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TC Resolution 17-13 Refering a Ballot Question Concerning Municipal Broadband ServiceRESOLUTION NO. 17-13 REFERRING A BALLOT QUESTION CONCERNING MUNICIPAL BROADBAND SERVICE AUTHORIZATION WHEREAS, Section 3.2 of the Avon Home Rule Charter states that the Council may call a special municipal election by resolution; and WHEREAS, the Avon Town Council finds that the authorization to provide municipal broadband service will substantially benefit the Avon community; and WHEREAS, the November 7, 2017, 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, the Avon Town Council has the right to refer any 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, November 7, 2017 for consideration of the following ballot question: "TOWN OF AVON BROADBAND SERVICE AUTHORIZATION WITHOUT INCREASING TAXES, SHALL THE TOWN OF AVON HAVE THE AUTHORITY TO PROVIDE, FACILITATE, PARTNER OR COORDINATE WITH SERVICE PROVIDERS FOR THE PROVISION OF, "ADVANCED (HIGH-SPEED INTERNET) SERVICE," "CABLE TELEVISION SERVICE," AND "TELECOMMUNICATION SERVICE," EITHER DIRECTLY, INDIRECTLY, OR BY CONTRACT, TO RESIDENTIAL, COMMERCIAL, NONPROFIT, GOVERNMENT OR OTHER "SUBSCRIBERS" AND TO ACQUIRE, OPERATE AND MAINTAIN ANY FACILITY FOR THE PURPOSE OF PROVIDING SUCH SERVICES, AND THEREBY RESTORING LOCAL AUTHORITY Res 17-13 Referring a Broadband Authorization Ballot Question to a Special Election July 11, 2017 Page 1 of 2 AND FLEXIBILITY THAT WAS RESTRICTED BY TITLE 29, ARTICLE 27, PART 1 OF THE COLORADO REVISED STATUTES? YES NO Section 2. Coordinated Mail Ballot Election. Special election on November 7, 2017 shall be conducted as a coordinated mail ballot election with Eagle County. Section 3. Town Clerk Authorization. The Town Clerk is authorized and directed to take all actions as necessary and appropriate to conduct a special election on November 7, 2017, as a coordinated election with Eagle County, in accordance with the law. The Town Clerk is further authorized to enter into an intergovernmental agreement on behalf of the Town of Avon with Eagle County for the purpose conducting a coordinated mail ballot election. Section 4. Town Clerk is Designated Election Official. 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. RESOLUTION INTRODUCED, READ, APPROVED AND ADOPTED ON JULY 11, 2017. _ By. , w4u'�—' Jennie Fancher, Mayor Attest: 1 Debbie Hoppe, Town Res 17-13 Referring a Broadband Authorization Ballot Question to a Special Election July 11, 2017 Page 2 of 2 �pWhd OF,q `S -EA L�` k ��ORADO_<�`