TC Res. No. 2014-35 Referring Ord. No.14-17 to a Special Election1
RESOLUTION NO. 14-35
SERIES OF 2014
A RESOLUTION REFERRING ORDINANCE NO. 14 -17 TO A SPECIAL ELECTION
WHEREAS, the Avon Town Council adopted Ordinance No. 14 -17 AN ORDINANCE
AUTHORIZING THE FINANCING OF CERTAIN PUBLIC IMPROVEMENTS OF THE
TOWN, AND IN CONNECTION THEREWITH AUTHORIZING THE LEASING OF
CERTAIN TOWN PROPERTY AND THE EXECUTION AND DELIVERY BY THE TOWN
OF A SITE AND IMPROVEMENT LEASE, A LEASE PURCHASE AGREEMENT, A
DISCLOSURE CERTIFICATE, A PRELIMINARY OFFICIAL STATEMENT AND OTHER
DOCUMENTS AND MATTERS RELATING TO CERTAIN CERTIFICATES OF
PARTICIPATION, SERIES 2014A; SETTING FORTH CERTAIN PARAMETERS AND
RESTRICTIONS WITH RESPECT TO THE FINANCING; AUTHORIZING OFFICIALS OF
THE TOWN TO TAKE ALL ACTION NECESSARY TO CARRY OUT THE
TRANSACTIONS CONTEMPLATED HEREBY; RATIFYING ACTIONS PREVIOUSLY
TAKEN; AND PROVIDING OTHER MATTERS RELATED THERETO on second and final
reading on October 14, 2014; and
WHEREAS, Section 7.2 of the Avon Home Rule Charter sets forth the citizens rights of
referendum in the Town of Avon; and
WHEREAS, a petition for referendum ( "Petition ") protesting the adoption of Ordinance No. 14-
17 was submitted on November 12, 2014 and the Avon Town Clerk determined that the Petition
has a sufficient amount of valid signatures and referred Ordinance No. 14 -17 to the Avon Town
Council for reconsideration; and
WHEREAS, the Avon Town Council reconsidered Ordinance No. 14 -17 at a special meeting
held on November 18, 2014, and determined not to repeal Ordinance No. 14 -17 and is thereby
required to refer Ordinance No. 14 -17 to an election in accordance with Section 7.2(b); and
WHEREAS, the Avon Town Council has the right to refer any ordinance or question on its own
motion to a special election; and
WHEREAS, the Avon Town Council has the right to determine the title and ballot question; and
WHEREAS, Colorado Revised Statute §1 -7.5 -104 authorizes the governing board of a political
subdivision other than a county to determine to conduct an election as a mail ballot election.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Special Election, Title and Ballot Question. A special election is hereby called
to be held on Tuesday, January 20, 2015 for consideration of the following ballot question:
Res 14 -35 Referring Ord. No. 14 -17 to a Special Election
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Referendum on Ordinance No. 14 -17
Shall Ordinance No. 14 -17 be approved and thereby authorize
the Town of Avon to utilize certificate of participation
financing to acquire the Skier Building and complete interior
finishing?
YES
Section 2. Mail Ballot Election. Special election on January 20, 2014 shall be conducted as
a mail ballot election subject to rules promulgated in accordance with Article 4 of Title 24 of the
Colorado Revised Statutes.
Section 3. Town Clerk. The Town Clerk is authorized and directed to take all actions as
necessary and appropriate to conduct a mail ballot election on January 20, 2015, in accordance
with the law.
RESOLUTION INTRODUCED, READ, APPROVED AND ADOPTED ON NOVEMBER
18,20141-
By: d 3rrvu, Mayor Debbie Hoppe
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Res 14 -35 Referring Ord. No. 14 -17 to a Special Election
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