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Home My WebLink AboutR17-059 Ballot Question Regarding Broadband Communications Commissioner UDC QvE.`+ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO. 2017-65 ai A RESOLUTION PROVIDING FOR THE SUBMISSION,TO THE REGISTERED QUALIFIED ELECTORS OF EAGLE COUNTY, COLORADO, OF A BALLOT QUESTION REGARDING WHETHER EAGLE COUNTY, COLORADO MAY PROVIDE TELECOMMUNICATIONS SERVICES,ADVANCED SERVICES (HIGH SPEED INTERNET) AND CABLE TELEVISION SERVICES,EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC AND/OR PRIVATE SECTOR PARTNERS; SAID BALLOT QUESTION TO BE SUBMITTED AT THE GENERAL ELECTION TO BE HELD NOVEMBER 7,2017; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION;PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER; AND OTHERWISE PROVIDING FOR THE CONDUCT THEREOF WHEREAS, affordable,reliable, and innovative telecommunication services, including, but not limited to, broadband internet services, are hereby found and determined to be essential for Eagle County's residents and businesses in today's economic environment and for quality of life; and WHEREAS, in 2005, the Colorado General Assembly enacted Senate Bill 152. codified at §29-27-101,C.R.S., et seq., which provides that before a local government may provide telecommunications services, advanced services (high speed internet) and cable television services, as such services are defined in the statute,either directly or indirectly, it must call an election on the question of providing such services and obtain the approval of the majority of its registered electors voting on any such ballot question; and WHEREAS, the effect of Senate Bill 152, codified in Colorado statute, has been to restrict Eagle County's ability to improve its connectivity through either the provision of direct, or indirect services in cooperation with other public or private sector services providers, as set forth in §29-27-103, C.R.S.; and WHEREAS, the Eagle County Board of County Commissioners does hereby find and determine that re-establishing Eagle County's legal ability to directly and/or indirectly provide such telecommunications services, advanced services(high speed internet) and cable television services could allow Eagle County to implement local telecommunications solutions that would provide or improve needs based on access for the county's residents and businesses; and WHEREAS, the Eagle County Board of County Commissioners desires to submit to the registered electors of Eagle County,Colorado a ballot question regarding whether Eagle County may provide, without increasing taxes, telecommunications services,advanced services (high speed internet) and cable television services, either directly or indirectly with public and/or private sector partners at the next general election on November 7, 2017;and WHEREAS, any such ballot question must be approved by a majority of the legally eligible registered electors of Eagle County voting on such ballot measure before becoming effective; and WHEREAS, pursuant to section 1-5-203(3),C.R.S., no later than sixty days before any election the designated election official of each political subdivision that intends to conduct an election shall certify the order of the ballot and ballot content. WHEREAS, such election shall be conducted by the Eagle County Clerk and Recorder in accordance with the "Uniform Election Code", Articles 1 to 13,of Title 1,Colorado Revised Statutes. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Eagle County,State of Colorado,as follows: 1.The following ballot title and ballot question is hereby referred and submitted to the registered electors of Eagle County, Colorado, at the November 7,2017 general election: Eagle County Broadband Service Authorization "Without increasing taxes,shall Eagle County have the right to provide advanced services (high speed internet),cable television services, and telecommunications services,either directly or indirectly with public and/or private sector partners, to residents, businesses, schools, libraries, health care facilities, nonprofit entities, and other users of such services located within the boundaries of unincorporated Eagle County as expressly permitted by Title 29,Article 27 of the Colorado Revised Statutes?" YES/FOR NO/AGAINST 2. Said ballot question shall be voted upon only by Eagle County, Colorado, registered electors legally eligible to vote at the November 7, 2017 general election. 3. The Board of County Commissioners hereby directs that a copy of this Resolution be certified and filed in the Office of the Clerk and Recorder before the close of business on September 8, 2017 and authorizes and directs the Eagle County Clerk and Recorder to certify the ballot issue and ballot content as provided by law. 4. Pursuant to the provisions of C.R.S. 1-5-203(3),the County Clerk and Recorder, as the designated and coordinated Election Official, shall certify the ballot. 5. If any part, section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section,paragraph,clause,or provision shall not affect the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. 6. The Board finds, determines and declares that this Resolution is necessary for the public ealth, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED,READ AND ADOPTED,by the Board of Countyyommissioners of the County of Eagle, State of Colorado,at its regular meeting held they day of September,2017. is o� co COUNTY OF EAGLE, STATE OF o S 4 COLORADO, By and Through Its ATTEST: * * BOARD OF COUNTY COMMISSIONERS o By:N. ---c -" - 1.1% By: I Regina O'Brien Jillian . Ryan, Chair to the Board of County Commissioners By: _� ��/L1 i .�L,/ �I/d.L Kathy Chandler-Henry, Commissioner' r By: ' • A �1t1311 nne McQueene C. issioner Commissioner C.P46^Obut-0-- L4-4-K-`4 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Ryan V4--103 i Commissioner Chandler-Henry 1444 M Commissioner McQueeney 4144 This Resolution passed by Y/ vote of the Board of County Commissioners of the County of Eagle, State of Colorado.