TC Res. No. 1994-27RESOLUTION NO. 94-27
Series of 1994
WHEREAS, the Town of Avon, in the County of Eagle and State of Colorado (the
"Town"), is a municipal corporation duly organized and existing as a home-rule municipality under
Article XX of the State Constitution (the "Constitution") and laws of the State of Colorado; and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, Article X, Section 20 of the Constitution ("Amendment 1 limits Town
spending; and
WHEREAS, Amendment 1 also requires the Town to submit ballot questions (as
defined in Amendment 1) to the Town's electors on limited election days before action can be taken
on such ballot questions; and
WHEREAS, Amendment 1 allows the consolidation of ballot issues (except for
petitions, bonded debt, or charter or constitutional provisions); and
WHEREAS, Amendment 1 permits the eligible electors of the Town to approve a
delay of up to four years in voting on ballot issues; and
WHEREAS, the Council is of the opinion that the Town should ask its voters for
authorization to delay votes on various ballot issues (as defined by Amendment 1) and to keep and
spend revenues collected by the Town regardless of any limitation contained in Amendment 1 for
a period of four years beginning January 1, 1995; and
WHEREAS, pursuant to Section 3.2 of the Town Charter, the Town's regular
municipal election will be held on November 8, 1994; and
WHEREAS, November 8, 1994, also is one of the election dates at which ballot
issues and spending questions may be submitted to the eligible electors of the Town pursuant to
Amendment 1; and
WHEREAS, Eagle County. (the "County") is conducting on November 8, 1994, a
coordinated election pursuant to Section 1-7-116, C.R.S.; and
WHEREAS, pursuant to Section 3.1 of the Town Charter, and Sections 1-1-102 and
31-10-102.7, C.R.S. and Ordinance 94-15, Series of 1994, the Council has elected to participate in
the coordinated election on November 8, 1994, pursuant to the Uniform Election Code of 1992; and
WHEREAS, the Council has heretofore determined that it is necessary to submit to
the electors of the Town, at the Town's general election to be held on November 8, 1994, -the
proposition of the question of approving a delay of up to four years in voting on certain ballot issues
and of increasing Town spending above the limits of Amendment 1 through the end of 1998; 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, IN THE COUNTY OF EAGLE, STATE OF COLORADO:
Section 1. All action heretofore taken (not inconsistent with the provisions of this
resolution) by the Town and the officers thereof, directed towards the election and the objects and
purposes herein stated is hereby ratified, approved and confirmed.
Section 2. Unless otherwise defined herein, all terms used herein shall have the
meanings defined in Section 1-1-104, C.R.S.
Section 3. Pursuant to the Uniform Election Code of 1992, and all laws amendatory
thereof and supplemental thereto, at the regular municipal election to be held on November 8, 1994
(the "election"), there shall be submitted to the eligible electors of the Town the question of
approving a.delay of up to four years in voting on certain ballot-issues and of increasing Town
spending.above the limits of Amendment 1 through the end of 1998. Because the election will be
a coordinated election, the Council hereby determines to contract with the County Clerk and
Recorder of Eagle, County, Colorado (the "County Clerk") to conduct the election. The Town
Manager or his designee is authorized to enter into an intergovernmental agreement with the County
Clerk pursuant to Section 1-7-116, C.R.S.
Section 4. Ms. Patty Neyhart 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.
Section 5. Pursuant to Section 1-5-205, C.R.S., not less than ten days prior to the
election, the designated election official of the Town is hereby instructed to give notice of the
election, by causing a printed notice of the election to be published at least one time in the Vail
Valley Times, a legal newspaper of general circulation in the Town. Such notice shall also be posted
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at least ten days prior to the election and until two days after the election in a conspicuous place in
the office of the designated election official. Such notice shall be substantially in the following
form:
(Form of Notice) .
PUBLIC NOTICE OF REGULAR MUNICIPAL ELECTION
TOWN OF AVON
EAGLE COUNTY, COLORADO
TO BE HELD
TUESDAY, NOVEMBER 8, 1994
PUBLIC NOTICE IS HEREBY GIVEN that pursuant to law and the Town Charter
of the Town of Avon (the "Town"), in the County of Eagle and State of Colorado, the regular
municipal election will be held in the Town on Tuesday, November 8, 1994.
The election will be conducted as part of the coordinated election to be conducted by
the County Clerk and Recorder of Eagle County.
The following are candidates for the four vacant seats (four-year terms) on the Town
Council of the Town of Avon.
Jim Benson
Richard-.Carnes
George "Coop" Cooper
Jack Fawcett
John "Jack" Grimes
John Hazard
Suzanne Railton
Jim Roof
Judy Yoder
At the election there also shall be submitted to the eligible electors of the Town the
following question:
SHALL THE TOWN OF AVON BE AUTHORIZED TO TAKE ACTION ON ALL
SPENDING AND REVENUE RAISING MEASURES WHICH ARE LIMITED BY
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION WITHOUT AN
ELECTION UNTIL NOVEMBER 10, 1998, EXCEPT WHERE SALES OR USE TAX
RATE INCREASES AND PROPERTY TAX RATE INCREASES ARE DEEMED
NECESSARY, SUCH PROPOSED RATE INCREASES SHALL BE SUBMITTED TO
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THE VOTERS, UNLESS OTHERWISE ALLOWED BY LAW; AND SHALL THE TOWN
OF AVON BE PERMITTED TO KEEP AND SPEND ALL REVENUES COLLECTED BY
THE TOWN THROUGH 1998 REGARDLESS- OF ANY LINIITATION CONTAINED IN
ARTICLE X, SECTION 20; AND TO THEREAFTER UTILIZE 1998 FISCAL YEAR
SPENDING AND PROPERTY TAX REVENUES AS THE BASE UPON WHICH THE
SUBSEQUENT . YEAR'S SPENDING AND REVENUE SHALL BE LIMITED
PURSUANT TO ARTICLE X, SECTION 20?
IN WITNESS WHEREOF, the Town Council of the Town of Avon, in the County of Eagle
and State of Colorado, has caused this notice to be given as required by law this ,
1994.
(End of Form of Notice of Election)
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Section 6. The designated election official shall cause the notice required by
Section 20(3)(b) of Article X of the Colorado Constitution to be prepared and transmitted to the
County Clerk. Such notice shall be in substantially the following form:
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(Form of Additional Election Notice)
To: All Registered Voters
NOTICE OF ELECTION ON A REFERRED MEASURE
Election Date: Tuesday, November 8, 1994
Election Hours: 7:00 a.m. to 7:00 p.m.
SHALL THE TOWN OF AVON BE AUTHORIZED TO TAKE ACTION ON ALL
SPENDING AND REVENUE RAISING MEASURES WHICH ARE LIMITED BY
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION WITHOUT
AN ELECTION UNTIL NOVEMBER 10, 1998, EXCEPT WHERE SALES OR
USE TAX RATE INCREASES AND PROPERTY TAX RATE INCREASES ARE,
DEEMED NECESSARY, SUCH PROPOSED RATE INCREASES SHALL BE
SUBMITTED TO THE VOTERS, UNLESS OTHERWISE ALLOWED BY LAW;
AND SHALL THE TOWN OF AVON BE PERMITTED TO KEEP AND SPEND
ALL REVENUES COLLECTED BY THE TOWN THROUGH 1998
REGARDLESS OF ANY LIMITATION CONTAINED IN ARTICLE X, SECTION
20; AND TO THEREAFTER UTILIZE 1998 FISCAL YEAR SPENDING AND
PROPERTY TAX REVENUES AS THE BASE UPON WHICH THE
SUBSEQUENT YEAR'S SPENDING AND REVENUE SHALL BE LIMITED
PURSUANT TO ARTICLE X, SECTION 20?
.Local-Election Office Address and Telephone Number:
Office of the Eagle County Clerk and Recorder
500 Broadway
Eagle, Colorado, 81631
(303) 328-8710 -
Information required by Article X, Section 20, 3(b)(v) of the Colorado Constitution,
"Two summaries, up to 500 words each, one for and one against the proposal, of written comments
filed with the election officer by 30 days before the election," follows.
The Town of Avon solicited citizen comments by advertising in the Vail Valley
Times for two consecutive weeks.
[Insert summaries]
(End of Form of Additional Election Notice)
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Section 7. The officers and employees of the Town are hereby authorized and
directed to take all action necessary or appropriate to effectuate the provisions of this resolution.
Section 8. If any section, paragraph, clause or provision of this resolution shall for
any reason be held invalid or unenforceable, the invalidity or.unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining provisions of this resolution.
Section 9. All acts, orders and resolutions, and parts thereof, inconsistent with this
resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This
repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore
repealed.
PASSED AND ADOPTED this September 6, 1994.
(SEAL)
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