HomeMy WebLinkAbout1979-24 Amending Resolution 21r
ESOLUTION N0: 2~
Series of 1979
A RESOLUTION AMENDING RESOLUTION N0. 21, SERIES OF 1.979, SUBMITTING
TO THE REGISTERED QUALIFIED ELECTORS OF THE TOWN OF VA TL, COLORADO,
ONE QUESTION OF ISSUING GENERAL OBLIGATION BONDS OF SAID TOWN TN AN AGGREGAT]
PRINCIPAL AMOUNT NOT EXCEEDING $7,000,000 FOR THE PURPOSE OF ACQUIRING,
CONSTRUCTING, INSTALLING, AND EQUIPPING A NEW PUBLIC PARKING FACILITY
AND ADJUNCT FACILITY WITHIN AND FOR SAID TOWN, SAID QUESTION TO BE SUBMITTED
AT THE REGULAR MUNICIPAL ELECTION OF SAID TOWN TO BE HELD NOVEMBER 20, 2979;
DESIGNATING JUDGES AND CLERKS FOR SAID ELECTION; PROVIDING FOR PUBLICATION
OF NOTICE OF REGISTRATION AND POSTING AND PUBLICATION OF NOTICE OF SAID
ELECTION; AND OTHERWISE PROVIDING FOR THE CONDUCT THEREOF.
Z~HEREAS, the Constitution and laws of the State of Colorado,
and the Hame Rule Charter of the Town of Vail, Colorado ("the Town"},
authorize the issuance by the Town of its negotiable, interest
bearing general obligation bonds for the purpose of securing funds
to defray the costs of the acquisition and improvement of real and
personal property for municipal and public purposes; and
S~IHEREAS, the Town Council of the Town has determined that it
would be in the best interests of the Town and the inhabitants
thereof to issue general obligation bonds of the Town in an aggregate
principal amount not exceeding $for the purpose of
defraying, in whole or in part, the cost of acquiring, constructing,
installing and equipping a new public`parking facility within and
for the Town, as set forth more fully in the bond question appearing
hereinafter in the forms of Notice Concerning Regular ,'~?unicipal
Election and Ballot hereby prescribed; and
hHEREAS, it is first necessary to submit the question of
issuing such bonds for said municipal and public purposes to the
qualified registered electors of the Town.
NOta, TFlEREFORE, BE IT RESOLVED BX THE TOjti'N COUNCIL Off' THE
TOj`TIV OF VAIL, COLORADO, THAT
Section 1. The Regular Municipal Election of the Town shall
be held in the Town on Tuesday, November 20, 1979, between the hours
of 7:00 a.m. and 7:00 p.m.
Section 2. At said Regular !•~unicipal Election there shall be
submitted to a vote of the registered qualified electors of the Tawn
one question of issuing negotiable, interest bearing general
obligation bonds of the Town in the amount, for the Durpose and
within the limitations and terms set forth in the bond guestian
aL~pearing hera~inafter.
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Section 3. No vote, wither for or against the question to be
subrnittcd at said Regular Municipal Election, shall be received or
permitted by the judges of election unless the person offering the
same shall be a duly registered and qualified elector of the Town.
Section 4. Qualified electors whose names do not appear on
the Official Registration list and electors who have changed their
addresses may register or change their addresses at the office of
the County C1.exk and Recorder of Eagle County, Colorado, or at the
office of the Town Clerk of the Town, at any time dur~.ng rectular
business hours of those offices on or before Friday, Octobez- l9,
1979, in accordance with the home Rule Charter of the Town ~3nd
Colorado Municipal Election Code of 1965, as amended. In order
to so inform the electors of the Town, the Town Clerk shall. cause
a i~'otice of Registration in the following form to be published
in two weekly editions of The Vail Trail, a newspaper of general
circulation in the Town, prior to the closing of the registration
books for said Regular Municipal Election.
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NOTICE Off' REGISTRAT70N
REGULAR MUNICIPAL ES,ECTION
TOWN OF VAIL, COLORADO
NOVEMBER 20; 1.979
NOTICE IS HEREL~Y GxVEN that in order to vote at the Regular
Municipal Election to be held in the Town of Vail, Colorado, on
Tuesday, November 20, 1979, one must be a registered qualified
elector of the Town of Vail. Qualified electors i,~hose names do
not appear on the Official Registration List for the Town of Vail
or who have changed their addresses may register or change their
addresses at the office of the County Clerk and Recorder at the
Eagle County Courthouse in Eagle, Colorado, or at the office of
the Town Clerk at the Vail Municipal Building in Vail, Colorado,
during regular business hours ON OR BEFORE FRIDAY, OCTOBER 19, 1979.
At said Regular Municipal Election there will be submit~.ed
to the registered qualified electors of the Town of Vail one
question of incurring bonded indebtedness in an aggregate principal
amount not exceeding $for the purpose of acquiring,
constructing, installing, and equipping a new public parking facility
within and for the Town, all as set Earth in a Notice Concerning
Regular rsunicipal Election to be published in this newspaper an
November 2, and 9, 1979.
IN WITNESS t~••:HEREOF, the Town Council of. the Town of Vail,
Colorado, has caused this notice to be given.
TO[•1N )
SEAL)
s/ Colleen Kline
Town Clerk
Town of Vail, Colorado
Publish in: The Vail Trail
Vail, Colorado
Publish on: and October ~, 1979
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Section 5. The registered qualified electors of the Town
shall vote at said Regular Municipal Election by secret piper
ballot, either by submitting an absent voter ballot or by appearing
and casting a ballot at the polls. Voting machines will not be
used. Said Regular Municipal Election shall be conducted in the
r^,anner prescribed by law for the ,conducting of all such regular
municipal elections in the Town.
Section 6. Registered qualified electors entitled to vote
at said election who meet the requirements of the Colorado p~lunicipal
Election Cade of 19E5, as amended, who intend to vote by absent
voter ballot, may obtain information and apply for and receive
an absent voter ballot at the office of the Town Clerk in the Vail
Municipal Building, Vail, Colorado, at any time during regular
business hours on or before Friday, November 16, 19'19, by
following the procedures required by said Election Code.
Section 7. The Town constitutes, and there sha11 be for
purposes of said Regular Municipal Election, one election precinct,
the boundaries of which shall be the same as those of the Town, and
the polling place for which shall be the Vail Punicipal Building,
Vail, Colorado. The absent voter polling place shall also be the
Vail runicipal Building.
Section 8. The folloc,>ing registered qualified electors of
the Town are hereby appointed and shall act as judges and alternate
judges and clerks and alternate clerks for said Regular Municipal
Election;
Judges:
s G C"~/
1~ oss /
Alternate Judges:
v ~ J-L~ ASS ~
k ~ E7U
Clerks: ~ Alternate Clerks:
Q~~ N B ~~ L.. L~iVLLl1~1~4-~
Said judges an clerks shall receive in full compensation for their
services the sum of $44 each. The Town Clerk is hereby instructed
to mail certificates of aupointment to such election .officials and
to maintain a list for public inspection of those so appointed.
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Section 9. The Town Clerk is hereby instructed to p~~blish a
Notice Concerning Regular Municipal Election in two weekly editions
of The Vail Trail, a newspaper of general circulation in the Town,
at least ten days before said election, provided that the latter
of said editions shall be the next to the last issue of sand
ne~ti~spaper before sand election. The Town Clerk is further instructed
to post a copy of said notice at the polling place at least ten
days before said election. Said Tlotice Concerning Regular T•lunicipal
Election shall be in substantially the following form:
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NOTICE CONCERNING REGULAR MUNI~..IPAL ELECrxON
TOWN OF VAxL, COLORADO
NOVEMBER 20, 1979
NOTICE I5 HEREBY GIVEN that at the Regular Municipal Election
of the Town to be held at the Vail Municipal Building, Vail,
Colorado, on Tuesday, the 20th day of Noverriber, 1979, bet~4°e en the
hours of 7:00 a.m. and 7;00 p.m. there will be submitted to the
registered qualified electors of the Town of Vail, Colorado, the
following question:
Shall the Town of Vail, Colorado, be authorized to issue its
negotiable, interest bearing general obligation bonds in one
series or more in an aggregate principal amount not to exceed
or so much thereof as may be necessary, for
the purpose of defraying, in whole or in part, the cost of
acquiring, constructing, installing and equipping a new
public parking facility within and :Eor said Town, together
with all necessary incidental and appurtenant properties,
structures, facilities, equipment and costs, such bands to
bear interest at a maximum net effective interest rate not
exceeding 10 percent per annum, and to mature seria]_ly during
a period of not more than 30 years from the date or respective
dates of the bonds, such bonds to be payable from general ad
valorem taxes and other funds legally available therefor, and
such bonds to be sold and issued at one time or from time to
time, in such manner and amounts and upon such terms and
conditions as the Town Council may later determine, including
provisions for the redemption of bands prior to maturity upon
payment of a premium not exceeding 3 percent of. the principal
thereof?"
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Those persons who are citizens of the United States, eighteen
18) years of age or older, who have been residents of the State of
Colorado for 32 days next preceding the election and residents of the
Town of Vail, Colorado, for 32 days next preceding the election and
who have been duly registered in the Town of Vail shall be entitled
to vote at said Regular Municipal Election.
Those electors who are otherwise fully qualified to vote on
said question at said Regular Municipal Election, but who shall be
absent from the Town on the day of said election, or who by reason
of their work or the nature of their employment are likely to be
absent and fear that they will be absent from the Town on the day
of said election, or who because of serious illness or physical
disability, or who far reasons based upon the doctrines of an
established religion, shall be unable to attend the polls, may
apply in writing at the office of the Town Clerk of Vail, Colorado,
at the Vail Municipal Building, Vail, Colorado, for absent voter
ballots at any time during regular business hours on or before
Friday, November 16, 1979.
There will be only one election precinct for said Regular
riunicipal Election, the boundaries of which shall be the same as
those of the Town and the polling place for which shall be the
Vail ^~unicipal Building, Vail, Colorado. The absent voter rolling
place shall also be the Vail Municipal Building.
The votes cast shall he recorded on paper ballots, and said
election shall be held and conducted, the returns thereof canvassed,
and the results thereof declared, in the manner prescribed by law
for all such regular municipal elections in the Town,
IN WITNESS i~HEREOF, the Town Council has caused this notice to
be given.
TO,.TI}
SE.AL)
Publish in: The Vail Trail
s/ Colleen Kline
Town Clerk
Town of Vail, Colorado
Pi:blish on: November 2 and 9, 1979
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Section 10. Ballots to be used in votx.ng upon the question
to be submitted at said Regular Municipal Election shall be pre-
pared and furnished by the Town Clezk to the judges of election,
to be by them furnished to the registered qualified electors. Said
ballots shall be in substantially the following form:'
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No , 5`i'UB
No. DUPLICATE STUB
OFFICIAL BALLOT
TOZ•7N OF VAIL
REGULAR MUNICIPAL, ELECTION
STATE OF COLORADO
NOVE^,BER 20, 1979
Each elector desirous of voting FOR or AGAINST the following
question shall designate his ar her choice with respect thereto by
placing a crass [xJ in the square opposite the word or words expressing
such choice.)
Shall the Town of Vail, Colorado, be authorized to issue its
negotiable, interest bearing general obligation bonds in one
series or more in an aggregate principal amount not to exceed
or so much thereof as may be necessary, far the
purpose of defraying, in whole or in part, the cost of acquiring,
constructing, installing and equipping a new public parking
facility within and for said To~an, together with all necessary
incidental and appurtenant properties, structures, facilities,
equipment and costs, such bonds to bear interest at a maximum
net effective interest rate pat exceeding 10 percent per annum,
and t.o mature serially during a period of not more than 30
years from the date or respective dates of the bonds, such
bonds to be payable from general ad valorem taxes and other
funds legally available therefor, and such bonds to be sold
and issued at. one time or from time to time, in such manner
and amounts and upon such terms and conditions as the Town
Council may later determine, including provisions far the
redemption of bonds prior to maturity upon payment of a
premium not exceeding 3 percent of the principal thereof?"
FOR THE BONDS
AGAINST THE BONDS
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to be endorsed on back of Ballot}
OFFICIAL BALLOT FOR REGULAR MUNICIPAL ELEC.'TION HELD IN THE TOATN OF
VAIL, COLORADO, ON NOVEMBER 20, 1979,
Facsimi~.e SignatL~re}
Town Clerk
Town o~ Vai1., Colorado
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Section 11. The votes cast at said Regular Municipal Election
shall be canvassed, the returns thereof made, and the results thereof
declared in the manner provided by law for the canvass, return and
declaration of the result of votes cast at all such regular
municipal elections in the Town.
Section 12. The Town Clerk is hereby authorized and directed
to perform all acts as are or may be necessary to comply with tha
applicable provisions of the federal Voting Rights Act Amendments
of 1975, including the provision of all registration and voting
notices, forms, instructions, assistance, or other materials or
information relating to the electoral process, including ballots,
in both the English and Spanish languages.
Section 13. If a majority of all the votes cast on the bond
question set forth hereinbefore to be submitted at said election
shall be in favor of issuing the bonds for the purpose stated in
said question, it shall then be lawful for the Town Council to
authorize the proper officers of the Town to proceed to issue the
negotiable, interest bearing general obligation bonds of the Town,
in accordance with the proposal so approved at the election. The
authority to issue any or all of the bonds designated in the bond
question, if conferred at the election by the registered qualified
electors authorized to vote thereon, sha11 he deemed and considered
a continuing authority to issue and deliver the bonds so authorized
at one time, or from time to time, and neither the partial exercise
of the authority so conferred, nor any lapse of time, shall be
considered as exhausting or limiting the fu11 authority so
conferred by the electors voting in favor of said bond question.
Section l4. All actions, not inconsistent with the provisions
of this Resolution, heretofore taken by the officers of the Town,
whether elected or appointed, directed toward holding said Regular
Municipal Election are hereby ratified, approved and confirmed.
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Section 1S. All resolutions, or parts thereof, in conflict
with this resolution are hereby repealed, except that this
repealer shall not be construed to revisE~ any resolution, or
part thereof, heretofore repealed. '
Section 16. If any section, paragr~~ph, clause or provision
of this Resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability or such section,
paragraph, clause or provision shall not affect any of the rem~~ini.na
sections, paragraphs, clauses or provisicans of this Resolution.
Section 17. This Resolution shall take effect i~nrnediately
upon its adoption.
b~• c~~43'l~t
RESOLUTTDN ADOPTED AND APPROVED THI;7 ~ day of - 1979•
TOL~TN OF VAIL, COLDRADO
By
Mayor
T OI4IV )
SEAL )
ATTEST:
r
Town Clerk
Town of Vail, Colorado
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