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TC Res. No. 1995-42RESOLUTION NO. 95- 4 2 Series of 1995 A RESOLUTION AMENDING RESOLUTION NO. 95-41. 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, pursuant to Resolution No. 95-41, adopted on August 22, 1995 (the "Original Resolution"), the Council previously called a special election and determined to submit certain ballot questions to its eligible electors as required by Article X, Section 20 of the Colorado Constitution ('.'Amendment 1 and WHEREAS, one such question (designated as Question 2 in Section 4 of the Original Resolution) relates to voter approval of an annexation and development agreement (the "Agreement") with the developers of Avon Village as a multiple-fiscal year obligation; and WHEREAS, the Council now desires to amend the Original Resolution in order to amend the form of such question. 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. Section 4 of the Original Resolution is hereby amended to read as follows: "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 the substantially the following form: Question I 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 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 ALL NECESSARY PUBLIC STREET IMPROVEMENTS ASSOCIATED WITH 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 YEARST' Section 4. Except as explicitly amended herein, all provisions of the Original Resolution shall remain in full force and effect. -2- Section 5. 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 6. 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 7. 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. (SEAL) Attest: PASSED AND ADOPTED this September 5, 1995. -3- 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 -3-, 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 special meeting of the Council held on September 5, 1995. 2. The Resolution was duly moved and seconded - and the Resolution was adopted at the special meeting of September 5, 1995, by an affirmative vote of a majority of the members of the Council as follows: Those Voting Aye: Jim Benson _ Richard Carnes' Jack Fawcett Tom Hines Celeste C. Nottingham Judy Yoder Those Voting Nay: Those Absent: Those Abstaining: 3. The members of the Council were given notice of the 'special meeting as required by law, were present at such meeting 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. -4- 5. There are no bylaws, rules or regulations of the Council which might prohibit - the adoption of said Resolution. 6. Notice of the special meeting of September 5;1995 in the form attached hereto as. Exhibit A was posted at the Town Hall, Avon, Colorado, not less than 24 hours prior to the meeting in accordance with law. WITNESS my hand and the seal of said Town affixed this - 6 thday of September, 1995. (SEAL) Clerk EXHIBIT A TOWN OF AVON SPECIAL ,COUNCIL MEETING AGENDA SEPTEMBER 5, 1995 - 6:30 PM 1. Call to Order / Roll Call 2., Citizen Input 3. Avon Village Annexation A. Ordinances 5. Resolutions a.) Resolution No 95-42, Series of 1995 A RESOLUTION AMENDING RESOLUTION NO. 95-41 (Bill James) 6. Unfinished Business 7. New Business 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda 12. Adjournment