HomeMy WebLinkAbout2006-09 Calling a Special Election concerning Ordinance 5, Series 2006, establishing Special Development District no. 39C7
RESOLUTION NO. 9
Series of 2006
A RESOLUTION CALLING A SPECIAL ELECTION IN THE TOWN OF
VAIL, COLORADO CONCERNING ORDINANCE NO. 5, SERIES OF
2006, AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT
DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A,
SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12,
ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS
IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State
of Colorado (the "Town"), is a home rule municipal corporation duly organized
and existing under laws of the State of Colorado and the Town Charter (the
Charter"); and
WHEREAS, the members of the Town Council of the Town (the
Council") have been duly elected and qualified; and
WHEREAS, on March 21, 2006, the Council adopted
Ordinance No. 5, Series of 2006, an ordinance establishing Special
Development District No. 39, Crossroads, Pursuant to Article A, Special
Development (SDD) District, Chapter 9, Title 12, Zoning Title, Town Code of
Vail, and setting forth details in regard thereto (the "Crossroads Ordinance");
and
WHEREAS, on April 27, 2006, and pursuant to Section 5.4 of
the Charter, the Town Clerk certified as SUFFICIENT a referendum petition
seeking reconsideration of the Council's adoption of the Crossroads
Ordinance, and if not so repealed upon reconsideration, that it be approved or
rejected at a Town election, pursuant to Article V of the Charter; and
WHEREAS, the Council has failed to repeal the Crossroads
Ordinance as required by the Charter; and
WHEREAS, based upon the Council's failure to repeal the
Crossroads Ordinance, it is now necessary for the Council to set a special
election, as set forth in Section 5.6(b) of the Charter; and
WHEREAS, pursuant to the Colorado Municipal Election Code,
specifically C.R.S. § 31-10-108, special elections may not be held within the 32
days before or after the date of a primary election; and
WHEREAS, there is a primary election scheduled forAugust 8,
2006, but Eagle County has declined a request from the Town to coordinate
the Town's special election with the primary election; and
Resolution No. 9, Series of 2006
WHEREAS, because of the time limitations of Article V of the
Charter, the Town Council has no choice but to set the Town's special election
within the 32 days prior to the August 8, 2006 primary election; and
WHEREAS, the Town, as a home rule municipality organized
and existing under Article XX of the Colorado Constitution, is bound by the
terms of its home rule charter when its charter conflicts with a state statute on
an issue of purely local concern; and
WHEREAS, a local referendum election is an issue of purely
local concern; and
WHEREAS, the Town Council finds and determines that the
provisions of Article V of the Charter conflict with C.R.S. § 31-10-108; and
WHEREAS, the Town Council finds and determines thatArticle
V of the Charter supersedes the conflicting provisions of C.R.S. § 31-10-108,
and therefore, the Town's special election must be scheduled for July 11,
2006.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN
COUNCIL OF THE TOWN OF VAIL, COLORADO:
Section 1. Pursuant to Section 5.6(a) of the Charter, the
Council hereby determines that a special election shall be held on July 11,
2006, at which there shall be submitted to the registered electors of the Town
the question set forth in Section 2 hereof. The special election shall be
conducted as a polling place election.
Section 2. The ballot title and text for the measure being
referred to the voters by this Resolution shall read as follows:
Question 1.
Shall Ordinance No. 5, Series 2006, an Ordinance Establishing
Special Development District No. 39, Crossroads, to Facilitate
the Redevelopment of an Existing Mixed Use Development in
the Town of Vail, take effect?
Section 3. The Council hereby appoints the Town Clerk as
the designated election official for purposes of the special election and all
powers and authority granted to the Council may be exercised by the
designated election official, including but not limited to the power to appoint
election judges.
Resolution No. 9, Series of 2006
2
Section 4. If a majority of the votes cast on Question 1 are
in favor of Question 1, Ordinance No. 5, Series of 2006 shall take effect upon
certification of the election results. If a majority of the votes cast on Question 1
are against Question 1, Ordinance No. 5, Series 2006 shall be considered
repealed upon certification of the election results.
Section 5. The officers 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 to be invalid or unenforceable, the
invalidity or unenforceability of such section, paragraph, clause or provision
shall in no manner affect any remaining provisions of this resolution, the intent
being that the same are severable.
Section 7. All resolutions or parts of resolutions inconsistent
herewith are hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed to revive any resolution or part of any
resolution heretofore repealed.
INTRODUCED, READ, APPROVED AND A9OPTED this 6th ~ay of June,
2006. / ~'
I
N O F ~~q~` j~ ~f /0. ,~ ,
EA,L ? ~rrovii`filtt, Mayor Pro Tem
S .
C~•~t'~ATT ST:
r ! r ~j
a
rel~ Donaldson, Town Clerk
own of Vail, Colorado
Resolution No. 9, Series of 2006