HomeMy WebLinkAboutR90-080 repeal of Resolution 90-65t
3 f'
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 90 - Pe
A RESOLUTION PROVIDING FOR THE REPEAL OF
RESOLUTION 90 -65
WHEREAS, the Board of County Commissioners of Eagle County, Colorado has
determined that there should be submitted to said electors the question of levying a sales tax
for the purpose of financing, constructing, operating or maintaining a mass transportation system
within Eagle County; and
WHEREAS, said proposal for a mass transit sales tax increase was to have been sub-
mitted to the registered and qualified electors of Eagle County at the primary election to be held
on August 14, 1990, as is more fully set forth in Resolution No. 90 -65; and
WHEREAS, there appears to be an interest throughout Eagle County ( "County ") for an
increase in the availability of a mass transportation system; and
WHEREAS, the practicality of addressing all community concern prior to the scheduled
election date deems it to be in the best interest of the community to further study the County
mass transportation system and to bring the matter to the voters at a later date.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
Section 1. Repeal of Resolution No. 90 -65. Resolution No. 90 -65 is hereby repealed
and therefore the question of whether a sales tax increase for the purposes of funding mass
transit in Eagle County shall not be presented to the Eagle County registered and qualified
electors at the primary election to be held on Tuesday, August 14, 1990.
Section 2. Removal of Question from Primary Election Ballot. The Clerk and Recorder
is hereby directed to remove the question from the primary election ballot.
Section 3. All Actions Necessary for an August 14 1990 Election. Any and all actions
necessary to procedurally comply with Colorado and federal law in the conduct of the election
of August 14, 1990, hereby repealed, are deemed null and void and shall cease immediately.
The costs already incurred in the publication of the ballot questions shall be borne by the County.
Section 4. Continued Review of Transportation Issues. The County staff is hereby
directed to work with the general public and specifically the municipalities within the County to
review and develop options for mass transit in Eagle County; staff shall periodically report to the
Board concerning these discussions. The Board recognizes that if this question is to be certified
as a ballot question for the November general election that the question must be certified at least
60 days prior to that election.
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Section 5. Amendments. The Board, by a majority vote, may amend, alter or change
this Resolution. The intent of this resolution is not to be interpreted as limiting in any way the
Board's ability to place the issue of a mass transit sales tax on a subsequent ballot.
Section 6. Ratification of Prior Actions. All actions, not inconsistent with the provisions
of this Resolution, heretofore taken by the officers of the County, whether elected or appointed,
directed toward imposing a sales tax, referring the question to the registered qualified electors of
the County and /or cancelling the election, are hereby ratified, approved and confirmed.
Section 7. Effective Date of Resolution; Repeal of Inconsistent Resolutions. This Resolu-
tion shall take effect immediately upon its adoption. All resolutions or parts thereof in conflict with
this Resolution are hereby repealed, except that this repealer shall not be construed to revive any
resolution, or part thereof, heretofore repealed.
Section 8. Partial Invalidity. 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
remaining section, paragraph, clauses or provisions of this Resolution.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
of Eagle, State of Colorado, at its regular meeting held the day of
ATTEST:
to the BoWd of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
Commissioner seconded adoption of the foregoing
resolution. The roll having been called, the vote was as follows:
Commissioner George A. Gates �vP
Commissioner Donald H. Welch
Commissioner Richard L. Gustafson
This Resolution passed by *-ar,, vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
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i
STATE OF COLORADO
ss
COUNTY OF EAGLE
I, Johnnette Phillips, County Clerk and Recorder of Eagle County, Colorado, do hereby
certify that the attached copy of Resolution No. 90- Pb is a true and correct copy; that said
Resolution was introduced and adopted by the Board of County Commissioners of Eagle County,
Colorado, at a regular meeting thereof held at Ihe County Courthouse, 551 Broadway, Eagle,
Colorado, the regular meeting place thereof, on QJO.,_, the J-L'' of July, 1990; that a true
copy of said Resolution has been authenticated by the signatures of the Chairman of said Board
of County Commissioners and myself as County Clerk and Recorder thereof, sealed with the seal
of said County, and numbered and recorde�'inM1 the official records of the County kept in my office.
I further certify that the foregoing pages � through 1-1 t , inclusive, constitute a true and
correct copy of the record of the proceedings of said Board of County Commissioners at its
regular meeting of July 4 , 1990, insofar as said proceedings related to said Resolution; that
said proceedings were duly had and taken; that the meeting was duly held; and that the persons
were present at said meeting as therein shown.
IN WITNESS WHEREO) have hereunto set my hand and the seal of Eagle County,
Colorado, this _(� day of 4 1990. t
� fir' " +ry
County Clerk and Recor r
County of Eagle, Colorado !'
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