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TC Ord. 18-17 Substitution of Leased Property/CollateralTOWN OF AVON, COLORADO ORDINANCE NO. 18-17 AUTHORIZING A FIRST AMENDMENT TO A PREVIOUSLY EXECUTED LEASE AGREEMENT, SITE AND IMPROVEMENT LEASE, AND PROVIDING OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to Chapter XIV of the Charter, the Town is authorized to enter into one or more leases or lease -purchase agreements for land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, the Town is authorized by Article XX, Section 6 of the Colorado Constitution, its Charter, and part 8 of Article 15 of title 31, Colorado Revised Statutes ("C.R.S."), to enter into rental or leasehold agreements in order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, the Town Council of the Town (the "Town Council") has previously leased certain real property of the Town and the improvements located thereon, generally known as Town Hall, located at One Lake Street in the Town (the "Leased Property") to UMB Bank, n.a., acting solely in its capacity as trustee under an Indenture of Trust (the "Trustee"), under that certain Site and Improvement Lease dated as of January 14, 2015 (the "Site Lease") and then leased the Leased Property back from the Trustee pursuant to a Lease Agreement dated as of January 14, 2015 (the "Lease"); and WHEREAS, pursuant to Section 10.4 of the Lease, so long as no Event of Lease Default or Event of Non -appropriation shall have occurred and is continuing, the Trustee shall release any portion of the Leased Property, and shall execute all documents necessary or appropriate to convey the same to the Town free of all restrictions and encumbrances imposed or created by the Site Lease, the Lease or the Indenture, upon receipt by the Trustee of (a) a written request of the Town Representative of such release and (b) a certificate of the Town Representative addressed to the Trustee certifying as to certain matters relating to the property to be released and the property to be substituted; and WHEREAS, the Town Council has determined that it is in the best interest of the Town and its inhabitants and taxpayers that the current Town Hall Facility should be released from the Lease and the Site Lease and substituted with the new Town Hall Facility located at 100 Mikaela Way in the Town; and WHEREAS, the Town Representative has presented the Trustee with the appropriate certificates and documents to effect such partial release and substitution; and Ord. 18-17 Approving 1st Amendment to Lease Agreement October 23, 2018 - FINAL Page 1 of 8 WHEREAS, pursuant to Section 9.03 of the Indenture, the Lease and the Site Lease may be amended without consent of or notice to the Owners of the Certificates (as defined in the Indenture), in order to more precisely identify the Leased Property, including any substitutions, additions or modifications to the Leased Property as the case may be, as authorized under the Site Lease and the Lease provided, however, that if BB&T Bank (the "Initial Purchaser") is the owner of 100% of the Certificates Outstanding, any amendment to the Lease or the Site Lease shall be require the prior written consent of the Initial Purchaser; and WHEREAS, the Town Council has determined and hereby determines it is in the best interests of the Town and its inhabitants that the Town execute and deliver a First Amendment to Lease Agreement (the "First Lease Amendment") and First Amendment to Site and Improvement Lease (the "First Site Lease Amendment") in order to more precisely identify the Leased Property after the release of the Town Hall facility and the substitution of the new Town Hall Facility; and WHEREAS, capitalized terms not otherwise defined herein will have the meanings assigned to them in the Lease or the Indenture; and WHEREAS, there is on file with the Town the proposed forms of the First Lease Amendment and the First Site Lease Amendment. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Town Council, the Town Representative, or the officers or agents of the Town Council or the Town relating to the First Lease Amendment and the First Site Lease Amendment, including the release of the Leased Property and substitution of such portion of the Leased Property with the new Town Hall Facility, is hereby ratified, approved and confirmed. Section 2. Finding of Best Interests. The Town Council hereby finds and determines, pursuant to the Constitution, the laws of the State of Colorado and the Charter, that the release of the Leased Property and the substitution related thereto is necessary, convenient and in furtherance of the Town's purposes and are in the best interests of the inhabitants of the Town, and the Town Council hereby authorizes and approves the same. Section 3. Approval of Documents. The First Lease Amendment and the First Site Lease Amendment, in substantially the forms presented to the Town Council and attached hereto as Exhibit A: First Amendment to Lease Purchase Agreement and Exhibit B: First Amendment to Site and Improvement Lease and on file with the Town, are in all respects approved, authorized and confirmed, and the Mayor of the Town is hereby authorized and directed for and on behalf of the Town to execute and deliver the First Amendment in substantially the forms and with substantially the same contents as presented to the Town Council. Ord. 18-17 Approving 111 Amendment to Lease Agreement October 23, 2018 - FINAL Page 2 of 8 Section 4. Authorization to Execute Collateral Documents. The Town Clerk or her designee is hereby authorized and directed to attest all signatures and acts of any official of the Town in connection with the matters authorized by this Ordinance and to place the seal of the Town on any document authorized and approved by this Ordinance. The Mayor and Town Clerk and other appropriate officials or employees of the Town are hereby authorized to execute and deliver for and on behalf of the Town any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this Ordinance, including but not limited to such documents, certificates and affidavits as may be necessary. The execution of any instrument by the aforementioned officers or members of the Town Council shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 5. Repealer. All ordinances, resolutions, bylaws, orders, and other instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaws, order, or other instrument, or part thereof, heretofore repealed. Section 6. Severability. If any section, subsection, paragraph, clause or other provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability thereof shall not affect any of the remaining sections, subsections, paragraphs, clauses or provisions hereof. Section 7. Statutes Superseded. Pursuant to Article XX of the Colorado Constitution and to the Charter, all statutes of the State which might otherwise apply in connection with the release of the portion of Leased Property are hereby superseded except to the extent specifically held to be applicable. Section 8. Ratification and Approval of Prior Actions. All actions heretofore taken by the officers of the Town and members of the Town Council, not inconsistent with the provisions of this Ordinance, relating to the First Lease Amendment and First Site Lease Amendment and the release of a portion of Leased Property, are hereby ratified, approved, and confirmed. Section 9. Recording and Authentication. This Ordinance, immediately upon its final passage and adoption, shall be numbered and recorded in the Ordinance Book of the Town kept for that purpose, authenticated by the signatures of the Mayor (or Mayor Pro Tem) and the Town Clerk (or her deputy), and the full text hereof shall be published in a newspaper of general circulation in the Town. Section 10. Effective Date, Recording, and Authentication. This Ordinance shall be in full force and effect thirty days after final passage in accordance with Section 6.4 of the Charter. This Ordinance shall be numbered and recorded in the official records of the Town kept for that purpose, and shall be authenticated by the signatures of the Mayor and Mayor Pro -Tem and Town Clerk, and published in accordance with the Charter. Ord. 18-17 Approving V Amendment to Lease Agreement October 23, 2018 - FINAL Page 3 of 8 Section 11. Publication. The Town Clerk is ordered to publish this Ordinance in full after adoption on first reading, and such publication shall include the day, hour and place at which Town Council shall hold a public hearing on said ordinance pursuant to the Charter and Chapter 1.16 of the Avon Municipal Code. The Ordinance shall be published in full after final passage pursuant to the Charter and Chapter 1.16 of the Avon Municipal Code. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED PUBLISHED IN FULL AND REFERRED TO PUBLIC HEARING, and setting such public hearing for October 23, 2014, at 5:30 p.m., at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on October 9, 2018. ATTEST: Debbie Hoppe, T TOWN OF AVO,h , GOLORADO ._X7ennie Fancher, Mayor APPROVED AS TO FORM: Attorney INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING, AND ORDERED PUBLISHED IN FULL on October 23, 2018. ATTEST: e Hoppe, Town Ord. 18-17 Approving 1" Amendment to October 23, 2018 - FINAL Page 4 of 8 TOWN OF AVON, COLORADO ennie Fancher, Mayor 101131 gal I Eric�Ia4own Attorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Debbie Hoppe, the duly appointed, qualified and acting Town Clerk of the Town of Avon, Colorado (the "Town"), do hereby certify: 1. That the foregoing pages are a true, correct, and complete copy of an ordinance adopted by the Council of the Town of Avon, Colorado (the "Town Council"), at regular meetings of the Town Council held on October 9, 2018 and October 23, 2018. A quorum of the Town Council was in attendance at each meeting. 2. That the passage of the Ordinance on first reading was duly moved and seconded at a regular meeting of the Town Council on October 9, 2018, and the Ordinance was approved on first reading by a vote of a majority of the members of the Town Council as follows: Council member Voting Yes Voting No Absent Abstaining Jennie Fancher, Mayor Sarah Smith Hymes, Mayor Pro Tem Jake Wolf Matt Gennett Scott Prince Megan Burch �- Amy Phillips c� 3. That the passage of the Ordinance on second and final reading, was duly moved and seconded at a regular meeting of the Town Council on October 23, 2018 and the Ordinance was approved on second and final reading by a vote of a majority of the members of the Council as follows: Council member Voting Yes Voting No Absent Abstaining Jennie Fancher, Mayor Sarah Smith Hymes, Mayor Pro Tem V/ Jake Wolf Matt Gennett Scott Prince Megan Burch Amy Phillips 4. That the Ordinance has been authenticated by the Mayor and sealed with the corporate seal of the Town, attested by me as the Town Clerk, and duly recorded in the official records of the Town. 5. That notices of the meetings of October 9, 2018, and October 23, 2018, in the forms attached hereto as Exhibit A, were duly given to the Council members and were posted in a designated public place within the boundaries of the Town no less than twenty-four hours prior to the meetings as required by law. 6. On October [_], 2018 and October [ac�, 2018, the Ordinance was published in full in the Vail Daily, a newspaper of general circulation in the Town, in accordance with the Charter. Affidavits of publication are attached hereto as Exhibit B. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this �� day of October, 2018. 19 OF AL) SEAL -2- TownI C erk EXHIBIT A (Attach Notices of Meetings) A-1 NOTICE OF PUBLIC HEARING TOWN OF AVON Notice is hereby given that the Avon Town Council will conduct a public hearing for the purpose of considering ORDINANCE NO. 18-17, AUTHORIZING A FIRST AMENDMENT TO THE 2014B CERTIFICATES FOR BOND FINANCING. The public hearing will be held on October 23, ?o18 at 5:oo p.m., or as soon thereafter as possible, at the Avon Town Hall, One Lake Street, Avon, Colorado. The full text of the ordinance is available for inspection at the office of the Town Clerk in the Avon Town Hall during normal business hours and can be viewed on the Town of Avon's official website, www.avon.org. TOWN OF AVON, COLORADO BY: Debbie Hoppe Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 10, 2o18: ✓ AVON TOWN HALL ✓ AVON RECREATION CENTER ✓ AVON PUBLIC LIBRARY ✓ AVON ELEMENTARY SCHOOL ✓ WWW.AVON.ORG Avon 00 L.0RA D0 NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON ADOPTED THE FOLLOWING ORDINANCE ON October 23,2oi8: ORDINANCE NO. 18-17, AUTHORIZING A FIRST AMENDMENT TO THE 2014B CERTIFICATES FOR BOND FINANCING. The full text of the ordinance is available for inspection at the office of the Town Clerk in the Avon Town Hall during normal business hours and can be viewed on the Town of Avon's official website, www.avon.org. TOWN OF AVON, COLORADO BY: Brenda Torres Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON October 24, 2o18: ✓ AVON TOWN HALL ✓ AVON RECREATION CENTER ✓ AVON PUBLIC LIBRARY ✓ AVON ELEMENTARY SCHOOL ✓ WWW.AVON.ORG 44287536.v 1 EXHIBIT B (Affidavits of Publication) A-1 Ad #: 0000327672-01 Customer: TOWN OF AVON LEGALS, Your account number is: 1003066 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 10/26/2018 and that the last publication of said notice was dated 10/26/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 10/31/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 10/31/2018. 6 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 AERI whir. STOFOFMORAM NOtAitY!ONiG(079SiB WuLiY45.401f3pA21A1KN15*i,7CC TOWN OF AVON, COLORADO ORDINANCE NO. 18-17 AUTHORIZING A FIRST AMENDMENT TO A PREVIOUSLY EXECUTED LEASE AGREEMENT, SITE AND IMPROVEMENT LEASE, AND PROVIDING OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Avon, Colorado (the "Town's is a home rule municipa%and political subdivision of the State of Colorado (the "State") organized and existing under a home rub charter (the "Charter") pursuant to Article XX of the onstitutron of the State; and WHEREAS, pursuant to Chapter XN of the Charter, the Town is authorized to enter into one a mora leases artease-purchase agreements far land, buildings, equipment and other property for gcvernmental or proprietary purposes; and WHEREAS, the Town is authodz by Article XX, Sectron 6 of the Colorado GonstiNtbn, its Charter, and part a of Article 15 of tale 31, Colorado Revised Statutes ("C.R.S."), to enter into rental or leasehold agreements in order to provide necessary land, huiWi�s, equipment and other property for governmental a proprietary purposes; and WHEREAS, the Town Council of the Town (the "Town Council's has previcusty leased certain real propedv of the Town and the improvements located thereon, generally known as Town HaX, located at One Lake Svaet in the Town (the "Leased Property's to M Bank, n.a., acting solely in its rapacity as trustee under an Indenture of Trust (the "Trustee', under that certain Site ant Improvement Lease dated as of January 14.2015 (the Site Lease's and then leased the Leased Property back from the Trustee porsuant to a Lease Agreement dated as of January 14, 2015 (the "Lease'; and WHEREAS, pursuant to Section 10,4 of the Lease, so long as no Event of Lease DefauX or Event of Non -appropriation shah have occurred and is continuing, the Trustee shah release any portion of the Leased Proppeerty, and shall ezacute ail documents necessary ar appropnate to convey the same to the Town free of ail restrictions and encumbrances imposed or created qr the Sae Lease, the Lease or the Indenture, upon receipt by the Trustee of (a) a written request of the Town Representative of such release and fie a certificate of the Town Representative addressed to the Trustee certifying as to certain matters relating to the property to be released and the property to be substituted; and WHEREEAS, the Town Council has determined that it is in the best interest of the Town and Its inhabitants and tax avers that the current Town Hall Facility should be released from the Lease and the Site Lease and substituted with the new Town Hal Facility located at 100 Mikaela Way in the Town; and WHEREAS, the Town Representative has presented the Trustee with the appropriate certificates and documents to effect such partial release and substitution; and WHEREAS, pursuant to Section 9.03 of the Indenture, the Lease and the Site Lease ma ba amended without consent of or notice to the Owners of the Certifi- cates (as defined in the Indenture), in order to more precisely identify the Leased Pmpertyy, mcluding arty substitutions, additions ar modifications to the Leased Property as the case may be, as authorized under the Site Lease and the Lease pmwded, however, that d B_T Bank (the "Initial Pumhaser"1 is the owner of 10076 of lite Certificates Outstanding, any amendment to the Lase a the SNe Lease shall be require the prior written consent of the Initial Purchaser, and WHEREAS, the Town Council has determined and herehy determines N is in the bast interests of the Town and Xs i ilmehants that the Town execute and deliv- er a First Amendment to Lease.9marten, (the "First Lease Amendment"1 and Fkst Amendment to Sae and Improvement Leese (the "Rist Site Lease Amend- ment in ardor to more precisely identify the Lassed Property ahar the release of the Town HaA facility and the substitution of the new Town HaM Facility; and WHE EAS, capitalized terms not otherwise defined herein wn. have the me�n;rgs assigned to them m the Lease a the Indenture; and WHEREA., there is on file with the Town the proposed forms of the First Lease Amendment and the First Site Lease Amendment, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO Section 1. Ratification and Approval of Prior Actions. AN action heretofore taken (not inconsistent with the provisions of this adinancel by the Town Council. the Town Representative, or the officers or agents of the Town Council or the Town relating to the First Lease Amendment and the First Site Lease Amendment, including the release of the Leased Property and substitution of such portion of the Leased Property with the new Town Hall Facility, is hereby ratified, approved and confkmed. Section 2. Findhg pl Best Interests. The Town Council hereby finds and determines, pursuant to the Constitution, the laws of the State of Colorado and the Charter, that the release of the Leased Property and the substitution related thereto is necessary convenient and in furtherance of the Town's purposes and are in the best interests of the inhabitants of the Town, and the Town Council hereby authorizes and approves the same. Section 3. Aporovai pf Documents, The First Lane Amendment and the First Site Lane Amendment, in substantially the forms presented to the Town Council and attached hereto as Exhibit A First Amendment to Lease Purchase Agreement and Exhibit B: First Amendment to She and Improvement Lease and on file with the Town, are in ail respects approved, authorized and contirmed, and the Mayor of the Town is hereby authorized and directed for and on behalf of the Town [o execute and deliver the First Amendment in substantially the forms and with substantially the same contents as presented to the Town Council. Section 4. Authorization to Execute CoNaleral Documents. The Town Clerk or her designee is hereby authorized and directed to attest all signatures and acts of any official of the Town in connection with the matters authorized by this Ordinance and to place the seal of the Town on any document authorized and approved by this Ordinance. The Mayor and Town Clerk and other appropriate officials or employees of the Town ere hereby authorized to execute and deliver for and on behalf of the Town any end ail addtional certificates, documents, msloffu=is and other papers, and to pertam a8 other acts that they deem nec- essary or appropriate, in order to implement and carry out the transactions and other matters authorized by this Ordinance, including but not limited to such documents, cert4icates and affidavits as may be necessary. The execution of any instrument by the aforementioned officers or members of the Town Council shah be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 5. j AN ordinances, resolutrons. bylaws, orders, and other instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaws, order, or other instrument, a part thereof, heretofore repealed. Section 8. , ygLahN6,y, If any section, subsectioq parayraph, clause or other provision of this Ordinance sbrall for any reason be field to be invalid a unen- .at, le, the invaalNidity or unenfarceaGlity thereof shall not affact any of the remaining sections, subsections, paragraphs, clauses a provisions hereof. Section 7. Statutes Sucersedad. Pursuant to Article XX of the Colorado Constitution and to the Charter, ail statutes of the State which might otherwise apply in connection with Me release of thepodion of Leased Property are hereby superseded except to the extent specifically heli to be applicable. Section 5, Ratification and Approval pr mor Ae'lons. AN actions heretofore taken by the officers of the Town and members of the Town Council, not in- consistentwith the provisions of this Ordinance _relating to the First Lane Amendment and First Site Lease Amendment and the release of a portion of Leased :e, immediately upon its final Passa a and adoption, shall be numbered and recorded in the Ordl- by the signatures of the Mayor (a Mayor "tion, and the Town Clark (or her deputy), and the fug dation in the Town. !L This Ordinance shall be in full force and effect thirty days after final passage in accordance bered and recorded in the official records of the Town kept for that purpose, and shall be authenti- ] Town Clerk, and published in accordance with the Charter. lish this Ordinance in full after adoption on first readsnngg, and such publication shall include the day, tdng on said ordinance pursuant to the Charter and Cfiapter 1.16 of the Avon Municipal Code. asuant to the Charter and Chapter 1.16 of the Avon Municipal Code. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED PUBLISHED IN FULL AND REFERRED TO PUBLIC HEARING, and setting such publi=,,12 hearing for October 23, 2014, at 5:30 p.m., at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Cohrado, on October 9, 2018. TOWN OF AVON, COLORADO Jennie Fancher, Mayor ATTEST APPROVED AS TO FORM: Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING, AND ORDERED PUBLISHED IN FULL on October 23,201& TOWN OF AVON, COLORADO Jennie Fancher, Mayor ATTEST APPROVED AS TO FORM: Debbie Hoppe, Town Clark Eric J. Heil, Town Attorney STATE OF COLORADO COUNTY OF EAGLE SS. TOWN OF AVON ) 1, Debbie Hoppe the duly appointed, qualified and acting Town Clerk of the Town of Avon, Colorado (the "Town"), do hereby certify: 1. That the foregoing pages are a true, correct, and complete copy of an ordinance adopted by the Council of the Town of Avon Colorado (the "Town Council-), at regular meetings of the Town Council held on October 9, 2018 and October 23, 2018. A quorum of the Town Council was in attendance at each Te 2. That the passage of the Ordinance on first reading was duty moved and seconded at a regular meeting of the Town Council on October 9, 2016, and the Ordinance was approved on fist reading by a vote of a majority of the members of the Town Councif as follows: Council member V tin Y s Votina Na Absent Abstainim J nie Panther Ma r ah Smith H roes Maa ro Tem J lie Woff Matt enneft Scott Price Medan Bach Awry hilips M!;� 3. That the passage of the Ordinance on second and final reading, was duly moved and seconded ata regular meeting of the Town Council on October 23, 2016 and the Ordinance was approved on second and final reading by a vote of a majority of the members of the Council as follows: au i MMM.. VotingYes VotingN Alysgn[ Ab in Jennie Faucher Ma Jake Woff ah dh H mes Mayor Pro Tem Matt ennett Scott Prince M, an Bach Amy Philips 4. That the Ordinance has been authenticated by the Mayor and sealed with the corporate seal of the Town, attested by me as the Town Clerk, and duty recorded in the official records of the Town. 5. That notices of the meetings of October 9, 2018, and October 23, 2018, in the fors attached hereto as Exhibit A, were duly given to the Council members and were posted in a designated public place within the boundaries of the Town no less than twenty -(our hours prior to the meetings as required by law. 6. On October L j, 2018 and October L24�, 2018, the Ordinance was published in full in the Vaif Daily, a newspaper of general circulation in the Town, in accordance with the Charter. Affidavits of pub ication are attached hereto as Exhibit B. IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of said Town this —23rd_ day of October, 2018. Town Clerk (SEAL) Published in the Vail Daily October 26, 2018