Loading...
HomeMy WebLinkAbout1975-06 Special Election Held on October 14, 19751 1 ~.- RESOLUTION NO. (p S~et~s aF I9'~S A RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER J.4, 1975 TN THE TOir,TN OF VAIL, COLORADO; DESIGNATING JUDGES lND CLERKS FOR SUCH ELECTION; PROVIDING I:'OR THE PUBLICATION OF NOTICES OF REGISTRATION FOR AND NOTICES OF SAID ELECTION; PROVIDING FOR OTHER DETAILS FOR SAID ELECTION; SUBMITTING TO THE REGISTERED QUALIFIED ELECTORS OF THE TOWN OF VAIL, COLORADO, AT SAID SPECIAL ELECTION, THREE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS OF THE TOWN IN THE TOTAL PRINCIPAL AMOUNT NOT EXCEEDING $ p ~~„FOR THE PURPOSE OF ACQUIRING, CONSTRU~G AND ' PROVIDING PARK AND RECREATION, PEDESTRIAN OVER- PASS, AND TRANSPORTATION CENTER PROPERTY, FACILITIES, AND IMPROVEMENTS FOR SAID TOWN. S~°HEREMS, the Constitution and laws of the State of Colorado, and the home rule Charter of the To~,Tn of Vail, Colorado, authorize the issuance by said Town of its negotiable coupan 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 WHEREAS, for a combination of such purposes, the Town Council of the Town of Vail, Colorado has determined that it would be in the best interests of the Town of Vail and the inhabitants thereof to issue General Obligation Bonds of the Town of Vail in an amount not exceeding $ ~~ ~ Gp.pop_GO for the purpose of defraying, in whole or in part, the cost ~'o''f~""'~a'cquiring, constructing and providing park and recreation, pedestrian overpass, and Transportation Center property, facilities and improvements for the Town, as more fully set forth in the Bond Questions appearing in Section 2 hereof, said bonds to be payable except to the extent other funds are available therefor, from general ad valorem taxes, and WHEREAS, it is first necessary to submit the separate questions of issuing such General Obligation Bonds for said municipal and public purposes to the qualified registered electors of the Town of Vail; NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCTL OF TFiE TOWN OF VATL, COLORADO THAT: Section 1. A special election shall be held in the Town of Vail, Colorado, an Tuesday, October 14, 1975, for the purpose of submitting to the qualified registered electors of the Town the Band Questions set forth in Section 2 hereof. Section 2. At said special municipal election to be held in the Town of Vail, Colorado on Tuesday, October l~, 1975, there shall be submitted to the vote of the gualified registered electors of the Town the questions of issuing negotiable, interest bearing, general obligation bonds of the Town in the amounts, for the purposes and within the limitations and terms hereinafter set forth in the following forms of Bond Questions herein sometimes designated as the "Bond Questions"}: J 1. PARK AND RECREATION BONDS, QUESTION SUBMITTED: 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 $ ~n or so much thereof as may be necessary for the purpos of defraying, in whole or in part, the cost of acquiring, constructing and equipping park and recreational land, improvements, and facilities, to include open space land, athletic fields, a public recreational center, a public museum facility and a gymnasium, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are 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 determine, including at the option of the Town Council provisions for the redemption of bonds prior to~~a~.urity with or without the payment of a premium?" 2. TRANSPORTATION CENTER IMPROVEMENT BONDS, QUESTION SUBMITTED: 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 $ $~',ppp ~ or so much thereof as may be necessary for the purpose of defraying, in whole~or in part, the cost of acquiring, constructing and equipping additions and improvements to the Vail Transportation Center, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including casts incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are 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 determine, including at the option of the Tawn Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" 3. I-70 PEDESTRIAN OVERPASS BONDS, QUESTION SUBMITTED: 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 $'~pp, ~, o~_or so much thereof as may be necessary for the purpose of defraying, in whole or in part, the cost of acquiring, constructing and equipping a pedestrian overpass and site therefor, together with all necessary incidental and appurtenant facilities, structures, land and equipment, to provide a pedestrian overpass over Interstate Highway 70 between the Potato Patch and LionsIIead subdivisions, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent ot~=er funds are 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 conditio~~s as the Town 6- Council may determine, including at the option of the Town Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" Section 3. Said Bond Questions shall be submitted to the qualified registered electors of the Town of Vail as provided by law in the said Town, which Town constitutes one voting precinct, at the Town of Vail Municipal Building, which is.the polling place used for regular Town elections and which is hereby designated as the polling place for said special municipal election, between the hours of 7.OO o'clock A.M. and 7:60 o'clock P.M. on October 14, 1.975. Section 4. The qualified registered electors of the Town shall vote at said special municipal election by secret paper ballot, either by absentee ballot or by appearing in person and voting at the polling place. Voting machines will not be used. The said special election sha11 be conducted as nearly as practicable in the same manner prescribed by law for the con- ducting of regular elections in the Town of Vail, Colorado. Section 5. e f°~_l~ii~ qualified reg~.stered electors of the Town of Vail a~`rP.~~'~L~~ appointed and sha11 act as judges and alternate judges, and clerks and alternate clerks for the special municipal election on Tuesday, October 14, 1975. r ~~ -rte ~ ~ .J 1~.? :. 7 -- Said judges and clerks shall receive in foil compensation for their services the amount of $~,gZ each. The Town Clerk is directed, pursuant to Colorado Revised Statutes 1973, X31-10-403, to mail certificates of appointment to such election officials. Section 6. Qualified electors possessing qualifications entitling them to vote at said special election and whose names do not appear in the Official Registration List, and electors who have changed their addresses, may register ar change their addresses at the office of the Vail Town Clerk ar the office of the Eagle County, Colorado, County Clerk at any time during regular business hours of those offices on or before Friday, September 12, 1975, in accordance with the home rule Charter of the Town of Vail. and the Colorado Municipal Election Code of 1965, as amended. Pursuant to Colorado Revised Statutes 1973, X31-10-244, the Town Clerk o€ the Town of Vail is hereby authorized and directed to serve as a deputy county clerk and recorder for purposes of such registration. Qualified registered electors, entitled to vote at said election who meet requirements of the Charter of the Town of Vail and the Colorado Municipal Election Code of 1965, as amended, who are voting by absentee ballot, may obtain information, apply for and receive an absentee ballot from the Town Clerk at any time during regular business hours of the Town Clerk's office an or before Friday, the 10th day of October, 1975, by following the procedures required by the Charter and said Election Code. Section 7. Ballots to be used in voting upon the questions to be submitted at said special municipal election shall be prepared and furnished by the Town Clerk to the Judges of Election, to be by them furnished to the qualified registered electors, which ballots shall be in substantially the following form: w_ No. w--STUB------..~.._---___-.~_----_.~___-------_~__.»..____ No. DUPLICATE STUB OFFICIAL BALLOT TOWN OF VAIL SPECXAL MUNICIPAL ELECTION STATE OF COLORADO OCTOBER 14, 1975 Each elector desirous of voting FOR or AGAINST the following Questions shall designate his ar her choice by placing a cross x] in the square opposite the word or words expressing has or her choice.) 1. PARK AND RECREATION BONDa, QUESTION SUBMITTED: Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing General~Obligation Bonds in one series or mare in an aggregate principal amount not to exceed $?75 pD~~ ar so much thereof as may be necessary for the purpos~ of defraying, in whole or in part, the cost of acquiring, constructing and equipping park and recreational land, improvements, and facilities, to include open space land, athletic fields, a public recreational center, a public museum facility and a gymnasium, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 2~5 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are 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 determine, including at the option of the Town Council provisions for the redemption of bands prior to maturity with or without the payment of a px'emiuzn~" FOR THE BONDS AGAINST THE BONDS 2. TRANSPORTATION CENTER IMPROVEMENT BONDS, QUESTION SUBMITTED: 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 $Qp,g~,or so much thereof as may be necessary for the purpose of defraying, in whole or in part, the cost of acquiring, constructing and equipping additions and improvements to the Vail Transportation Center, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not e};ceeding 10 percent per annum, and to mature serially dua:'ing a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general 1 ad valorem taxes, except to the extent other funds are 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 determine, including at the option of the Town Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" FOR THE BONDS AGAINST THE BONDS 3. I--70 PEDESTRIAN OVERPASS BONDS, QUESTION SUBMITTED: 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 $~p~_4C or So much thereof as may be necessary for the purpose of defraying, in whole or in part, the cost of acquiring, constructing and equipping a pedestrian overpass and site therefor, together with all necessary incidental and appurtenant facilities, structures, land and equipment, to provide a pedestrian overpass over Interstate Highway 70 between the Potato Patch and LionsHead subdivisions, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are available therefor, and such bands to be sold and issued at one tame nr from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine] including at the option of the Town Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" FOR THE BONDS AGAINST THE BONDS End of front of Ballot) 10-~ To be endorsed on back o~ Ba1~.ot) OFFICIAL BALLOT FOR SPECIAL MUNICIPAL ELECTIOI~7 HELD IN THETOWNOFVATL, COLORADO, OP1 OCTOBER ~.4, 1975. Facsimile Signature) Town Clerk Town o~ Vail, Colorado Z~.- F Section 8. No vote, either for ar against the questions to be so submitted at said special election, shall be received by the Judges of Election or permitted by the Judges of Election unless the person offering the same shall be a duly qualified and registered elector of the Town of Vail, Colorado. Section 9. The votes cast at the said special election shall be canvassed and tallied, and the returns thereof made, and the results thereof declared in substantially the same manner as is provided by law for the canvass, tally, return and declaration of the result of votes cast at regular municipal elections for the Town of Vail, Colorado. Section l0. if a majority of all the votes cast an each of the various questions set forth herein to be submitted at said election shall be in favor of issuing the bands far any one or all of the purposes stated in said questions, it shall then be lawful for the Town Council to authorize the proper officers of the Town of Vail, Colorado, to issue the negotiable coupon General Obligation Bonds of the Town of Vail, Colorado, in accordance with the proposal or proposals so approved at the election. Section ll. Notice of the subject special municipal election shall be published in The Vail Trail, a newspaper published and of general circulation in the Town of Vail, Colorado, in the editions of said newspaper dated September 26, 1975 and October 3, 1975, and in addition, notice of the election shall be publ~.shed in The Eagle Valley Enterprise, a newspaper published and of general circulation in Eagle County, Colorado, and in the Town of Vail., Colorado, in the editions of said newspaper dated September 25, 1975 and October 2, 1375. Section l2. A copy of the notice of the election shall be posted by the Town Clerk at the polling place at least ten days before said special election. Said notice of the election to be so published and posted shall be in substantially the following form: l~_ PUBLIC NOTICE OF SPECIAL MUNICIPAL ELECTION TOWN OF VAIL, COLOF.ADO OCTOnER 14, 1975 PU~3LTC NOTICE I5 HEREBY GIVEN that at a Special Munici- pal Election to be held in the Town of Vail, Colorado, on Tuesday, the 14th day of October, ,1975, there will be submitted to the qualified registered electors of the Town, the following questions: 1. PARK AND RECREATION BONDS, QUESTION SUBMITTED: Sha11 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 $77S ppp,~'. or so much thereof as may be necessary for the purpose of defraying, in whole or in part, the cost of acquiring, constructing and equipping park and recreational land, improvements, and facilities, to include open space land, athletic fields, a public recreational canter, a public museum facility and a gymnasium, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are available therefor, and such bonds to be sold and issued at one time ar from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine, including at the option of the Town Council provisions far the redemption of bonds prior to maturity with or without the payment of a premium?" 2. TRANSPORTATION CENTER IMPROVEMENT BONDS, QUESTION SUBMITTED: 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 $ $5~0~'~ or so much thereof as may be necessary far the purpa~e of defraying, in whole or in part, the cost of acquiring, constructing and equipping additions and improvements to the Vaal Transportation Center, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years frnm.the date ar respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are 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 determine, including at the option of the Town Council provisions far the redempt~.on of bonds prior to maturity with or without the payment of a premium?" 13- 3. I-70 PEDE6TRIAN OVERPASS BANDS, QUESTION SUBMITTED: Shall the I'o~,~n 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 $w{pp oc~ ar so much thereof as may be necessary for the urpase of defraying, in whole or in part, the cost of acquiring, constructing and equipping a pedestrian overpass and site therefor, together with all necessary incidental and appurtenant facilities, structures, land and equipment, to provide a pedestrian overpass over Interstate Highway 70 between the Potato Patch and LionsHead subdivisions, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than ~25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are ' 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 determine, including at the option of the Town Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" The election on the above three questions will be held at the Vail Municipal Building on Tuesday, October 14, 1975, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M. Those elector's who are citizens of the United States, of the age of eighteen (18? years or over, who have been residents of the State of Colorado for 32 days next preceding the election and who have been residents of the Tawn of Vail, Colorado, for 32 days next preceding the election, and who have been duly registered, shall be entitled to vote at the special municipal election. Those electors who are otherwise fully qualified to vote on said questions at such special municipal election, but who shall be absent from the Town of Vail, Colorado, or 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 Tawn of Vail on said election day, or because of serious illness or physical disability or far reasons based upon the doctrines of established religions shall be unable to attend the polls, may apply in writing at the office of the Vail Town Clerk, at the Vail Municipal Building, Vail, Colorado, for absentee ballots, at any time during regular business hours, on or before Friday, October 10, 1975. l~}_ The votes cast shall ba recorded on paper ballots and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as practicable in the manner prescribed by law for regular elections of the Town of Vaal, Colorado. XN WITNESS WHEREOF, the Town Council has caused this Notice to be gaveri as of the 9th day of September, 1975. S E A L ) /s/ Rosalie Jeffrey Town Clerk Town of Vail, Colorado Publish in The Eagle Valley Enterprise on September 25 and October 2, 1975. Publish an The Vaal Trail on September 26 and October 3, 1975. 15- 3 Section 13. Tn addition to the above specified Notice of the election, a Notice of Registration has been published in The Eagle Valley Enterprise on September 4, 1975, and in The Vail Trail on September 5, 1975. All actions of officials of the Town of Vail directed toward such publications are hereby ratified, approved and confirmed, and it is directed that said Native of Registration shall also be published in The Eagle Valley Enterprise on September 11, 1975, and in The Vail Trail on September 12, 1975, in substantially the fallowing form: Q -i6- NOTICE OF REGTSTRATIO~I SPECIAL RIUNICIPAL ELECTION TOWN OF VAIL, COLORADO OCTOBER 1~, 1975 NOTICE TS HEREBY GIVEN that a Special municipal Election of the Town of Vail, Colorado, will be held on Tuesday, October 14, 1975, Said Special Election relates to the issuance of General Obligation Bonds of the Town of Vail in a total principal amount not exceeding 1,250,000 for real estate acquisition and other municipal and pub-- tic purposes of said Town. In order to vote at such election on Tuesday, October 14, 1975, an elector must be a qualified, registered elector of the To~~m of Vail, Colorado. Persons who will be otherwise qualified to vote but who are not presently registered to vote should register at the office of the Vail Town Clerk at the Vail. Municipal T3uilding in Vail., Colorado, or at the office of the Eagle County Clerk and Recorder at the Eagle County Courthouse in Eagle, Colorado, at any time during the regular business hours of those offices, NOT LATER THAN FRIDAY, SEPTEMBER 12, 1975. A Notice of Election giving mare detailed information will appEar in the editions of this newspaper dated (far The Vail Trail newspaper, insert September 26, 1975 and October 3, 1975} (for The Eagle Valley Enterprise, insert September 25, 1975 and October 2, 1975) . TN WITNESS WHEREOF, the Tawn of Vail, Colorado, has caused this Notice to be given as of the 2nd day of September, 1975. S E A L) /s/ Rosalie ~'effrey Town Clerk Town of Vail, Colorado Publish in: Tl.1e Eagle Valley Enterprise on Septenl~er 4th and September 11th, 1975. Publish in: The Veil Trail on September 5th and September 12th, 1975. 17- Section 14. The authority to issue any or all of the bonds designated in the Bond Questions, if conferred at the election by the qualified registered electors authorized to vote thereon, shall be 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 full authority sa conferred by the electors voting in favor of any or all of said Bond Questions. Section 15. All action, not inconsistent with the provisions of this Resolution, heretofore taken by the officers of the Town of Vail, Colorado, elected and appointed, directed toward holding the special municipal election for the purpose of authorizing the issuance of General Obligation Bands of the Town of Vail for the purposes designated above in the Bond (questions, is hereby ratified, approved and confirmed. Section l6. All resolutions, or parts thereof, in conflict with this Resolution are hereby repealed. This repealer shall not be construed to revive any resolution, or part thereof, heretofore repealed. Section 17. Zf 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 not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution. Section 18. This Resolution shall take effect immediately upon its passage. RESOLUTION ADOPTED AND APPROVED this 9th day of September 1975. TOWN OF A , CO 0 By Mayor S E A L ) ATTEST: t.d Town C erk J Town of Vail, C lorada j 18- 1 .~ ' Councilman [~ac .~~~ b~ar~ seconded the motion, and the question being upon the passage and adoption of said Resolution, the roll was called with the following result: Those voting "Yes": Councilmen: John A. Dobson Thomas Steinberg John Donovan a~~~ Josef Stauf er Kathleen Klug James M. Slevin Those voting "No": ~~ members of the Council present having voted in favor of the passage and adoption of the Resolution, the presiding officer thereupon declared the Resolution duly passed and adopted. Thereupon, after consideration of other business to come before the Council, the maetin was adj own of Vail, Colorado S E A ) ATTES 0 Townl erk r~" Town of Vail, Co orado ! 19- STATE OF COLORADO } COUNTY OF EAGLE } ss. TOWN OF VATL ) T, ROSALTE JEFFREY, the Town Clerk of the Town of Vail, Eagle County, Colorado, da hereby certify: That the attached copy of Resolution Nv.~~s.~i~a~'1975, regarding the Town of Vail Special Municipal Election of October 1~, 1975, is a true and correct copy of said Resolution as passed and adopted by the Town Council at a Special Meeting thereof held at the Town Municipal Building, the regular meeting place of the Town Council in the Town, on Tuesday, the 9th day of September, 1975; that a true copy of said Resolution has been duly executed and authenticated by the signatures of the Mayor of the Town of Vail and myself, as Town Clerk of said Town, sealed with the seal of the Town, and recorded in the official records of the Town. T further certify that the foregoing pages constitute a true and correct copy of the record of the proceedings of the Town Council at its said special meeting of September 9, 1975, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that said meeting was duly held; and that the persons were present at said meeting as therein shown. TN WITNESS WHEREOF, T have hereunto set my hand and the seal of the Town of Vail, Colorado this ~ day of S~r,~, 1975. own Clerk own of Va , Lora o S E A L ) a-