TC Resolution 22-19 Referring a Ballot Question for the Formation of the Eagle Valley Transit Authority to an Election of the Town of AvonA
Avon
COL OR A DO
RESOLUTION 22-19
REFERRING A BALLOT QUESTION FOR THE FORMATION OF THE
EAGLE VALLEY TRANSIT AUTHORITY TO AN ELECTION OF THE
TOWN OF AVON
WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended
("Act"), Colorado counties and municipalities are authorized to establish, by contract, regional
transportation authorities ("RTAs") to finance, construct, operate and maintain regional
transportation systems; and
WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as
amended, and Article XIV, Section 18 of the Colorado Constitution, governments may contract
with one another to provide any function, service or facility lawfully authorized to each of the
contracting units and any such contract may provide for the joint exercise of the function, service
or facility, including the establishment of a separate legal entity to do so; and
WHEREAS, enhancing regional transportation services for Avon residents, businesses and
visitors is a crucial step in meeting our community's workforce, economic and climate goals; and
WHEREAS, extensive input from local officials, businesses, employees, nonprofits and
community members have made clear that the creation of an RTA is a desirable way to plan,
finance, implement and operate a regional public transportation system that better meets the
needs of Avon community; and
WHEREAS, the Avon Town Council has completed at least two public hearings pursuant to
section 603(3) of the Act, and, by resolution dated May 24, 2022, approved the Town of Avon's
entry into an Intergovernmental Agreement by and among Beaver Creek Metropolitan District,
the Town of Avon, Eagle County, the Town of Eagle, the Town of Gypsum, the Town of
Minturn, the Town of Red Cliff, and the Town of Vail, establishing the Eagle Valley
Transportation Authority ("EVTA") as a Colorado RTA ("Intergovernmental Agreement") in
substantially the form presented to the Avon Town Council; and
WHEREAS, the RTA Formation Committee, of which Town of Avon is a member, provided
copies of the Intergovernmental Agreement to neighboring jurisdictions for review and comment
pursuant to section 603(1) of the Act, and received responses indicating no further action was
required pursuant to section 603(1.5) of the Act; and
WHEREAS, the RTA Formation Committee, provided a copy of the Intergovernmental
Agreement to the Colorado Department of Transportation for review and comment pursuant to
section 603(1) of the Act, and received a response from the Colorado Department requiring no
further action pursuant to section 603(1.5) of the Act; and
WHEREAS, the RTA Formation Committee subsequently made certain revisions to the
Intergovernmental Agreement to reflect critical input received at public hearings and through
additional stakeholder engagements; and
WHEREAS, the Avon Town Council has reviewed such revisions to the proposed
Intergovernmental Agreement; and
WHEREAS, the Avon Town Council supports such revisions and the collaborative approach
memorialized in the Intergovernmental Agreement and concurs that the proposed EVTA is
poised to improve transit service, increase ridership and efficiency across the valley's existing
transit agencies, provide affordable or free transit to Avon visitors and employee base, strengthen
the connection between the valley's different communities and advance Avon's climate action
goals by reducing car trips and increasing the use of electric public transportation; and
WHEREAS, section 603(4) of the Act provides that no contract establishing an RTA shall take
effect unless first submitted to a vote of the registered electors residing within the boundaries of
the proposed authority; and
WHEREAS, the Avon Town Council has agreed to seek voter approval of the establishment of
the EVTA; the baseline funding of the EVTA in accordance with Article 7 and the exemption of
certain Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado
Constitution ("TABOR") at an election to be held on November 8, 2022, that is conducted in
accordance with the Act and other applicable law; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF TOWN OF
AVON, STATE OF COLORADO:
THAT, the Avon Town Council hereby approves the Intergovernmental Agreement for signature
in the form attached as Exhibit B to this resolution.
THAT, the Avon Town Council hereby refers the ballot measure on the formation of the EVTA
at the election to be held on November 8, 2022, through the Clerk of Eagle County to the
appropriate registered electors residing within the boundaries of the proposed authority.
THAT, the Avon Town Council has concluded its separate review and consideration of ballot
language and hereby approves the ballot language in the form presented as Exhibit A to this
resolution, in its entity:
MOVED, READ AND ADOPTED by the Town Council of the Town of Avon, at its regular
meeting held on August 23, 2022.
,`o�yN OF AkpN
AVON TOWN COUNCIL
SEAL:
By: Attes c►�
arch Smith Hy s, Mayor ty A cKenn own Clerk L'( L�;��c,�`O
Res 22-19 Formation of Eagle Valley Transit Authority
Page 2 of 4
EXHIBIT A
(Ballot Language)
BALLOT ISSUE [2A] — [TOWN OF AVON]
FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY
SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY ("EVTA") TAXES BE
INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER
AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN
ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE
SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES
TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX
INCREASE SHALL COMMENCE ON JANUARY 1, 2023;
AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS
OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL
AGREEMENT (THE "EVTA IGA") AS MAY BE AMENDED FROM TIME TO TIME
BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED
CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE
PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN
ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO:
• EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION
OPTIONS ACROSS THE EAGLE VALLEY,
• ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER
COMMUNITIES;
• ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT;
• PROVIDING A FARE -FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING
AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL;
• REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND
SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES,
CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS
THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A
VOTER -APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION?
EXHIBIT B
(Eagle Valley Transportation Authority Intergovernmental Agreement)
Res 22-19 Formation of Eagle Valley Transit Authority
Page 4 of 4
Intergovernmental Agreement
Between the "le County Clerk and Recorder and
00Vt autm , Cslol?,�o
Concerning the Tuesday, November 8, 2022 General Election
THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and
CCVUTL concerning the Tuesday, November 8, 2022 General
Election is made on a11lSt z022
RECITALS
WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for
the General Election, and in accordance with state law, will conduct the General Election on behalf of all
participating political subdivisions having jurisdiction within the boundaries of Eagle County; and
WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the
General Election to enter into an agreement with the Clerk concerning the conduct of the General
Election, to be signed no later than seventy (70) days prior to the scheduled election; and
WHEREAS, the Political Subdivision intends to submit one or more ballot measure(s) and/or candidate
race(s) at the General Election; and
WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and
memorialize their agreement with respect to the conduct of the General Election.
NOW THEREFORE, in consideration of the above premises and the promises contained herein, the
parties agree as follows:
I. Coordinated and Designated Election Officials
A. Except as otherwise provided in this section, the Eagle County Clerk and Recorder ("Clerk") shall
act as the Coordinated Election Official for the conduct of the Election for the Political
Subdivision for all matters in the Uniform Election Code which require action by the
Coordinated Election Official.
Eagle County 2022 General Election IGA Page 1
6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the
Eagle Valley Enterprise, the Vail Daily, the Aspen Times Weekly, and El Montanes no later
than twenty (20) days prior to the Election.
7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and
logic and accuracy testing of Eagle County's voting system and components in substantial
compliance with Conditions of Use applicable to Eagle County's voting system as certified by
the Colorado Secretary of State.
B. Conduct of Election
1. The Clerk shall designate the proper number and locations of voter service and polling
centers. All voting locations will be accessible to voters with disabilities.
2. The Clerk shall provide for the security and processing of all mail ballots and for the
verification of electors' signatures on the self -affirmation printed on the mail ballot return
envelopes.
3. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted
mail and electronic transmitted ballots from military and overseas voters in substantial
compliance with the deadlines and delivery methods mandated by applicable provisions of
federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act,
all as amended.
4. The Clerk shall conduct the required post -election risk limiting audit.
5. The Clerk shall conduct any mandatory or permissive recount.
6. The Clerk shall appoint canvass board and risk limiting audit board members, oversee the
conduct of the canvass and risk limiting audit, and certify official results of the Election.
7. The Clerk shall provide an official Certification of Election to the Political Subdivision after
the official close of the Election. Any additional Certificates of Election which are required
by law to be forwarded to another division of government shall be the responsibility of the
Political Subdivision.
8. The Clerk shall preserve all election records relating to the Election for at least twenty-five
months pursuant to 1-7-802 C.R.S.
9. The Clerk shall be the final decision maker on any substantive and procedural issues
regarding the conduct of the Election.
C. Ballot Issue Notice ("TABOR Notice")
Eagle County 2022 General Election IGA Page 3
In connection with such Address Library Report verification and certification, the Political
Subdivision shall note any address ranges or street names within the Political Subdivision
that are inaccurately or incompletely stated in or omitted from the Address Library Report,
and certify on the Statement of Certification (Appendix C) the accuracy and completeness of
the remainder of the Address Library Report.
If the certification is not provided by the date specified herein, the Political Subdivision may
not participate in the Election or the Clerk may build the election on the assumption that
the Address Library Report attached hereto as Appendix B is both complete and accurate, as
the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its
Statement of Certification (Appendix C) and accuracy of the Address Library Report, with
notations regarding inaccuracies and omissions by the seventy (70) days before the
election, no later than 3:00 p.m. Mountain Standard Time on Tuesday August 30, 2022. Address
changes will not be allowed after this date.
C. Ballot Content
1. Definitions of Ballot Issue and Ballot Question:
a. TABOR "Ballot issue" means a state or local government matter arising under section 20
of article X of the state constitution, as defined in sections 1-41-102(4) and 1-41-103(4),
respectively.
b. "Ballot question" means a state or local government matter involving a citizen petition
or referred measure, other than a ballot issue.
2. The Political Subdivision shall be solely responsible for determining whether a ballot issue,
ballot question, candidate contest, or candidate is eligible and properly certified for the
ballot.
The Political Subdivision shall provide a certified copy to the Clerk of all ballot content
(candidate contests, ballot issues, and ballot questions in order) referred by the Political
Subdivision for the Election pursuant to section 1-5-203:
a. Notwithstanding any other provision of this Agreement, the Political Subdivision shall
not certify any single ballot issue or ballot question in excess of two hundred and fifty
words (inclusive of the title) unless the Clerk provides written consent in advance.
Notwithstanding any other provision of this Agreement, the Political Subdivision shall
not certify any single ballot issue or ballot question title in excess of ten (10) words
unless the Clerk provides written consent in advance.
c. Such certified ballot content and the signed resolution which authorizes the ballot
content shall be delivered to the Clerk as an email attachment in Word format (see
Eagle County 2022 General Election IGA Page 5
any errors within the text of their issue, question, or contest on the printed ballots.
g. The Political Subdivision authorizes the Clerk to correct typographical errors and
omissions and determine the appropriate ballot question number or letter upon
designation of the ballot number or letter by the Clerk.
h. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact
Officer in conformance with the following formatting guidelines:
i. Software: Microsoft Word '03 or later (not as a PDF)
ii. Spacing: Single
iii. Font Type: Arial Narrow
iv. Font Size: 12 point
V. Justification: Left
vi. All Margins: 0.5 inches
vii. Language: English
viii. Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and
stacey.iones@eaglecounty.us
Submissions not meeting these requirements may be rejected by the Clerk.
i. Spanish language translation of the ballot content must be submitted by the Political
Subdivision to the Clerk by 3:00 p.m. Mountain Standard Time on Friday, September 9,
2022. Spanish translation of TABOR Notice content is also required.
The Political Subdivision must provide an audio recording of each candidate's name. The
DEO or candidate may leave an audio recording of the candidate's name, exactly as
certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer
(970-328-8726). This audio recording must be provided no later than the deadline to
certify ballot content, Friday, September 9, 2022 by 3:00 p.m. Mountain Standard Time
(Appendix A).
D. Ballot Issue Notice ("TABOR Notice")
1. The Political Subdivision shall receive, store and prepare TABOR Notice content according to
the provisions set forth in Article X, Section 20 of the Colorado Constitution (TABOR
Amendment) and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S.
2. The Political Subdivision shall transmit via email the summaries, fiscal information, and all
other required material to the Clerk no later than forty-three (43) days, Monday,
September 26, 2022 (Appendix A) before the Election in final written form in accordance
with the formatting guidelines for ballot certification (see formatting bullet points listed in
section C.3.h). Submissions not meeting these requirements will be rejected by the Clerk.
Eagle County 2022 General Election IGA Page 7
The Political Subdivision shall exercise all reasonable diligence, care, and control in
providing these services to the Clerk.
The Political Subdivision's DEO or assigned representative shall assist with equipment logic
and accuracy testing, post -election canvass, and risk limiting audit as requested by the
Clerk.
The Political Subdivision shall give assistance and information to the Clerk on any matter to
ensure the smooth and efficient operation of the Election (such information not to include
legal advice).
4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are
necessary or appropriate to the performance of the above duties.
5. The Political Subdivision shall follow the additional responsibilities in which non-resident
property owners may be eligible to vote as set forth in Appendix D hereto.
IV. Miscellaneous
A. Costs
The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the
Election, including but not limited to costs incurred for supplies, printing, ballot insertion
and mailing, legal and other notices, temporary labor, compensation of election judges,
overtime pay for staff, and other expenses attributable to the Clerk's conduct of the
Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision
general estimates of cost but such estimates are not binding. The Political Subdivision is
responsible for the pro rata share of actual costs as determined by the Clerk.
The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses
reasonably incurred in connection with the preparation, printing, labeling, postage, and
mailing for the ballot issue notice. Said expenses shall be prorated among all Political
Subdivisions participating in the ballot issue notice.
The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct
costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to
remedy, resolve, or reconcile the Political Subdivision's failure or omission to timely
perform any of its obligations under this Agreement, without regard to whether the Political
Subdivision rescinds its intent to participate in the Election.
4. In the event an interested party is not liable for payment of costs incurred in connection
with a mandatory or permissive recount of, or election contest relating to, one or more
candidate contests, ballot issues or ballot questions certified by the Political Subdivision, the
Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by
Eagle County 2022 General Election IGA Page 9
• immediately upon hand delivery to Regina O'Brien, Clerk; or
• immediately upon receipt of confirmation that a fax or e-mail was received.
To Clerk: Regina O'Brien
Eagle County Clerk and Recorder
P.O. Box 537
Eagle, CO 81631
Fax: 970-328-8716
Email: regina.obrien@eaelecounty.us
Time is of the Essence
Per 1-7-116(2) C.R.S. this Agreement must be signed and returned to Regina O'Brien, Clerk and
Recorder, seventy (70) days before the Election, Tuesday, August 30, 2022 (Appendix A).
The statutory time requirements of the Uniform Election Code and the time requirements set by
the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the
completion of the tasks required by this Agreement.
In witness whereof, the Parties hereto have executed this Agreement to be effective this day:
(Date
c+.ti
Desi d Election Offi 'al Date
For I OW r L=�
(Political Subdivis(on)
Regina O'Brien
Eagle County Clerk and Recorder
Date
Eagle County 2022 General Election IGA Page 11
Appendix A — Continued (page 2)
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION
• Week of Monday, October 17, 2022 — Ballots may begin to be mailed, except for UOCAVA voters. 1-7.5-
107(3)(a)(1) C.R.S. 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and
Vail.
• Wednesday, October 19, 2022 — Property Owner Ballot Entities Only - Secure the supplemental Political
Subdivision Property Owner list from the Eagle County Assessor's Office
• Friday, October 21, 2022 - Property Owner Ballot Entities Only -Certify the revised supplemental Assessor's
list that excludes non -human entities and UOCAVA voters in Excel format to the County Clerk. Please submit
sooner if possible.
• Monday, October 24, 2022 — Vote Centers open. 1-5-102.9(2) C.R.S.
• Monday, October 31, 2022 — 8 days prior - Last day to register to vote to receive a mail ballot. After this
date voters may pick up ballots in person at any Vote Center. 1-2-201(3)(b)(III) C.R.S.
• Tuesday, November 8, 2022 — Election Day - Polls open 7:00 a.m. — 7:00 p.m. All ballots must be in the
hands of the Clerk by 7 p.m. Mountain Standard Time on Election Day to be counted.
• Wednesday, November 30, 2022 — Deadline to certify election results. Official results will be forwarded to
Political Subdivisions. 1-10-102(1), 1-10-103(1) C.R.S.
• Monday, February 6, 2023 — Last day for the Clerk to mail invoices to Political Subdivisions for their share of
election as well as any recount costs.
• Tuesday. February 28, 2023 — Last day for Political Subdivisions to submit payment for election and recount
costs to the Clerk's office.
Eagle County 2022 General Election IGA Page 13
Appendix C
STATEMENT OF CERTIFICATION — STREET LOCATOR REPORT
FOR NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION
I, C.— << Z as Designated Election Official
for_ �- _, (hereinafter "Political Subdivision") do hereby certify that the
Street Locator Report provided to the Political Subdivision has been reviewed, corrections made, and to the best
of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision.
I
Desig ;ated:E�ection Official ' nat re Date
for CLv
(Name of Political S bdivision)
Eagle County 2022 General Election IGA Page 15
1. Review the Street Locator Report provided from the Clerk's office (Appendix B).
2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and
are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the
Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk
no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 30, 2022, seventy (70) days
before the election. Please submit sooner if possible. The Political Subdivision is responsible for the
accuracy of this report.
Overseas and Military Voter List
1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk.
Property Owner List
1. Secure the Political Subdivision Property Owner list from the Eagle County Assessor's Office.
2. Remove all non -human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor's list.
3. Certify the revised Assessor's list that excludes non -human entities and UOCAVA voters in Excel format
to the County Clerk by Monday, September 12, 2022. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list
to determine if there are any Political Subdivision property owners on the UOCAVA list. It is the
responsibility of the Political Subdivision to certify the list of any UOCAVA property owners to the Clerk
by Monday, September 19, 2022, to ensure statutory delivery of UOCAVA property owner ballots
(NOTE: UOCAVA ballots must be sent by Saturday, September 24, 2022 (1-8.3-110(1) C.R.S.)).
5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor's
Office no later than Wednesday, October 19, 2022 (20 days before the election). This supplemental list
shall contain the names and addresses of all recorded owners who became owners no later than
Monday, October 17, 2022 (22 days prior to the election).
6. Certify the revised supplemental Assessor's list that excludes non -human entities and UOCAVA voters in
Excel format to the County Clerk by Friday, October 21, 2022. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
Responsibilities of the County Clerk and Recorder
1. After receiving the certified property owner list from the Political Subdivision, as well as the
Eagle County 2022 General Election IGA Page 17