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TC Res. No. 1995-41RESOLUTION NO. 95-41 Series of 1995 A RESOLUTION AUTHORIZING AND DIRECTING THE TOWN CLERK TO CERTIFY TO THE COUNTY CLERK CERTAIN BALLOT QUESTIONS TO BE VOTED ON AT AN ELECTION TO BE HELD NOVEMBER 7, 1995. WHEREAS, the Town of Avon, in the Count 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 (the "Council") have been duly elected and qualified; and WHEREAS, the Council is considering annexing certain property,(commonly known as "Avon Village," to the Town and to enter into an annexation and development agreement (the "Agreement") with the developers of Avon Village; and WHEREAS, Article X, Section 20 of the Constitution ("Amendment 111) limits Town revenues and spending; and WHEREAS, Amendment 1 limits the ability of the Town to enter into multiple-fiscal year obligations (such as the Agreement) without prior voter approval; and WHEREAS, if Avon Village is annexed to the Town, the Town will generate revenues derived from the Town's sales, use, property, real estate transfer and accommodations taxes and other taxes and fees which will be in excess of the Town's existing revenue and spending limits; and WHEREAS, Amendment 1 permits the eligible electors of the Town to approve a change in the Town's revenue and spending limits and to approve multiple-fiscal year obligations; and WHEREAS, the Council is of the opinion that the Town should ask its voters to approve (1) a change-in the Town's revenue and spending limits; to the extent of amounts collected in the Avon Village areas from sales, use, property, real estate transfer and accommodations taxes and other taxes and fees derived by the Town, regardless of any limitation contained in Amendment 1, and (2) the Agreement as a multiple-fiscal year obligation of the Town; 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, pursuant to Section 3.2 of the Town Charter, the Town Council may call a special election by resolution at least 60 days in advance of such election; and WHEREAS, November 7, 1995, is one of the election dates at which ballot issues and spending questions may be submitted to the Town's eligible electors pursuant to Amendment 1; and WHEREAS, pursuant to Section 3.1 of the Town Charter, Sections 1-1-102 and 31-10-102.7, C.R.S. and Ordinance 95-14, Series of 1995, the Council has elected to participate in the coordinated election on November 7, 1995, 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 a special election of the Town to be held on November 7, 1995, the questions of changes in the Town's revenue and spending limits as described above and approval of the Agreement as a multiple- fiscal year obligation; 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 the Uniform Election Code of 1992, Title 1, Articles 1 through 13, C.R.S., as amended. Section 3. Pursuant to the Uniform Election Code of 1992, and all laws amendatory thereof and supplemental thereto, the Council hereby determines that at the special municipal election to be held on November 7, 1995 (the "election"), there shall be submitted to the eligible electors of the Town the questions of (1) approving a change in the Town's revenue and spending limits, to the extent of amounts collected in the Avon Village area from sales, use, property, real estate transfer and 2 accommodations taxes and other taxes and fees derived by the Town, regardless of any limitation contained in Amendment 1, and (2) approving the Agreement as a multiple-fiscal year obligation of the Town (collectively, the "questions"). 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 on behalf of the Town. 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. Any such intergovernmental agreement heretofore entered into in connection with the election is hereby ratified, approved and confirmed. Section 4. The Council hereby authorizes and directs the designated election official to certify to the County Clerk, on or before September 12, 1995, the questions, in substantially the form hereinafter set forth. Such questions shall be submitted to the eligible electors of the Town at the election in substantially the following form: Question 1 SHALL THE TOWN OF AVON,'WITHOUT INCREASING THE RATES OF TAXATION OR ADDING NEW TAXES, BE AUTHORIZED TO COLLECT, RETAIN AND SPEND AS A VOTER-APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE REVENUES GENERATED BY THE TOWN'S SALES, USE, PROPERTY, REAL ESTATE TRANSFER AND ACCOMMODATIONS TAXES AND OTHER TAXES AND FEES FROM THE PROPERTY PROPOSED TO BE ANNEXED TO THE TOWN, AS GENERALLY DESCRIBED IN RESOLUTION NO. 95-41, AND COMMONLY REFERRED TO AS AVON VILLAGE, FOR PUBLIC PURPOSES AND WITHOUT LIMITATION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Question 2 SHALL THE TOWN OF AVON BE AUTHORIZED, SOLELY FROM THE NEW SALES TAX REVENUES GENERATED BY PROPERTY PROPOSED TO BE ANNEXED TO THE TOWN, COMMONLY KNOWN AS AVON VILLAGE, TO COLLECT, RETAIN AND SPEND AT LEAST 75% OF SUCH NEW REVENUES FOR THE GENERAL BENEFIT OF THE CITIZENS OF THE TOWN AND TO USE NOT MORE THAN 25% OF SUCH NEW REVENUES BUT ONLY AFTER RECEIPT OF SUCH REVENUES, TO PAY THE COSTS TO ACQUIRE AND CONSTRUCT PUBLIC STREET IMPROVEMENTS WITHIN ALL OR ANY PORTION OF 3 SUCH ANNEXED PROPERTY, WHICH IS GENERALLY DESCRIBED IN RESOLUTION NO. 95-41 (AVON VILLAGE), PURSUANT TO A MULTIPLE-FISCAL YEAR FINANCIAL OBLIGATION FOR A TERM NOT TO EXCEED 20 YEARS? Section 5. The legal description of Avon Village is attached hereto as Exhibit I and is hereby incorporated by reference. Section 6. 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 7. 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 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 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. Section 8. 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 at least 25 days prior to the election (no later than October 13, 1995) as required by Section 1-7-904, C.R.S. Section 9. 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 10. 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 11. 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 constructed to revive any act, order or resolution, or part thereof, heretofore repealed. 4 PASSED AND ADOPTED August 22, 1995. (SEAL) ATTES To n Cl rk Mayor EXHIBIT I (Attach legal description of Avon Village) PARCEL DESCRIPTION That part of the E 1/2 of Section 12, Township 5 South, Range' 82 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey and Survey of said Township znd Range, accepted' September 7, 1977 by the Department of the Interior Bureau of Land Management in Washington, D.C., together with parts of Sections 7, 81 9 & 17, Township 5 South, Range 81 West of the Sixth Principal, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the Northwest corner of said Section 7; thence along the northerly line of said Section 7, N88°4924"E 2791.46 fee", to the North 1/4 corner of said Section 7; thence, departing said northerly line, along the easterly line of the NW 1/4 of said Section 7, S00'11'1211E 2621.00, feet, to the northerly right-of-way line of interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the office of the Eagle County, . Colorado, Clerk and Recorder; thence, along said northerly, right- of-way line, S69°28'35"E 196.48 feet, to the northerly line of the SE 1/4 of said Section 7;. thence, along said northerly line, N89'50140"E 2572.71 feet, to the West 1/4 corner of said Section 8; thence, along the westerly line of said Section 8,'N00'10'53"W 2738.19 feet to the Northwest corner of said Section 8; thence, along the northerly line of said Section 8, N88°40'41"E 2758.98 feet, to the North 1/4 corner of said Section 8; thence, continuing along said northerly line, N88042'58"E 850.00 feet; thence, departing said northerly line, S56°30'00"E 1274.62 feet; thence S17038130"E 1593.20 feet; thence S27°39'30"W 2121.59 feet; thence South 899.93 feet; thence East 2595.53 feet, to the easterly line of the SW 1/4 SW 1/4 of said Section 9; thence, along said easterly line 501'33'13"W 603.34 feet, to the Southeast corner of said SW 1/4 SW 1/4; thence, along the southerly line of said Section 9, N89.55'04"W 1371.96 feet, to the Southwest corner of said Section 9; thence, along the easterly line of said Section 17, S01'41'49"E 170.00 feet, to the centerline of the Eagle River; thence the following four courses along said centerline (Filum aquce): (1) N89024'49"W 1037.90 feet; (2) N86007149"W 472.00 feet; (3) N89029149"W 538.00 feet; (4) S82'33111"W 595.15 feet, to the westerly line of the NE 1/4 of said Section 17; thence, along said westerly line, N0002015511W 227.74 feet,.to the North 1/4 corner of said Section 17; thence, along the northerly line of said Section 17, 589'23'36"E 1316.69 feet, to the Southwest corner of the SE 1/4 SE 1/4 of said Section 8; thence, along the westerly line of said SE 1/4 SE 1/4, N00'51'07"E 1398.90 feet, to the SE 1116 corner of said Section-8; thence, along the southerly-line of the NW 1/4 SE 1/4 of said Section 8, N89'54'54"W 1333.59 feet, to the CS 1116 corner of said Section 8; thence, along the southerly line of the NE 1/4 SW 1/4 of said Section 8, N89'58'35"W 1366.46 feet, to the SW 1116 corner of said Section 8; thence, along the easterly line of the SW 1/4 SW 1/4 of said Section 8, 500'01'37"E 1376.08 feet, ' to the Southeast corner of said SW 1/4 SW 1/4; thence, along the southerly line of said Section 8, N89032'28"W 529.28 feet, to the northerly right-of-way line of the Denver and Rio Grande Western Railroad; thence the following ten courses along said northerly right-of-way line: (1) 132.91 feet along the arc of a curve to the right, having a radius of 2033.48 feet, an internal angle 'of 03°44'42", and a chord that bears N70.30109"W 132.89 feet; (2) N68037'48"W 527.88 feet; (3) 231.12 feet along the arc of a curve to the left, having a radius of 5779.70 feet, an internal angle of 02°17'28", and a chord that bears N69046132"W 231.09 feet; (4) S00.14131"E 21.20 feet; (5) 1142.50 feet along the arc of a curve to the left, having a radius of 5759.70 feet, an internal angle of 11°21'55", and a chord that bears N76°32'02"W 1140.63'feet; (6) X82013'00"W 1136.53 feet; (7) 548.06 feet along the arc of a curve to the right, having a radius of 1880.00 feet, an internal angle of 16°42'10", and a chord that bears N73051155"W 546.11 feet; (8) N00°12'23"W 22.04 feet; (9) 28.04 feet along the arc of a curve to the right, having a radius of 1860.00 feet, an internal angle of 00051'50", and a chord that bears N64°47'55"W 28.04 feet; (10) N64'22' 00"W 377.10 feet; thence, departing said northerly right-of- way line, 525.38100"W 100.00 feet, to the southerly right-of-way line of the Denver and Rio Grande Western Railroad, also being on the existing Town of Avon Boundary; thence, along said southerly right-of-way line and existing Town of Avon Boundary the, following three courses along the northerly' line of the parcel annexed to the Town of Avon by Ordinance 86-10: (1) N641122100"W 2064.00 feet; (2) 968.59 feet along the arc of a curve to the left, having a radius of,,34327.50 feet, an internal angle of 01°37'00", and a chord that bears N65'10'30"W 968.56 feet; (3) N65°59'00"W 527..60 feet; thence, continuing along said southerly right-of-way..line and existing Town of Avon Boundary the following course along the northerly line of the parcel annexed to the Town of Avon by Ordinance 81-38, X65 ° 58' 08 "W 677.83 feet; thence, departing said southerly right-of- way line and continuing along the boundary of the parcel annexed to the Town of Avon by Ordinance 81-38, N24°01'52"E 100.00 -feet, to the northerly right-of-way line of the Denver and Rio Grande Western Railroad and the Southeast corner of Lot 22, Benchmark at Beaver Creek; thence, departing said northerly right-of-way line' and continuing along the existing Town of Avon Boundary the following two courses along the easterly line of the parcel originally incorporated as the Town of Avon as defined in-Ordinance 78-4:- (1) N18°59'40"E 995.99 feet; (2) a calculated distance and bearing of N23055102"W 268.23 feet (record distance and bearing of X25°10'03"W 235.72 feet), to the southerly line of the NE 1/4 NE 1/4 of said Section 12; thence, along said southerly line and existing Town of Avon Boundary the following course along the southerly line of the parcel annexed to the Town of Avon by Ordinance 81-20, a calculated distance and bearing of S89°58'41"E 1192.32 feet (record distance and bearing of S89°57'07"E 11Q4.14 feet),,to the westerly line of said Section 7; thence, along said westerly line and existing Town of Avon Boundary the following course along the easterly line of the parcels annexed to the Town of Avon by Ordinance 81-20 and Ordinance 81-34, a measured distance and bearing of N00'11'27"W 1321.54 feet (record distance and bearing of N00'10114"W 660.82 feet per Ordinance 81-20 and record distance and bearing of N00 ° 10' 14"W 660.83 per Ordinance 81-34)p to the point of beginning, containing' 967.07_,acres , more or less, EXCEPTING FROM the foregoing parcel description all,portions of the described property,. that constitute the Interstate Highway No. 70 Right-of-Way and the Denver Rio Grande Western Railroad Mighti-of- Way, which portions contain 99.24 ac=es, more or less. The net area of the parcel being included in this annexation is 867.83 acres, more or .less. PARCEL DESCRIPTION That part of Sections 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office is Washington, D.C., described as follows: Beginning at the North 1/4 corner of said Section 8; thence along the northerly line of said Section 8, N88'42158"E 850.00 feet, to the True. Point of Beginning; thence, continuing along said northerly line, N88042'58"E 1920.72 feet, to the Northwest corner of said Section 9; thence, along the northerly line of said Section 9, N83'29'30"E 2773.27 feet, to the North 1/4 corner of said Section 9; thence, continuing along said northelry 'Line, N83°24'12"E 2772.60 feet, to the Northwest corner of said Section 10; thence, along the northerly line of said Section 10, N86039124"E 2681.23 feet; thence, departing said northerly line, 501'34' 07"W 2699.66 feet, to southerly line of the SE 1/4 NW 1/4 of said Section 10; thence, along the southerly line of said SE 1/4 NW 1/4, S86°32'23"W 1304.06 feet, to the Center West 1116 corner of said Section 10; thence, along the easterly line of the NW 1/4 SW 1/4 of said Section 10, 501032150"W 1349.33 feet, to the Southwest 1116 corner of said Section 10; thence, along the southerly line of said NW 1/4 SW 1/4, S86-32-47"W 1384.91 feet, to the South 1116 corner of said Sections 9 & 10; thence, along the southerly line of the NE 1/4 SE 1/4 of said Section 9, S77°10'15"W 1413.37 feet, to the Southeast 1/16 corner of said Section 9; thence, along the easterly line of the SW 1/4 SE 1/4 of said Section 9, S01'33'02"W 1475.32 feet, to the East 1/16 corner of said Section 9 and Section 16 of said Township 5 South, Range 81 West of the Sixth Principal Meridian; thence, along the southerly line of said SW 1/4 SE 1/4, S72°20'31"W 1450.43 feet, to the South 1/4 corner of said Section 9; thence, along the westerly line of said SW 1/4 SE 1/4, N01034118"E 1601.52 feet, to the Center South 1116 corner of said Section 9; thence, along the southerly line of the NE 1/4 SW 1/4 of said Section 9, S86'07'30"W 1378.19 feet, to the Southwest 1116 corner of said section 9; thence, along the easterly line of the SW 1/4 SW 1/4 of said Section 9, S01033113"W 903.02 feet, to the existing Town of Avon Boundary; thence, departing said easterly line, the following five courses along said existing Town of Avon Boundary: (1) West 2595.53 feet; (2) North 899.93 feet; (3) N27'39'30"E 2121.59 feet; (4) N17'38'30"W 1593.20 feet; (5) X56°30'00"W 1274.62 feet, to the True Point of Beginning, containing 922.16 acres, more or less. STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, the Town clerk of the Town of Avon, Colorado, (the "Town"), do hereby certify: 1. The foregoing pages numbered 1 through 6 inclusive, are a true and correct copy of a resolution (the "Resolution") passed and adopted by the Town Council (the "Council") of the Town at a meeting of the Council held on August 22, 1995. 2. The Resolution was duly moved and seconded and the Resolution was adopted at the meeting of August 22, 1995, by an affirmative vote of a majority of the members of the Council as follows: Those Voting Aye Jim Benson Richard Carneg Tom Hines Judy Yoder Those Voting Nay: Those Absent: Jack Fawcett & Celeste C. Nottingham Those Abstaining: 3. The members of the Council were present at such meetings and voted on the passage of such Resolution as set forth above. 4. The Resolution was approved and authenticated by the signature of the Mayor, sealed with the Town seal, attested by the Clerk and recorded in the minutes of the Council. 5. There are no bylaws, rules or Council which might prohibit the adoption of 6. Notice of the meeting of Aug-u; form attached hereto as Exhibit A was posted Avon, Colorado, not less than 24 hours prior accordance with law. regulations of the said Resolution. st 22, 1995, in the at the Town Hall, to the meeting in WITNESS my hand and the seal ofs id Town affixed this 23rd day of August, 1995. Town (SEAL) EXHIBIT A TOWN OF AVON REGULAR COUNCIL MEETING AGENDA AUGUST 22, 1995 - 7:30 PM 1. Call to Order / Roll Call 2. Citizen Input 3. Avon Village Annexation a.) First Reading of Ordinance No. 95-16, Series of 1995, AN ORDINANCE ANNEXING TO THE TOWN OF AVON OF TWO PARCELS OF LAND IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, AND SECTIONS 7, 8, 9, & 17, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AND SECTIONS 8, 9, & 10, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO DESCRIBED ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF (Bill James) b.) First Reading of Ordinance No. 95-17, Series of,1995, AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT PLAN AND DESIGN REGULATIONS FOR AVON VILLAGE, TOWN OF AVON, EAGLE COUNTY, COLORADO (Bill James) c.) Resolution No. 95-41, Series of 1995, A RESOLUTION CERTIFYING THE ELECTION BALLOT (Bill James) d.) Annexation & Development Agreement (Bill James) 4. Ordinances a.) Second Reading of Ordinance No. 95-14, Series.of 1995, AN ORDINANCE ADOPTING THE UNIFORM ELECTION CODE OF 1992 IN LIEU OF THE COLORADO MUNICIPAL CODE OF 1965 WHEN PARTICIPATING IN A COORDINATED ELECTION IN EAGLE COUNTY CONDUCTED BY THE COUNTY CLERK AND RECORDER Public Hearing (Patty Neyhart) b.) Second Reading of Ordinance No. 95-15, Series of 1995, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF A GROUND LEASE AGREEMENT AND A MAINTENANCE FACILITY LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF ACQUIRING A MAINTENANCE FACILITY FOR THE TOWN AND RELATED INCIDENTALS AND APPURTENANCES; PROVIDING FOR THE REGISTRATION OF SAID LEASE; CREATING CERTAIN FUNDS RELATED THERETO; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; REPEALING ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH; AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO Public Hearing (Bill James) c.) First Reading of Ordinance No. 95-18, Series of 1995, AN ORDINANCE REPEALING AND REENACTING SECTION 15.08.180 OF TITLE 15 OF THE AVON MUNICIPAL CODE (Norm Wood) 5. Resolutions a.) Resolution No. 95-40, Series of 1995, A RESOLUTION AMENDING THE 1995 BUDGET (Bill James) 6. Unfinished Business a.) Certificate of Compliance & Relief from Conservation Easement (Lot 91, Mountain Star, Filing No. 2, First amendment, formerly known as lots 91 & 92, Mountain Star Filing No. 2) (Bill James) 7. New Business a.) Coordinated Election Intergovernmental Agreement (Patty Neyhart) b.) Admin.Dept./Council Budget Retreat Contract (Patty Neyhart) c.) Cops Fast Grant Application / (Gary Thomas) d.) Rec. Dept. / Winter Carnival Proposal (Meryl Jacobs) e.) Rec. Dept. / Pre-Opening Pass Sales (Meryl Jacobs) f.) Rec. Dept. / Change Order #9 (Meryl Jacobs) g.) Public Works / Camera Equipment Maintenance Agreement (Larry Brooks) h.) Public Works / Maintenance Facility Rental Agreement (Larry Brooks) 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a.) Approval of the August 8, 1995 Council Meeting Minutes b.) Financial Matters 12. Adjournment