TC Ord. No. 1990-020 9
ORDINANCE NO. 90-2
AN ORDINANCE FOR THE TOWN OF AVON,
COLORADO, INITIATING CHARTER AMENDMENTS TO
EXEMPT BONDS PAYABLE FROM IMPOSITIONS OTHER
THAN GENERAL PROPERTY TAXES FROM ELECTION
AND DEBT LIMIT PROVISIONS OF THE CHARTER AND
TO EXEMPT GENERAL OBLIGATION BONDS FOR
HOUSING FROM ELECTION AND DEBT LIMIT
PROVISIONS OF THE CHARTER, SUBJECT TO A
SEPARATE DEBT LIMIT FOR SUCH BONDS; SUBMITTING
SUCH CHARTER AMENDMENTS TO THE REGISTERED
ELECTORS OF THE TOWN AT A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON MAY 15, 1990.
WHEREAS, the Town of Avon (the "Town"), in the County of Eagle, and
State of Colorado, is a municipal corporation duly organized and existing under Article XX
of the Constitution of the State of Colorado; and
WHEREAS, the Town's Charter. (the "Charter") was duly adopted at a special
election held in the Town on June 13, 1978; and
WHEREAS, Chapter XIV of the Charter governs the issuance of bonds and
other evidences of indebtedness of the Town, and the existing provisions thereof do not
unambiguously authorize the issuance of such obligations payable from Town taxes, fees and
other impositions, other than general property taxes, without an election and without regard
to the Charter's limitation on indebtedness; and
WHEREAS, there is a severe shortage of affordable rental housing in the
Town and neighboring areas; and
WHEREAS, the Town Council (the "Council") deems it in the best interests
of the Town and its inhabitants to amend the Charter to permit (a) the issuance of securities
payable from Town taxes, fees and other impositions, other than general property taxes,
without an election and without regard to the Charter's limitation on indebtedness, and (b)
the issuance of general obligation securities for the purpose of acquiring, constructing or
equipping rental housing to be owned by or on behalf of a governmental entity and acquiring
land therefor without an election and, subject to a separate limitation on such indebtedness,
without regard to the Charter's existing limitation on indebtedness; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, permits the Council
to initiate a Charter amendment by ordinance; and
WHEREAS, the Council hereby determines to hold a special election on
May 15, 1990, for the purpose of submitting the Charter amendments proposed by this
ordinance to the registered electors of the Town; and
WHEREAS, no similar Charter amendment has been submitted to and rejected
by the registered electors of the Town within the preceding twelve months.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
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Section 1. All action heretofore taken by the Council and officers of the
Town, not inconsistent with the provisions of this ordinance and toward the special election
herein authorized, is hereby ratified, approved and confirmed.
Section 2. Two proposals (as set forth in Section 4 hereof) to amend the
Charter of the Town shall be submitted to a vote of the registered electors of the Town on
the ballot of the special municipal election of May 15, 1990 (the "election"). The provisions
of the Colorado Municipal Election Code of 1965 shall govern the election, except as by the
Charter otherwise provided.
Section 3. The proposals shall be submitted to the registered electors by paper
ballot, which shall be in substantially the following form:
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• •
(Form of Front of Paper Ballot)
QUESTION NO. 1
as follows: Shall Section 14.5 of the Charter of the Town of Avon be amended to read
Section 14.5 Funding of Revenue Bonds.
In addition to the provisions of Section 14.4 relating to
Revenue Bonds, the Town shall have the authority to issue
revenue bonds payable from the revenue and income of the
project, facility, or improvement to be constructed or installed
with the proceeds of the bond issue, or payable in whole or in
part from the available proceeds of any Town tax, fee or other
imposition, other than general property taxes, which may be
imposed pursuant to this Charter, which bonds shall not be
subject to the election requirement or other restrictions contained
in Section 14.3 or to the limitation of indebtedness contained in
Section 14.7.
FOR the Charter Amendment
AGAINST the Charter Amendment
QUESTION NO. 2
Shall Chapter XIV of the Charter of the Town of Avon be amended by the
addition of a new Section 14.10 as follows:
Section 14.10 Housing Bonds.
Notwithstanding the provisions of Section 14.3 and
Section 14.7 of this Charter, general obligation bonds or other
evidences of indebtedness issued for the purpose of acquiring,
constructing or equipping rental housing to be owned by or on
behalf of a governmental entity and acquiring land therefor
(a) may be issued without an election and upon an approving
vote of two-thirds (213) of the entire Council, without the
restrictions contained in Section 14.3, and (b) shall not be subject
to the limitation of indebtedness set forth in Section 14.7,
provided that the aggregate outstanding principal amount of such
bonds does not exceed fifteen per cent (15%) of the assessed
valuation of the taxable property within the Town as shown by
the last preceding assessment for Town purposes.
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•
FOR the Charter Amendment
AGAINST the Charter Amendment
To record your vote, make a cross (X) in the square opposite and at the right
of the words expressing your choice on the question.
If you wrongfully mark, tear or deface this ballot, return and obtain another.
(End of Form of Front of Paper Ballot)
(Form of Back of Paper Ballot)
Official ballot of the Town of Avon, Colorado, for the special
election held on Tuesday, May 15, 1990.
_ (Facsimile Si nature)
Town Clerk
(End of Back of Paper Ballot)
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i •
Section 4. (a) Effective immediately upon the canvass of the votes at the
election, and upon the affirmative vote of a majority of the registered electors voting at the
election on Question No. 1 as set forth in the form of ballot in Section 3 hereof,
Section 14.5 of the Charter shall be amended to read as follows:
Section 14.5 Funding of Revenue Bonds.
In addition to the provisions of Section 14.4
relating to Revenue Bonds, the Town shall have
the authority to issue revenue bonds payable from
the revenue and income of the project, facility, or
improvement to be constructed or installed with
the proceeds of the bond issue, or payable in
whole or in part from the available proceeds of
any Town tax, fee or other imposition, other than
general property taxes, which may be imposed
pursuant to this Charter, which bonds shall not be
subject to the election requirement or other
restrictions contained in Section 14.3 or to the
limitation of indebtedness contained in
Section 14.7.
(b) Effective immediately upon the canvass of the votes at the election, and
upon the affirmative vote of a majority of the registered electors voting at the election on
Question No. 2 as set forth in the form of ballot in Section 3 hereof, Chapter XIV of the
Charter shall be amended by the addition of a new Section 14.10 to read as follows:
Section 14.10 Housing Bonds.
Notwithstanding the provisions of Section 14.3 and
Section 14.7 of this Charter, general obligation
bonds or other evidences of indebtedness issued
for the purpose of acquiring, constructing or
equipping rental housing to be owned by or on
behalf of a governmental entity and acquiring land
therefor (a) may be issued without an election and
upon an approving vote of two-thirds (2/3) of the
entire Council, without the restrictions contained
in Section 14.3, and (b) shall not be subject to the
limitation of indebtedness set forth in Section 14.7,
provided that the aggregate outstanding principal
amount of such bonds does not exceed fifteen per
cent (15%) of the assessed valuation of the
taxable property within the Town as shown by the
last preceding assessment for Town purposes.
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Section 5. Electors of the Town may vote in the election by absent voter's
ballot under the terms and conditions prescribed in Part 10 of Article 10 of Title 31,
Colorado Revised Statutes. An application for an absent voter's ballot may be made orally
or in writing with the Town Clerk not later than the close of business on May 11, 1990.
Section 6. No vote shall be received or permitted by the judges of the
election unless the person offering the same shall be a qualified elector of the Town (that
is, a person who has attained the age of 18 years, is a citizen of the United States, has
resided in the State of Colorado for 25 days and has resided in the municipal election
precinct in the Town for 25 days immediately preceding the election) and is so registered as
provided by law.
Section 7. The Town Clerk shall give public notice concerning registration
requirements for the election by causing a notice of registration to be published in the Vail
Trail, a legal newspaper of general circulation in the Town, on April 13, 1990. Such notice
shall be in substantially the following form:
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(Form of Notice of Registration)
PUBLIC NOTICE OF REGISTRATION FOR
SPECIAL ELECTION
TOWN OF AVON, COLORADO
LAST REGISTRATION DATE: APRIL 20, 1990
PUBLIC NOTICE IS HEREBY GIVEN that the registration list to be used
in connection with a special election for the Town of Avon, Colorado, to be lield on
Tuesday, May 15, 1990, shall contain the names of electors whose names appear on the
registration list at the close of business at the office of the County Clerk of Eagle County
on April 20, 1990. Any qualified elector of the Town who is not registered and who desires
to vote at the special election may register on or before April 20, 1990, during regular office
hours, at the office of the County Clerk at the Eagle County Courthouse in Eagle, Colorado,
or at the office of the Town Clerk in the Town Hall in Avon, Colorado.
By order of the Town Council of the Town of Avon, in the County of Eagle
and State of Colorado, on April 10, 1990.
/s/ Patricia J Doyle
Town Clerk
(End Form of Notice of Registration)
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Section 8. The Town Clerk shall give public notice of the election and of
registration requirements in connection therewith:
A. By causing the notice to be published in the Vail Trail on
April 13, 1990; and
B. By posting, or causing to be posted, conspicuously, on or before
May 4, 1990, a written or printed copy of said notice at the office of the Town Clerk; and
C. By causing the notice to be published in the Vail Trail on May
4, 1990.
The notice shall be in substantially the following form:
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(Form of Election Notice)
NOTICE OF SPECIAL ELECTION
OF THE TOWN OF AVON, COLORADO
TO BE HELD ON
TUESDAY, MAY 1.5, 1990
PUBLIC NOTICE IS HEREBY GIVEN that at a special election to be held
on Tuesday, May 15, 1990 in the Town of Avon, Colorado there will be submitted to the
duly registered qualified electors of the Town the following questions:
QUESTION NO 1
Shall Section 14.5 of the Charter of the Town of Avon be amended to read
as follows:
Section 14.5 Funding of Revenue Bonds.
In addition to the provisions of Section 14.4 relating to
Revenue Bonds, the Town shall have the authority to issue
revenue bonds payable from the revenue and income of the
project, facility, or improvement to be constructed or installed
with the proceeds of the bond issue, or payable in whole or in
part from the available proceeds of any Town tax, fee or other
imposition, other-than general property taxes, which may be
imposed pursuant to this Charter, which bonds shall not be
subject to the election requirement or other restrictions contained
in Section 14.3 or to the limitation of indebtedness contained in
Section 14.7.
QUESTION NO 2
Shall Chapter XIV of the Charter of the Town of Avon be amended by the
addition of a new Section 14.10 as follows:
Section 14.10 Housing Bonds.
Notwithstanding the provisions of Section 14.3 and
Section 14.7 of this Charter, general obligation bonds or other
evidences of indebtedness issued for the purpose of acquiring,
constructing or equipping rental housing to be owned by or on
behalf of a governmental entity and acquiring land therefor
(a).may be issued without an election and upon an approving
vote of two-thirds (2/3) of the entire Council, without the
restrictions contained in Section 14.3, and (b) shall not be subject
to the limitation of indebtedness set forth in Section 14.7,
provided that the aggregate outstanding principal amount of such
bonds does not exceed fifteen per cent (15%) of the assessed
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• •
valuation of the taxable property within the Town as shown by
the last preceding assessment for Town purposes.
The registration list to be used in connection with the election shall contain the
names of qualified electors of the Town who are residents of the Town and whose names
appear on the County registration list at the close of business at the office of the County
Clerk of Eagle County on April 20, 1990.
Any qualified elector of the Town who is not now registered and who wishes
to vote at the election should register at the office of the Eagle County Clerk in the Cagle
County Courthouse in Eagle, Colorado, or at the office of the Town Clerk in the Town Hall
in Avon, Colorado on or before April 20, 1990, during regular business hours.
No vote shall be received unless the person offering the same shall be a
qualified elector of the Town (that is, a person who has attained the age of 18 years, is a
citizen of the United States, and has resided in the State of Colorado for 25 days and the
municipal precinct in the Town for 25 days immediately preceding the election) and is so
registered as provided by law.
When any registered, qualified elector of the Town will be absent from the
Town on the day of the election, or who, by reason of his work or the nature of his
employment is likely to be absent and fears that he will be absent from the Town on that
day, or who, because of serious illness, handicap or advanced age, or who, for reasons based
upon the doctrines of established religion of which the elector is a member, will be unable
to attend the polls, such elector may request an application orally or in writing from the
Town Clerk for an absent voter ballot not later than the close of business on the Friday
immediately preceding the election, i.e., Friday, May 11, 1990. All absentee ballots must be
in the hands of the Town Clerk not later than 5:00 p.m. on the day of the election, except
as otherwise provided by law for emergency absentee voting.
There shall be one municipal election precinct for the election, the polling
place for which shall be the Council Chambers in the Town Hall.
Except for absentee voting, the polls will be opened at the hour of 7:00 a.m.
and will remain open until the hour of 7:00 p.m.
IN WITNESS WHEREOF, the Town Council of the Town of Avon, in the
County of Eagle and State of Colorado, on April 10, 1990, has caused this notice to be
given.
Deputy own Clerk
(SEAL)
(End of Form of Election Notice)
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Section 9. At least fifteen days before the election, the Council shall
appoint not less than three judges of election and three alternative judges for the single
election precinct. Each judge and alternative shall be a registered elector of such precinct.
Any judge or alternate shall have the power to administer oaths. The Town Clerk shall
make and rile in her office a list of all persons so appointed. Such list shall be a public
record and shall be subject to inspection and examination during office hours by any qualified
elector of the Town with the right to make copies thereof. Before any votes are taken at
the election, the judges of election shall severally take an oath or affirmation in the following
form:
"I, do solemnly swear (or affirm) that I am a citizen of the
United States and the State of Colorado; that I am a registered
elector in election precinct no. 15-A in the Town of Avon; that
I will perform the duties of judge according to law and the best
of my ability; that I will studiously endeavor to prevent fraud,
deceit, and abuse in conducting the same; that I will not try to
ascertain how any elector voted, nor will I disclose how any
elector voted if, in the discharge of my duties as judge, such
knowledge shall come to me, unless called upon to disclose the
same before some court; and that I will not disclose the result
of the votes until the polls have closed."
The judges of the election may administer the oaths or affirmations to each other. Each
judge shall record and sign any such oaths or affirmations administered by him or her and
shall attach the record to the pollbook.
Section 10. Sample ballots shall be printed and in the possession of the
Town Clerk 10 days before the election and shall be subject to inspection. The Town Clerk
shall provide at least two sample ballots to be delivered to the judges of election and posted
in the polling place on election day.
Section 11. The officers of the Town hereby are authorized and directed to
take all action necessary or appropriate to effectuate the provision of this ordinance.
Section 12. All orders, bylaws, resolutions, ordinances, or parts thereof, in
conflict with this ordinance are hereby repealed. This repealer shall not be construed to
revive any order, bylaw, resolution, or ordinance, or part thereof, heretofore repealed.
Section 13. If any section, paragraph, clause or other provision of this
ordinance is for any reason held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or other provision shall not affect the
validity of the remaining provisions of this ordinance.
Section 14. This ordinance will be effective seven days after public notice
following final passage, adoption and approval.
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INTRODUCED, PASSED ON FIRST READING AND ORDERED
PUBLISHED in full this 27th day of March, 1990.
The Council will hold a public hearing hereon at the meeting of the Town
Council on April 10, 1990 at the Town Hall, being the regular meeting place of the Town
Council, at the hour of 6:00 p.m.
c\
ppnzz
Mayor
Town of Avon, olorado
(SEAL)
Attest:
Depu Town Clerk
Town o Avon, Colorado
FINALLY ADOPTED AND ORDERED FINALLY PUBLISHED in full this
10th day of April, 1990.
O
Mayor
Town of Avon, Colorado
(SEAL)
Attest:
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Mayor Nottingham announced that copies of the ordinance had been
distributed to the members of the Council and were available to those persons in attendance
at the Council meeting.
It was thereupon moved by Councilmember David Garton and
seconded by Councilmember Albert Reynolds that the foregoing ordinance read for the
first time at this meeting, as aforesaid, be approved and passed on First reading to be
published by posting in full in the four places required by Section 6.7 of the Town Charter
and that a public hearing be held thereon at the regular meeting of the Town Council at the
Town Hall on April 10, 1990 at the hour of 6:00 p.m.
The question being upon the adoption of such motion, the roll was called with
the following results:
Those Voting Yes: Mike Bennett
Jerry Davis
David Garton
Gloria McRory
Albert Buzz Reynolds Sr.
Jim Stovall
Those Voting No: none
Those Absent:
6
members of the Town Council having voted in favor of such
motion, the presiding officer thereupon declared the motion carried.
Thereupon, the Council considered other business and took other action not
concerning the proposed Charter amendments or the election therefor.
Thereafter, there being no further business to come before the meeting, on
motion duly made, seconded and unanimously carried, the meeting was adjourned.
L661% 4 6, -,.0
May
Town of Avon, Colorado
(SEAL)
Attest:
Deputy own Clerk
Town of Avon, Colorado
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•
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
I, Patricia Doyle, Town Clerk of the Town of Avon, (the "Town"), in the
County of Eagle and State of Colorado, do hereby certify:
1. The foregoing pages numbered -1- through -14- constitute a true,
correct, complete and compared copy of the record of the proceedings taken by the Town
Council of the Town at a duly called regular, open, public meeting thereof held on
March 27, 1990, so far as said minutes relate to a charter amendment ordinance, a copy of
which is therein set forth.
2. A copy of such ordinance contained in such minutes is a true, correct,
complete and compared copy of the original of the ordinance adopted by the Town Council
at the meeting.
3. I published the ordinance by posting the full ordinance on April 2,
1990, at the following four places pursuant to the Charter and ordinance:
(a) The office of the Town Clerk
(b) The Avon Post office in the main lobby,,
(c) The City market in the main lobby
(d) The Coastal Mart, Inc.
4. The Mayor and 6 other members of the Town Council were present
at such meeting, and 6 members of the Council voted on the adoption of the ordinance,
as in such minutes set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the
Town of Avon this 21"d day of April, 1990.
Depu Town Clerk
Town of Avon, Colorado
(SEAL)
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
The Town Council of the Town of Avon, in Eagle County, Colorado, met in
regular session, in full conformity with law and the Charter, ordinances and rules of the
Town, at the Town Hall, being the regular meeting place of the Council, on Tuesday, April
10, 1990, at the hour of 6:00 p.m. Upon roll call, the following were found to be present,
constituting a quorum:
Mayor:
Mayor Pro Tem:
Other Councilmembers:
Absent:
Allan R. Nottingham
Gloria McRory
Mike Bennett
Jerry Davis
RAO)WM
Albert Buzz Reynolds Sr.
Jim Stovall
David Garton
constituting all the members of the Town Council.
There were also present:
Town Clerk:
Town Attorney:
Town Manager:
Patricia J. Doyle
John Dunn
Bill James
Thereupon, the following preceedings, among others, were had and taken:
The Clerk announced that an ordinance entitled:
AN ORDINANCE FOR THE TOWN OF AVON,
COLORADO, INITIATING CHARTER AMENDMENTS TO
EXEMPT BONDS PAYABLE FROM IMPOSITIONS OTHER
THAN GENERAL PROPERTY TAXES FROM ELECTION
AND DEBT LIMIT PROVISIONS OF THE CHARTER AND
TO EXEMPT GENERAL OBLIGATION BONDS FOR
HOUSING FROM ELECTION AND DEBT LIMIT
PROVISIONS OF THE CHARTER, SUBJECT TO A
SEPARATE DEBT LIMIT FOR SUCH BONDS; SUBMITTING
SUCH CHARTER AMENDMENTS TO THE REGISTERED
ELECTORS OF THE TOWN AT A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON MAY 15, 1990.
which ordinance was introduced and read by title for the first time on March 27, 1990, had,
as ordered by the Town Council, been published by posting on April 2, 1990, and that the
Clerk's certificate of posting is now on file in the office of the Town Clerk.
Thereupon, the ordinance was read by title for the second time, printed copies
having been furnished to Councilmembers and members of the public in attendance.
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A public hearing on the ordinance was then held.
It was thereupon moved by Councilmember McRory and
seconded by Councilmember Stovall that the foregoing ordinance read for the
second time at this meeting, as aforesaid, be approved and Finally adopted, to be published,
by immediate posting in full this April 10, 1990, in the four places required by Section 6.7 of
the Town Charter.
The question being upon the adoption of such motion, the roll was called with
the following results:
Those Voting Yes:
Mike Bennett
Jerry Davis
XWt10,dlt,6y1
Gloria McRory
Albert Buzz Reynolds Sr.
Jim Stovall
Those Voting No:
Those Absent:
5
members of the Town Council having voted in favor of such
motion, the presiding officer thereupon declared the motion carried, and the ordinance
adopted and approved.
On motion unanimously adopted, it was ordered that the ordinance be
numbered 90-2, be published by posting as aforesaid, and be recorded according to law.
Thereupon, the Council considered other business and took other action not
concerning the proposed Charter amendments or the election therefor.
Thereafter, there being no further business to come before the meeting, on
motion duly made, seconded and unanimously carried, the meeting was adjourned.
Mayo
Town of Avon, Colorado
(SEAL)
A
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® •
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
I, Patricia Doyle, Town Clerk of the Town of Avon, (the "Town"), in the
County of Eagle and State of Colorado, do hereby certify:
1. The foregoing pages numbered -16- through -17- constitute a true,
correct, complete and compared copy of the record of the proceedings taken by the Town
Council of the Town at a duly called regular, open, public meeting thereof held on April 10,
1990, so far as said minutes relate to a charter amendment ordinance, a copy of which is
therein set forth.
2. A copy of such ordinance contained in such minutes is a true, correct,
complete and compared copy of the original of the ordinance adopted by the Town Council
at the meeting.
3. I published the ordinance by posting the full ordinance on April 10,
1990, immediately following the meeting at the following four places pursuant to the Charter
and ordinance:
(a) The office of the Town Clerk
(b) The Town of Avon Post Office
(c) City X---ket
(d) Coastal Mart. Inc.
4. The Mayor and 5 other members of the Town Council were present
at such meeting, and 5 members of the Council voted on the adoption of the ordinance,
as in such minutes set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the
Town of Avon this 10th day of April, 1990.
(SEAL)
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