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TC Ord. No. 1990-020 9 ORDINANCE NO. 90-2 AN ORDINANCE FOR THE TOWN OF AVON, COLORADO, INITIATING CHARTER AMENDMENTS TO EXEMPT BONDS PAYABLE FROM IMPOSITIONS OTHER THAN GENERAL PROPERTY TAXES FROM ELECTION AND DEBT LIMIT PROVISIONS OF THE CHARTER AND TO EXEMPT GENERAL OBLIGATION BONDS FOR HOUSING FROM ELECTION AND DEBT LIMIT PROVISIONS OF THE CHARTER, SUBJECT TO A SEPARATE DEBT LIMIT FOR SUCH BONDS; SUBMITTING SUCH CHARTER AMENDMENTS TO THE REGISTERED ELECTORS OF THE TOWN AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MAY 15, 1990. WHEREAS, the Town of Avon (the "Town"), in the County of Eagle, and State of Colorado, is a municipal corporation duly organized and existing under Article XX of the Constitution of the State of Colorado; and WHEREAS, the Town's Charter. (the "Charter") was duly adopted at a special election held in the Town on June 13, 1978; and WHEREAS, Chapter XIV of the Charter governs the issuance of bonds and other evidences of indebtedness of the Town, and the existing provisions thereof do not unambiguously authorize the issuance of such obligations payable from Town taxes, fees and other impositions, other than general property taxes, without an election and without regard to the Charter's limitation on indebtedness; and WHEREAS, there is a severe shortage of affordable rental housing in the Town and neighboring areas; and WHEREAS, the Town Council (the "Council") deems it in the best interests of the Town and its inhabitants to amend the Charter to permit (a) the issuance of securities payable from Town taxes, fees and other impositions, other than general property taxes, without an election and without regard to the Charter's limitation on indebtedness, and (b) the issuance of general obligation securities for the purpose of acquiring, constructing or equipping rental housing to be owned by or on behalf of a governmental entity and acquiring land therefor without an election and, subject to a separate limitation on such indebtedness, without regard to the Charter's existing limitation on indebtedness; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, permits the Council to initiate a Charter amendment by ordinance; and WHEREAS, the Council hereby determines to hold a special election on May 15, 1990, for the purpose of submitting the Charter amendments proposed by this ordinance to the registered electors of the Town; and WHEREAS, no similar Charter amendment has been submitted to and rejected by the registered electors of the Town within the preceding twelve months. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: -2- Section 1. All action heretofore taken by the Council and officers of the Town, not inconsistent with the provisions of this ordinance and toward the special election herein authorized, is hereby ratified, approved and confirmed. Section 2. Two proposals (as set forth in Section 4 hereof) to amend the Charter of the Town shall be submitted to a vote of the registered electors of the Town on the ballot of the special municipal election of May 15, 1990 (the "election"). The provisions of the Colorado Municipal Election Code of 1965 shall govern the election, except as by the Charter otherwise provided. Section 3. The proposals shall be submitted to the registered electors by paper ballot, which shall be in substantially the following form: -3- • • (Form of Front of Paper Ballot) QUESTION NO. 1 as follows: Shall Section 14.5 of the Charter of the Town of Avon be amended to read Section 14.5 Funding of Revenue Bonds. In addition to the provisions of Section 14.4 relating to Revenue Bonds, the Town shall have the authority to issue revenue bonds payable from the revenue and income of the project, facility, or improvement to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the available proceeds of any Town tax, fee or other imposition, other than general property taxes, which may be imposed pursuant to this Charter, which bonds shall not be subject to the election requirement or other restrictions contained in Section 14.3 or to the limitation of indebtedness contained in Section 14.7. FOR the Charter Amendment AGAINST the Charter Amendment QUESTION NO. 2 Shall Chapter XIV of the Charter of the Town of Avon be amended by the addition of a new Section 14.10 as follows: Section 14.10 Housing Bonds. Notwithstanding the provisions of Section 14.3 and Section 14.7 of this Charter, general obligation bonds or other evidences of indebtedness issued for the purpose of acquiring, constructing or equipping rental housing to be owned by or on behalf of a governmental entity and acquiring land therefor (a) may be issued without an election and upon an approving vote of two-thirds (213) of the entire Council, without the restrictions contained in Section 14.3, and (b) shall not be subject to the limitation of indebtedness set forth in Section 14.7, provided that the aggregate outstanding principal amount of such bonds does not exceed fifteen per cent (15%) of the assessed valuation of the taxable property within the Town as shown by the last preceding assessment for Town purposes. -4- • FOR the Charter Amendment AGAINST the Charter Amendment To record your vote, make a cross (X) in the square opposite and at the right of the words expressing your choice on the question. If you wrongfully mark, tear or deface this ballot, return and obtain another. (End of Form of Front of Paper Ballot) (Form of Back of Paper Ballot) Official ballot of the Town of Avon, Colorado, for the special election held on Tuesday, May 15, 1990. _ (Facsimile Si nature) Town Clerk (End of Back of Paper Ballot) -5- i • Section 4. (a) Effective immediately upon the canvass of the votes at the election, and upon the affirmative vote of a majority of the registered electors voting at the election on Question No. 1 as set forth in the form of ballot in Section 3 hereof, Section 14.5 of the Charter shall be amended to read as follows: Section 14.5 Funding of Revenue Bonds. In addition to the provisions of Section 14.4 relating to Revenue Bonds, the Town shall have the authority to issue revenue bonds payable from the revenue and income of the project, facility, or improvement to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the available proceeds of any Town tax, fee or other imposition, other than general property taxes, which may be imposed pursuant to this Charter, which bonds shall not be subject to the election requirement or other restrictions contained in Section 14.3 or to the limitation of indebtedness contained in Section 14.7. (b) Effective immediately upon the canvass of the votes at the election, and upon the affirmative vote of a majority of the registered electors voting at the election on Question No. 2 as set forth in the form of ballot in Section 3 hereof, Chapter XIV of the Charter shall be amended by the addition of a new Section 14.10 to read as follows: Section 14.10 Housing Bonds. Notwithstanding the provisions of Section 14.3 and Section 14.7 of this Charter, general obligation bonds or other evidences of indebtedness issued for the purpose of acquiring, constructing or equipping rental housing to be owned by or on behalf of a governmental entity and acquiring land therefor (a) may be issued without an election and upon an approving vote of two-thirds (2/3) of the entire Council, without the restrictions contained in Section 14.3, and (b) shall not be subject to the limitation of indebtedness set forth in Section 14.7, provided that the aggregate outstanding principal amount of such bonds does not exceed fifteen per cent (15%) of the assessed valuation of the taxable property within the Town as shown by the last preceding assessment for Town purposes. -6- Section 5. Electors of the Town may vote in the election by absent voter's ballot under the terms and conditions prescribed in Part 10 of Article 10 of Title 31, Colorado Revised Statutes. An application for an absent voter's ballot may be made orally or in writing with the Town Clerk not later than the close of business on May 11, 1990. Section 6. No vote shall be received or permitted by the judges of the election unless the person offering the same shall be a qualified elector of the Town (that is, a person who has attained the age of 18 years, is a citizen of the United States, has resided in the State of Colorado for 25 days and has resided in the municipal election precinct in the Town for 25 days immediately preceding the election) and is so registered as provided by law. Section 7. The Town Clerk shall give public notice concerning registration requirements for the election by causing a notice of registration to be published in the Vail Trail, a legal newspaper of general circulation in the Town, on April 13, 1990. Such notice shall be in substantially the following form: -7- • • (Form of Notice of Registration) PUBLIC NOTICE OF REGISTRATION FOR SPECIAL ELECTION TOWN OF AVON, COLORADO LAST REGISTRATION DATE: APRIL 20, 1990 PUBLIC NOTICE IS HEREBY GIVEN that the registration list to be used in connection with a special election for the Town of Avon, Colorado, to be lield on Tuesday, May 15, 1990, shall contain the names of electors whose names appear on the registration list at the close of business at the office of the County Clerk of Eagle County on April 20, 1990. Any qualified elector of the Town who is not registered and who desires to vote at the special election may register on or before April 20, 1990, during regular office hours, at the office of the County Clerk at the Eagle County Courthouse in Eagle, Colorado, or at the office of the Town Clerk in the Town Hall in Avon, Colorado. By order of the Town Council of the Town of Avon, in the County of Eagle and State of Colorado, on April 10, 1990. /s/ Patricia J Doyle Town Clerk (End Form of Notice of Registration) -8- Section 8. The Town Clerk shall give public notice of the election and of registration requirements in connection therewith: A. By causing the notice to be published in the Vail Trail on April 13, 1990; and B. By posting, or causing to be posted, conspicuously, on or before May 4, 1990, a written or printed copy of said notice at the office of the Town Clerk; and C. By causing the notice to be published in the Vail Trail on May 4, 1990. The notice shall be in substantially the following form: -9- (Form of Election Notice) NOTICE OF SPECIAL ELECTION OF THE TOWN OF AVON, COLORADO TO BE HELD ON TUESDAY, MAY 1.5, 1990 PUBLIC NOTICE IS HEREBY GIVEN that at a special election to be held on Tuesday, May 15, 1990 in the Town of Avon, Colorado there will be submitted to the duly registered qualified electors of the Town the following questions: QUESTION NO 1 Shall Section 14.5 of the Charter of the Town of Avon be amended to read as follows: Section 14.5 Funding of Revenue Bonds. In addition to the provisions of Section 14.4 relating to Revenue Bonds, the Town shall have the authority to issue revenue bonds payable from the revenue and income of the project, facility, or improvement to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the available proceeds of any Town tax, fee or other imposition, other-than general property taxes, which may be imposed pursuant to this Charter, which bonds shall not be subject to the election requirement or other restrictions contained in Section 14.3 or to the limitation of indebtedness contained in Section 14.7. QUESTION NO 2 Shall Chapter XIV of the Charter of the Town of Avon be amended by the addition of a new Section 14.10 as follows: Section 14.10 Housing Bonds. Notwithstanding the provisions of Section 14.3 and Section 14.7 of this Charter, general obligation bonds or other evidences of indebtedness issued for the purpose of acquiring, constructing or equipping rental housing to be owned by or on behalf of a governmental entity and acquiring land therefor (a).may be issued without an election and upon an approving vote of two-thirds (2/3) of the entire Council, without the restrictions contained in Section 14.3, and (b) shall not be subject to the limitation of indebtedness set forth in Section 14.7, provided that the aggregate outstanding principal amount of such bonds does not exceed fifteen per cent (15%) of the assessed -10- • • valuation of the taxable property within the Town as shown by the last preceding assessment for Town purposes. The registration list to be used in connection with the election shall contain the names of qualified electors of the Town who are residents of the Town and whose names appear on the County registration list at the close of business at the office of the County Clerk of Eagle County on April 20, 1990. Any qualified elector of the Town who is not now registered and who wishes to vote at the election should register at the office of the Eagle County Clerk in the Cagle County Courthouse in Eagle, Colorado, or at the office of the Town Clerk in the Town Hall in Avon, Colorado on or before April 20, 1990, during regular business hours. No vote shall be received unless the person offering the same shall be a qualified elector of the Town (that is, a person who has attained the age of 18 years, is a citizen of the United States, and has resided in the State of Colorado for 25 days and the municipal precinct in the Town for 25 days immediately preceding the election) and is so registered as provided by law. When any registered, qualified elector of the Town will be absent from the Town on the day of the election, or who, by reason of his work or the nature of his employment is likely to be absent and fears that he will be absent from the Town on that day, or who, because of serious illness, handicap or advanced age, or who, for reasons based upon the doctrines of established religion of which the elector is a member, will be unable to attend the polls, such elector may request an application orally or in writing from the Town Clerk for an absent voter ballot not later than the close of business on the Friday immediately preceding the election, i.e., Friday, May 11, 1990. All absentee ballots must be in the hands of the Town Clerk not later than 5:00 p.m. on the day of the election, except as otherwise provided by law for emergency absentee voting. There shall be one municipal election precinct for the election, the polling place for which shall be the Council Chambers in the Town Hall. Except for absentee voting, the polls will be opened at the hour of 7:00 a.m. and will remain open until the hour of 7:00 p.m. IN WITNESS WHEREOF, the Town Council of the Town of Avon, in the County of Eagle and State of Colorado, on April 10, 1990, has caused this notice to be given. Deputy own Clerk (SEAL) (End of Form of Election Notice) -11- ® • Section 9. At least fifteen days before the election, the Council shall appoint not less than three judges of election and three alternative judges for the single election precinct. Each judge and alternative shall be a registered elector of such precinct. Any judge or alternate shall have the power to administer oaths. The Town Clerk shall make and rile in her office a list of all persons so appointed. Such list shall be a public record and shall be subject to inspection and examination during office hours by any qualified elector of the Town with the right to make copies thereof. Before any votes are taken at the election, the judges of election shall severally take an oath or affirmation in the following form: "I, do solemnly swear (or affirm) that I am a citizen of the United States and the State of Colorado; that I am a registered elector in election precinct no. 15-A in the Town of Avon; that I will perform the duties of judge according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same; that I will not try to ascertain how any elector voted, nor will I disclose how any elector voted if, in the discharge of my duties as judge, such knowledge shall come to me, unless called upon to disclose the same before some court; and that I will not disclose the result of the votes until the polls have closed." The judges of the election may administer the oaths or affirmations to each other. Each judge shall record and sign any such oaths or affirmations administered by him or her and shall attach the record to the pollbook. Section 10. Sample ballots shall be printed and in the possession of the Town Clerk 10 days before the election and shall be subject to inspection. The Town Clerk shall provide at least two sample ballots to be delivered to the judges of election and posted in the polling place on election day. Section 11. The officers of the Town hereby are authorized and directed to take all action necessary or appropriate to effectuate the provision of this ordinance. Section 12. All orders, bylaws, resolutions, ordinances, or parts thereof, in conflict with this ordinance are hereby repealed. This repealer shall not be construed to revive any order, bylaw, resolution, or ordinance, or part thereof, heretofore repealed. Section 13. If any section, paragraph, clause or other provision of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or other provision shall not affect the validity of the remaining provisions of this ordinance. Section 14. This ordinance will be effective seven days after public notice following final passage, adoption and approval. -12- ® • INTRODUCED, PASSED ON FIRST READING AND ORDERED PUBLISHED in full this 27th day of March, 1990. The Council will hold a public hearing hereon at the meeting of the Town Council on April 10, 1990 at the Town Hall, being the regular meeting place of the Town Council, at the hour of 6:00 p.m. c\ ppnzz Mayor Town of Avon, olorado (SEAL) Attest: Depu Town Clerk Town o Avon, Colorado FINALLY ADOPTED AND ORDERED FINALLY PUBLISHED in full this 10th day of April, 1990. O Mayor Town of Avon, Colorado (SEAL) Attest: -13- Mayor Nottingham announced that copies of the ordinance had been distributed to the members of the Council and were available to those persons in attendance at the Council meeting. It was thereupon moved by Councilmember David Garton and seconded by Councilmember Albert Reynolds that the foregoing ordinance read for the first time at this meeting, as aforesaid, be approved and passed on First reading to be published by posting in full in the four places required by Section 6.7 of the Town Charter and that a public hearing be held thereon at the regular meeting of the Town Council at the Town Hall on April 10, 1990 at the hour of 6:00 p.m. The question being upon the adoption of such motion, the roll was called with the following results: Those Voting Yes: Mike Bennett Jerry Davis David Garton Gloria McRory Albert Buzz Reynolds Sr. Jim Stovall Those Voting No: none Those Absent: 6 members of the Town Council having voted in favor of such motion, the presiding officer thereupon declared the motion carried. Thereupon, the Council considered other business and took other action not concerning the proposed Charter amendments or the election therefor. Thereafter, there being no further business to come before the meeting, on motion duly made, seconded and unanimously carried, the meeting was adjourned. L661% 4 6, -,.0 May Town of Avon, Colorado (SEAL) Attest: Deputy own Clerk Town of Avon, Colorado -14- • STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Patricia Doyle, Town Clerk of the Town of Avon, (the "Town"), in the County of Eagle and State of Colorado, do hereby certify: 1. The foregoing pages numbered -1- through -14- constitute a true, correct, complete and compared copy of the record of the proceedings taken by the Town Council of the Town at a duly called regular, open, public meeting thereof held on March 27, 1990, so far as said minutes relate to a charter amendment ordinance, a copy of which is therein set forth. 2. A copy of such ordinance contained in such minutes is a true, correct, complete and compared copy of the original of the ordinance adopted by the Town Council at the meeting. 3. I published the ordinance by posting the full ordinance on April 2, 1990, at the following four places pursuant to the Charter and ordinance: (a) The office of the Town Clerk (b) The Avon Post office in the main lobby,, (c) The City market in the main lobby (d) The Coastal Mart, Inc. 4. The Mayor and 6 other members of the Town Council were present at such meeting, and 6 members of the Council voted on the adoption of the ordinance, as in such minutes set forth. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Avon this 21"d day of April, 1990. Depu Town Clerk Town of Avon, Colorado (SEAL) -15- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) The Town Council of the Town of Avon, in Eagle County, Colorado, met in regular session, in full conformity with law and the Charter, ordinances and rules of the Town, at the Town Hall, being the regular meeting place of the Council, on Tuesday, April 10, 1990, at the hour of 6:00 p.m. Upon roll call, the following were found to be present, constituting a quorum: Mayor: Mayor Pro Tem: Other Councilmembers: Absent: Allan R. Nottingham Gloria McRory Mike Bennett Jerry Davis RAO)WM Albert Buzz Reynolds Sr. Jim Stovall David Garton constituting all the members of the Town Council. There were also present: Town Clerk: Town Attorney: Town Manager: Patricia J. Doyle John Dunn Bill James Thereupon, the following preceedings, among others, were had and taken: The Clerk announced that an ordinance entitled: AN ORDINANCE FOR THE TOWN OF AVON, COLORADO, INITIATING CHARTER AMENDMENTS TO EXEMPT BONDS PAYABLE FROM IMPOSITIONS OTHER THAN GENERAL PROPERTY TAXES FROM ELECTION AND DEBT LIMIT PROVISIONS OF THE CHARTER AND TO EXEMPT GENERAL OBLIGATION BONDS FOR HOUSING FROM ELECTION AND DEBT LIMIT PROVISIONS OF THE CHARTER, SUBJECT TO A SEPARATE DEBT LIMIT FOR SUCH BONDS; SUBMITTING SUCH CHARTER AMENDMENTS TO THE REGISTERED ELECTORS OF THE TOWN AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MAY 15, 1990. which ordinance was introduced and read by title for the first time on March 27, 1990, had, as ordered by the Town Council, been published by posting on April 2, 1990, and that the Clerk's certificate of posting is now on file in the office of the Town Clerk. Thereupon, the ordinance was read by title for the second time, printed copies having been furnished to Councilmembers and members of the public in attendance. -16- A public hearing on the ordinance was then held. It was thereupon moved by Councilmember McRory and seconded by Councilmember Stovall that the foregoing ordinance read for the second time at this meeting, as aforesaid, be approved and Finally adopted, to be published, by immediate posting in full this April 10, 1990, in the four places required by Section 6.7 of the Town Charter. The question being upon the adoption of such motion, the roll was called with the following results: Those Voting Yes: Mike Bennett Jerry Davis XWt10,dlt,6y1 Gloria McRory Albert Buzz Reynolds Sr. Jim Stovall Those Voting No: Those Absent: 5 members of the Town Council having voted in favor of such motion, the presiding officer thereupon declared the motion carried, and the ordinance adopted and approved. On motion unanimously adopted, it was ordered that the ordinance be numbered 90-2, be published by posting as aforesaid, and be recorded according to law. Thereupon, the Council considered other business and took other action not concerning the proposed Charter amendments or the election therefor. Thereafter, there being no further business to come before the meeting, on motion duly made, seconded and unanimously carried, the meeting was adjourned. Mayo Town of Avon, Colorado (SEAL) A -17- ® • STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Patricia Doyle, Town Clerk of the Town of Avon, (the "Town"), in the County of Eagle and State of Colorado, do hereby certify: 1. The foregoing pages numbered -16- through -17- constitute a true, correct, complete and compared copy of the record of the proceedings taken by the Town Council of the Town at a duly called regular, open, public meeting thereof held on April 10, 1990, so far as said minutes relate to a charter amendment ordinance, a copy of which is therein set forth. 2. A copy of such ordinance contained in such minutes is a true, correct, complete and compared copy of the original of the ordinance adopted by the Town Council at the meeting. 3. I published the ordinance by posting the full ordinance on April 10, 1990, immediately following the meeting at the following four places pursuant to the Charter and ordinance: (a) The office of the Town Clerk (b) The Town of Avon Post Office (c) City X---ket (d) Coastal Mart. Inc. 4. The Mayor and 5 other members of the Town Council were present at such meeting, and 5 members of the Council voted on the adoption of the ordinance, as in such minutes set forth. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Avon this 10th day of April, 1990. (SEAL) -18-