TC Res. No. 1993-32RESOLUTION NO. 93-32
Series of 1993
WHEREAS, the Town of Avon, in'the County of Eagle and State of Colorado
(the "Town'), is a municipal corporation duly organized and existing as a home-rule
municipality under Article XX of the State Constitution (the "Constitution") and laws of the
State of Colorado; and
WHEREAS, the members of the Town Council of the Town (the "Council")
have been duly elected and qualified; and
WHEREAS, the Council is of the opinion that the Town should issue bonds
for the purposes stated in this resolution; and
WHEREAS, Article X, Section 20 ("Amendment-1") of the Constitution Units -
Town spending and the ability of the Town to issue bonds; and
WHEREAS, Amendment 1 permits the eligible, electors of the Town to approve
increases in spending and the issuance of 'bonds; and
WHEREAS, November 2, 1993, is one of the election dates at which bond
and spending questions may be submitted to the eligible electors of the Town pursuant to
Amendment 1; and
WHEREAS, Eagle County (the "County") is conducting on November 2, 1993,
a coordinated election pursuant to Section 1-7-116, C.R.S.;, and
WHEREAS, pursuant to Section 3.1 of the Town Charter, and Sections 1-1-
102 and 31-10-102.7, C.R.S. and Ordinance 93-5, Series of 1993, the Council has elected to
conduct an election on November 2, 1993, pursuant to the Uniform Election Code of 1992;
and
WHEREAS, pursuant to Section 3.2 of the Town Charter, the Council may call
a special election by resolution adopted at least 60 days in ordinance thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, IN THE COUNTY OF EAGLE, STATE OF COLORADO:
-1-
Section 1. All action heretofore taken (not inconsistent with the provisions of
this resolution) by the Town and the officers thereof; directed towards the election and the
objects and purposes herein stated is hereby ratified, approved and confirmed.
Section 2. Unless otherwise 'defined herein, all terms used herein shall have
the meanings defined in Section 1-1-104, C.R.S.
Section 3. Pursuant to. the Uniform Election Code of 1992, and all laws
amendatory thereof and supplemental thereto, at a special election to be held on
November 2, 1993 (the "election"), there shall be submitted to the eligible electors of the
Town the questions of issuing bonds of the Town and of increasing Town spending above' the
limits of Amendment 1. Because the election will be a coordinated election, the Council
hereby determines to contract with the County Clerk and Recorder of Eagle County,
Colorado (the "County Clerk") to conduct the election. The Town Manager or his designee
is authorized" to enter into an intergovernmental agreement with the County Clerk pursuant
to Section 1-7-116, C.R.S.
Section 4. The questions to be submitted to the eligible electors of the Town
shall be in substantially the following forms:
A. SHALL THE TOWN OF AVON DEBT BE INCREASED BY AN
AMOUNT NOT TO EXCEED $3,900,000, WITH A REPAYMENT COST
NOT TO EXCEED $8,410,800 FOR THE PURPOSE OF ACQUIlUNG,
CONSTRUCTING AND EQUIPPING AN AQUATIC/RECREATION
CENTER AND ALL NECESSARY AND APPURTENANT FACILITIES;
SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF BONDS OR
BONDS ISSUED TO REFUND SUCH BONDS PAYABLE FROM SUCH
TOWN TAXES OR OTHER REVENUES AS THE TOWN COUNCIL MAY
DETERMINE, WITHOUT ANY INCREASE IN THE CURRENT RATE OF
ANY SUCH TAXES; SUCH BONDS TO BE SOLD IN ONE SERIES OR
MORE IN AN AGGREGATE AMOUNT NOT TO EXCEED THE
MAXIMUM AUTHORIZED PRINCIPAL AMOUNT AND REPAYMENT
COSTS, ON TERMS AND CONDITIONS AS THE TOWN COUNCIL MAY
-2-
DETERMINE, INCLUDING PROVISIONS FOR THE REDEMPTION OF
THE BONDS PRIOR TO MATURITY WITH OR WITHOUT PAYMENT
OF A PREMIUM; AND SHALL THE PROCEEDS OF SUCH BONDS AND
THE REVENUES FROM SUCH TAXES AND ANY EARNINGS FROM
THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE
COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION,
AND WITHOUT L WANG THE COLLECTION OR SPENDING OF ANY
OTHER REVENUES OR FUNDS BY THE TOWN UNDER ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER
LAW?
B. SHALL THE TOWN OF AVON DEBT BE INCREASED BY AN
AMOUNT NOT TO EXCEED $1,700,000, WITH A REPAYMENT COST
NOT TO EXCEED $3,966,650 FOR THE PURPOSE OF ACQUIRING
LAND FOR A PUBLIC WORKS GARAGE AND MAINTENANCE
FACILITY; SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF
BONDS ' OR BONDS ISSUED TO REFUND SUCH BONDS PAYABLE
FROM SUCH TOWN TAXES OR OTHER REVENUES AS THE TOWN
COUNCIL MAY DETERMINE, WITHOUT ANY INCREASE IN THE
CURRENT RATE OF ANY SUCH TAXES; SUCH BONDS TO BE SOLD
IN ONE SERIES OR MORE IN AN AGGREGATE AMOUNT NOT TO
EXCEED THE MA)CMUM AUTHORIZED PRINCIPAL AMOUNT AND
REPAYMENT COSTS, ON TERMS AND CONDITIONS AS THE TOWN
COUNCIL MAY DETERMINE, INCLUDING PROVISIONS FOR THE
REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR
WITHOUT PAYMENT OF A PREMIUM; AND SHALL THE PROCEEDS
OF SUCH BONDS AND THE REVENUES FROM SUCH TAXES AND
ANY EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS AND
REVENUES BE COLLECTED AND SPENT WITHOUT LlMrrATION OR
CONDITION, AND WITHOUT LIMITING THE COLLECTION OR
-3-
SPENDING OF ANY OTHER REVENUES OR FUNDS BY THE TOWN
UNDER ARTICLE X, SECTION 20 OF THE' COLORADO CONSTITUTION
OR ANY OTHER LAW?
C. SHALL THE TOWN OF AVON BE AUTHORIZED WITHOUT ANY
INCREASE IN THE CURRENT RATE OF TOWN TAXES TO RECEIVE
AND EXPEND $450,000 ANNUALLY BEGINNING IN 1994 FOR THE
PURPOSE OF PAYING THE COSTS OF OPERATING, MAINTAINING,
IMPROVING AND EXPANDING AN AQUATIC/RECREATION CENTER
AND ALL NECESSARY AND APPURTENANT FACII.ITIES, SUCH
AMOUNT TO BE ABOVE THE AMOUNT THE TOWN IS AUTHORIZED
TO RECEIVE AND EXPEND PURSUANT TO ARTICLE X, SECTION 20
OF THE COLORADO CONSTITUTION?
Section 5. Ms. Patty Neyhart is hereby appointed as the designated election
official of the';Town for purposes of performing acts required or permitted by law in
connection with the election.
Section 6. Pursuant to Section 1-5-205, C.R.S., not less than ten days prior
to the election, the designated election official of the Town is hereby instructed to give
notice of the election, by causing a printed notice of the election to be published at least one
time in the Vail Valley Times, a legal newspaper of general circulation in the Town. Such
notice shall also be posted at least ten days prior to the election in a conspicuous place in
the office of the designated election official. Such notice shall be substantially in the
following form:
-4-
(Form of Notice)
PUBLIC NOTICE OF SPECIAL ELECTION
TOWN OF AVON
EAGLE COUNTY, COLORADO
TO BE HELD
TUESDAY, NOVEMBER 2, 1993
PUBLIC NOTICE IS HEREBY GIVEN that pursuant to law and requisite
action of the Town Council of the Town of Avon (the "Town"), in the County of Eagle and
State of Colorado, a. special election will be held in the Town on Tuesday, November 2, 1993.
The election will be conducted as part of the consolidated mail ballot election
to be conducted by the County Clerk and Recorder of Eagle County. At the election there
shall be submitted to the eligible electors of the Town the following questions:
A. SHALL THE TOWN OF AVON DEBT BE INCREASED BY AN AMOUNT
NOT TO EXCEED $3,900,000, WITH A REPAYMENT COST NOT TO EXCEED
$8,410,800 FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND
EQUIPPING AN AQUATIC/RECREATION CENTER AND ALL NECESSARY
AND APPURTENANT FACILITIES; SUCH DEBT TO BE EVIDENCED BY THE
ISSUANCE OF BONDS OR BONDS ISSUED TO REFUND SUCH BONDS
PAYABLE FROM SUCH TOWN TAXES OR OTHER REVENUES AS THE
TOWN COUNCIL MAY DETERMINE, WITHOUT ANY INCREASE IN THE
CURRENT RATE OF ANY SUCH TAXES; SUCH BONDS TO BE SOLD IN ONE
SERIES OR MORE IN AN AGGREGATE AMOUNT NOT TO EXCEED THE
MAXIMUM AUTHORIZED PRINCIPAL AMOUNT AND REPAYMENT COSTS,
ON TERMS AND CONDITIONS AS THE TOWN COUNCIL MAY DETERMINE,
INCLUDING PROVISIONS FOR THE REDEMPTION OF THE BONDS PRIOR
TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; AND
SHALL THE PROCEEDS OF SUCH BONDS AND THE REVENUES FROM
SUCH TAXIES AND ANY EARNINGS FROM THE INVESTMENT OF SUCH
PROCEEDS AND REVENUES BE COLLECTED AND SPENT WITHOUT
-5-
L 41TATION OR CONDITION, AND WITHOUT L ffrlNG THE COLLECTION
OR SPENDING OF ANY OTHER REVENUES OR FUNDS 'BY THE TOWN
UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR
ANY OTHER LAW?
B. SHALL THE TOWN OF AVON DEBT BE INCREASED BY AN AMOUNT
NOT TO EXCEED $1,700,000, WITH A REPAYMENT COST NOT TO EXCEED
$3,966,650 FOR, THE PURPOSE OF ACQUIRING LAND FOR A PUBLIC
WORKS GARAGE AND MAINTENANCE FACILITY; SUCH DEBT TO BE
EVIDENCED BY THE ISSUANCE OF BONDS OR BONDS ISSUED TO
REFUND SUCH BONDS PAYABLE FROM SUCH TOWN TAXES OR OTHER
REVENUES AS THE TOWN COUNCIL MAY DETERMINE, WITHOUT ANY
INCREASE IN THE CURRENT RATE OF ANY SUCH TAXES; SUCH BONDS
TO BE SOLD IN ONE SERIES OR MORE IN AN AGGREGATE AMOUNT NOT
TO EXCEED THE MAXIMUM AUTHORIZED PRINCIPAL AMOUNT AND
REPAYMENT COSTS, ON TERMS AND CONDITIONS AS THE TOWN
COUNCIL MAY DETERMINE, INCLUDING PROVISIONS FOR THE
REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR WITHOUT
PAYMENT OF A PREMIUM; AND SHALL THE PROCEEDS OF SUCH BONDS
AND THE REVENUES FROM SUCH TAXES AND ANY EARNINGS FROM
THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED
AND SPENT WITHOUT LIMITATION OR CONDITION, AND WITHOUT
LUvffrING THE COLLECTION OR SPENDING OF ANY OTHER REVENUES
OR FUNDS BY THE TOWN UNDER ARTICLE X, SECTION 20 ' OF THE
COLORADO CONSTITUTION OR ANY OTHER LAW?
C. SHALL THE TOWN OF AVON BE AUTHORIZED WITHOUT ANY
INCREASE IN THE CURRENT RATE OF TOWN TAXES TO RECEIVE AND
EXPEND $450,000 ANNUALLY BEGINNING IN 1994 FOR THE PURPOSE OF
PAYING THE COSTS OF OPERATING, MAINTAINING, IMPROVING AND
-6-
EXPANDING AN AQUATIGRECREATION CENTER AND ALL ' NECESSARY
AND APPURTENANT FACILITIES, SUCH AMOUNT TO BE ABOVE THE
AMOUNT THE TOWN IS AUTHORIZED TO RECEIVE AND EXPEND
PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
IN WITNESS WHEREOF, the Town Council of the Town of Avon, in the County
of Eagle and State of Colorado, has caused this notice to be given as required by law this
1993.
(End of Form of Notice of Election)
-7-
Section 7. The designated election official shall cause the notice required by
Section 20(3)(b) of Article X of the Colorado Constitution to be prepared and transmitted
to the County Clerk. Such notice shall be in substantially the following form:
-8-
(Form of Additional Election Notice)
To: All Registered Voters
NOTICE OF ELECTION TO INCREASE DEBT AND
ON A REFERRED MEASURE
Election Date: Tuesday, November 2, 1993
Election Hours: 7:00 a.m. to 7:00 p.m.
A. SHALL THE TOWN OF AVON DEBT BE INCREASED BY AN AMOUNT
NOT TO EXCEED $3,900,000, WITH A REPAYMENT. COST NOT TO EXCEED
$8,410,800 FOR THE. PURPOSE OF ACQUIRING, CONSTRUCTING AND
EQUIPPING AN AQUATIGRECREATION CENTER- AND ALL NECESSARY
AND APPURTENANT FACILITIES; SUCH DEBT TO BE EVIDENCED BY THE
ISSUANCE OF BONDS OR BONDS ISSUED TO REFUND SUCH BONDS
PAYABLE FROM SUCH TOWN TAXES OR OTHER REVENUES AS THE
TOWN COUNCIL MAY DETERMINE, WITHOUT ANY INCREASE IN THE
CURRENT RATE OF ANY SUCH TAXES; SUCH BONDS TO BE SOLD IN ONE
SERIES OR MORE IN AN AGGREGATE AMOUNT NOT TO EXCEED THE
MAXIMUM AUTHORIZED.PRINCIPAL AMOUNT AND REPAYMENT COSTS,
ON TERMS AND CONDITIONS AS THE TOWN COUNCIL MAY DETERMINE,
INCLUDING PROVISIONS FOR THE REDEMPTION OF THE BONDS PRIOR
TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; AND
SHALL THE PROCEEDS OF SUCH BONDS AND THE REVENUES FROM
SUCH TAXES AND ANY EARNINGS FROM THE INVESTMENT OF SUCH
-9-
PROCEEDS AND REVENUES BE COLLECTED . AND SPENT WITHOUT
LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION
OR SPENDING OF ANY OTHER REVENUES OR FUNDS BY THE TOWN
UNDER_ ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR
ANY OTHER LAW?
B. SHALL THE TOWN OF AVON DEBT BE INCREASED BY AN AMOUNT
NOT TO EXCEED $1,700,000, WITH A REPAYMENT COST NOT TO EXCEED
$3,966,650 FOR THE PURPOSE OF ACQUIRING LAND FOR A PUBLIC
WORKS GARAGE AND MAINTENANCE FACILITY, SUCH DEBT TO BE
EVIDENCED BY THE ISSUANCE OF BONDS OR BONDS ISSUED TO
REFUND SUCH BONDS PAYABLE FROM SUCH TOWN TAXES OR OTHER
REVENUES AS THE TOWN COUNCIL MAY DETERMINE, WITHOUT ANY
INCREASE IN THE CURRENT RATE OF ANY SUCH TAXES; SUCH BONDS
TO BE SOLD IN ONE SERIES OR MORE IN AN AGGREGATE AMOUNT NOT
TO EXCEED THE MAXIMUM AUTHORIZED PRINCIPAL AMOUNT AND
REPAYMENT COSTS; ON TERMS AND CONDITIONS AS THE TOWN
COUNCIL MAY DETERMINE, INCLUDING , PROVISIONS FOR THE
REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR WITHOUT
PAYMENT OF A PREMIUM; AND. SHALL THE PROCEEDS OF SUCH BONDS
AND THE REVENUES FROM SUCH TAXES AND ANY EARNINGS FROM
THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED
AND SPENT WITHOUT LIMITATION OR CONDITION, AND WITHOUT
LIlVIITING THE COLLECTION OR SPENDING OF ANY OTHER REVENUES
OR FUNDS BY THE TOWN UNDER, ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION OR ANY OTHER LAW?
C. SHALL THE TOWN OF AVON BE AUTHORIZED WITHOUT ANY
INCREASE IN THE CURRENT RATE OF TOWN TAXES TO RECEIVE AND
EXPEND $450,000 ANNUALLY BEGINNING IN 1994 FOR THE PURPOSE OF
-10-
PAYING THE COSTS OF OPERATING, MAINTAINING, IMPROVING AND
EXPANDING AN AQUATIC/RECREATION CENTER AND ALL NECESSARY
AND APPURTENANT FACII.ITIES, SUCH AMOUNT TO BE ABOVE THE
AMOUNT THE TOWN IS AUTHORIZED TO RECEIVE AND EXPEND
PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
Local Election Office Address and Telephone Number:
Office of the Eagle County Clerk and Recorder
500.Broadway
Eagle, Colorado, 81631
(303) 328-8710
Total Town- fiscal year spending:
Year
1993 (estimated)
$ 9,459,512
1992 (actual)
$12,843,796
1991 (actual)
$11,477,787
1990 (actual)
$ 5,246,198
1989 (actual)
$ 3,714,164
Overall percentage change 154.6875%
Overall dollar change $5,745,348
-11-
Proposed Bonded Debt:
For Aquatic Center.
Principal Amount: Not to exceed $3,900,000
Maximum Annual Repayment Cost: Not to exceed $507;600
Total Repayment Cost: Not to exceed $8,410,800
For Public Works Facility:
Principal Amount Not to exceed $1,700,000
Maximum Annual Repayment Cost: Not to exceed $239,800
Total Repayment Cost: Not to exceed $3,966,650
Current Town Debt:
Principal Amount Outstanding. $ 6,070,847
Maximum Annual Repayment. Cost: $11,363,811
Remaining Total Repayment Cost $ 710,368
Information required by Article X, Section 20, 3(b)(v) of the Colorado Constitution, "Two
summaries, up to 500 words each, one for and one against the proposal, of written comments
filed with the election officer by 30, days before the election," follows.
The Town of Avon solicited citizen comments by advertising in the Vail Valley Times for two
consecutive, weeks.
[Insert summaries]
(End of Form of Additional Election Notice)
-12-
Section 8. The officers and employees of the Town are hereby authorized and
directed to take all action necessary or appropriate to effectuate the provisions of this
resolution.
Section 9. If any section, paragraph, clause or provision of this resolution shall for
any reason be held invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining provisions of this
resolution.
Section 10. All acts, orders and resolutions, and parts thereon inconsistent with - this
resolution be, and the same hereby are, repealed to the extent only -of such inconsistency.
This repealer shall not be construed to revive any act, order or resolution, or part thereof,
heretofore repealed.
PASSED AND ADOPTED this August
24 .1993.
- M or
(SEAT.)
-13-