TC Res. No. 1994-26RESOLUTION NO. 94-26
Series of 1994
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, Article X, Section 20 of the Constitution ("Amendment 1 limits Town
spending; and
WHEREAS, Amendment 1 also requires the Town to submit ballot questions (as
defined in Amendment 1) to the Town's electors on limited election days before action can be taken
on such ballot questions; and
.WHEREAS, Amendment 1 allows the consolidation, of ballot issues (except for
petitions, bonded debt, or charter or constitutional provisions); and
WHEREAS, Amendment 1 permits the eligible electors of the Town to approve a
delay of up to-four years in voting on ballot issues; and
WHEREAS, the Council is of the opinion that the Town should ask its voters for
authorization to delay votes on various ballot issues (as defined by Amendment 1) and to keep and
spend revenues collected by the Town regardless of any limitation'contained in Amendment 1 for
a period of four years beginning January 1, 1995; and
WHEREAS, pursuant to Section 3.2 of the Town Charter, the Town's regular
municipal election will be held on November 8, 1994; and
WHEREAS, November 8, 1994, also is one of the election dates at which ballot
issues 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 8, 1994, a
coordinated election pursuant to Section 1-7-116, C.R.S.; and
tr
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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 94-15, Series of 1994, the Council has elected to participate in
the coordinated election on November 8, 1994, pursuant to the Uniform Election Code of 1992.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, IN THE COUNTY OF EAGLE, STATE OF COLORADO:
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 the regular municipal election to be held on November 8, 1994
(the "election"), there shall be submitted to the eligible electors of the Town the question of
approving a delay of up to four years in voting on certain ballot issues and of increasing Town
-.spending above the limits of Amendment 1 through the end of 1998.
Section 4. The question to be submitted to the eligible electors of the Town shall be
:,in substantially, the following-form:
SHALL THE TOWN OF AVON BE AUTHORIZED TO TAKE ACTION ON ALL
SPENDING AND REVENUE RAISING MEASURES WHICH ARE LIMITED BY
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION WITHOUT
AN ELECTION UNTIL NOVEMBER 10, 1998, EXCEPT WHERE SALES OR
USE TAX RATE INCREASES AND PROPERTY TAX RATE INCREASES ARE
DEEMED NECESSARY, SUCH PROPOSED RATE INCREASES SHALL BE
SUBMITTED TO THE VOTERS, UNLESS OTHERWISE ALLOWED BY LAW;
AND SHALL THE TOWN OF AVON BE PERMITTED TO KEEP AND SPEND
ALL REVENUES COLLECTED BY THE TOWN THROUGH 1998
REGARDLESS OF ANY LIMITATION CONTAINED IN ARTICLE X, SECTION
20; AND TO THEREAFTER UTILIZE 1998 FISCAL YEAR SPENDING AND
PROPERTY TAX REVENUES AS THE BASE UPON WHICH THE
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SUBSEQUENT YEAR'S SPENDING AND REVENUE SHALL BE LIMITED
PURSUANT TO ARTICLE X, SECTION 20?
PASSED AND ADOPTED this September 6, 1994.
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(SEAL)
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