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
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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
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