AVAILABLE P, ED/~RICK HOUSLNGGENE_RAL_ FUND REVENUES AND AVAILABLE HOUSING DEVELOPMENT FUND REVENUES THAT ARE AVAILABLE FOR SUCH PURPOSES ~X,rD, IF ANY_:_PRO~fD~I'bXG FOR THE PAYMENT OF SUCH ~NDS FROM THE PROCEEDS OF AD VALOREM PROPERTY TAXES; PROVDING FOR THE LEVY OF AD VALOREM PROPERTY TAXES FOR THE PAYMENT OF SUCH BONDS; PROVDING THE FORM OF SUCH BONDS AND OTHER'DETAILS WITH RESPECT TO SUCH BONDS AND THE PAYMENT THEREOF; APPROVING OTHER DOCUMENTS RELATING TO SUCH BONDS; AND PROVDING THE EFFECTIVE DATE OF THIS ORDINANCE. RECITALS WHEREAS, the City of Aspen (the "City"), in the County of Pitkin and State of Colorado, is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (as more particularly defined in Section i herein, the "Charter") (all capitalized terms used and not otherwise defined in the recitals hereof shall have the meaning assigned in Section 1 of this Ordinance); and WHEREAS, under the Charter, the City is possessed of all powers which are necessary, requisite or proper for the government and administration of its local and municipal matters, all powers which are granted to home rule municipalities by the Colorado Constitution, and all rights and powers that now or hereafter may be gran'Ied to municipalities by the laws of the State of Colorado; and WHEREAS, pursuant to Section 10.6 of the Charter, the City Council of the City (the "City Council") may authorize, by ordinance, without an election, the issuance of refunding bonds for the purpose of refunding and providing for the payment of the City's outstanding bonds; WHEREAS, Article X, Section 20 of the Colorado Constitution "T~T_ABOR"3 provides that voter approval in advance is required for the creation of any district=(&s su_ch term is defined in TABOR, which includes xovernmental entries s_uch as the C~ direct or indirect debt or 02-154338~4 other multiple-fiscal year financial obligation whatsoever except for refinancing district bonded debt at a lower interest rate; and WHEREAS, on October 28, 1992, the City issued its General Obligation Bonds, Series 1992A. dated October 1, 1992, in the original principal amount of $3.600.000 (the "Series 1992A Bonds"), which bonds are currently outstanding in the principal amount of $1,520,000 and bear interest at rates ranging from 5.60% to 6.25% per annam; and WHEREAS, the Series 1992A Bonds are subject to redemption prior to maturity, at the option of the City, on December 1. 2002 and on any date thereafter at a redemption price equal to 101.5% of the principal amount so redeemed, plus accrued interest to the redemption date; and WHEREAS~_the City will provide le¢all¥ available moneys of the Cikv m an amount whi~ when combined with ~on of the_~2r~_eeds of the Bonds: will be sufficient to nay the Serie_ s 1992A Refunded. Bonds Requirements on the Series 1992A Redem~te which funds ~hall be de op2~ted with the S_efies 1992A Pavin Ag~g~t upon issuance arid delivery oft_he Bonds (defined belowL: and WHEREAS. on May 18. 1993, the City issued its General Obligation Housing Refunding Bonds, Series 1993A. dated April 15, 1993, in the original principal amount of $4,160,000 (the "Series 1993A Bonds"), which bonds are currently outstanding in the principal amount of $2,030,000 and bear interest at rates ranging from 5.25% to 5,50% per annam; and WHEREAS. the Series 1993A Bonds ~gtur~ng on and aft. er December 1~ 20_94 are subject to redemption prior to maturity, at the option of the City, on December 1, 2003 and on any date thereafter at a redemption price equal to 101% of the pnnc~pal amount so redeemed plus accrued interest to the redemption date; and ~WHEREAS. the Sefie_s 1993A Bonds mamdn og~q~December 1 20~he "2003_ Maturity") are not part of the~y's refunding_ plan_'~d_~d WHERE6S t~he Cit~will provide le~ailable mo~s of the City in an amount_ e~ual to the sam of (il the ~rinci~g_l amount of the 2003 Maturity an~ii) all acc~ed _but unpaid jn~ere~t tO December 1 2~Z~003 on the Series 1993A Bonds which funds shall be deposited~w/~h the S_~ries 1993Apa in A ent u on issuance and_deliver~onds_; and WHEREAS. the City issued its General Obligation Housing Refunding Bonds, Series 1993B. dated April 15, 1993, in the original principal amount of $6,125,000 (the "Series 1993B Bonds"), which bonds are currently outstanding in the pnnc~pal amount of $4,755,000 and bear interest at rates which range from 5.35% to 5.75% per annum; and WHEREAS, the Series 1993B Bonds are subject to redemption prior to maturity, at the option of the City, on April 15, 2003 and on any date thereafter at a redemption price equal to 101% of the principal amount so redeemed plus accrued interest to the redemption date; and WHEREAS, the City Council has determined that it is in the best interests of the City and its residents to issue the City of Aspen, Colorado, General Obligation Bonds, Series 2003, in the aggregate principal amount of $[7.865.000] (the "Bonds"), for the purposes of refunding the ~2-1543~.~4 2 outstanding Series 1992A Bonds, Series 1993A Bonds and Series 1993B Bonds at a lower interest rate and paying the costs of issuance of the Bonds; and WHEREAS, the City Council intends to pay the principal of, premium, if any, and interest on the Bonds from (a) moneys constituting rents or other revenues from the operation of the City's Tmscott Place affordable housing complex that are on deposit in the City's Truscott Housing Fund and are available for payment of the principal of, premium, if any, and interest on the Bonds (as more particularly defined in Section 1 hereof, the "Available Truscott Housing Fund Revenues"), (b) moneys constituting rents or other revenues from the operation of the City's Marolt affordable housing complex that are on deposit in the City's Marolt Housing Fund and are available for payment of the principal of, premium, if any, and interest on the Bonds (as more particularly defined in Section 1 hereof, the "Available Marolt Housing Fund Revenues"), (c) moneys ..... ....~cc .... 14a~-~ ........... "~"~ ......... ~~,~.~,,~" ~'~'~.~, ~ .... ~ on deposit in the City's /: .i ' - - '~ e eral Fund amtwhic~ are available for payment of the principal of, premium, if any, and interest on the Bonds (as more particularly defined in Section 1 hereof, the "Available RcdSr/ck Hcusinggen~ral Fund'Revenues"), and (d) real estate excise tax revenues and sales tax revenues that are on deposit in the City's Housing Development Fund and are available for payment of the principal of, premium, if any, and interest on the Bonds (as more particularly defined in Section 1 hereof, the "Available Housing Development Fund Revenues"); WHEREAS, notwithstanding the City's intention to pay amounts due on the Bonds from the Available Tmscott Housing Fund Revenues, the Available Marolt Housing Fund Revenues, the Available Rcdb~ck ...... ng_Genera! Fund Revenues and the Available Housing Development Fund Revenues, the City is not _obligated tO u~e such r¢ven.ue$ for payment of the Bon_ds and the Bonds are general obligations of the City and the full faith and credit of the City are pledged to their payment; and WHEREAS, no member of the City Council has a potential conflict of interest in cormection with the authorization, issuance, sale or use of proceeds of the Bonds; and WHEREAS, proceeds derived from the sale of the Bonds shall be deposited in the Series I992A Refunded Bonds Bond Account, Ca~d, with__r_espect to the 2003 _Maturity _o_n the Series 199_3A Bonds.. together with legally available mone_vs of the City) the Series 1993A Refunded Bonds Bond Account~ and the Series 1993B Refunded Bonds Bond Account, respectively, solely for payment of the Refunded Bonds and shall he applied by the 1992A Refunded Bonds Paying Agent, the 1993A Refunded Bonds Paying Agent and the 1993B Refunded Bonds Paying Agent, respectively, to refund, pay and discharge the ..... ~ ~ *~'~ ' .1992A_Bonds on the Serie_s I~A Redemption Date, the~Series 1993A Bqnds on the Series_ 199__3A Redem~n Dateand the S~es I993B_Bond$ ~_ectivelv, ali as ~s more particularly hereinafter set forth (capitalized terms used in the foregomg recital are defined in Section 1 below); and WHEREAS, this Ordinance is being adopted to authorize the issuance, sale and delivery of the Bonds, to provide for the payment ofth~ Bonds and to provide the details of the Bonds; NOW, THEREFORE, BE IT ORDAiNED, BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1. Definitions. The following terms shall have the following meamngs for purposes of this Ordinance: "Acts" means, collectively, the State Constitution, the Charter, and Article 56 of Title lg ~olorado Revised Statutes as amended a_nd Part 2 Of Article 27 of Title I 1, Colorado Revised Statutes, as amended. "Available Fund Revenues" means, collectively, the Available Housing Development Fund Revenues, the Available Marolt Housing Fund Revenues. the Available ........ ~G~neral Fund Revenues, and the Available Truscott Housing Fund Revenues~ "Av_qilab!¢ G~eneral Fund Revenues" means moneyson deposit__in the City's General E~md whic~hh are available for pulL, kent of. the prinmpal of, prem_ium, if ally. aod interest on the _Bonds. "Available Housing Develot2ment Fund Revenues" means real estate excise tax revenues and sales tax revenues that are on deposit in the City's Housing Development Fund and are available for payment of the pr/ncipal of, premium, if any, and interest on the Bonds. "Available Marolt Housing Fund Revenues" means moneys constituting rents or other revenues fi.om the operation of the City's Marolt affordable housing complex that are on deposit in the City's Marolt Housing Fund and are available for payment of the principal of, premium, if any, and interest on the Bonds. ~ ....· . ,~.^ c,;,..,. ~> ^~,..4~ ~ ....... ~ F ...... nd are available for p,~ .............~ ...... ~ ..... "AYailable Truscott Housing Fund Revenues" means moneys constituting rents or other revenues from the operation of the City's Truscott Place affordable housing complex that are on deposit in the City's Tmscott Housing Fund and are available for payment of the prinmpal of.. premium, if any, and interest on the Bonds after payment of, among other things, the principal of, premium, if any, and interest on the City's General Obligation Housing Bonds Series 200lA ~nd General Obligation Housing Bonds, Series 200lB. "Bond Account" means the City of Aspen. Colorado, General Obligation Refundiilg Bonds Series 2003 Bond Account" created pursuant to the Section hereof entitled "Creation of Bond Account." "Bond Counsel" means (i) as of the date of issuance of the Bonds, Kutak Rock LLP, and (ii) as of any other date, Kutak Rock LLP or such other attorneys selected by the City with nationally recognized expertise in the issuance of municipal bonds. 4 "Bond Obligation" means, as of any date, the principal amoum of Bonds then Outstanding. "Bond Purchase Agreement" means the Bond Purchase Agreement pursuant to which the Original Purchaser has agreed to purchase the Bonds at the price and on the terms set forth therein. "Bonds" means the City of Aspen, Colorado, General Obligation Bonds, Series 2003, authorized in the Section hereof entitled "Authorization and Propose of Bonds." "Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the Stare are authorized or obligated by law or executive order to be closed for business. "Charter" means the Charter of the City of Aspen, adopted June 16, 1970, as amended. "City" is defined in the recitals hereof. "City Council" means the City Council of the City, and any successor body. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder and applicable to the Bonds or the use of proceeds thereof, unless the context clearly requires otherwise. "Continuing Disclosure Undertaking" means the undertaking to facilitate compliance with Rule 15c2-12 under the Securities Exchange Act of 1934 in substantially the form appended to the Preliminary Official Statement. "Dated Date" means October 1, 2003. "Defeasance Securities" means cash funds or bills, certificates of indebtedness, notes, bonds or similar securities which are direct non-callable obligations of the United States of America or which are fully and unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, to the extent such investments are Permitted Investments. "DTC~' means The Depository Trust Company, New York, New York, and its successors in interest and assigns. "DTC Letter of Representations" means the Blanket Letter of Representations dated July 26, 1999 between the City and DTC with respect to the book-entry registration system for the Bonds. "Event of Default" means any one or more of the events set forth in the Section hereof entitled "Events of DefaulC' "Interest Payment Date" means each June 1 and December 1, commencing June 1, 2004. 5 "Official Statement" means the final Official Statement relating to the Bonds approved in the Section hereof entitled "Approval of Related Documents." "Ordinance" means this Ordinance, including any amendment or supplement hereto. "Original Purchaser" means George K. Baum & Company. "Outstanding" means, as of an~ date, all_Bonds, except the following: (a) Any Bond cancelled by the City or the Paying Agent, or otherwise on the City's behalf, at or before such date; (b) Any Bond held by or on behalf of the City; (c) Any Bond for the payment or the redemption of which moneys or Defeasance Securities sufficient to meet all of the payment requirements of the pnnc~pal of, premium, if any, ~and interest on such Bond to the date of maturity or prior redemption thereof, shall have theretofore been deposited in trust for such purpose in accordance with the Section hereof entitled "Defeasance"; and (d) Any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in substitution for which another bond or other security shall have been executed and delivered. "Owner" means the Person or Persons in whose name or names a Bond is registered on the registration books maintained by the Paying Agent pursuant hereto. "Paying Agent" means , [_U.S. Bank Nati_onal ~A~sociati_on. Denver,,- Colorado. or any successor thereto or assignee thereof approved by the City. "Paying Agent Agreement" means an agreement with the Paying Agent concerning the duties and obligations of the Paying Agent with respect to the Bonds. "Permitted Investments" means any investment in which funds of the City may be invested under the laws of the State at the time of such investment. "Person" means a corporation, finn, other body corporate, partnership, association or individual and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. "Preliminary Official Statement" means the Preliminary Official Statement relating to the Bonds dated ., 2003. "Rebate Account" means the City of Aspen General Obligation Refunding Bonds Series 2003 Rebate Account created in the Section hereof entitled "Federal Income Tax Covenants." 2022- ~4233~ 6 "Record Date" means, with respect to each Interest Payment Date, the fifteenth day of the month preceding the month (whether or not such day is a Business Day) in which such Interest Payment Date occurs. "Rcde:~ptio~: Da':e" :u~ans Dcce:uber l, "Refunded Bonds" means, collectively, the Series 1992A Refunded Bonds, the Series 1993A Refunded Bonds and the Series 1993B Refunded Bonds. "Refunding Project" means any purpose for which proceeds of the Bonds may be expended under the Charter, including, but not limited to, the payment of an allocable portion of the costs of issuance of the Bonds and the refunding, paying and discharging of the Series 1992A Refunded Bond Requirements, the Series 1993A Refunded Bond Requirements and the Series 1993B Refunded Bond Requirements. "Series J992A Bond Ordinance" means the City's Ordinance No. 66 (Series of 1992) approved on first reading on October 14, 1992 and approved and adopted on final reading on October 26, I992. "Series J992A Bonds ' is defined in the recitals hereof. "Series 1992A Paying Agent" means U.S.Wells Fargp~ Bank. Wes~t National Association, successor in interest to C-~!cradc~orwest Bank Denver. National Ear2-,Associ_ation. "_Series J992A Redemption DaLe" meang on or abou_r October 29, 2003_. "Series 1992A Refunded Bonds" means the Series 1992A Bonds maturing on and after December 1, 2003, outstanding in the principal amount of $1,520,000. "Series 1992A Refunded Bonds Bond Account" means the bond account established for payment of the Series 1992A Bonds pursuant to the Series 1992A Bond Ordinance. "Series 1992A Refunded Bonds Requirements" means the sum of (i) all of the principal then outstanding on the Series 1992A Refunded Bonds on the Series 1992A Redemption Date, (ii) all unpaid interest accrued on the Series 1992A Refunded Bonds to the Se6e_s !992A Redemption Date and (iii) a redemption pmmlum equal to 1.5% of the outstanding principal amount described in (i) above. "Series 1993A Bond Ordinance" means the City's Ordinance No. 15 (Series of 1993) approved on first reading on March 22, 1993 and approved and adopted on final reading on April 12, 1993. "Series 1993A Bonds" is defined in the recitals hereof. "Series 1993A Paying Agent" means U.S.j~f~lls Fargo~ Bank West, National Association, successor in interest to Cc!c:'a~oNo_rwest Bank De~v~ National BankAssociatlon. ~_eries J 993A Redemption _Date" means December 1_,_2003~ 7 'Series 1993A Refunded Bonds" means the Series 1993A Bonds maturing on and after December 1, 2004, outstanding in the principal amount of ~2,020.©00.1_,735 00~Q~0. 'Series ]993A Refunded Bonds Bond Account" means the bond account established for payment of the Series 1993A Bonds pursuant to the Series 1993A Bond Ordinance. Series ]993A Refunded Bonds Requirements" means the sum of (i) all of the principal then outstanding on the Series 1993A Refunded Bonds on the Sex/es 1993A Redemption Date (which principal amount does_not ~¢lude the_2003 Ma~rit¥ on the Seri~s 1993A Bondsl, (ii) all unpaid interest accrued on the Series 1993A Refunded Bonds to the_Series !993A Redemption Date and (iii) a redemption premium equal to 1.0% of the outstanding pnncipal amount described in (i) above. 'Series ]993B Bond Ordinance" means the City's Ordinance No. 16 (Series of 1993~ approved on first reading on March 22, 1993 and approved and adopted on final reading on April 12, 1993. "Series ]993B Bonds" is defined in the recitals hereof. "Series ]993B Paying Agent" means U.S.~Wells Fargc~ Bar~k. We~ National Association, successor in interest to Colorad~_Norwest Bank Denver, National ~3ankAssociation. "Series 1995B Redemption Date" means on or about October 29, 2003: "Series 1993B Refunded Bonds" means the Series t993B Bonds maturing on and after April 15, 2004, outstanding in the principal amount of $4,755,000. "Series 1993B Refunded Bonds Bond Account" means the bond account established for payment of the Series 1993B Bonds pursuant to the Series 1993B Bond Ordinance. "Series 1993B Refunded Bonds Requirements" means the sum of (i) all of the principal then outstanding on the Series 1993B Refunded Bonds on the Series 1993B~_Redemption Date, (ii) all unpaid interest accrued on the Series 1993B Refunded Bonds to the_Series 1993B Redemption Date and (iii) a redemption premium equal to 1.0% of the outstanding principal amount described in (i) above. "State" means the State of Colorado. "Tax Letter of Instructions" means the Tax Letter of Instructions, dated the date on which the Bonds are originally issued and delivered to the City by Bond Counsel. as such instructions may be superseded or amended in accordance with their terms. Section 2. Authorization and Purpose of Bonds. Pursuant to and in accordance with the Acts, the City hereby authorizes, and directs that there shall be issued the "City of Aspen, Colorado, General Obligation Refunding Bonds, Series 2003," in the aggregate original principal amount of $[7,865,000] for the purpose of financing the Refunding Project. Section 3. Bond Details. (a) Registered Form, Denominations, Original Dated Date and Numbering. The Bonds shall be issued as fully registered bonds, shall be dated as of the Dated Date and shall be registered in the names of the Persons identified in the registration books maintained by the Paying Agent pursuant hereto. The Bonds shall be issued in denominations of $5,000 in principal amount or any integral multiple thereof. The Bonds shall be consecutively numbered, beginning with the number one, preceded by the letter (b) Maturity Dates, Principal Amounts and Interest Rates. The Bonds shall mature on December 1 of the years and in the principal amounts, and shall bear interest at the rares per annum (calculated based on a year of twelve 30-day months), set forth below: Maturity Principal Interest Rate (December 1) Amount (c) Accrual and Dates of Payment of Interest. Interest on the Bonds shall accrue at the rates set forth above from the later of the original dated date or the latest Interest Payment Date (or in the case of defaulted interest, the latest date) to which interest has been paid in full and shall be payable on each Interest Payment Date. (d) Manner and Form of Payment. Principal of each Bond shall be payable to the Owner thereof upon presentation and surrender of such Bond at the principal office of the Paying Agent in the city identified in the defin/tion of Paying Agent in the Section hereof entitled "Definitions" or at such other office of the Paying Agent designated by the Paying Agent for such purpose. Interest on each Bond shall be payable by check or draft of the Paying Agent mailed on each Interest Payment Date to the Owner thereof as of the close of business on the corresponding Record Date; provided that interest payable to any 02-I5433I~ 9 Owner may be paid by any other means agreed to by such Owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required hereunder or increase the costs borne by the City hereunder. All payments of the principal of and interest on the Bonds shall be made in lawful money of the United States of America. (e) Book-Entry Registration. Notwithstanding any other provision hereof, the Bonds shall be delivered only in book-entry form registered in the name of Cede & Co.. as nominee of DTC. acting as securities depository of the Bonds and pnncrpal of and rnterest on the Bonds shall be paid by wire transfer to DTC; provided, however, if at any time the Paying Agent determines, and notifies the City of its determination, that DTC is no longer able to act as. or ~s no longer satisfactorily performing its duties as, securities depository for the Bonds. the Paying Agent may, at its discretion, either (i) designate a substitute securities depository for DTC and reregister the Bonds as directed by such substitute securities depository or (ii) terminate the book-entry registration system and reregister the Bonds in the names of the beneficial owners thereof provided to it by DTC. Neither the City nor the Paying Agent shall have any liability to DTC, Cede & Co., any substitute securities depository, any Person in whose name the Bonds are reregistered at the direction of any substitute securities depository, any beneficial owner of the Bonds or any other Person for (A) any determination made by the Paying Agent pursuant to the proviso at the end of the immediately preceding sentence or (B) any action taken to implement such determination and the procedures related thereto that is taken pursuant m any direction of or in reliance on any information provided by DTC, Cede & Co., any substitute securities depository or any Person in whose name the Bonds are reregistered. Section 4. Redemption of Bonds Prior to Maturity. (a) Optional Redemption of Bonds. The Bonds ma~unng on and before December 1,2011,20 ~ are not subject to redemption prior to their respective maturity dates. The Bonds maturing on and after December 1, g012,2_0 , are subject to redemption prior to maturity at the option of the City, in whole or in part in integral multiples of $5,000, and if in part in such order of maturities as the City shall determine and by lot within a maturity, on December 1, 2011 ~20 ? and on any date thereafter, ar a redemption price equal to the principal amount of the Bonds to be redeemed (with no redemption premium), plus accrued interest to the redemption date. (b) [Mandatory Sinking Fund Redemption of Bonds. The Bonds maturing on December 1, __ are subject to mandatory sinking fund redemption by lot on December 1 of the years and in the principal amounts specified below, at a redemption price equal to the principal amount thereof (with no redemption premium), plus accrued interest to the redemption date: Mandatory Sinking Fund Redemption Schedule For Bonds Maturing December 1, Years Principal Amount At its option, to be exercised on or before the forty-fifth day next preceding each sinking fund redemption date, the City may (i) purchase and cancel any Bonds with the same maturity date as the Bonds subject to such sinking fund redemption and (ii) receive a credit in respect of its sinking fund redemption obligation for any Bonds with the same maturity date as the Bonds subject to such sinking fund redemption which prior to such date have been redeemed (otherwise than through the operation of the sinking fund) and cancelled and nor theretofore applied as a credit against any sinking fund redemption obligation. Each Bond so purchased and cancelled or previously redeemed shall be credited at the principal amount thereof to the obligation of the City on such sinking fund redemption date, and the principal amount of Bonds to be redeemed by operation of such sinking fund on such date shall be accordingly reduced.] (c) Redemption Procedures. Notice of any redemption of Bonds shall be given by the Paying Agent by sending a copy of such notice by first-class, postage prepaid mail, not less than 30 days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any Bond shall have been duly called for redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. Section 5. Creation of Bond Account. There is hereby created the "City of Aspen, Colorado, General Obligation Refunding Bonds Series 2003 Bond Account" (defined in Section 1 hereof as the "Bond Account"). Moneys on deposit in the Bond Account shall be applied solely to the payment of the principal of and interest on the Bonds and for no other purpose until the Bonds. including principal and interest, are fully paid, satisfied and discharged. Section 6. Delivery of Bonds and Application of Bond Proceeds. Upon payment to the City of the purchase price of the Bonds in accordance with the Bond Purchase Agreement, the Bonds shall be delivered to or as directed by the Original Purchaser and the proceeds received by the City from the sale of the Bonds shall be applied as a supplemental appropriation by the City as follows: (a) to the Bond Account, the accrued interest on the Bonds from the Dated Date thereof to the date of issuance, if any; (b) to payment of the costs of issuing the Bonds; (c) to the Series 1992A Refunded Bonds Bond Account, proceeds of the Bonds which are sufficient to pay the Series 1992A Refunded Bonds Requirements; (d) to the Series 1993A Refunded Bonds Bond Account, proceeds of the Bonds which are sufficient to pay the Series 1993A Refunded Bonds Requirements; and (e) to the Series 1993B Refunded Bonds Bond Account, proceeds of the Bonds which are sufficient to pay the Series 1993B Refunded Bonds Requirements. (fl In additio_n, upon issuance and delivery of the Bonds~the Citv will provide l~aallv available moneys of the City as follows: ~ ~ an amount which, when combined with a portion of the vroceed_s of the Bonds,will be sufficient to pay the Series 1992A Refunded Bond.$ Re__o. uirements on the Series 1992A Redemption Date, whi_ch fun_d_s shall be _deposited with the Series 1992A Pavinz A_gent and in an amount eclu~ to the sum orCA) th_e principal m~ount of the _2003 Maturity and~(B) all accrued but unpaid interest to December 1. 2003 on the _Series 1993A Bonds. which funds shall be deposited with the Serie~ 1993A Eavin~ Agent. Section 7. Security for the Bonds. (a) General Obligations. The Bonds shall be general obligations of the City, payable from the ad valorem property taxes levied by the City pursuant to this Section, other moneys transferred to or deposited into the Bond Account pursuant to this Ordinance and other moneys made available for the payment of the for the payment of the principal of, premium, if any, and interest on the Bonds pursuant to subsection (fl of this Section. The full faith and credit of the City are pledged for the punctual payment of the principal of, premmm, if any, and interest on the Bonds. (b) Transfers .from Available Fund Revenues. On or before each date on which the City is required to deposit amounts with the Paying Agent pursuant to subsection (h) of this Section, the City shall transfer any combination of Available Fund Revenues to the Bond Account in an amount equal to the lesser of: (i) the principal of, premium, if any, and interest on.the Bonds due to be so deposited on such date, less any other moneys then on deposit in the Bond Account; or (ii) the total of all Available Fund Revenues at the time of such transfer which the City, in its discretion, elects to transfer to the Bond Account (c) Levy of Ad Valorem Taxes. For the purpose of paying the principal of, premium, if any, and interest on the Bonds when due, respectively, the City Council shall, before such time provided for by law for levying other City taxes, annually determine a rate of levy for general ad valorem taxes, without limitation as to rate or amount, on all of the taxable property within the City, that will be sufficient, when combined with the amount of the Available Fund Revenues projected to be transferred to the Bond Account pursuant to subsection (b) of this Section and other moneys deposited to the Bond Accounl pursuant to subsections (d) and (f) of this Section, to pay the principal of, premium, if any, and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. The City Council shall, in certifyang annual ~02-154338A 1 2 levies for general ad valorem taxes, take into account the maturing indebtedness of the Bonds for the ensuing year, deficiencies and defaults of prior years and any reimbursement ro be made pursuant to' subsections (d) or (f) of this Section and shall make ample provision for the payment thereof. The general ad valorem taxes levied pursuant to this subsection, when collected, shall be 'deposited into the Bond Account. (d) Covenant Upon Deficiency in Bond Account. Notwithstanding anything else contained herein_ the City hereby irrevocably covenants and agrees that, in the evem that amounts on deposit in the Bond Account on any date on which the City is required ro deposit amounts with the Paying Agent pursuant to subsection (h) of this Section is less than the amount sufficient ro pay the principal of, premium, if any, and interest on the Bonds on the corresponding Interest Payment Date, the City Council shall immediately transfer previously appropriated moneys in the amount of such deficiency from the general fund or any other legally available fund of the City to the Bond Account for the payment of such amounts, and shall promptly pass and adopt supplemental or emergency ordinances or resolutions as are required to effectuate such transfer and use. Thereafter, such appropriations and transfers shall continue to be made in such amounts and with sufficient frequency to assure that the moneys on deposit in the Bond Account shall be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. Upon the next succeeding levy of ad valorem proper~y taxes for the Bonds pursuant to subsection (c) of this Section, the taxes levied pursuant thereto shall include amounts sufficient to reimburse the fund from which amounts were transferred pursuant to this subsection and such reimbursement shall be made and appropriation made therefor upon the collection of such taxes. (e) Levy of Additional Ad IZalorern Taxes. If the moneys on deposit in the Bond Account. including, but not limited to, moneys of the City deposited therein pursuant to subsections (b), (d) and (f) of this Section, are not sufficient to pay punctually the annual installments on the contracts or bonds of the City, and interest thereon, and to pay defaults and deficiencies, the City Council shall make such additional levies of taxes as may be necessary for such purposes, and such taxes shall be made and continue to be levied until the indebtedness is fully paid. The general ad valorem taxes levied pursuant to this subsection, when collected, shall be deposited into the Bond Account. (f) Use or Advance of Other Legally Available Moneys. Nothing herein shall be interpreted to prohibit or limit the ability of the City to use legally available funds of the City other than moneys required by this Ordinance to be transferred to or deposited into the Bond Account to pay all or any portion of the principal of, premium, if any, or interest on the Bonds. If and to the extent such other legally available moneys are used to pay the principal of, premium, if any, or interest on the Bonds, the City may, but shall not be required to, (i) reduce the amount of taxes levied for such purpose pursuant to subsection (c) of this Section or (ii) use proceeds of taxes levied pursuant to subsection (c) of this Section to reimburse the fund or account from which such other legally available moneys are withdrawn for the amount withdrawn from such fund or account to pay the principal of or interest on the Bonds. If the City selects alternative (ii) in the immediately preceding sentence, the taxes levied pursuant to subsection (c) of this Section shall include amounts sufficient to fund the reimbursement. (g) Appropriation and Budgeting of Proceeds of Moneys. All amounts transferred to or deposited into the Bond Account pursuant to this Ordinance are hereby appropriated for that purpose, and all amoums required to pay the principal of and interest on the Bonds when due, respectively, in each year shall be included in the annual budget and appropriation ordinance to be adopted and passed by the City Council for such year. (h) Deposit of Moneys to Pay Bonds with, and Payment of Bonds By, Paying Agent. No later than the Business Day immediately preceding each Interest Payment Date, the City, from moneys on deposit in the Bond Account or other moneys made legally available pursuant to subsection (f) of this Section, shall deposit moneys with the Paying Agent in an amount sufficient to pay the principal of, premium, if any, and interest on the Bonds on such date. The Paying Agem shall use the moneys so deposited with it to pay the principal of, premium, if any, and interest on the Bonds when due. Section 8. Form of Bonds. The Bonds shall be in substantially the form set forth in Appendix A hereto, with such changes thereto, not inconsistent herewith, as may be necessary or desirable and approved by the officials of the City executing the same (whose manual or facsimile signatures thereon shall constitute conclusive evidence of such approval). All covenants, statements, representations and agreements contained in the Bonds are hereby approved and adopted as the covenants, statements, representations and agreements of the City. Although attached as appendices for the convenience of the reader, Appendix A is an integral parr of this Ordinance and is incorporated herein as if set forth in full in the body of this Ordinance. Section 9. Execution of Bonds. The Bonds shall be executed in the name and on behalf of the City with the manual or facsimile signature of the Mayor or Mayor Pro Tem o£ the City, shall bear a manual or facsimile of the seal of the City and shall be attested by the manual or facsimile signature of the City Clerk or Deputy or Assistant City Clerk, all of whom are hereby author/zed and directed to prepare and execme the Bonds in accordance with the requirements hereo£ Should any officer whose manual or facsimile signature appears on the Bonds cease to be such officer before delivery of any Bond. such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. When the Bonds have been duly executed, the officers of the City are authorized to, and shall, deliver the Bonds to the Paying Agent for authentication. No Bond shall be secured by or entitled to the benefit of this Ordinance, or shall be valid or obligatory for any purpose, unless the certificate o£ authentication of the Paying Agent has been manually executed by an authorized signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence, that such Bond has been properly authenticated and delivered hereunder. Section 10. Temporary Bonds. Until Bonds in definitive form are ready for del/very, the City may execute, and upon the request of the City, the Paying Agent shall authenticate and deliver, subject to the provisions, limitations and conditions set forth herein, one or more Bonds in temporary form, whether printed, typewritten, lithographed or otherwise produced, substantially in the forms of the definitive Bonds, with appropriate omissions_ variations and insertions, and in authorized denominations. Until exchanged for Bonds in definitive form such Bonds in temporary form shall be entitled to the benefits and security of this Ordinance. Upon the presentation and surrender of any Bond in temporary form, the City shall, without unreasonable delay, prepare, execute and deliver to the Paying Agent and the Paying Agent shall authenticate and deliver, in exchange therefor, a Bond or Bonds of the same series in definitive form. Such exchange shall be made by the Payin~ Agent without making any charge therefor to the registered owner of such Bond in temporary form. Section 11. Registration of Bonds in Registration Books Maintained by Paying Agent. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name any Bond shall be registered on such registration book shall be deemed to be the absolute owner thereof for all purposes, whether or not paymem on any Bond shall be overdue, and neither the City nor the Paying Agem shall be affected by any notice or other information to the contrary. Section 12. Transfer and Exchange of Bonds, The Bonds may be transferred or exchanged at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof entitled "Definitions," for a like aggregate principal amount of Bonds of other authorized denominations of the same type, maturity and interest rare, upon payment by the transferee of a transfer fee, any tax or govermnental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Upon surrender for transfer of any Bond, duly endorsed for transfer or accompanied by an assignment duly executed by the OWner or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Bond. Notwithstanding any other provision hereof, the Paying Agent shall not be required to transfer any Bond (a)which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the redemption date or (b) between the Record Date for any Interest Payment Date for such Bond and such Interest Payment Date. Section 13. Replacement of Lost, Destroyed or Stolen Bonds. If any Bond shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of the lost, destroyed, stolen or taken Bond and the City shall execute and the Paying Agent shall authenticate and deliver a replacement Bond upon the Owner furnishing, to the satisfaction of the Paying Agent: (i) proof of ownership (which shall be shown by the registration books of the Paying Agent), (ii) proof of loss, destruction or theft, (iii) an indemnity to the City and the Paying Agent with respect to the Bond lost, destroyed or taken, and (iv) payment of the cost of preparing and executing the new Bond. Section 14. Call and Payment of Refunded Bonds. (a) Series 1992A Refitnded Bonds. The City Council has elected and does hereby declare its intent ro exercise on behalf of and in the name of the City its option to redeem all of the Series 1992A Refunded Bonds on the ~_eries 1992A Redemption Date. The City hereby authorizes and irrevocably instructs the Series 1992A Refunded Bonds Paying Agent to give or cause ro be g~ven a notice of refunding, defeasance and redemption of the Series 1992A Refunded Bonds. Following the payment and redemption of the Series 1992A Refunded Bonds on the Series. 1992A_Redemption Date, the balance of any moneys m the Series 1992A Refunded Bonds Bond Account shall be transferred to the Bond Account and used for the payment of a portion of the interest due on the Bonds on the immediately following Interest Payment Date. (b) Series 1993.4 Refunded Bonds. The City Council has elected and does hereby declare its intent to exercise on behalf of and. in the name of the City its option to redeem ail of the Series 1993A Refunded Bonds on the Series 1993A_Redemption Date. The City hereby authorizes and irrevocably instructs the Series 1993A Refunded Bonds Paying Agent to give or cause to be given a notice of refunding, defeasance and redemption of the Series 1993A Refunded Bonds. Following the payment and redemption of the Series 1993A Refunded Bonds on the Series 1993A Redemption Date, the balance of any moneys in the Series 1993A Refunded Bonds Bond Account shall be transferred to the Bond Account and used for the payment of a portion of thc interest due on the Bonds on the immediately following Interest Payment Date. (c) Series 1993B Refunded Bonds. The City Council has elected and does hereby declare its intent to exercise on behalf of and in the name of the City its option to redeem all of the Series 1993B Refunded Bonds on the Series 1993B Redemption Date. The City hereby authorizes and irrevocably instructs the Series 1993B Refunded Bonds Paying Agent to gtve or cause to be given a notice of refunding, defeasance and redemption of the Series 1993B Refunded Bonds. Following the payment and redemption of the Series 1993B Refunded Bonds on the Series 1993B Redemption Date, the balance of any moneys in the Series 1993B Refunded Bonds Bond Account shall be transferred to the Bond Account and used for the payment of a portion of the interest due on the Bonds on the immediately following Interest Payment Date. Section 15. Investments. Moneys on deposit in the Bond Account and the Rebate Account and any moneys held by the Paying Agent with respect to the Bonds shall be invested in Permitted Investments. provided that the investment of such moneys shall be subject to any applicable restrictions set forth in the Tax Letter of Instructions and the tax compliance certificate delivered by the City in cormection with the issuance of the Bonds that describes the City's expectations regarding the use and investment of proceeds of the Bonds and other moneys. Except as otherwise provided above, earnings from the investment of moneys separately accounted for to pay principal of, premium, if any, and interest on the Bonds and moneys separately accounted for to pay costs of the Refunding Project shall be transferred to the Rebate Account in the amounts and at the times required to fund the Rebate Account in accordance with the Tax Letter of Instructions and all other eammgs from the investment of moneys shall be retained in the account in which earned. Section 16. Various Findings, Determinations, Declarations and Covenants. The City Council, having been fully informed of and having considered all the pertinent facts and circumstances, hereby finds, determines, declares and covenants with the Owners of the Bonds that: Iai the net effective interest rate on the Bonds as sold to the Original Purchaser pursuant to the Bond Purchase Agreement is a lower interest rate than the net effective interest rare on (i) the Series 1992A Refunded Bonds, (ii) the Series 1993A Refunded Bonds and (iii) the Series 1993B Refunded Bonds, therefore, the Bonds are issued to refinance City bonded debt at a lower interest rate for the purposes of Article X, Section 20 of the Colorado Constitution; (b) the refunding of the Refunded Bonds with proceeds of the Bonds will, in accordance with Section 11-56-104(1), Colorado Revised Statutes, as amended, accomplish one or more of the following purposes: (i) avoiding or terminating any default in the payment of interest On or principal of, or both interest on and principal of, the Refunded Bonds; (ii) reducing the net effective interest rate on the City's bonds (based on a comparison of the net effective interest rate on each of the Series 1992A Refunded Bonds, the Series 1993A Refunded Bonds and the Series 1993B Refunded Bonds to the net effective interest rate on the Bonds); (iii) reducing total interest payable over the life of the City's bonds, by issuing bonds of a shorter term, or at a lower net interest cost, or having a lower net effective interest rate than each series of the Refunded Bonds; (iv) reducing the' total principal and interest payable on each series of the Refunded Bonds or the principal and interest payable thereon in any particular year or years, or effecting other economies; (v) modifying or eliminating restaSctive contractual limitations appertaining to each series of the Refunded Bonds, to the ~ncurdng of additional indebtedness or obligations, or to any system, facility, or improvement appertaining thereto; (vi) postponing the maturity of all or any parr or portion of each series of the Refunded Bonds to a later date, subject to the limitations in Section 11-56- 107, Colorado Revised Statutes, as amended: or (vii) substituting an issue of bonds for a note or notes, or other obligations, including but not limited to any obligation issued in anticipation of the later issuance of bonds; (c) as required by Section 11-56-107(1), Colorado Revised Statutes, as mnended, the aggregate pnnc~pal amount of the Bonds does not exceed the original authorized aggregate principal amoum of (i) the Series 1992A Bonds (as authorized by the eligible electors voting at the City's special election held on August 11, 1992), (ii) the City's General Obligation Housing Bonds, Sei-ies 1989A (as authorized by the eligible electors voting at the City's general election held on May 2, 1989), which bonds were refunded by the issuance of the Series 1993A Bonds, and (iii) the City's General Obligation Housing Bonds, Series 1990A (as authorized by the eligible electors voting at the City's special election held on February 13, 1990), which bonds were refunded by the issuance of the Series 1993B Bonds; (d) the funds to be placed in the Series 1992A Refunded Bonds Bond Account are in an amount which shall be sufficient to pay the Series 1992A Refunded Bonds Requirements in accordance with the provisions hereof; (e) the funds to be placed in the Series 1993AL Refunded Bonds Bond Account are in an mount which shall be sufficient to pay the Series 1993A Refunded Bonds Requirements in accordance with the provisions hereof; (f) the funds to be placed in the Series 1993B Refunded Bonds Bond Account are in an amount which shall be sufficient to pay the Series 1993B Refunded Bonds Requirements in accordance with the provisions hereof; (g) the Series 1992A Refunded Bonds are subject to redemption prior to maturity, at the option of the City, on December 1, 2002 and on any date thereafter, at a redemption puce equal to 101.5% of the principal amount thereof plus accrued interest to the date of redemption; (h) the Series 1993A Refunded Bonds are subject to redemption prior to maturity, at the option of the City, on December 1, 2003 and on any date thereafter, at a redemption price equal to 101% of the principal amount thereof plus accrued interest to the date of redemption; (i) the Series 1993B Refunded Bonds are subject to redemption prior to maturity, at the option of the City, on April 15, 2003 and on any date thereafter, at a redemption price equal to 101% of the principal amount thereof plus accrued interest to the date of redemption; (j) the net proceeds of the Bonds will be deposited, respectively, into the Series 1992A Refunded Bonds Bond Account, the Series 1993A Refunded Bonds Bond Account and the Series 1993B Refunded Bonds Bond Account, each of which is, m accordance with Section 11-56-108(2), Colorado Revised Statutes, as amended, an escrow or trust that will be used only to pay (i) the principal of, interest on and redemption price of the Series 1992A Refunded Bonds on the Series 1992A Redemption Date. (ii) the principal of, interest on and redemption price of the Series 1993A Refunded Bonds on the Series 1993A Redemption Date, and (iii)the principal of, interest on and redemption price of the Series 1993B Refunded Bonds on the Series 1993B Redemption Date; (k) the Series 1992A Refunded Bonds Paying Agent is hereby directed to deposit in trust, from proceeds of the Bonds. the gross amount necessary for the payment and cancellation of the Series 1992A Refunded Bonds on the R · , ........................... Series 1992A Redemntion Date in accordance with the provisions of the Series 1992A Refunded Bonds Ordinance in the section thereof entitled "Defeasance." (B fro/the Series 1993~A Refunded Bonds Paying Agent is hereby directed to deposit in trust, from proceeds of the Bonds, the gross amount necessary for the R ......................A Refund d Bonds payment and cancellation of the Series 1993B ~c..~^,~ r>^.,~ .~ ,~,~ e 02-1S_4338.4 1 8 on the _Series 1993A Redemvtion Date in accord_ajnce with the vrovisions of the eS~m 199_3A Refunded Bonds Ordinance in the secti2n thereof entitled "Defeasance." '(In~ addition, the City will transfer legally available moneys o_f the Ci_tv in an amoum equal to the vrincip~t! and interest due_on the 2003 Maturity on December 1, 2003, which _fimd$ shall be denosited with the Series 1993A Paying A.~t conc .urr~ ently with the issuance and d_eliverv_ of the Bonds._) f~) t_he Series 1993B Refunded Bonds Pa. 'n,Z~g~A ent is hereby direct_ed t9 devosit in trust, from_proceeds of the Bonds, the gross _amount n_ecessa~ for the pay!n_ en! andz cancellation of the _Series 1993B Refurtded Bonds on the Series 1993B Redemption Date in accordance with the provisions of the Series 1993B Refunded Bonds Ordinance in the section thereof entitled "Defeasance." (n) as required by Section 11-56-104.5, Colorado Revised Statutes, as amended: (i) the Original Purchaser, simultaneously with the submission to the City of its proposal to refund the Refunded Bonds, disclosed, in writing, ro the City Council, the entire income, from all sources, which it anticipated receiving if its proposal were to be accepted, specifying all such sources and amounts, as well as disclosing all expenses which it anticipated the City would incur as a part of the refunding transaction; Iii) the City Council will require, as a condition to the issuance of the Bonds, that the Original Purchaser provide to the City Council (A) an update of the information described in clause (i) above and (B) a comparison of annual debt service requirements before and after the reftmding, by year and amount, including funds which are required in addition to bond proceeds, showing the present value of all annual differences in debt service requirements, usmg as a discount factor the net effective interest rate of the Bonds, all computed from the date on which the transaction is closed, including funds provided by the City as a reduction of, or an addition to, debt service requirements and showing funds provided by the City in excess of accrued pnncipal and interest, and earnings on the funds, over the life of, and compounded at the net effective interest rate of, the Bonds; (o) the issuance of the Bonds will not cause the City to exceed its debt limit under the Charter or applicable State law; (p) the City has entered into a DTC Letter of Representations whicl7 will govern the book-entry registration system for the Bonds; (q) it is in the besl interest of the City and its residents that the Bonds be authorized, sold, issued and delivered at the time. in the manner and for the purposes provided in this Ordinance; (r) the City elects to apply the prowsions of the~,w,c,-~*'~ .;~^~1 ~*,,*,~.~ t. ...... 1 ' r~ ; ~* *~ ........... a .......... ! ! 24~,Part 2 of Article 57 of Title 1i~ Colorado Revised Statutes, as amended; and (s) the issuance of the Bonds and all procedures undertaken incident thereto are in full compliance and conformity with all applicable requirements, provismns and limitations prescribed by the Constitution and laws of the State and the City, including 02-1 s422~ 19 the Charter, and all conditions and limitations of the Charter and other applicable law relating to the issuance of the Bonds have been satisfied. Section 17. Federal Income Tax Covenants. For proposes of ensuring that the interest on the Bonds is and remains excluded from gross income for federal income tax purposes, the City hereby covenants that: (a) Prohibited Actions. The City will not use or permit the use of any proceeds of the Bonds or any other funds of the City from whatever source derived, directly or indirectly, to acquire any securities or obligations and shall not take or permit to be taken any other action or actions, which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code, or would otherwise cause the interest on any Bond to be includible in gross income for federal income tax purposes. (b) Affirmative Actions. The City will at all times do and perform all acts permitted by law that are necessary in order to assure that interest paid by the City on the Bonds shall not be includible in gross income for federal income tax purposes under the Code or any other valid provision of law. In particular, but without limitation, the City represents, warrants and covenants to comply with the following rules unless it receives an opinion of Bond Counsel stating that such compliance is not necessary: (i) gross proceeds of the Bonds will not be used in a manner that will cause the Bonds to be considered "private activity bonds" within the meaning of the Code: (ii) the projects which were financed with the proceeds of (A) the Series [992A Bonds, (B) the City's General Obligation Housing Bonds, Series 1989A Iwhich bonds were refunded by the issuance of the Series 1993A Bonds), and (C) the City's General Obligation Housing Bonds, Series 1990A (which bonds were refunded by the issuance of the Series 1993B Bonds) will not be used in a manner that will cause the Bonds to be considered "private activity bonds" within the meaning of the Code; (iii) the Bonds are not and will no~ become directly or indirectly "federally guaranteed"; and (iv) the City will timely file an Internal Revenue Service Form 8038-G with respect to the Bonds, which shall contain the information required to be filed pursuant to Section 149(e) of the Code. (c) lax Letter of Instructions ri'he City will comply with the Tax Letter of Instructions delivered to it on the date of issuance of the Bonds, including but not limited by the provisions of the Tax Letter of Instructions regarding the application and investment of Bond proceeds, the deposits to the Rebate Account, the disbursements, the investments and the retention of records described in the Tax Letter of Instructions; provided that. in the event the Tax Letter of Instructions are superseded or amended by new Tax Letter of Instructions drafted by, and accompanied by an opinion of, Bond Counsel stating that the use of the new Tax Letter of Instructions will not cause the interest on the Bonds to become includible in gross income for federal income tax purposes, the City will thereafter comply with the new Tax Letter of Instructions. (d) Designation of Bonds as Qualified Tax-Exempt Obligations. The City hereby designates the Bonds as qualified tax-exempt obligations within the meaning of Section 265(b)(3) of the Code. The City covenants that the aggregate face amount of all tax-exempt obligations issued by the City, together with governmental entities which 20 derive their issuing authority from the City or are subJeCt to substantial control by the City, shall not be more than $t0,000,000 during calendar year 2003. The City recognizes that such tax-exempt obligations include notes, leases, loans and warrants, as well as bonds. The City further recognizes that any bank, thr/ft institution or other financial institution that owns the Bonds will rely on the City's designation of the Bonds as qualified tax-exempt obligations for the purpose of avoiding the loss of 100% of any otherwise available interest deduction attributable to such institution's tax-exempt holdings. (e) Rebate Account. There is hereby created the "City of Aspen, Colorado, General Obligation Refunding Bonds Series 2003 Rebate Account" (the "Rebate Account"). The Rebate Account shall be funded pursuant to the Section hereof entitled "Investments" in the amounts and at the times provided in the Tax Letter of Instructions from earnings from the investment of moneys on deposit in the Bond Account and moneys separately accounted for to pay costs of the Refunding Project, from earnings on moneys on deposit in the Rebate Account and other legally available moneys. Section 18. Defeasance. Any Bond shall not be deemed to be Outstanding hereunder if it shall have been paid and cancelled or if Defeasance Securities shall have been deposited in trust for the payment thereof (whether upon or prior to the maturity of such Bond, but if such Bond is to be paid prior to maturity, the City shall have given the Paying Agent irrevocable directions to give notice of redemption as required by this Ordinance, or such notice shall have been g~ven in accordance with this Ordinance). In computing the amount of the deposit described above, the City may include the maturing principal of and interest to be earned on the Defeasance SectMties. If less than all the Bonds are to be defeased pursuant to this Section, the City, in its sole discretion, may select which of the Bonds shall be defeased. Section 19. Events of Default. Each of the following events constitutes an Event of Default: (a) Nonpayment of Principal or Interest. Failure to make any payment of principal of or interest on the Bonds when due; (b) Breach or Nonperformance of Duties.. Breach by the City of any material covenant set forth herein or failure by the City to perform any material duty imposed on it hereunder and continuation of such breach or failure for a period of 60 days after receipt by the Mayor of written notice thereof from the Paying Agent or from the Owners of at least 10% of the aggregate amount of the Bond Obligation, provided that such 60 day period shall be extended so long as the City has commenced and continues a good faith effort to remedy such breach or failure; (c) Bankruptcy or Receivership. An order of decree by a court of competent jurisdiction declaring the City bankrupt under federal bankruptcy law or appointing a receiver of all or any material portion of the City's assets or revenues is entered with the consent or acquiescence of the City or is entered without the consent or acquiescence of the City but is not vacated, discharged or stayed within 30 days after it is entered. 21 Section 20. Remedies for Events of Default. (a) Remedies. Upon the occurrence and continuance of any Event of Default, the Owners of not less than 25% of the aggregate amount of the Bond Obligation, including, without limitation, a trustee or trustees therefor, may proceed against the City to protect and to enforce the rights of the any Owners under this Ordinance by-~Z mandamus, injunction or by other suit, action or special proceedings m equity or at law, ha any court of competent jurisdiction: 0) for the payment of interest on any installment of principal of any Bond that was not paid when due at the interesl rate borne by such Bond, (ii) for the specific performance of any covenant contained herein, (iii) to enjoin any act that may be unlawful or in violation of any right of any Owner of any Bond, (iv) for any other proper legal or equitable remedy or (v) any combination of such remedies or as otherwise may be authorized by applicable law; provided, however, that acceleration of any amount not yet due on the Bonds according to their terms shall not be an available remedy. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners o£Bonds then Outstanding. (b) Failure to Pursue Remedies Not a Release; Rights Cumulative. The failure of any Owner of any Outstanding Bond to proceed in accordance with subsection (a) of this Section shall not relieve the City of any liability for failure to perform or carry out its duties under this Ordinance Each right or privilege of any such Owner (or trustee thereforl is in addition and is cumulative to any other right or privilege, and the exercise of any fight or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right Or privilege of such Owner. Section 21. Amendment of Ordinance. (a) Amendments Permitted without Notice to or Consent of Owners. The City may, without the consent of or notice to the Owners of the Bonds, adopt one or more ordinances amending or supplementing this Ordinance (which ordinances shall thereafter become a part hereof) for any one or more or all of the following purposes: (i) to cure any ambiguity or to cure, correct or supplement any defect or inconsistent provision of this Ordinance; (ii)' to subject to this Ordinance or pledge to the payment of the Bonds additional revenues, properties or collateral; (iii) to institute or terminate a book-entry registration system for the Bonds or to facilitate the designation of a substitute securities depository with respect to such a system; (iv) to maintain the then existing or to secure a higher rating of the Bonds by any nationally recognized securities rating agency; or (v) to make any other change that does not materially adversely affect the Owners of the Bonds. 22 (b) Amendments Requiring Notice to and Consent of Owners. Except for amendments permitted by subsection (a) of this Section, this Ordinance may onty be amended (i) by an ordinance of the City amending or supplementing this Ordinance (which, after the consents required therefor, shall become a part hereof) and (ii) with the written consent of the Owners of at least 66 2/3% of the aggregate amount of the Bond Obligation; provided that any amendment that haakes any of the following changes with respect to any Bond shall not be effective without the written consent of the Owner of such Bond: (A) a change in the matur/tyof such Bond; (B) a reduction of the interest rate on such Bond; (C) a change in the terms of redemption of such Bond; (D) a delay in the payment of principal of, premium, if any, or interest on such Bond; (E) a reduction of the Bond Obligation the consent of the Owners of which is required for an amendment to this Ordinance; or (F) the establishment of a priority or preference for the payment of any amount due with respect to any other Bond over such Bond. (c) Procedure for Notifying and Obtaining Consent of Owners. Whenever the consent of an Owner or Owners of Bonds is reqnir~d under subsectio~ (b) of this Section, the City shall mail a notice to such Owner or Owners at their addresses as se~ forth in the registration books maintained by the Paying Agent and to the Original Purchaser, which notice shall briefly descr/be the proposed amendment and state that a copy of the amendment is on file in the office of the City for inspection. Any consent of any Owner of any Bond obtained with respect to an amendment shall be in writing and shall be final and not subject to withdrawal, rescission or modification for a period of 60 days after it is :lelivered to the City unless another time period is stated for such purpose in the notice mailed pursuant to this subsection. Section 22. Appointment and Duties of Paying Agent The Paying Agent identified in the Section hereof entitled "Definitions" is hereby appointed as paying agent, registrar and authenticating agent for the Bonds unless and until the City removes it as such and appoints a successor Paying Agent, in which event such successor shall automatically succeed to the duties of the Paying Agent hereunder and its predecessor shall immediately mm over all its records regarding the Bonds to such successor. The Paying Agent, by accepting its duties as such, agrees to perform all duties and to take all actions assigned to it hereunder in accordance with the terms hereof. Section 23. Approval of Related Documents. The City Council hereby ratifies and approves the distribution and use of the Preliminary Official Statement relating to the Bonds in connection with the offering of the Bonds; authorizes and directs the City staff to prepare a final Official Statement for use in connection with the sale of the Bonds in substantially the form thereof presented to the City Council at or prior to the meeting m which this Ordinance is adopted, with such changes therein, if any, not inconsistent herewith, as are approved by the City Attorney of the City; and authorizes and approves the Bond Purchase Agreement in substantially the form presented to the City Council at or prior to the meeting at which this Ordinance is adopted, with such changes therein, not inconsistent herewith, as are approved by the City Attorney of the City. The Mayor or Mayor Pro Tern is hereby authorized and directed to execute the final Official Statement and the Bond Purchage Agreement. The Mayor or Mayor Pro Tern, the City Clerk and all other officers of the City ar~ hereby authorized and directed to execute the Continmng Disclosure Undertaking; the Paying Agent Agreement; a "Tax Compliance 02-154338.4 23 Certificate" or similar certificate describing the City's expectations regarding the use and investment of proceeds of the Bonds and other moneys; an Internal Revenue Service Form 8038- G with respect to the Bonds; and ail other documents and certificates necessary or desirable to effectuate the issuance of the Bonds, the use and investment of proceeds of the Bonds and the other transactions contemplated hereby. Section 24. Events Occurring on Days That Are Not Business Days. Except as otherwise specifically provided herein with respect to a particular paymem, event or action, if any payment to be made hereunder or any event or action ro occur hereunder which, but for this Section, is to be made or is to occur on a day that is not a Business Day, such payment, event or action shall instead be made or occur on the next succeeding day that is a Business Day with the same effect as if it was made or occurred on the date on which it was originally scheduled to be made or occur. Section 25. Ordinance Is Contract with Owners of Bonds and Irrepealable, After the Bonds have been issued, this Ordinance shall be and remain a contract between the City and the Owners of the Bonds and shall be and remain irrepealable until ali amounts due with respect to the Bonds shall be fully paid, satisfied and discharged and all other obligations of the City with respect to the Bonds shall have been satisfied in the manner provided herein. Section 26. Limitation of Actions. In accordance with Section 11-57-212, Colorado Revised Statutes. no legal or equitable action can be brought with respect to any legislative acts or proceedings in connection with the authorization or issuance of the Bonds more than 30 days after the issuance of authorization of such securities, whichever occurs later. Section 27. IZleadings~ Table of Contents and Cover Page. The headings to the various sections and subsections to this Ordinance, and the cover page and table of contents that appear at front of this Ordinance. have been inserted solely for the convenience of the reader, are not a part of this Ordinance and shall not be used in any manner to interpret this Ordinance. Section 28. Severability. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in parr, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or administrative body to be valid or enforceable only if its application is limited, its application shall be limited as required to most fully implement its purpose. Section 29. Repeal of Inconsistent Ordinances. All ordinances, or parrs thereof, that are in conflict with this Ordinance, are hereby repealed. Section30. Ratification of Prior Actions. All actions heretofore taken mot inconsistent with the provisions of this Ordinance or the Charter) by the City Council or by the officers and employees of the City directed toward the issuance of the Bonds for the purposes herein set forth are hereby ratified, approved and confirmed. ~2-154338~ 24 INTRODUCED, READ, APPROVED ON FIRST READING AND ORDERED PUBLISHED at a regular meeting of the City Council of the City of Aspen, Colorado, on ;~ 2003, as provided by law~ by the City Council. [SEAL] By,, Mayor Attest: By. City Clerk Published In: Date of Publication: FINALLY ADOPTED AND APPROVED ON SECOND READING AND ORDERED PUBLISHED at a regular meeting of the City Council of the City of Aspen, Colorado, on ,2003, as provided by law, by the City Council. [SEAL] By Mayor Attest: By City Clerk Published In: Date of Publication: [Siguature page to Bond Ordinance] 25 APPENDIX A FORM OF BOND UNITED STATES OF AMERICA STATE OF COLORADO No. R- $ CITY OF ASPEN, COLORADO GENERAL OBLIGATION REFUNDING BOND SERIES 2003 iNTEREST RATE: MATURITY DATE: ORIGiNAL DATED CUSIP: DATE: % December 1, .4Q_ctober 1. 2003 REGISTERED OWNER: **CEDE & CO.** Tax Identification Number: 13-2555119 PRiNCIPAL SUM: ** DOLLARS** The City of Aspen, Colorado {the "City"), a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado (the "State") and the home role charter of the City (the "Charter") and political subdivision of the State, for value received, hbreby promises to pay to the order of the registered owner named above, or registered assigns, the principal sum stated above on the maturity date stated above, with interest on such principal sum from the original dated date stated above at the interest rate per annum stated above (calculated based on a 360- day year of twelve 30-day months), payable on June 1 and December 1 of each year, commencing June 1, 2004 The principal of and premium, if any, on this Bond are payable to the registered owner hereof upon presentation and surrender of this Bond at the principal office of ~.$. Bank National Association.. as Paying Agent (the "Paying Agent"), · in Denver, Colorado. Interest on this Bond is payable by check or draft of the Paying Agent mailed on the Interest Payment Date to the registered owner hereof as of the fifteenth day of the month (whether or not such day is a Business Day, as defined in the below-mentioned Ordinance) preceding the month in which such Interest Payment Date occurs; provided that, interest payable to the registered owner of this Bond may be paid by any other means agreed to by Such registered owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required under the Ordinance or increase the costs borne by the City under the Ordinance: provided further, that, so long as Cede & Co. is the registered owner of this Bond, the principal of, premium, if any, and interest on this Bond shall be paid by wire transfer to Cede & Co, as nominee of The Depository Trust Company ("DTC"). Any pa,vrnent of principal of or interest on this Bond that is due on a day that is not a Business Day (as defined in the below-mentioned. Ordinance) shall be rnade~ on the next succeeding day that is a Business Day with the same effect as if made on the day on which it was originally scheduled to be made. All payments of principal of, premium, if any, and interest on this Bond shall be made in lawful money of the United States of America. This Bond is parr of an issue of general obligation bonds of the City designated City of Aspen, Colorado, General Obligation Refunding Bonds, Series 2003, issued in the principal amount of $[7,865,000] (the "Bonds"). The Bonds have been issued pursuant to, under the authority of, and in full conformity with, the State Constitution and the Charter, and the laws of the State, including, in particular, Eecticn I l 57 212,Part 2 of Article 57 of Title 1 ! ~ Colorado Revised Statutes, as amended, and Article 56 of Title 11, Colorado Revised Statutes. as amended, and pursuant to an ordinance (the "Ordinance") adopted by the City Council of the City. Capitalized terms used but not defined in this Bond have the meaning assigned to them in the Ordinance. THE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED OWNER OF THIS BOND AND THE CITY. THIS BOND IS ONLY EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS BOND. The Bonds have been issued by the City for the purpose of providing funds for the Refunding Project described in the Ordinance. The Bonds are general obligations of the City and the full faith and credit of the City are pledged for the punctual payment of the principal of and interest on the Bonds. For the purpose of paying the principal of, premium, if any, and interest on the Bonds when due, respectively, the City Council shall, before such time provided for by law for levying other City taxes, annually determine a rate of levy for general ad valorem taxes, without limitation as to rate or amount, on all of the taxable property within the City, that will be sufficient, when combined with the amount of the Available Fund Revenues projected to be transferred to the Bond Account~ if any, and other moneys deposited to the Bond Account pursuant to the Ordinance,_ if an~z to pay the principal of, premium, if any, and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. The Bonds matunng on and before December 1, _24311.20_~ are not subject to redemption prior to their respective maturity dates. The Bonds maturing on and after December 1,201&~ are subject to redemption prior to maturity at the option of the City, in whole or in part in integral multiples of $5,000, and if in parr in such order of maturities as the City shall determine and by lot within a maturity, on December 1,2011,20, and on any date thereafter, at a redemption price equal to the principal amount of the Bonds to be redeemed (with no redemption premium), plus accrued interest to the redemption date. [The Bonds maturing on December 1, are subject to mandatory sinking fund redemption by lot on Deccnnber 1 of the years and in the pnnc~pal amounts specified below, at a redemption price equal to the principal amount thereof Iwith no redemption premium), plus accrued interest to the redemption date: A-2 Mandatory Sinking Fund Redemption Schedule For Bonds Maturing December 1, Years Principal Amount At its option, to be exercised on or before the forty-fifth day next preceding each sinking fund redemption date. the City may (i) purchase and cancel any Bonds with the same maturity date as the Bonds subject to such sinking fund redemption and (ii) receive a credit in respect of its sinking fund redemption obligation for any Bonds with the same maturity date as the Bonds subject to such sinking fund redemption which prior to such date have been redeemed (otherwise than through the operation of the sinking fund) and cancelled and not theretofore applied as a credit against any sinking fund redemption obligation. Each Bond so purchased and cancelled or previously redeemed shall be credited at the principal amount thereof to the obligation of the City on such sinking fund redemption date. and the principal amount of Bonds to be redeemed by operation of such sinking fund on such date shall be accordingly reduced.] Notice of any redemption of Bonds shall be given by the Paying Agent by sending a copy of such notice by first-class, postage prepaid mail, not less than 30 days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redempnon shall be in part) and the redemption date. If any Bond shall have been duly called for redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent m accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person m whose name this Bond shall be registered on such registration books shall be deemed to be the absolute owner hereof for ali purposes, whether or not payment on any Bond shall be overdue, and neither the City nor the Paying Agent shall be affected by any notice or other information to the contrary. This Bond may be transferred or exchanged at the principal operations office of the Paying Agent in Denver, Colorado for a like aggregate principal mount of Bonds of other authorized denominations ($5,000 or any ~ntegral multiple thereof) of the same of the same type, maturity and interest rate. upon payment by the transferee of a transfer fee, any tax or goverranental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds m connection therewith. Notwithstanding any other provision of the Ordinance, the Paying Agent shall not be required to transfer any Bond (a) which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the 02-1543~4 A-3 redemption date or (bl between the Record Date for any Interest Payment Date and such Interest Payment Date. The Ordinance may be amended or supplemented from time to time with or without the consent of the registered owners of the Bonds as provided in the Ordinance. It is hereby certified that all conditions, acts and things required by the State Constitution, the Charter, the Acts, and the ordinances and resolutions of the City, to exist, to happen and to be performed, precedent to and in the ~ssuance of this Bond, exist, have happened ~nd have been performed, and that neither this Bond nor the other Bonds exceed any limitations prescribed by the Constitution, the Charter, the Acts, or the ordinances or resolutions of the City. This Bond shall not be entitled to any benefit under the Ordinance, or become valid or obligatory for any purpose, until the Paying Agent shall have signed the certificate of authentication hereon. [remainder of this page intentionally left blank] ~2-~ ~432t4 A-4 IN WITNESS WHEREOF, the City has caused this Bond to be executed with the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of the City Clerk, and has caused the seal of the City to be impressed or imprinted hereon, all as of the elate set forth above. [SEAL] CITY OF ASPEN, COLORADO By Mayor Attest: By City Clerk o2-~ s~m A-5 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within-mentioned Ordinance. Dated: U.S. BANK NATIONAL ASSOCIATION, as Paying Agem By Authorized Signatory 02zLS- 4338.4 A-6 APPROVING LEGAL OPINION Set forth below is a true copy of the approving legal opinion of Kutak Rock LLP, delivered on the date on which the Bonds were originally issued: ,2003 $[7,865,0001 City of Aspen, Colorado General Obligation Refunding Bonds Series 2003 We have been engaged by City of Aspen. Colorado (the "City") to act as bond counsel for the issuance of its General Obligation Refunding Bonds, Series 2003 in the aggregate principal amount of $[ 7,865,0001 (the "Bonds"). The Bonds are being issued pursuant to the home role charter of the City Ithe "Charter"), the constitution and the laws of the State of Colorado (the "State"), including, ~n particular, Sect[Tn 1 ~, 57 2l_~:.part 2 of Article 57 of Title ~ Colorado Revised Statutes, as amended, Article 56 of Title 11, Colorado Revised Statutes, as amended, and pursuant to an ordinance (the "Bond Ordinance") duly and properly adopted by the City Council m accordance with the Charter. We have examined the constitution and the laws of the State; the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations, rulings and judicial decisions relevant to the opinions set forth in paragraph 3 below; the provisions of the Securities Act of 1933, as amended, and the regulations, rulings and judicial decisions relevant to the opinion set forth in paragraph 5 below; and such certified proceedings, certificates, documents, opinions and other papers as we deem necessary to render this opinion. As to questions of fact material to our opimon, we have relied upon the certified proceedings and other certifications of public officials £umished to us without undertaking to verify the same by independent investigation. We have assumed that the legal conclusions stated in the opinion of the City Attorney delivered in connection with the issuance of Bonds are correct. Based upon the £oregmng, we are of the opinion, under existing law and as of the date hereof, that: 1. The Bonds are valid and binding general obligations of the City. 2. All taxable property within the boundaries of the City is subject to ad valorem taxation without limitation as to rate or amount to pay the principal of and the imerest on the Bonds. The City has covenanted in the Bond Ordinance to include in its annual tax levy the principal of and interest coming due on the Bonds to the extent the necessary funds are not provided from other sources. 3. Under the laws. regulations, rulings and judicial decisions existing on the date hereof, interest on the Bonds is excluded fi.om gross income for federal income tax purposes and is not a specific item of tax preference for purposes of the federal alternative minimum tax. Because the City has properly designated the Bonds as "qualified tax exempt obligations" within the meamng of Section 265(b)(3) of the Code. in the case of certain banks, thrift institutions or A-7 other financial institutions owning the Bonds, a deduction is allowed for 80% of that portion of such institutions' interest expense allocable to interest on the Bonds. The opinions set forth in the preceding sentences assume the compliance by the City with certain requirements of the Code that must be met subsequent to the issuance of the Bonds. Failure to comply with such requirements could cause such interest to be includible in gross income for federal income tax purposes or could otherwise adversely affect such opinions, retroactive to the date of issuance of the Bonds. The City has covenanted in the Bond Ordinance and in the Tax Compliance Certificate executed and delivered in connection with the issuance of the Bonds to comply with such requirements. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. We note, however, that interest on the Bonds is taken into account ~n determining adjusted current earnings for purposes of the alternative minimum tax imposed on corporations (as defined for federal income tax purposes). 4. Under State statutes existing on the date hereof, interest on the Bonds is exempt from State taxation, except inheritance, estate and transfer taxes. We express no opinion regarding other tax consequences arising with respect to the Bonds under the laws of the State or any other state or jurisdiction. 5. The Bonds are exempt from registration under the Securities Act of 1933, as amended. The rights of the holders of the Bonds and the enforceability of the Bonds and the Ordinance may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' fights generally and by equitable principles, whether considered at law ar m equity, by the exemise by the State and its governmental bodies of the police power inherent in the sovereignty of the State and by the exercise by the United States of America of the powers delegated to it by the Constitution of the United States of America. We express no opinion herein as to any matter not specifically set forth above. In particular, but without limitation, we express no opinion herein as to the accuracy, adequacy or completeness of the Official Statement relating to the Bonds or as to the validity of any obligation of the City other than the Bonds. This opinion is given as of the date hereof and we assume no obligation to update, revise or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. This opimon may be relied upon solely by the addressees hereto m connection with the issuance of the Bonds. This opinion may not be mlied upon for any other purpose or by any person other than the addressees. Respectfully submitted, /s KUTAK ROCKLLP ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite name and address of Transferee) (Tax Identification or Social Security No.) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. TRANSFER FEE MAY BE REQUIRED 92 -2_5~338,4 A-9 PREPAYMENT PANEL The following installments of principal (or portion thereof) of this Bond have been prepaid in accordance with the terms of the Indenture, Date of Principal Signature of Authorized Prepayxnent Representative of the Depository A-10 Document comparison DeltaView on Frida, ~mber 19, 2003 13:15:35 t154338/4 ption 1 insertion Moved Moved to Style change Format change Inserted cell Deleted cell · Moved cell Split/Merged cell Padding cell Count Insertions 112 Deletions 68 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes I 180 City of Aspen General Obligation Refunding Bonds Refunding of Series 1992A - Redbrick $1,320,000 Aa3 / Tail End Savings SOURCES & USES SOURCES Par Amount 1,320,000.00 Principal and Interest Fund 265,440.00 Original Issue (Discount) / Premium 23;220.20 Accrued Interest 2,566~67 Total 1,611,226.87 USES Deposit to Escrow Account 1,578,394.67 Cost of Issuance 16,500.00 Underwr/ter's Discount $10.00 / $1000 13,200.00 Accrued interest 2,566.67 Rounding Amount 565.53 Total 1,611,226.87 ASSUMPTIONS Dated Date 10/1/2003 Deliver, Date 10/29/2003 First interest Date 6/1/2004 Last Matudty Date 12/1/2007 Series 1992 Call Date 12/1/2002 Series 1992 Call Premium 101.5% Final Escrow Date 10/22/2002 RESULTS Arbitrage Yield 1.796394% True interest Cost 2.193261% Net Interest Cost 2.214930% Average Life 2.66 Bond Years 4.09 Average Coupon 2.500000% SAVINGS Gross Savings 89,860.53 Net Present Value of Net Savings 87,116.38 Net Present Value of Net Savings as a Percentage of Refunded Debt 5,73'1% Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Refunding Bonds Refunding of Series 1992A - Redbrick $t ,320,000 Aa31 Tail End Savings REFUNDED DEBT SERVICE SCHEDULE- SERIES 1992 Annual Date Principal Coupon Interest Debt Service Debt Service 10/29/2003 12/1/2003 270,000 5.600% 45,440.00 315,440.00 315,440.00 611/2004 37,880.00 37,880.00 12/1/2004 285,000 5.800% 37,880.00 322,880.00 360,760.00 6/1/2005 29,615.00 29,615.00 12/1/2005 305,000 6.000% 29,615.00 334,615,00 364,230.00 611/2006 20,465.00 20,466.00 12/1/2006 320,000 6.150% 20,465.00 340,465.00 360,930.00 6/1/2007 10,625.00 10,625.00 12/1/2007 340,000 6.250% 10,625.00 350,625.00 361,250.00 1,520,000 242,610.00 1,762,610.00 1,762,610.00 Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Refunding Bonds Refunding of Series 1992A - Redbrick $4,320,000 Aa3 / Tell End Savings ESCROWED DEBT SERVICE Callable Premium Escrowed Arbitrage Yield SLGS Date Principal Interest Principal 101.5% Debt Service 1.796394% SLG Rates PV of Escrow 10/29/2003 t0/22/2003 35,594.67 1.520,000.00 22,800.00 1,5781394,67 1,575,887.54 0.000% 1,578,394,67 35,594.67 1,520,000.00 22,800.00 1,578,394.67 1,575,887.54 1,578,394.67 Negative Arbitrage (2,507.13) Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Refunding Bonds Refunding of Series 1992A - Redbrick $1,320,000 Aa3 / Tail End Savings REFUNDING DEBT SERVICE SCHEDULE , Premium/ Annual Date Principal Coupon Yield Price (Discount) Interest Debt Service Debt Service 10/29/2003 1221/2003 6/1/200~- 22,000.00 22,000.00 12/1/2004 320,000 2.500% 1.150% 101.456% 4,659.20 16,500.00 336,500.00 358,500.00 6/1/2005 12,500,00 12,500,00 12/1/2005 340,000 2.500% 1.400% 102.256% 7,670.40 12~500.00 352,500.00 365,000.00 6/1/2006 8,250.00 8,250.00 12/1/2006 345,000 2.500% 1.800% 102.093% 7,220.85 8,250.00 353,250.00 361,500.00 6/1/2007 3,937.50 3,937.50 12/1/2007 315~060 2.500% 2.200% 101.165% 3,669.75 3,937.50 318,g37.50 322,875.00 1,320,000 23,220.20 87,875.00 1,407,875.00 1,407,875.00 Accrued interest 2,566.67 85,308.33 Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Refunding Bonds Refunding of Series 1992A- Redbrick $t,320,000 Aa3 / Tail End Savings SAVINGS REPORT 1992 Refunding Annual Present Varue Date Debt Service Debt Service Savings Savings Savings 10/29/2003 12/1/2003 315,440.00 315,440.00 315~440.00 314,938.95 6/1/2004 37,580.00 22,000.00 15,830.00 16,713.64 12/1/2004 322,680.00 336,500.00 (13,620.00) 2,260.00 (13,357.34) 6/1/2005 29,615.00 12,500.00 17,115.00 16,635.52 12/1/2005 334,515.00 352,500.00 (17,885.00) (770.00} (17~229.19) 6/1/2006 20,465.00 8,250.00 12,215.00 11,662.35 12/1/2006 340,455.00 353,250.00 (12,785.00) (570.00) (12,097.90) 6/1/2007 10,625.00 3,937.50 6,587,50 6,271.76 12/t/2007 350,625.00 318,937.50 31,687.50 38,375.00 29,453.05 1,762,610.00 1,407,875.00 354,735.00 354,735.00 351,990.85 Adjustments at CIoslng 565.53 Issuer Bond Fund Contributed (265,4~40.00) Change in DSRF Net Savings 89,860.53 PV of Net Savings @ Arb Yield 87,116.38 Percent of Reiunded 5.731% 1st Period Savings 50,565.53 Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation HoUsing Refunding Bonds Refunding of Series 1993A - Truscott Housing $1,755,000 Aa3/Tail End Savings SOURCES & USES SOURCES Par Amount 1,755,000.00 Principal and interest Fund 350,141.25 Original Issue (Discount) / Premium 31,947.60 Accrued interest 3,536.94 Total 2,140,625.79 USES Deposit to Escrow Account Gross Funded 2.102,491.25 Cost of issuance 16,500~00 Underwriter's Discount $10.00 / $1000 17,550.00 Accrued Interest 3,536.94 Rounding Amount 547.60 Total 2,140,625.79 ASSUMPTIONS Dated Date 10/1/2003 Delivery Date 1012912003 First interest Date 6/1/2004 Last Matuitt~ Date 12/1/2000 Series 1993A Call Date 12/1/2003 Series 1993A Call Premium 101.0% Final Escrow Date 12/1/2003 RESULTS Arbitrage Yield 1,970207% True Interest Cost 2.301972% Net interest Cost 2.327436% Average Life 3.19 Sond Years 5.09 Average Coupon 2.584422% SAVINGS Gross Savings 13%410.38 Net Present Value of Net Savings 122.889.57 Net Present Value of Net Savings as a Percentage of Refur~ded Debt 6.054% prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Housing Refunding Bonds Refunding of Series 1993A- Truscott Housing $t ,755,000 Aa3 / Tail End Savings REFUNDED DEBT SERVICE SCHEDULE-SERIES 1993A Annual Date Principal Coupon Interest Debt Service Debt Service 10/29/2003 12/1/2003 295,000 5,260% 65,141.25 350,141.25 350,141.25 6/1/2004 47,397.50 47,397.50 12/1/2004 310,000 5.350% 47,397.50 357,397.50 404,795.00 6/1/2005 39,105,00 39,105.00 12/1/2006 330,000 5.450% 39,105.00 369,105.00 408,210.00 6/1/2006 30,112.50 30,1 i2.50 12/1/2005 345,000 5.500% 30,112.50 375,112.50 405,225.00 6/1/2007 20,625.00 20,625~00 12/1/2007 365,000 5.500% 20,625.00 385,625.00 406,250.00 6/1/2008 10,587.50 10,587.50 12/1/2008 385,000 5.500% 10,587.50 395,587.50 406,175.00 2,030,000 350,796.25 2,380,796.25 2,380,796.25 Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Housing Refunding Bonds Refunding of Series 1993A - Truscott Housing $'~,755,000 Aa3/Tail End Savings ESCROWEDDEBTSERVICE Callable Premium Escrowed Arbitrage Yield SLGS Date Principal interest Pr/ncipal 101% Debt Service 1.970207% SLG Rates PV of Escrow 10/29/2003 12/1/2003 295,000 55,141.25 1,735,000.00 17,350.00 2,102,491.25 2,078,356.42 0.000% 2,102,491.25 295,000 55,141.25 1,735,000.00 17,350,00 2,102,491.25 2,078,356.42 2,102,491.25 Negative Arbitrage (24,134.83) Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Housing Refunding Bonds Refunding of Series lg93A -Truscott Housing $t ,755,000 Aa3 / Tail End Savings REFUNDING DEBT SERVICE SCHEDULE Premium/ Annual Date Principal Coupon Yield Price (Discount) Interest Debt Service Debt Service 10/29/2003 12/1/2003 6/1/2004 26,779.72 26,779.72 12/1/2004 308,000 2.500% 1.150% 101.456% 4,440.80 22,737.50 327,737.50 354,517.22 6/1/2005 18,925.00 18,925.00 12/1/2005 370,000 2.500% 1.400% I02.256% 8,347.20 18,925~00 388,925.00 407,850.00 6/1/2006 14,300.00 14,300.00 12/I/2006 375,000 2.500% 1.800% 102.093% 7,848.75 14,300.00 389,300.00 403,600.00 6/1/2007 9,612.50 9,612.50 12/1/2007 385,000 2.500% 2.200% 101.165% 4,485.25 9,612.5D 394,612.50 404,225.00 6/1/2008 4,800.00 4,800.00 12/1/2008 320,000 3.000% 2.550% 102.133% 6,825.60 4,800.00 324,80000 329,600~00 1,755,000 31,947.60 144,792.22 1,899;792.22 1,899,792.22 Accrued Interest 3,536.94 141,255.28 Prepared by George K. Baum & Company 9/22/2003 City of Aspen General ObligatiOn Housing RefUnding BOnds Refunding of Series 1993A ' TrUSC°tt HouSing $t ,755,000 Aa3 / Tail End Savings SAVINGS REPORT ~ 993A Refunding Annual Present Value Date Debt Service Debt Service Savings Savings Savings 10/29/2003 12/1/2003 350,141.25 35O,141,25 359,141.25 349,531,58 6/1/2004 47,397.80 26,779.72 20,617.78 20,381.10 12/1/2004 367,397.60 327,737.60 29,660.00 50,277.78 29,033.52 6/1/2005 39,105,00 18,925.00 20,180.00 19,561.06 12/112005 369,108.00 388,925.00 (19,820.00) 360.00 (19,024.69) 6/1/2006 3O,112.5O 14,300.00 15,812,5O 15,029.94 12/1/2006 376,112.50 389,3O0.00 (14,187.50) 1,625.00 (13,353.81) 6/1/2007 20,625.5O 9,612.50 11,012.50 10,264.27 12/1/2007 386,625,00 394,612.60 (8,987.50) 2,026.00 (8,295,14) 6/1/2008 10,587.50 4,800.00 5,787.50 5,289.55 12/1/2008 395~587:50 324,800.00 70,787.50 76,575.00 64,065.85 2,380,796.25 f ,899,792.22 481,004,03 481,004,03 472,489.22 Adjustments at Closing 547.60 Issuer Bond Fund Contributed (350,141.25) Change in DSRF Net Savings 131,410.30 PV of Net Savings @ Arb Yield 122,889.57 Percent of Refunded 6.054% 1st Pedod Savings 547.60 Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligati°n Housing Refunding Bonds Refunding of Series 1993B - Marolt $4,860,000 Aa3 / Tail End Savings SOURCES & USES SOURCES Par Amount 4,860,000.00 Principal and Interest Fund Original Issue (Discount) / Premium 20,579.35 Accrued interest 13,026.32 Total 4,893,605.67 USES Deposit to Escrow Account 4,807,773.65 Cost of Issuance 23,000.00 Underwriter's Discount $10.00 / $1000 48,600.00 Accrued Interest 13,026.32 Rounding Amount 1,205.70 Total 4,893,605.67 ASSUMPTIONS Dated Date 10/1/2003 Delive~/Date 10/29/2003 First Interest Date 6/1/2004 Last Maturity Date 12/1/2018 Series 1993B Call Da~e 4/15/2003 Series 1993B CalI Premium 101.0% Final Escrow Date 10/22/2003 RESULTS Arbitrage Yield 3.634346% True Interest Cost 3.775655% Net Interest Cost 3.784047% Average Life 8.63 Bond Years 15.09 Average Coupon 3.717235% SAVINGS Gross Savings 991,471.46 Net Present Value of Net Savings 692,161.11 Net Present Value of Net Savings as a Percentage of Refunded Debt 14,556% Prepared by George K. Baum& Company 9/22/2003 City of Aspen General Obligation Housing Refunding Bonds Refunding of Series 1993B - Marolt $4,860,000 Ae3/Ta~l End Savings REFUNDED DEI~T SERVICE SCHEDULE- SERIES ~993B Date Principal Coupon Interest Debt Service Debt Service 10/29/2003 4/15/2004 175,000 5,350~ 134,322.50 309,322.50 309,322.50 10/15/2004 129,641.25 129,641.25 4/15/2005 185,000 5,450% 129,641.25 314,641.25 444,282,50 10/15/2005 124,600.00 124,600.00 4/15/2006 195,000 5.500=/ 124,600.00 319,600.00 444,200.00 4/15/2007 205,000 5.500~ 119,237.50 324,237.50 443,475.00 10/15/2007 113,600.00 113,600.00 4/15/2008 215,000 5.500' 113,600.00 328,600.00 442,200.00 10/15/2008 107,587.50 107,687.50 4/15/2009 230,000 5.625% 107,687.50 337,687.50 445,375.00 10/15/2009 101,218.75 101,218.75 4/15/2010 240,000 5.625% 101,218.75 341,218.75 442,437.50 10/15/2010 94,468.75 94,468.75 4/15/2011 255,000 5.625~ 94,468.75 349,468.75 443,g37.50 10/15/2011 87,296.88 87,296.88 4/15/2012 270,000 5.625~ 87,296.88 357,296.88 444,593.75 10/15/2012 79,703.13 79,703.13 4/15/2013 285,000 5.62." 79,703.13 364,703.13 444,406.25 10/15/2013 71,687.50 71,687.50 4/15/2014 300,000 5.625! 71,687.50 371,887,50 443,375.00 10/15/2014 63,250.00 63,250.00 4/15/2015 320,000 5.750% 63,250.00 383,250.00 446,500.00 10/15/2015 54,050.00 54,050.00 4/15/2016 335,000 5.7500/< 54,050.00 389,050.00 443,100.00 10/15/2016 44,418.75 44,418,75 4/15/2017 355,000 5~750°/< 44,418.75 399,418.75 443,837.50 10/15/2017 34,:~12.50 34,212.50 4/15/2018 375,000 5.750 34,212.50 409,212.50 443,425.00 10/15/2018 23,431,25 23,431.25 4/15/2019 395,000 5.750 23,431.25 418,431.25 441,862.50 10/15/2019 12,075.00 12,075.00 4/15/2020 420,000 5.750 12,075.00 432,075.00 444,150.00 4,755,000 2,655,480.00 7,410,480.00 7,410,480.00 Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Housing Refunding Bonds Refunding of Series 1993B - Marolt $4,860,000 Aa3/Tail End Savings ESCROWED DEBT SERVICE Callable Premium Escrowed Arbitrage Yield SLGS Date Principa~ Interest Principal 101% Debt Service 3.634346% SLG Rates PV of Escrow 10/29/2003 10/22/2003 5,223.65 4,755,000.00 47,550.00 4,807,773.65 4,807,773.65 0.000% 4,807,773.65 5,223.65 4,755,000.00 47,550.00 4,807,773.65 4,807,773.66 4,807,773.65 Negative Arbitrage Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Housing Refunding Bonds Refunding of Series 1993B - Marolt $4,860,000 Aa3 ! Ta~l End Savings REFUNDING DEBT SERVICE SCHEDULE Premium/ Annual Date Principal Coupon Yield Price (Discount) Interest Debt Servic~ Debt Service 10/29/2003 6/1/2004 111,654.17 111,654.17 12/1/2004 245,000 2.500% 1.150% 101.456% 3,567.20 83,740.63 328,740.63 440,394.79 6/I/2005 . 80,678.13 80,678.13 12/1/2005 280,000 2.500% 1.400% 102.256% 6,316.80 80,678.13 360,678.13 441,356.25 6/1/2006 77,178,13 77,178.13 12/1/2006 285,000 2.500% 1.800% 102,093% 5,965.05 77,178.13 362,178.13 4391386~25 6/1/2007 73,615,63 73,815.63 12/1/2007 290,000 2.500% 2.200% 101.165% 3,378.50 73,615.63 363,615.63 437,231.25 6/1/2008 69,990.68 69,990.63 12/1/2008 295,000 3.000% 2.550% 102.133% 6,292.35 89,990.63 364,990.63 434,981.25 6/1/2009 65,565.63 65,565.63 12/1/2009 310,000 3.250% 2.900% 101.939% 6,010.90 65,565.63 375,565.63 441,131,25 6/I/2010 60,528.13 60,528,13 12/1/2010 315,000 3.500% 3.300% 101.252% 3,943.80 60,528.13 375,528,13 486,056,25 6/1/2011 55,015.63 55,015.63 12/1/2011 325,000 3.625% 3.500% 100.871% 2,830.75 55,015.63 380,015,63 435,031.25 6/1/2012 49,125,00 49,125.00 12/1/2012 340,000 3,700% 3.720% 99,844% (530.40) 49,125.00 389,t25.00 438,250.00 6/I/2013 42,835.00 42,835.00 12/1/2013 350,000 3.800% 3,850% 99.582% (1,463.00) 42,835.00 392,835,00 435,670,00 6/1/2014 36,185.00 36,185.00 12/1/2014 360,000 3.850% 3.930% 99.283% (2,581.20) 36,185.00 396,185.00 432,370.00 6/1/2015 29,255,00 29,255.00 12/1/2015 380,000 3.900% 4,000% 99.046% (3,625.20) 29,255.00 409,255.00 438,510,00 6/1/2016 21,845.00 21,845.00 1 2/1/3016 390,000 4.000% 4.050% 99.492% (1,981.20) 21,845.00 411,845.00 433,690.00 6/1/2017 14,045.00 14,045.00 1 2/1/2017 405,000 4,000% 4.100% 98,934% (4,317.30) 14,045,00 419,045~00 433,090.00 6/1/2018 5,945,00 5,945.00 12/1/2018 290,000 4.100% 4.200% 98.887% (3,227.70) 5,945.00 295,945.00 301,890.00 6/1/2019 12/1/2019 4.150% 4.300% 98.267% 6/1/2020 12/1/2020 4.250% 4.400% 98.207% 4,860,000 20,579.35 1,589,008.54 6,419,008.54 6,419,008.54 Accrued Interest 13,026.32 ~ ,545,982.22 Prepared by George K. Baum & Company 9/22/2003 City of Aspen General Obligation Housing Refunding Bonds Refunding of Series 1993B - Marolt $4,86o,0oo Aa3 / Tail End Savings SAVINGS REPORT Calendar Year 1993B Refunding Annual Present Value Date Debt Service Debt Service Sevings Savings Savings 10/2912003 6/1/2004 309,322.50 111,654.17 197,668.33 195,006.06 12/1/2004 129,641.25 328,740.63 (199,099.38) ('~,431.04) (190,389.91) 6/1/2005 314,641.25 80,678.13 233,963.13 222,~t88.37 12/1/2005 124,600.00 360,678.13 (236,078.13) (2,115.00) (217,467.06) 6/1/2006 319,600.00 77,178.13 242,421.88 222,434~31 12/1/2006 119,237.50 362,178.13 (242,940.63} (518.75) (215,484.12) 611/2007 324,237.50 73,615.63 250,621.88 221,888.04 12/1/2007 113,600.00 363,615.63 (250,015.63) 606.25 (213,551.15) 6/1/2008 328,600.00 69,990.63 253,609.38 220,873.48 12/1/2008 107,687.50 364,990.63 (257,303.13) 1,306.25 (211,660.89) 6/1/2009 337,687.50 65,565.63 272,121.88 224,193.73 12/1/2009 101,218;75 375,565.63 (274,346.88) (2,225.00) (217,409,55) 6/1/2010 341,218.75 60,528.13 280,690.63 223,068.97 12/1/2010 94,468.75 375,528.13 (281,059.38) (368.75) (214,542.79) 6/1/2011 349,468.75 55,015.63 294,453.13 225,696.99 12/1/2011 87,296.88 380,015.63 (292,718.75) 1,734.38 (215,267.72) 6/1/2012 357,296.88 49,125.00 308,171.88 227~811.89 12/1/2012 79,703.13 389,125.00 (309,421.88) (1,250.00) (219,259.84) 6/1/2013 364,703.13 42,835.00 321,868.13 229,462.16 12/1/2013 71,687.50 392,835.00 (321,147150) 720.63 (219,275.81} 6/1/2014 371,687.50 36,185.00 335,502.50 230,651.58 12/1/2014 63,250.00 396,185.00 (332,935.00) 2,567.50 (219,058.43) 6/1/2015 383,250.00 29,255.00 353,995.00 234,668.95 12/1/2015 54,050.00 409,255.00 (355,205.00} (1,210.00) (225,282.58) 6/1/2016 389,050.00 21,845.00 367,205.00 234,722.41 1221/2016 44,418.75 411,845.00 (367,426.25) (221.25) (224,561.82) 6/1/2017 399,418.75 14,045.00 385,373.75 237,514.02 12/1/2017 34,212.50 419,045.00 (384,832.50) 541.25 (226,703.66) 6/1/2018 409,212.50 5,945.00 403,267.50 239,634.07 12/1/2018 23,431.25 295,945.00 (272,513.75) 130,753.75 (154,635.23) 6/1/2019 418,431.25 418,431.25 239,761.98 12/1/2019 12,075.00 12,075.00 430,506.25 6,795.51 6/1/2020 432,076.00 432,075.00 238,821.42 12/1/2020 432,075.00 7,410,480.00 6,419,008.54 991,471.46 991,471.46 690,955.42 Adjustments at Closing 1,205.70 Issuer Bond Fund Contributed Change in DSRF Net Savings 992,677.16 PV of Net Savings @ Arb Yield 692,161.11 Percent of Refunded 14.556% 1st Period Savings 1,205.70 Prepared by George K, Baum & Company 9~22/2003