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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. 2- 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. 4- 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 5- 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. 6-- A 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: 7- 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?" g_ 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 9- 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:' 10- 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 11~ 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 12- I ,• 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. 13- Y 1 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 lq_