TC Res. No. 2009-27 SUPPORT OF EAGLE COUNTY REFERRED MEASURE lATOWN OF AVON
RESOLUTION NO. 09 -27
SERIES OF 2009
A RESOLUTION IN SUPPORT OF EAGLE COUNTY REFERRED MEASURE lA
(THE ENERGY SMART LOCAL IMPROVEMENT DISTRICT)
WHEREAS, Eagle County is seeking to establish an "Energy Smart Local Improvement
District" in order to create a financing pool to fund renewable energy and energy efficiency
improvements within the County; and
WHEREAS, the Energy Smart Local Improvement District ( "the District ") requires voter
approval for Eagle County to issue up to a maximum of $10 million in special assessment bonds;
and
WHEREAS, the District will provide a voluntary mechanism for commercial and residential
property owners in the Town of Avon to finance renewable energy and energy efficiency
improvements to their properties if the voters of Avon choose to participate in the District; and
WHEREAS, loans obtained through the District are not funded through a county -wide tax
increase, but are repaid by a special property tax assessment on individual properties that obtain
financing from the District; and
WHEREAS, the Town of Avon's vision is to provide a high quality of life, today and in the
future, for a diversity of people and interests; and to promote their ability to live, work, visit, and
recreate in the community; and
WHEREAS, the Town of Avon Comprehensive Plan incorporates the following Goals and
Policies:
Goal K 4: Conserve environmental resources to ensure their most efficient use.
Policy H.4.3: Require use of innovative and environmentally friendly appliances and
building techniques, including water conservation approaches, for new
and existing development.
Goal J 3.1: Encourage the broad participation of citizens in planning efforts and
decision - making.
Policy J.3.2:- Build awareness of upcoming events, planning processes, and
decisions.
WHEREAS, the Avon Town Council finds that voter approval of the Energy Smart Local
Improvement District will promote the goals and policies of the Avon Comprehensive Plan and
will thereby promote the health, safety, and general welfare of the Avon community;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town Council of the Town of Avon hereby supports
the Eagle County Referred Measure 1A in order to ensure that Avon property owners may be
able to finance renewable energy or energy efficiency improvements on their property if they so
choose.
ACCEPTED, APPROVED AND ADOPTED ON OCTOBER 13, 2009.
TOVOUNCIL: ATTEST:
By: Ronald C. Wolfe, M yor By: fatty . McK�y, Town Clerk
WIDNER MICHOW & COX-
ATTORNEYS AT LAW
MEMORANDUM
TO: Honorable Mayor Wolfe and Town C cil members
CC: Larry Brooks, Town Manager
FROM: Kathie Guckenberger, Parale
THROUGH: Eric Heil, Town Attorney
DATE: October 7, 2009
SUBJECT: Resolution supporting Eagle County Referred Measure 1A
Summary: The Avon Town Council was requested to endorse Eagle County's Referred
Measure 1A (the Energy Smart Local Improvement District) by the adoption of a
resolution. The Town of Avon may pass a resolution or take a position of advocacy
regarding ballot issues, referred measures, or certified recall measures under the
Colorado Fair Campaign Practices Act.
Legal Analysis: The Colorado Fair Campaign Practices Act prohibits political
subdivisions from contributing to campaigns involving the nomination, retention, or
election of any person to any public office. C.R.S. §1- 45- 117(1)(a)(1). Political
subdivisions may also not expend any public moneys from any source nor make any
contributions to urge electors to vote in favor of or against any state -wide or local ballot
issues that have been submitted for the purpose of having a title fixed or that has had a
title fixed pursuant to C.R.S. §31 -1 -111, referred measures, or certified recall measures.
/bid. However, the law specifically states that nothing in subsection (1) shall be
construed as prohibiting [a political subdivision of the state] from passing a resolution or
taking a position of advocacy on ballot issues, referred measures, or certified recall
measures. C.R.S. §1- 45- 117(1)(b)(111)(A). Moreover, political subdivisions may also
report the passage of or distribute such a resolution through established, customary
means, other than paid advertising, by which information about other proceedings of the
political subdivision are regularly provided to the public. C.R.S. §1-45- 117(1)(b)(III)(B).
A carefully worded resolution by a town's voting body in support of a proposed
referendum does not violate the Fair Campaign Practices Act.
Requested Action: Consideration of resolution endorsing Eagle County referred
measure 1 A.
0
Widner Michow & Cox L.LP Eric Heil, Esq., A.I.C.P.
13133 East Arapahoe Road, Suite 100 Direct Tel 303.754.3392
Centennial, CO 80112 eheil @wmcattorneys.com