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TC Res. No. 2015-15 Avon Referring a Ballot Question to Authorize the Sale of Town PropertyTOWN OF AVON, COLORADO RESOLUTION NO. 15 -15 SERIES 2015 A RESOLUTION OF THE TOWN OF AVON REFERRING A BALLOT QUESTION TO AUTHORIZE THE SALE OF TOWN PROPERTY WHEREAS, Avon Town Council desires to convey municipally owned property located in Tract G on the Avon Main Street Mall; and WHEREAS, Section 18.3 of the Avon Home Rule Charter states, "The Town shall not sell or dispose of municipally -owned buildings or real property in use for public purposes without first obtaining the approval of a majority of the electors voting thereon. "; and WHEREAS, November 3, 2015, is the date of a scheduled election to be conducted by the County of Eagle which may be conducted as a coordinated election with the Town of Avon; and WHEREAS, §31- 11- 111(2) authorizes the Town to submit any question to the vote of the registered voters of the municipality by adoption of a resolution; and WHEREAS, pursuant to §31- 10- 102.7, C.R.S., of the Colorado Municipal Election Code of 1965 and Section 1.12.010 of the Avon Municipal Code, the Town has determined to utilize the requirements of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1, C.R.S. (the "Uniform Election Code "), and to coordinate a regular municipal election with Eagle County; and WHEREAS, Avon Partners H Limited Liability Company has agreed to pay for the costs of a coordinated election that are charged to the Town of Avon by Eagle County; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: Section 1. Pursuant to the applicable provisions of the laws of the State of Colorado and the Town Charter, the Town Council hereby submits to the registered electors of the Town, at such regular Town election to be held on November 3, 2015 (the "election") the follow ballot issue: Ballot Title: "Authorizing the Sale of 3,075 square feet of Town of Avon property." Ballot Question: "Shall the Town of Avon be authorized to sell 3,075 square feet of Tract G adjacent to The Seasons at Avon building to Avon Partners II Limited Liability Company in accordance with Section 18.3 of the Avon Home Rule Charter, for an amount not less than fair market value as determined by an appraiser acceptable to the Avon Town Council, for the purpose of facilitating investment in a mixed -use redevelopment project at the Seasons at Avon? Yes '-7 ME Resolution Referring a Ballot Question to Authorize Sale of Town Property August 25, 2015 Page 1 of 2 Section 2. The Town Clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the election. The Town Clerk is further authorized to approve and execute an intergovernmental agreement with Eagle County, Colorado to conduct a coordinated election. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon, Colorado, on August 25, 2015. TOWN COUNCIL: By: ennie Fancher, Mayor ATTEST: By: Debbie Hoppe, Town Clerk Resolution Referring a Ballot Question to Authorize Sale of Town Property August 25, 2015 Page 2 of 2