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Home My WebLink About2002-15 Repealing and Reenacting Resolution no. 14ti RESOLUTION NO. 15 Series of 20x2 A RESOLUTION REPEALING AND REENACTING R1;50LUTION NO. 'I~; CALLING A SPECIAL ELECTION 1N THE TOWN OF VAIL, COLORAD^ CONCERNING THE ISSUANCE O>F BONDS AND INCREASE IN TAXES TD FINANCE A CONFERENCE CENTER; AN^ PROVIDING ^THER DETAILS RELATING THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado {the "Town"J, 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, the Council hereby finds and determines that it is in the public interest to finance the construction of a conference center in Town and that it is necessary to increase taxes and issue bonds far such purpose; and WHEREAS, Article ~, Section 20 of the Constitution ("TABOR"} requires voter approval for incurring debt, the creation of any tax, and for spending certain moneys above limits established by TABOR; and WHEREAS, TA80R requires the Town to submit ballot issues has defined in TABOR} to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 5, 2Q02, is one of the election dates at which ballot issues may be submitted tv the Town's electors pursuant to TABOR; and WHEREAS, the County Clerk of Eagle County (the "County Clerk"} is conducting a coordinated election on November 5, 2t3Q2, pursuantta Section 1-7-116, C.R.S. WHEREAS, the Council is of the opinion that the Town should seek voter approval to increase taxes for the purposes provided in this resolution; and WHERI=AS, it is necessary tv set forkh certain procedures concerning the conduct of the election. NOW, THERFORE,I3E IT.RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. All actions heretofore taken (not inconsistent with the previsions of this resolution) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated are hereby ratified, approved and Resolution Nv. 15, Series of 202 confirmed. Unless otherwise defined herein, all terrr~s used herein shall have the meanings defined in Section 1-1-1 D4, C.R.S., and TABOR. Section 2. Pursuant to the applicable laws of the Sta#e of Colorado, the Council hereby determines that an election shall be held on November 5, 2DD2, at which there shall be submitted to the registered electors of the Town the questions set #vrth in Section 3. hereof. The Town shall participate in the coordinated election being conducted by the County Clerk on November 5, 2DD2. The officers of the Tawn are authorized to enter into an intergovernmental agreementwi#h the Gounty Clerk pursuant to Section 1-7-116 of the Uniform Election Code. Any such intergovernmental agreements heretofore en#ered into in connection with the Election are hereby ratified, approved and confirmed. Section 3. The Council hereby authorizes and directs the designated election official to certify to the County Clerk, on or before September 11, 2DD2, the ballot issue in substantially the form of the following question: SHALL THE TOWN OF VAIL DEBT BE INCREASED $5o,D6b,DDD WITH A REPAYMENT COST DF $95,61D,ODD AND S!-IALL TOWN TAXES BE INCREASED $3,83D,ODD ANNUALLY AND BY WHATEVER ADDITIONAL AMOUNTS A5 ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY ^F THE TAXES ^ESCRIBED HEREIN FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND OPERATION DF A CONFERENCE CENTER SUBJECT TO THE FOLLOWING LIMITS: THE TAX INCREASE SHALL BE ACCOMPLISHED BY THE LEVY OF A TOWN LODGING TAX AT THE RATE OF 1.5D'%y AND AN INCREASE IN THE TOWN SALES TAX RATE FROM ~4.DD°Io TO 4.5D°/o; THE LODGING TAX SHALL BE L)=VIE^ ~N THE PRICE PAID FOR THE RENTING aR LEASING OF LODGING FOR LE55 THAN THIRTY CONSECUTIVE DAYS; THE INCREASED SALI=S TAx SHALL APPLY TO ALL TRANSACTIONS THAT THE TOWN'S EXISTING SALES TAX APPLIES TO EXCEPT FOR THE SALES OF FOOD FOR HOME CONSUMPTION; THE INCREASE 1N THE SALES TAX AND THE LODGING TAX SHALL TERMINATE WHEN THE DEBT 15 PAID IN FULL; SUCH ^EBT SHALL BE EVIDENCED BY THE ISSUANCE OF REVENUE BONDS PAYABLE FROM THE TAXES AUTHORIZED BY THIS QUESTION AN^ OTHER TOWN REVENUES AS THE COUNCIL MAY DETERMINE; SUCH Resolution Na. 95, Series of 2002 6DNDS TO BE SOLD IN DNE DR MORE SERI1=5 OfV TERMS AND CONDITIONS AND WITH SUCH MATURITIES A5 PERMITTED BY LAW AN^ AS THE TOWN COUNCIL MAY DETERMINE, INCLUDING PROVISIONS FDR REDEMPTION OF THE BONDS PRIOR TD MATURITY WITH DR WITHOUT PAYMENT OF A PREMIUM; AN^ SHALL THE PROCEEDS DF SUCH DEBT AND TAXES AND ANY EARNINGS I=ROM THE INVESTMENT OF SUCH PROCEEDS AND REVENUES SE COLLECTE^ AND SPENT AS A VOTER APPRDVE^ REVENUE CHANGE UNDER ARTICLE X, Sl=CT10N 20 DF THE COLORADO CONSTITUTION? Section ~. The Council hereby appoints the Town Clerk as the designated election official #or purposes of performing acts required ^r permitted by law in connection with the election. Pursuant to 5ectian 'i-1-1 ~ 1~2} C.R.S., 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. Section 5. If a majority of the votes cast on the question to autharixe the bonds and the levy of taxes submitted at the election shall be in favor of issuance of the bonds and the levy of taxes as provided in such question, the Town acting through the Counc"sl shall be authorized to proceed with the necessary action to issue the bonds and the levy of taxes in accordance with such question. Any authority to issue the bands and levy the taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to issue the bonds and levy the taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any 4apse of time, shall be considered as exhausting or limiting the full authority sa conferred 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 7. if any section, paragraph, clause or provision of this resolution shaA far any reason beheld to be invalid or unenforceable, the invalidity or unenfarceability of such section, paragraph, clause ^r provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. 5ectian 8. 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. Resolution No. 15, Series of 202 INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of September, 2QQ2. Ludwig Kurz, Mayo otoR~d~ ATTE T: arei~ ^analdson, Tawn Clerk Tawn of Vail, Calvrada Resolution No. 15, Series of 2flQ2 4 STATE or coLORADO } COUNTY GF EAGLE } SS. TGWN CF VAIL ) I, the Town Clerk of the Town of Vail, Colorado, do hereby certify 1. That the foregoing pages are a true, perfect and complete copy of the resolution adopted by the Town Council constituting the governing board of the Town of Vail [the Town Council"}, had and taken at an open, regular meeting ^f the Town Council held at the Town Hall, in Vail, Colorado, on September 3, 202, convening at the hour of 7:~D p.m. as recorded in the regular book of official records of the proceedings of said Town of Vail kept in my office. 2. That the Resolution was duly moved and seconded and the Resolution was approved by the following vote: Those Voting Yes: ~ ~ ~~r ~ ~~~ 2 ~i'A~d'e D.4 SG r FE.~ ~AYd~c° ~rPa- r~~ rL G ~.1 Ear 7`T Cr7.PEGr f~D FF~! YrJ~t' Q C ~c ,E~~ r Those Voting No: ,~/~~~' s~Drr~dU~'c-~ Those Abstaining: d Those Absent: ~ The nnembers of the Town Council were present at the meeting and voted on the passage of such Resolution as set forth above. 4. There are no bylaws, rules or regulations of the Town Council which might prohibit the adoption of said Resolution. Notice ^f the meeting of September 3, 24ti2, in the form attached hereto as Exhibit A was posted at the Town Hall, not less than 24 hours prior to each meeting in accordance with law. WITNESS my hand and the seal of said Tawn affixed dais day of September, zoo2. a~~ of ~,~~ SEAL} tv~~~° Town Clerk EXHIBIT A NOTICE DF THE MEETING C-1 N_ 220 pRDOF DF PUBI.iCATiDN STATE DF COL~RAOD 55. COUNTY GF EAGLE I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior #o the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Coiarado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper far the period of ......~.......... consecu a insertions; and that the first publication of said notice was in the issue of said newspaper dated `•~lY.V 0~ a'f-.~••~••••••• A.C, ... ...~.1.., and that the last~~pu77b~~lication of said notice was in lithe issue of said newspaper A.D..........~G1~dated.. .Q.t?7~t.~~4• •~ .............. In witness whereof I have hereunto set my hand this ......,..I...... day of ..... ..~•~..~•• ~ Publisher Subscribed and warn to befiere e, a n ary public in and for the Gounty o4 Eagle, State of Colorado, this ..................~~ ....., day of ....~r ~.....i~.~Y.rs..~1[~ ~^ r f ~} ~ Notary Public My Commission expires ...... .......r7t7~ •/•:• •G.bi/~