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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a referendum petition seeking reconsideration of the Council's adoption of the Crossroads Ordinance, and if not so repealed upon reconsideration, that it be approved or rejected at a Town election, pursuant to Article V of the Charter; and WHEREAS, the Council has failed to repeal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