TC Res. No. 1995-42RESOLUTION NO. 95- 4 2
Series of 1995
A RESOLUTION AMENDING RESOLUTION NO. 95-41.
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, pursuant to Resolution No. 95-41, adopted on August 22, 1995 (the
"Original Resolution"), the Council previously called a special election and determined to submit
certain ballot questions to its eligible electors as required by Article X, Section 20 of the Colorado
Constitution ('.'Amendment 1 and
WHEREAS, one such question (designated as Question 2 in Section 4 of the Original
Resolution) relates to voter approval of an annexation and development agreement (the
"Agreement") with the developers of Avon Village as a multiple-fiscal year obligation; and
WHEREAS, the Council now desires to amend the Original Resolution in order to
amend the form of such question.
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 the Uniform Election Code of 1992, Title 1, Articles 1 through 13, C.R.S., as
amended.
Section 3. Section 4 of the Original Resolution is hereby amended to read as
follows:
"Section 4. The Council hereby authorizes and directs the designated
election official to certify to the County Clerk, on or before September 12, 1995, the
questions, in substantially the form hereinafter set forth. Such questions' shall be
submitted to the eligible electors of the Town at the election in the substantially the
following form:
Question I
SHALL THE TOWN OF AVON, WITHOUT INCREASING THE
RATES OF TAXATION OR ADDING NEW TAXES, BE
AUTHORIZED TO COLLECT, RETAIN AND SPEND AS A
VOTER-APPROVED REVENUE - CHANGE- AND AN
EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE
APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION, THE REVENUES GENERATED BY THE
TOWN'S SALES, USE, PROPERTY, REAL ESTATE `TRANSFER
AND ACCOMMODATIONS TAXES AND OTHER TAXES AND
FEES FROM THE PROPERTY PROPOSED TO BE ANNEXED
TO THE TOWN, AS GENERALLY DESCRIBED IN
RESOLUTION NO. 95-41, AND COMMONLY REFERRED TO
AS AVON VILLAGE, FOR PUBLIC PURPOSES AND WITHOUT
LIMITATION UNDER ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION?
Question
SHALL THE TOWN OF AVON BE AUTHORIZED, SOLELY
FROM THE NEW SALES TAX REVENUES GENERATED BY
PROPERTY PROPOSED TO BE ANNEXED TO THE TOWN,
COMMONLY KNOWN AS AVON VILLAGE, TO COLLECT,
RETAIN AND SPEND AT LEAST 75% OF SUCH NEW
REVENUES FOR THE GENERAL BENEFIT OF THE CITIZENS
OF THE TOWN AND TO USE NOT MORE THAN 25% OF SUCH
NEW REVENUES, BUT ONLY AFTER RECEIPT OF SUCH
REVENUES,' TO PAY THE COSTS TO ACQUIRE AND
CONSTRUCT ALL NECESSARY PUBLIC STREET
IMPROVEMENTS ASSOCIATED WITH SUCH ANNEXED
PROPERTY, WHICH IS GENERALLY DESCRIBED IN
RESOLUTION NO. 95-41 (AVON VILLAGE), PURSUANT TO A
MULTIPLE-FISCAL YEAR FINANCIAL OBLIGATION FOR A
TERM NOT TO EXCEED 20 YEARST'
Section 4. Except as explicitly amended herein, all provisions of the Original
Resolution shall remain in full force and effect.
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Section 5. 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 6. 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 7. All acts, orders and resolutions, and parts thereof, 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.
(SEAL)
Attest:
PASSED AND ADOPTED this September 5, 1995.
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
I, the Town Clerk of the Town of Avon, Colorado (the "Town"), do hereby certify:
1. The foregoing pages numbered -1- through -3-, inclusive, are a true and
correct copy of a resolution (the "Resolution") passed and adopted. by the Town Council (the
"Council") of the Town at a special meeting of the Council held on September 5, 1995.
2. The Resolution was duly moved and seconded - and the Resolution was
adopted at the special meeting of September 5, 1995, by an affirmative vote of a majority of the
members of the Council as follows:
Those Voting Aye: Jim Benson _
Richard Carnes'
Jack Fawcett
Tom Hines
Celeste C. Nottingham
Judy Yoder
Those Voting Nay:
Those Absent:
Those Abstaining:
3. The members of the Council were given notice of the 'special meeting as
required by law, were present at such meeting and voted on the passage of such Resolution as set
forth above.
4. The Resolution was approved and authenticated by the signature of the Mayor,
sealed with the Town seal, attested by the Clerk and recorded in the minutes of the Council.
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5. There are no bylaws, rules or regulations of the Council which might prohibit -
the adoption of said Resolution.
6. Notice of the special meeting of September 5;1995 in the form attached
hereto as. Exhibit A was posted at the Town Hall, Avon, Colorado, not less than 24 hours prior to
the meeting in accordance with law.
WITNESS my hand and the seal of said Town affixed this - 6 thday of September,
1995.
(SEAL)
Clerk
EXHIBIT A TOWN OF AVON
SPECIAL ,COUNCIL MEETING AGENDA
SEPTEMBER 5, 1995 - 6:30 PM
1. Call to Order / Roll Call
2., Citizen Input
3. Avon Village Annexation
A. Ordinances
5. Resolutions
a.) Resolution No 95-42, Series of 1995 A RESOLUTION AMENDING
RESOLUTION NO. 95-41 (Bill James)
6. Unfinished Business
7. New Business
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda
12. Adjournment