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HomeMy WebLinkAbout1977-14 Special Election to be Held on October 4, 19771 ~ ~~ CERTIFIED RECORb OF PROCEED2NGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 4, 1977 STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF V1~ ~ L ) The Town Council of the Town of Vail, Colorado, rnet in regular sessiVn at the Vail. Municipal Buildinc;, the regular meeting, place thereof in said Toy?n, on Tuesday, the 2nd day of August, 19?7, at the hour of 7:30 p.m. The fallo;•Ting members of the To~•m Council were present: John Dobson, Mayor ' John Donovan Bill Heimbach a.....w... . Rad 53.ifer Josef Staufer Bill E~Iil.to The following members of the Town Council were absent: C-3a.~ {~ l~ d N t2 The following persons were also present: Larry Rider, Town Attorney Samntye Meadows, Executive Assistant Thereupon Council Member ~~~-(,1~~~~ introduced and moved the adoption of the following Resolution, which was read by title, sufficient -copies having previousllr been made available tb the Ccunca.l and to tl~.e public 1 RESOLUTION N0. ~ - 77 A RESOLUTION CALLING A SPECIAL h{UNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED QUALIFIED ELECTORS OF THE TOWN OF VATL, COLORADO, THREE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS OF SAID TOWN IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $2,350,000 FOR THE PURPOSES OF ACQUIRING, CONSTRUCTING, INSTALLING, AND EQUIPPING AN ENCLOSED ICE SKATING ARENA AND MULTI- PURP05E F'RCILITY, ACQUIRING REAL PROPERTY TO BE USED AS A SITE FOR A PROPOSED PUBLIC WORKS MAINTENANCE FACILITY, AND ACQUIRING REAL PROPERTY TO BE USEC AS OPEN SPACE AND/OR RECREATION AND PARK LAND, SAID ELECTION TO BE HELD OCTOBER 4, 1977; DESIGNATING JUDGES AND CLERKS FOR SAID ELECTION; PROVIDING PUBLICATION OF NOTICE OF SAID ELECTION; PRESCRIBING THE FORM OF BALLOT FOR SAID ELECTION; AND OTHERWISE PROVIDING- FOR THE CONDUCT THEREOF. 2- u WHEREAS, the Constitution and laws of the State of Calorada, and the Home Rule Charter of the Tawn of Vail, Colorado ( "the Trim") , authorise the issuance by the '''own of its regotiuble coupon general obligation bonds for the purpose of securing funds to dcfruy the costs of the acquisition .and improver:~ent of real and personal property for municipal and public purposes; and W~:EREAS, the Tovm Council of the Town has determined that it would be in the best interests of the To~;an.and the,inhabituntW thereof to issue general obligation bands of the Town in an aggregate prin-• cipal amount not oxceeding.~2,3~,00a far the purpose of defraying, in whole cr ir. part, the cost of acquiring,. constructing, installing, and equipping an enclosed ice skating arena and multi-purpose facility, acquiring. real property to be used au a site for a proposed public works maintenance facility, and acquiring real property to be used as open space and/or recreation and parr land, ~.s set forth more fu7.ly in the~band quest~ians appearing hereinafter in the forms of Notice of Special A~unicipal Electicn and Ballot hereby prescribed, said bonds to . be payable from general ad. valorem taxes, except as they may actually be paid from other funds available therefor; and WHEREAS, it is fist necessary to submit the Separate questicns of issuing such bonds for raid municipal and public purposes to the qualified registered electors of the Town; and NOW, THEREFORE, BE ST. P,ESOLVED BY THE TOE°1N COUNCIL CF THE TCWN CF VAIL, COLOR11p0 THAT: Section l: A Special Municipal.Election shall be held in the Tovm on Tuesday, October ~, x.977, between the hours of 7:00 a.m. and 7:00 p.m, Section 2. At said Special Municipal Election there shall be submitted to a vote of the registered qualified electors of the Tovm Gquestions of issuing negotiable, interest bearing, general obliga~ion bonds of the Town in the amaunt.s, fox the purposes and with:~n the limitat:~.on: and terms set Earth in the barsd questions appearing licreinaftar. Section 3. No vote, either for or against the questions to be submitted at said Special Municipal Election, shall be received or permitted by the ;udges of election unless the person offering the same shall be a duly registered and qualified elector of the Town. Section ~. Qualified electors whose names do rot appear on the Official Registration List and electors who have changed their addresses may regiwter or change their addresses at the office of the County Clerk and Recorder of Eagle County, Colorado, or at the office of the Town Clerk of the Town, at any time during regular business hours of those offices or. or before Friday, August 26, 1977, in accordance with the Home Rule Charter of the Town and Colorado Municipal Election Code of 1965, as amended. In order to sa inform the electors of the Town, the Town Clerk shall cause a Notice of Registration in the following form to be published in two weekly editions of The Mail Trails a newspaper of general cir- culation in the Town, prior to the closing of the registration books for said Special Municipal Election. Q_ NOTICE OF REGISTRATION PECIAL MUNICYPAL ELECTION TOWr] OF i,7ATT~, COLORADO OCTOBER 4, 1977 NOTICE ZS HEREBY GTVErI that in order ~o vote at the Special Municipal Election to beheld in the Town of Vail, Colorado, on Tuesday, October 4, 1977, one must be a registered qualified elector of the Town of Vail. -Qualified electors whose names do not appear on the Offical Registration List~~or the Town of Vail or who have changed their addressee may register or change their addresses at the office cf the County.Cler}: and Recorder at the Eagle County Courthouse in Eagle, Colorado, or ut the office of the Town Clerk at the Vail Municipal Builda.ng in Vuil, Colorado, during regular business hours ON OR BEFORE FRIDAY,. ALGUCT 2~, 1A77. This Special Municipal Election will be held .for the purpose of submitting to the registered qualified electors of the Town cf Vail three questions of incurring bonded indebtedness in an aggregate prin- cipal amount riot Exceeding $2,30;000 for the purposes of acquiring, constructing, installing, and equipping an enclosed ice skating arena. and multi=purpose facility, acquiring zeal property to be used as a s.ite-£or a proposed public works maintenance facility, and acquiring rea]_ property to be used as open space and/or recreation, and. park land, all as set forth in a Notice of Special Municipal Election to be published in this newspaper on September 16 and 23, 1977. IN WITNESS WHEREOF, the Town Council of the Town of Vail,. Co1o- redo, has caused this notice to be given.; Town; ) SEAL) Publish in: The Vail Trail Vail, Colorado s/ Rosalie Jeffrey To~rrn Clerk Town of Vail, Colorado Publish on: August 12 and 19, 1977 5- i - ... Section 5. The registered qualified electors of the Town shall vote at said Special Municipal Election by secret paper ballot, either by submitting an absent voter ballot or by appearing and casta.ng a ballot at the palls. Voting machines will not be used. Said Special Municipal Election shall be conducted in the manner prescribed by law for the conducting of regular elections in the Towr.. Section 5. Registered qualified electors entitled to vote at said election who-meet the requirements of the Colorado Municipal Election, Code of 1965, as amended, who intend to Grote by absent voter ballot, may obtain information and apply far 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, September 30, 1977, by followring the procedures required by said Election Code. Section 7. The Tawn constitutes, and there shall be for purposes of this elution, 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 Municipal Building, Vail, Colorado. The absent voter polling place shall also be the Vail Municipal Building. Section $. The following' registered qualified. electors of the Town are•hereby appointed and shall act as judges and alternate judges and clerks and alternate clerks for said Special ~4unicipal Election: Alternate Judges: 1~.~ r n~~l ~-F~-~vC~ v~ ~ A Clerks- Alternate Clerks: C A-7~t-~ ~ t~ a ss i ~ c~ ~ (~iU r~1 f(N DX Said judges and clerks shall receive in furl compensation for their Judges: . i~~- ~~_kwr ~ ser~•ices the sum of $40 each. The '"own Clerk is hereby instructed to mail certificates of appointment to such election officials and to maintain a list for public inspection of those so appointed. r,. i,_ fi -~ Section 9. The Tawn C1.erk is hereby instructed to publish a Notice of Special. 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 tiaid newspaper before sa~.d election, Tree Tcwn Clerk a.s further instructed to post a copy of said notice at the polling place at least ten days before said election. Said Notice oy Special Municipal .Election shall be in substantially the following form: W~~ NOTICE OF SPECIAr• MUT?ZCTPAL ELECTION TOWN OF VAIL, COLORADO OCTOBER ~, 1977 NOTICE T5 HEREBY GIVEN that at a Special Municipal Election to be held at the Vail Municipal Building, '~7ail, Colorado, on Tuesday, the 4th day of October, 19??, bet~~een the hours c.f ?: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 questions: 1. Ice Skating Arena/Multi-purpose Facility Bonds, Question Submitted: Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing ger_eral obligation bonds in one series or more in an aggregate principal amount not to exceed $1,$00,000, or so much thereof as may be necessary, for the purpose of defraying, in whole or in part, the cast of acquiring, constructing, installing and equipping an enclosed ice skating arena and multi-purpose facility suit- able for conventions, concerts, exhibitions and trade shows, together with all .necessary incidental and appurtenant properties, structures, facilities and costs, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annu~'n, and to mature serially during a period of not :!lore 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 bands to be sold and issued at one time or from time to timer in such alanner and amounts and upon such terms and conditions as t!:e Tcwn Council may later determine, including provisions for the redemption of bonds prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" 2. Public Works Maintenance Facility Site Acquisition 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 $350,000, or so much thereof as may be nece s- sary, for the purpose of defraying, in whole or in part, the cost of acquiring a parcel of real property, known as the Pulls property to be used as a site-fora proposed public works maintenance facility, together with all neces- sary incidental and appurtenant properties, facilities, and casts, 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 30 years from the date ar 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 s~ach manner and amo~:nts 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?" g- 3. Open Space ~cquisitian Banda, Question Submitted: Shall the Ta~•rn of Vail, Colorado, be authorized to issue its negotiable, interest bewaring general obligation bonds in.ore series or more in an aggregate principal amount nat.to exceed 2~O,Q04., or sa much thereaf as may be necessary, for the puarpose of defraying, in whole ar in part, the cost of acquiring a parcel of real property, known as King Arthur's Court, to be used as open space and/o r. recreation and park land, together with a~.l, nece:~sary incidental and appurtenant propcr.ties and facilities, and the' casts incidental thEreto, such bond to bear interest at a maximum not effecti*.re interest rate nat exceeding l0 percent per annum, and to mature serially during a period of'not more than. 30 years from the date ox respective dates of the bands, such bands to be payable from general aG va~..orem .taxes and other funds l4gally available therefor, and such bands to be sold and issued at ore 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. a.f bonds prior to maturity upon payment of a premium.nat exceeding 3 percent of the principal thereof?" 8A- 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 Special Municipal Election. Those electors who are otherwise fully qualified to vote on said questions at said Special Municipal Election, but who shall be absent from the Town on the day of said election, or who by reason of their work ar 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 ar physical disability, or who for 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 tine daring regular business hours an or before Friday, September 30, 1977. There will be only ore election precinct for said Special Muni-- cipal Election, the boundaries of which shall be the same as those of the Toi~~n and the palling place fer which shall be the Vail Municipal Building, Vail, Colorado. The absent voter polling place shall also be the Vail Municipal Building. The votes cast shall be 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 municipal elections. IN WITNESS Th'HEREOF, the Tewn Council has GauSEd this notice to be given. s/' ~?osalie Jeffrey Town Clerk Town of Vail, Colorado TOWN } SEAL} Publish in; The Vail Trail Publish on: September 1& and September 23 9- Section 10. Ballots to be used in toting upor_ the questions to be submitted at said Special T+iuni.cipal Election shall be pre- pared and furnished by the Town Clerk to the judges of election, to be by them furnished to the registered qualified electors. Sa~.d ballots shall be in substantially the follo:~ying form: a- No. STUB No. DUPLICATE STUB OFFICIAL BALLOT TOWN OF VAIL SPECIAL MUT?ICIPAZ: ELECTION STATE OF C©?~©RP_DO cTOBER 4, 1977 Each elector desirous of voting FOR or AGAINST any of the follow- ing questions shall designate his or her choice witY! respect there- to by placing a cross [x~ in the square .opposite the ward or wards° expressi ng such choice. ) 1. ICE SKZ}.TING ARENA/MULTI-PURPOSE ~'ACTLITY BONDS, QUESTTOP? SUBMI'T'TED Shall the Towr. of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonc7.s in one series or mere iy~ ar. aggregate principal amount not to exceed $1,800,000, or sa much thereof as mays be necessary, for the purpose of defravinq, ir. whole or in part, the cost of acquiring, constructing, installing and equipping an enclosed ice skating arena anc~ multi.-- purpose facility suitable for conventions, concerts, ex- hibitions and trade shows, together with all necessary incidental and appurtenant properties, structures, facilities aril costs, 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 30 years fx'om the date or res- pective dates of the bonds, such bonds t.o be payable from general ad valorem taxes and other funds legally available therefor, and such bends to be sold and issued at ore tame or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may ~.ater deter~r,ine, including provisions for the recemption of bonds prior to maturity upon pay- r,:ent of a premi~~.m not excePdir?g 3 percent of the principal thereof?" FOR THE BorrDs AGAINST THE BONDS 11-- 2. PUBLIC WORKS MAINTENANCE I'ACTLITY SITE ACQL~TSTTION BONDS, QUESTIOI`7 SUBMITTED: Shah. tl:e 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 350,400, or :~o much thereof 'as may be necessary, for the purpose of defraying, in whole or in part, the cost of acquiring a parcel of real property, knov,n as the Pulis property to be used as a site for a proposed public works maintonanc~e facility, together with all-necessary incidental and appurtenant properties, facili- ties, aid costs, such bonds to bear interest at a maximum net effective interest rate not exceeding la percent per annum, and to mature serially during a period of not more than 34 years from the date or respective dates of the bonds, such bonds to be~ payable from genera. ad valcrem tares and other f~:nds legally available therefor, and such bands to be sold and issued at one timE or frog, time to time, in such manner and amounts and upon such terms and conditions as the Tcwn Council may later deter- mine, including provisions for the redemption of bands prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" FOR THE BONDS AGAINST THE BONDS 3. OPEN SPACE ACQUISITION BANDS, QUESTrON SUBMITTED: Shall the Town of Vail, Colorado, be authorized to issue its ncgotia•ble, interest bearing general obligation bands in one series or more in an aggregate principal amount not to exceed 2@0,000, or so much thereof as may be necessary, for the purpose of defraying, in vahol.e or in part, the cost of acquiring a parcel of real. property, known as Kirg Arthur's Court, to be uued as open space and/or recreation and park land; together with all necessary incidental and appurtenant properties and facilities, and the costs ir~ci.dental thereto, such bond to bear interest at a maximurz net effective interest rate not exceeding 14 percent per annum, and to mature aerially during a period bf not.more than 30 years from the .date or respective dates cf the bands, 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 previsions 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 THL BONDS 12-- i • to be endorsed on back of Ballot) QFFICIAL BALLOT FOR SPECIAL MUNICIPAL ELECTION HELD IN THE TOWN OF VAIL, COLORADO, ON OCTOBER 4, 1.977. Facsimile Signature) Town Clerk Town of Vail, Colorado 13- Section. 11. The votes cast at said Specia3_ 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 regular municipal elections for 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 the 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 ~ r bond question set forth hereinbefore to be submitted at said election shall be in favor if issuing the bonds far the purposes stated in said questions, it shall then be lawful for the Tawn Council to authorize the proper. officers of the Town to proceed to issue the negotiable coupon general obligation bonds of the Town, in accordance with the proposal so approved at the election. The authority to~issue any or ail of the bonds designated in the bond questions, if conferred at the election by the registered qualified electors authorized to vote therein, 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 si conferred by the electors voting in favor of said bond questions. Section 14. ~ All ac.tiors, not inconsistent ~r.ith the pra- visions of this Resolutio», heretofore taken by the officers of the Tawn, whether elected or appointed, directed toward holding tha Special Municipal Election are hereby ratified, approved and confirmed. 14- s • Section 15. .All resolutions, or parts thereof, in conflict vritr this resolution are hereby repealed, except that this re- pealer shall not be constr~aed to nevi*~e any resolution, or part thereof, heretofore repealed. Section 16. 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 or provision shall not affect any of the re- maining sections, paragraphs, clauses or provisions of this Resolu- tion. Section 17. This Resolution shall take effect iTM~.mediately upon its adoption. RESOLUTION ADOPTED AND AP'PRO~TED this 2nd dal of August, 1977. T'OWN OF t~Alh, CO 0_ DO TOWN) SEAL) ATTES Town C erk Town of ~,7ail, Cc o~ado I 15- Counca.l Member ~i7.t/1~..- seconded the I?ioti onY and the question being upon the adoption of said Resolution, the roll was called with the following res=alt: Those voting "Yes": Council Members: Jahn Dobson, Mayor John Donovan dill Heimbach F+~~ ~ Rod Slifer Josef Staufer Bill T^?ilto Those votinc* "No": members of the Council present having voted in favor or the adoption of the Resolution, the presiding officer thereupon declared the Resolution duly approved and adopted. Thereupon, after consideration of other business to come before the Council, the meeting was adjou ned. or o~~m of Vail, Colorado TOWN} SEAL} ATTEST: Town Clerk Town of Vail, C~~ora~o lh.~ STATE OF COLORADO ) COUNTY OF EAGLE ~ ) ss. TOWN OF VAIL ) Z, Sammye Meadows, Executive Assistant, Town of Vail, Eagle County, Colorado ,, /do hereby certify that the attached copy of Resolution No. ~~` -77 calling a upecial Municipal Election to be held in the To~an or. October 4, 19?7, is a true and correct copy of said Resolution as adopted by the Tawn Council at a regular meeting thereof held at the Vail Municipal Building, Vail, Colo- rado, the regular meeting place of the Tawn Council in the Town, on Tuesday, the 2nd day of August, 1977; that .a true copy of said Resolution has been duly executed and authenticated by the sig- natures of the Mayor of the Town of Vail and the Town Clerk of the Town, sealed with the seal of the Town; and recorded in the official records of the Town; that the foregoing pages numbered I through 16, inclusive, constitutE a true and correct copy of the record of the proceedings of the Town Council at said regular meeting 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 persar.s were present at said meeting as therein shown, IN WITNESS WREREOF, I have hereunto set my hand and the seal of the Town of Vail, Colorado, this ~1~[,l.~ c?ay of August, ?_977. Executiv~ssistant Town of Vail, Colorado TOWN) SEAL) 1?-