TC Res. No. 2005-44 Resolution supporting Referendum 1AMemo
To: Honorable Mayor and Town Council
From: Patty McKenny, Town Clerk
Date: October 3, 2005
Re: Resolution No. 05-44, Resolution supporting Referendum 1A
Summary: Ron asked that the attached draft resolution the BoCC is considering adopting at its
October 11 meeting be placed on this agenda for your review and discussion.
TOWN OF AVON, COLORADO
RESOLUTION NO. 05-44
SERIES OF 2005
A RESOLUTION SUPPORTING REFERENDUM 1A (ESTABLISHING A HOME RULE
CHARTER COMMISSION FOR THE PURPOSE OF DEVELOPING A HOME RULE
CHARTER)
WHEREAS, the Board of County Commissioners for Eagle County, authorized by'.
section 30-11-502, C.R.S.; has placed before the registered electors the question of whether a
Home Rule Charter Commission ("Charter Commission") should be established for the purpose
of developing a proposed Home Rule Charter for, Eagle County;,and
WHEREAS, the Avon Town Council proposes to pass a resolution taking a position of
advocacy on a referred measure; and
WHEREAS, proposed Referendum 1A would provide a comprehensive review process
for possible improvement and reorganization of the current form of county government in Eagle
County; and
WHEREAS, the Avon Town Council wishes to support the passage of Referendum 1A to
begin this comprehensive review process not only to ensure the most effective form of local
government, but to also promote the progressive development and discussion of alternative
governmental structures that may be available through home rule; and
WHEREAS, the Avon Town Council is not advocating a position as to the final adoption
of a yet to be determined charter for Eagle County. Rather, the Avon Town Council is
advocating that the review and discussion process commence through the passage of
Referendum 1A.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF. AVON TOWN COUNCIL,
COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Avon Town Council hereby supports and encourages voters to approve
proposed Referendum 1A (Establishing a Home Rule Charter Commissioner for the Purpose of
Developing a Home Rule Charter) at this year's coordinated election to be held on November 1,
2005.
ADOPTED by the Town of Avon Town Council, County of Eagle, and State of Colorado,
at its regular meeting held the 11th day of October 2005.
Town of Avon, Colorado
Ronald C. Wolfe, Mayor
Attest:
Patty McKenny, Town Clerk
WHITE PAPER ON COUNTY HOME RULE
Procedure Steps (C.R.S. 30-11-501 et seq.)
• Adoption of resolution by county commissioners or submission of petition signed by five
percent of registered electors
• Election on question whether a charter commission elected - county commissioners must
divide county into three districts, equal in population, for purpose of electing charter
commission members - so long as Eagle County is under 50,000 population, eleven
members, three from each district and two at large - election to create charter commission
and elect charter commissioners
• Charter commission meets within 30 days and presents to the county commissioners a
proposed charter within 240 days after initial meeting
• County commissioners conduct three public hearings at intervals of 15-30 days
• Within ten days, charter commission incorporates any amendments and forwards proposed
charter to board
• Special election on charter - if approved, becomes effective January 1 of following year
Differences Between Statutory and Home Rule Counties (CRS 30-35-101 et seg )
• Home rule counties may create own structure of county officials - board of county
commissioners may be increased in number - other county officers may be appointed rather
than elected
• Powers are expanded so as to make home rule county more like a municipality. - for
example, may adopt model traffic code - granted general powers of eminent domain - more
extensive bonding provisions
• County commissioners of home rule county may by resolution create special taxing districts
when service or level of service which the county is authorized to provide is to be provided
in substantially less than the entire area of the county - amounts to a half-way step short of
incorporation as municipality so as to provide additional county services required by
Edwards, as example - TABOR would require an election for creation of the district - as a
practical matter, unlikely to happen unless residents of proposed district sold on need to
increase and pay for higher level of county services
General Comments
In 22 years, only two home rule counties have been created, in Weld and Pitkin
Counties. From county point of view, process is complicated and time-consuming while end result
accomplishes much less than municipal home rule. By statute, statutory counties having a
population over 70,000 may by election increase the membership of the board of county
commissioners to five. An alternative to petitioning for home rule is to seek to have that statute
amended to lower the population threshold.
The most recent county to consider home rule was Mesa County. Contact with
Grand Junction may be helpful. Summit County has attempted home rule but, according to the
Municipal League, the proposal was defeated by elected county officials, who would have been
appointed under the proposed charter.
JWD:ipse