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HomeMy WebLinkAbout2002-14 Special Election concerning the Issuance of Bonds and Increase in Taxes to Finance a Conference CenterRepealed and Reinacted as Resolution RESOLUTION ND. 14 Series of 2D02 A RESOLUTION CALLING A SPECIAL ELECTION IN THE TOWN ^F VAIL, COLORADO CONCERNING THE ISSUANCE OF BONDS AND INCREASE iN TAXES TO >FINANCE A CONFERENCI= CENTER; AND PROVIDING OTHER pETAILS RELATING THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado the "Town"], is a home rule municipal corporation duly arganiaed 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 bands for such purpose; and WHEREAS, Article X, Section ~0 of the Constitution {"TABOR"} requires voter approval far incurring debt, the creation of any tax, and for spending certain moneys above limits established by TA6~R; and WHEREAS, TABOR requires the Town to submit ballot issues (as 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, 2002, is one of the election dates at which ballot issues may be submitted to the Town's electors pursuan# to TABOR; and WHEREAS, the County Clerk of Eagle County the "County Clerk"} is conducting a coordinated election on November 5, 2002, pursuant to 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 WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NQW, TFIERFORE, 6E IT RES4LVE© DY THE TOWN COUNCIL OF THE TOWN OF VAIL, CDLaRADO: Section 1. All actions heretofore taken (not inconsistentwith the provisions 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 confirmed. Unless otherwise defined herein, all terms used herein shah have the meanings defined in Sec#ion 1-1-104, C.R.S., and TABOR. Resolution No. t4, Series of 202 Section 2. Pursuant to the applicable laws of the State of Colorado, the Council hereby determines that an election shall be held on November 5, ZD42, at which there shall be submitted to the registered electors Df the Town the questions set forth in Section 3. hereof. The Town shall participate in the coordinated election being conducted by the County Clerk on November 5, 2002. The officers of the Tawn are authorized to enter into an intergovernmental agreement with the County Clerk pursuant to Section 1-7-116 of the Uniform Election Code. Any such interga~ernmental agreements heretofore entered 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, 2042, the ballot issue in substantially the farm of the following question: 5HALL THE TQWN OtF VAlL DEBT BE INCREASED $5d,D6t7,4D4 WITH A REPAYMENT COST OF $95,614,444 AND SHALL TOWN TAXES BE INCREASED $3,834,D44 ANNUALLY FQR THE PURPC3SE OF FINANCING THE CONSTRUCTIQN AND OPERATION OF A CQNI=ERENCE CENTER SUBJECT TO THE FALLOWING LIMITS: THE TAX INCREASE SHALL 8E ACCOMPLISHED BY THE LEVY OF A TOWN LODGING TAX AT THE RATE QF 1.50°/° AND AN INCREASE 1N THE TOWN SALES TAX RATE FROM 4.44°/o TG 4.54°la; THE LODGING TAX SHALL BE LEVIED ON THE PRICE PAID FDR THE RENTING DR LEASING OF LODGING FOR LESS THAN THIRTY C{~NSECUTIVE DAYS; THE INCREASED SALES TAX 5HALL APPLY TO ALL TRANSACTIONS THAT THE TOWN'S EXISTING SALES TAX APPLIES TD EXCEPT FOR THE SALES OF FOOD FOR HOME CONSUMPTIaN; THE INCREASE IN THE SALES TAX AND THE LODGING TAX SHALL TERMINATE WHEN THE DEBT IS PAID 1N FULL; SUCH DEBT SHALL BE EVIDENCED BY THE ISSUANCE OF REVENUE BANDS PAYABLE FROM THE TAXES AUTHORIZED 13Y THIS QUESTION AND OTHER TOWN REVENUES AS THE COUNCIL MAY DETERMINE; SUCH BONDS TO BE SOLD IN ONE OR MORE SERIES ON TERMS AND CONDITIONS AND WITH SUCH MATURITIES A5 PERMITTED BY LAW AND AS THE TOWN CQUNCiL MAY DETERMINE, INCLUDING PROVISIONS 1=0R REDEMPTION OF THE 80ND5 PRIOR TD MATURITY WITH OR WITHOUT PAYMENT ^F' A PREMIUM; r~ Resolution No. 14, Series of 2U42 AND SHALL THE PR[7CEED5 OF SLJCti ^EBT AND TAXES AND ANY EARNINGS FRQNt THE INVESTMENT OF SUCH PRQCEEDS AN^ REVENUES 6E COLLECTED AND SPENT AS A VQTER APPRQVED REVENUE GHANGE UNDER ARTICLE X, SECTtQN 20 QF THE COLORADQ CONSTITUTIaN? Section ~. The Council hereby appoints the Town Cleric as the designated election official far purposes of performing acts required or permitted by law in connection with the election, Pursuantto Section 1-1-111~2y C.R.S., all powers and authority granted to the Council may be exercised by the designated elgctian fficial, including but not limited to the power to appoint election judges. 5ectian 5. if a mayarity of the votes cast on the question to authorize the bands and the levy ofitaxes submitted at the election shall be in favoraf issuance of the bonds and the levy of taxes as provided in such question, the Town acting through the Council 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 bonds 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 lapse of time, shall be considered as exhausting ar limiting the full authority so conferred 5ectian 6. The officers of the Tawn 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 shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause ^r provision shalt in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. Section 8. AI! 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. Resofulian hto. 14, Series of 2042 INTRgaUCQQ, REA[], ApPRgVEQ AN^ ADgPTE^ this 20th day of August, 2dd2. q~, -. SE~ Ludwig u ,Mayor ATTEST: f elei vnaEdson, lawn Clerk Town of Vail, Colorado Resokution Ala. 'i4, Series of 2002 4 STATE OF C~LQRAD~ y CQUNTY DF EAGLE } ~~• TOWN QF 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 resoiutian 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 of the Town Council held at the Town Hall, in Vail, Colorado, on August 20, 2002, convening at the hour of 5:00 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: ~ ` R These Voting Yes: ~~r~w ~ ~'_~ c.l~ f7~ 3 .~ ~ ir~ ~ ~ ~~~-g_~ ~aL 1~~a~'F~_-~ Those Voting Nv: ~ i CLa-4p. 1~ n r•~ o~~, Those Abstaining: Thane Absent: 3. The members 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 yr regulations of the Town Council which might prohibit the adoption of said Resolution. 5. Notice of the meeting ^f August 20, 2002, 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 Town affixed this [ day of August, 2002. o~~ ~ ~°~ti SEAL} S~~ a~ z_ Q--t ~ . Town Clerk EXHIBIT A NQTICE Q~' THE MEETING C-1 NOW THREOFRE BE IT RESOLVED BYTHE TOWN COUNCIL OF THE TOWN OF VAlL, COLORADO: Section 1. All actions heretofore taken (not inconsistent with the provisions of this resolution] by the Town and the officers #hereof, directed towards the election and the objects and purpQSes herein stated are hereby ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Section 1-1-1x4, C.R.S., and TABOR. Section 2. Pursuant to the applicable laws of the State of Colorado, the Cauncii hereby determines that an election shall be held an November 5, 2x02, at which there shall be submitted to the registered electors of the Town the questions set Earth in Section 3 hereof. The Town shall participate 'tn the coordinated election being conducted by the County Clerk on November 5, 2flD2. The officers of the Town are authorized to enter into an intergovernmental agreement with the Gounty Clerk pursuant to Section 1-7-116 of the Uniform Election Cade. Any such intergovernmental agreements heretofore entered 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, 20D2, the ballot issue in substantially the farm of the following question: SHALL T(7lNN OF VAIL TAXES BE INCREASE^ $2,3(]0,{]x0 ANNUALLY IN 2DtJ3 AND THEN ANNUALLY SY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER FROM THE LEVY OF AN ADDITIONAL PROPERTY TAX OF NOT TO E}CCEED FOUR MILLS FOR THE PURPOSES OF INCREASING FIRE PROTECTION AND SUPPRESSION RESOURCES AND FOR CONSTRUCTION, ACQUISITION, OR MAINTENANCE OF CAPITAL PROJECTS; AND SHALL THE PROCEEDS OF SUCH TAXES AND ANY INVESTMENT INCOME THEREON, 13E COLLECTE^ AND SPENT AS A V~7TER-APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WH1CFi WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? Section ~. The Counci4 hereby appoints the Town Clerk as the designated election official for purposes of performing acts required or permitted by law in connection with the election. Pursuant to Section 1-1-111(2y 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 o€ the votes cast an the question to authorize the levy of taxes submitted at the election shall be in favor of the levy of taxes as provided in such question, the Town acting through the Council shall be authorized to proceed with the necessary action of the 4evy of taxes in accordance with such question. Any authority to levy the taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority t4 levy the taxes sa Resolution No. 11, Series of 202 ~ au#horized at any 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 so conferred. Section 6. The officers of the Town are hereby authorized and directed to take ail action necessary or appropriate to effectuate the provisions of this resolution. Section 7. 1f any section, paragraph, clause or provision of this resolution shall far 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 8. Ali resolutions ^r 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. Section 9. This resolution shall take effect immediately upon its passage. INTRODUCED, August, 2iJ02. READ, APPROVED AND ADOPTED this 20~h day of p~~ of +',~ S~t~+ ATTEST: i I~ Ludwig IC~.i~Mayor RP~~ 17~n ~.~~ ele' Donaldson, Town Clerk Resolution No. 11, Series of 2002 T• STATE DF CGLQRADG } COUNTY ~F EAGLE } SS. TDWN ~F VAIL ) 1, 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 of the Town Council held at the Tawn Hall, in Vail, Colorado, on August 20, 2442, convening at the hour of b:04 p.m. as recorded in the regular book of oflkcial records of the proceedings of said Town ^f Vail kept in my office. 2. That the Resolution was duly moved and seconded and the Resolution was approved by the following vote: to `~ Those Voting Yes: ss~~-~'-'~ J ~~~-~/~-' C UGC l-, w, ~ /~ !I t"ffr i ".fin i.~f~ f Jq f ~ {~ 1 c~~ Wit-, dU~., S.J EIS ~~i.J •: L \ ( JC~ ~P f;P ~Cir.~C Those Voting No: ~~r~~ - ~~~ ~~_~~-- Those Abstaining: Those Absent: 3. The members of the Town Council were present at the meeting and noted on the passage of such Resolution as set forth abase. 4, There are no bylaws, rules or regulations of the Town Council which might prohibit the adoption of said Resolution. with law. Exhibit A was posted at the Town Hall, not less than 24 hours prior to each meeting in accordance 5. Notice of the meeting of August 2~, 202, iii the form attached hereto as WITNESS my hand and the seal of said Town affixed thi~l~day of August, 202. SEAL} 5~~• o~Q~~,da Town Clerk 2- L_J N°_ STATE GF COLORADO COUNTY DF EAGLE 2~6 PROOF ^F PUBLICATION S5. t, Steps 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 mare than fifty-two consecutive weeks next prior to 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, ar any amend- ments thereof, and that said newspaper is a daily newspaper duty qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or ad~ertissment was published in the regular and entire issue of eery number of said daily newspaper for the period of ..........~..... consecuti a insertions; and that the first publication of said notice was in the issue of said newspaper dated .. ... .. .......~..~-••••. A,p.... -~,...zr... and that the last~ubiicativn of said notice was in the issue of said newspaper r date .-,~r~~~I:J'. A.D.... ~ ... ~~'.1........ .~ 1n witness whereef I have hereunto set my hand this .....~~day of .......... .L.'G~'~~ 2 ublishsr Subscribed asid sworn to before ;.a notary puone iin~a)na ror me ~ouEiry ~~ ~uy~G, ~u+~n ~~ ~~~~~uu~~ this .........,.y~..~. day of ....... .. ..... •• F Notary Public My Commission expires .... .... ...'. °_-