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TC Res. No. 2009-27 SUPPORT OF EAGLE COUNTY REFERRED MEASURE lATOWN OF AVON RESOLUTION NO. 09 -27 SERIES OF 2009 A RESOLUTION IN SUPPORT OF EAGLE COUNTY REFERRED MEASURE lA (THE ENERGY SMART LOCAL IMPROVEMENT DISTRICT) WHEREAS, Eagle County is seeking to establish an "Energy Smart Local Improvement District" in order to create a financing pool to fund renewable energy and energy efficiency improvements within the County; and WHEREAS, the Energy Smart Local Improvement District ( "the District ") requires voter approval for Eagle County to issue up to a maximum of $10 million in special assessment bonds; and WHEREAS, the District will provide a voluntary mechanism for commercial and residential property owners in the Town of Avon to finance renewable energy and energy efficiency improvements to their properties if the voters of Avon choose to participate in the District; and WHEREAS, loans obtained through the District are not funded through a county -wide tax increase, but are repaid by a special property tax assessment on individual properties that obtain financing from the District; and WHEREAS, the Town of Avon's vision is to provide a high quality of life, today and in the future, for a diversity of people and interests; and to promote their ability to live, work, visit, and recreate in the community; and WHEREAS, the Town of Avon Comprehensive Plan incorporates the following Goals and Policies: Goal K 4: Conserve environmental resources to ensure their most efficient use. Policy H.4.3: Require use of innovative and environmentally friendly appliances and building techniques, including water conservation approaches, for new and existing development. Goal J 3.1: Encourage the broad participation of citizens in planning efforts and decision - making. Policy J.3.2:- Build awareness of upcoming events, planning processes, and decisions. WHEREAS, the Avon Town Council finds that voter approval of the Energy Smart Local Improvement District will promote the goals and policies of the Avon Comprehensive Plan and will thereby promote the health, safety, and general welfare of the Avon community; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council of the Town of Avon hereby supports the Eagle County Referred Measure 1A in order to ensure that Avon property owners may be able to finance renewable energy or energy efficiency improvements on their property if they so choose. ACCEPTED, APPROVED AND ADOPTED ON OCTOBER 13, 2009. TOVOUNCIL: ATTEST: By: Ronald C. Wolfe, M yor By: fatty . McK�y, Town Clerk WIDNER MICHOW & COX- ATTORNEYS AT LAW MEMORANDUM TO: Honorable Mayor Wolfe and Town C cil members CC: Larry Brooks, Town Manager FROM: Kathie Guckenberger, Parale THROUGH: Eric Heil, Town Attorney DATE: October 7, 2009 SUBJECT: Resolution supporting Eagle County Referred Measure 1A Summary: The Avon Town Council was requested to endorse Eagle County's Referred Measure 1A (the Energy Smart Local Improvement District) by the adoption of a resolution. The Town of Avon may pass a resolution or take a position of advocacy regarding ballot issues, referred measures, or certified recall measures under the Colorado Fair Campaign Practices Act. Legal Analysis: The Colorado Fair Campaign Practices Act prohibits political subdivisions from contributing to campaigns involving the nomination, retention, or election of any person to any public office. C.R.S. §1- 45- 117(1)(a)(1). Political subdivisions may also not expend any public moneys from any source nor make any contributions to urge electors to vote in favor of or against any state -wide or local ballot issues that have been submitted for the purpose of having a title fixed or that has had a title fixed pursuant to C.R.S. §31 -1 -111, referred measures, or certified recall measures. /bid. However, the law specifically states that nothing in subsection (1) shall be construed as prohibiting [a political subdivision of the state] from passing a resolution or taking a position of advocacy on ballot issues, referred measures, or certified recall measures. C.R.S. §1- 45- 117(1)(b)(111)(A). Moreover, political subdivisions may also report the passage of or distribute such a resolution through established, customary means, other than paid advertising, by which information about other proceedings of the political subdivision are regularly provided to the public. C.R.S. §1-45- 117(1)(b)(III)(B). A carefully worded resolution by a town's voting body in support of a proposed referendum does not violate the Fair Campaign Practices Act. Requested Action: Consideration of resolution endorsing Eagle County referred measure 1 A. 0 Widner Michow & Cox L.LP Eric Heil, Esq., A.I.C.P. 13133 East Arapahoe Road, Suite 100 Direct Tel 303.754.3392 Centennial, CO 80112 eheil @wmcattorneys.com