TC Res. No. 1996-32RESOLUTION NO. 96-32
A RESOLUTION AUTHORIZING AND DIRECTING THE
TOWN CLERK TO'CERTIFY TO THE COUNTY CLERK A
CHARTER AMENDMENT BALLOT QUESTION TO BE VOTED
ON AT AN ELECTION TO BE HELD NOVEMBER 5,
1996.
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 (the
"Council") have been duly elected and qualified; and
WHEREAS, Section 9 of Article XX of the Constitution,
Section 31-2-210(i)(b) and Section 18.6 of the Charter of the
Town of Avon permit the registered electors of a municipality to
amend the Charter of the municipality; and
WHEREAS, the.Council is of the opinion that the Town
should ask its registered electors to approve an amendment to the
Charter of the Town of Avon to provide that any increase or
decrease in the compensation of members of the Council be applied
uniformly to all members of the Council; and
WHEREAS, pursuant to Section 3.1 of the Town Charter,
Sections 1-1-102 and 31-10-102.7, C-.R.S. the Council has elected
to participate in the coordinated election on November 5', 1996,'
pursuant to the Uniform Election Code of 1992; 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 regular municipal
election to be held on November 5, 1996 (the "election"), there
shall be submitted to the eligible electors of the Town the
question of approving the amendment of Section 4.8 of the Charter
of the Town of Avon (the "question"). 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 Clerk or her designee is authorized to
enter into an intergovernmental agreement with.the County Clerk
pursuant to Section 1-71-116, 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 10, 1996, the question, in
substantially the form hereinafter set forth. Such question
shall be submitted to the registered electors of the Town at the
election in substantially the following form:
CHARTER AMENDMENT QUESTION
SHALL SECTION 4.8 OF THE CHARTER OF THE TOWN
OF AVON BE AMENDED TO READ AS FOLLOWS:
"The members of the Council shall receive such
compensation, and the Mayor such additional
compensation, as the Council shall prescribe by
ordinance. Any increase or decrease in the
compensation of members of the Council shall apply
uniformly to all such members at the time the ordinance
becomes effective. The Mayor and Council may, upon
order of the Council;,be paid their actual and
necessary expenses incurred in the performance of their
duties of office."
Section 5. Patty Lambert, CMC, 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 6. 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
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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 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 at a special meeting of the Town
Council of the Town of Avon on September 3, 1996.
Mayor
WE
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own Cler
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