HomeMy WebLinkAboutR89-011 issuance of general oblgiation bonds justice centerBD7062
EAGLE COUNTY, COLORADO
RESOLUTION NO.
A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE
REGISTERED QUALIFIED ELECTORS OF EAGLE COUNTY,
COLORADO, OF THREE QUESTIONS OF CONTRACTING GENERAL
OBLIGATION INDEBTEDNESS OF SAID COUNTY IN AN AGGREGATE
PRINCIPAL AMOUNT NOT EXCEEDING $9,300,000 FOR THE
PURPOSES OF (1) CONSTRUCTING A NEW COUNTY
ADMINISTRATION BUILDING, (2) CONSTRUCTING AN ADDITION
TO THE COUNTY JUSTICE CENTER AND (3) CONSTRUCTING AN
INDOOR ARENA / EVENTS CENTER AT THE COUNTY
FAIRGROUNDS, SAID QUESTIONS TO BE SUBMITTED AT A
SPECIAL COUNTY ELECTION TO BE HELD MARCH 21, 1989;
PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION
AT SAID ELECTION; PROVIDING FOR PUBLICATION OF NOTICE
OF REGISTRATION AND POSTING AND PUBLICATION OF NOTICE
CONCERNING SPECIAL COUNTY ELECTION; AND OTHERWISE
PROVIDING FOR THE CONDUCT THEREOF.
WHEREAS, Eagle County, Colorado (the "County "), is
authorized to issue interest bearing general obligation bonds and
other indebtedness for any public purpose of the County, provided
that the question of issuing such indebtedness is first submitted
to and approved by a majority of the registered qualified
electors of the County voting on such question; and
WHEREAS, the Board of County Commissioners has
determined that there should be submitted to said electors three
questions of contracting interest bearing general obligation
indebtedness in an aggregate principal amount not exceeding
$9,300,000 for the purpose of defraying, in whole or in part, the
cost of erecting certain County buildings as set forth in the
several ballot questions approved by this Resolution, together
with all necessary and incidental costs.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF EAGLE COUNTY, COLORADO, THAT:
Section 1. Special Election to be Held: Precincts and
Polling Places A Special County Election (the "Special
Election ") shall be held on Tuesday, March 21, 1989, between the
hours of 7:00 a.m. and 7:00 p.m. The boundaries of voting
precincts for the Special Election shall be the same as the
boundaries of the general election precincts for Eagle County,
Colorado, held November 8, 1988, and the precincts and polling
places shall be as set forth in the form of Notice Concerning
Special County Election contained in this Resolution.
Section 2. Form of Ballot Questions At the Special
County Election there shall be submitted to a vote of the
registered qualified electors of the County the following
questions:
�r
Question No. 1
"Shall Eagle County, Colorado, be authorized to contract
indebtedness in an aggregate principal amount not to exceed
$7,060,000 for the purpose of paying the cost of acquiring
and constructing a new County Administrative Building to be
located at the site of the former facility in Eagle,
Colorado, within and for said County, together with all
necessary, incidental and appurtenant improvements,
facilities, equipment and costs, such indebtedness to be
evidenced by general obligation notes or bonds, long -term
contracts or leases, to bear interest at a net effective
interest rate not exceeding 10% per annum, and to mature
during a period of not more than 20 years from the
respective dates of the indebtedness, such indebtedness to
be payable from general ad valorem taxes and other funds
legally available therefor and 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 Board of County
Commissioners may determine, including provisions for the
redemption of bonds prior to maturity upon payment of a
premium or premiums not exceeding 3% of the principal
thereof "?
Question No. 2
"Shall Eagle County, Colorado, be authorized to contract
indebtedness in an aggregate principal amount not to exceed
$1,120,000 for the purpose of paying the cost of acquiring
and constructing an addition to the County Justice Center to
be located at the site of the current facility in Eagle,
Colorado, within and for said County, together with all
necessary, incidental and appurtenant improvements,
facilities, equipment and costs, such indebtedness to be
evidenced by general obligation notes or bonds, long -term
contracts or leases, to bear interest at a net effective
interest rate not exceeding 107, per annum, and to mature
during a period of not more than 20 years from the
respective dates of the indebtedness, such indebtedness to
be payable from general ad valorem taxes and other funds
legally available therefor and 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 Board of County
Commissioners may determine, including provisions for the
redemption of bonds prior to maturity upon payment of a
premium or premiums not exceeding 3% of the principal
thereof "?
BD7062 2 01/19/89
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Question No. 3
"Shall Eagle County, Colorado, be authorized to contract
indebtedness in an aggregate principal amount not to exceed
$1,120,000 for the purpose of paying the cost of acquiring
and constructing an indoor arena/ events center to be
located on the County Fairgrounds in Eagle, Colorado, within
and for said County, together with all necessary, incidental
and appurtenant improvements, facilities, equipment and
costs, such indebtedness to be evidenced by general
obligation notes or bonds, long -term contracts or leases, to
bear interest at a net effective interest rate not exceeding
10% per annum, and to mature during a period of not more
than 20 years from the respective dates of the indebtedness,
such indebtedness to be payable from general ad valorem
taxes and other funds legally available therefor and 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
Board of County Commissioners may determine, including
provisions for the redemption of bonds prior to maturity
upon payment of a premium or premiums not exceeding 3% of
the principal thereof "?
Section 3. Registered and Qualified Electors No
vote, either for or against any of said questions, shall be
received or permitted by the judges of election unless the person
offering the same shall be a duly registered and qualified
elector of the County.
Section 4. Registration Qualified electors whose
names do not appear on the Official Registration List and those
who have changed their addresses may register or change their
addresses at the office of the County Clerk and Recorder of Eagle
County, Colorado, or at the office of any Municipal Clerk within
the County and at such other branch registration offices
designated by the County Clerk and Recorder, at any time during
regular business hours of those offices, on or before Thursday,
February 23, 1989, in accordance with the Colorado Election Code
of 1980, as amended. In order to so inform the qualified
electors of the County, the County Clerk shall cause a Notice of
Registration in the following form to be published twice in The
Eagle County Enterprise The Roaring Fork Valley Journal and The
Vail Trail newspapers of general circulation published in the
County, prior to the closing of the registration books for the
Special Election:
BD7062 3 01/19/89
NOTICE OF REGISTRATION
SPECIAL COUNTY ELECTION
COUNTY OF EAGLE, COLORADO
MARCH 21, 1989
NOTICE IS HEREBY GIVEN that in order to vote at the
Special County Election to be held in Eagle County, Colorado, on
Tuesday, March 21, 1989, one must be a registered qualified
elector of Eagle County, Colorado. A qualified elector is any
person 18 years of age or older who has resided in his precinct
within Eagle County for 25 days immediately preceding the
election at which the person offers to vote. Persons holding a
permanent alien registration card may be qualified electors.
Qualified electors whose names do not appear on the Official
Registration List for Eagle County or who have changed their
addresses may register or change their addresses at the office of
the County Clerk and Recorder at the Eagle County Courthouse in
Eagle, Colorado, or at the office of the Municipal Clerks of the
municipalities of Vail, Redcliff, Minture, Avon, Gypsum, Basalt,
at the County annex office in E1 Jebel, and at the driver's
license examiners facilities in Minturn and Eagle, in said
County, during regular business hours ON OR BEFORE THURSDAY,
FEBRUARY 23, 1989
At the Special County Election there will be submitted
to the registered qualified electors of Eagle County three
questions of contracting general obligation indebtedness of the
County in an aggregate principal amount not to exceed $9,300,000,
for the purposes of (1) constructing a new County Administration
Building, (2) constructing an addition to the County Justice
Center and (3) constructing an indoor arena -&r events center at
the County Fairgrounds, all as set forth in a Notice Concerning
Special County Election published in this newspaper on
February 2, 1989.
IN WITNESS WHEREOF, the Board of County Commissioners of
Eagle County, Colorado, has caused this notice to be given.
/s/ Johnnette Phillips
County Clerk and Recorder
Eagle County, Colorado
Publish in: The Eagle County Enterprise,
Eagle, Colorado
The Roaring Fork Valley Journal,
Carbondale, Colorado
The Vail Trail,
Vail, Colorado
Publish on: February and February-Y, 1989
BD7062 4 01/19/89
Section 5. Conduct of Special Election The
registered qualified electors of the County shall vote at the
Special County Election either by submitting an absent voter
ballot or by appearing and voting at the polls. Paper ballots
shall be used for voting at the polls and for absent voter
balloting. The Special County Election shall be held and
conducted, and results of election canvassed, in the same manner
prescribed for elections of County officers in accordance with
the Colorado Election Code of 1980, as amended, and insofar as
the same may be applicable, the Federal Voting Rights Amendments
of 1975.
Section 6. Absent Voter Ballots Registered qualified
electors entitled to vote at said election who intend to vote by
absent voter ballot may obtain information and apply for and
receive absent voter ballots at the office of the County Clerk
and Recorder, Eagle, Colorado, at any time on or before 5:00
p.m., Friday, March 17, 1989. Registered qualified electors
entitled to vote at said election may also obtain information and
apply for and receive emergency absent voter ballots at the
office of the County Clerk and Recorder, Eagle, Colorado, if they
meet the requirements of the Colorado Election Code of 1980, as
amended.
Section 7. Notice of Special Election The County
Clerk and Recorder is hereby instructed to publish a Notice
Concerning Special County Election in The Eagle County
Enterprise The Roaring Fork Valley Journal and The Vail Trail
newspapers having general circulation in the County. In
addition, the County Clerk is instructed to post a copy of said
notice in a conspicuous place in her office and in each voting
precinct within the County at least 30 days before the Special
Election, such notice to remain posted until after the election.
The Notice Concerning Special Election shall be substantially in
the following form:
BD7062 5 01/19/89
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EAGLE COUNTY, COLORADO
NOTICE CONCERNING SPECIAL COUNTY ELECTION
MARCH 21, 1989
NOTICE IS HEREBY GIVEN that at the Special County
Election of Eagle County, Colorado, to be held at the precinct
polling places hereinafter specified on Tuesday, the 21st day of
March, 1989, between the hours of 7:00 a.m. and 7:00 p.m., there
will be submitted to the registered qualified electors of the
County the following questions:
ouestion No. 1
"Shall Eagle County, Colorado, be authorized to contract
indebtedness in an aggregate principal amount not to exceed
$7,060,000 for the purpose of paying the cost of acquiring
and constructing a new County Administrative Building to be
located at the site of the former facility in Eagle,
Colorado, within and for said County, together with all
necessary, incidental and appurtenant improvements,
facilities, equipment and costs, such indebtedness to be
evidenced by general obligation notes or bonds, long -term
contracts or leases, to bear interest at a net effective
interest rate not exceeding 10% per annum, and to mature
during a period of not more than 20 years from the
respective dates of the indebtedness, such indebtedness to
be payable from general ad valorem taxes and other funds
legally available therefor and 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 Board of County
Commissioners may determine, including provisions for the
redemption of bonds prior to maturity upon payment of a
premium or premiums not exceeding 3% of the principal
thereof ?"
ouestion No. 2
"Shall Eagle County, Colorado, be authorized to contract
indebtedness in an aggregate principal amount not to exceed
$1,120,000 for the purpose of paying the cost of acquiring
and constructing an addition to the County Justice Center to
be located at the site of the current facility in Eagle,
Colorado, within and for said County, together with all
necessary, incidental and appurtenant improvements,
facilities, equipment and costs, such indebtedness to be
evidenced by general obligation notes or bonds, long -term
contracts or leases, to bear interest at a net effective
interest rate not exceeding 10% per annum, and to mature
during a period of not more than 20 years from the
respective dates of the indebtedness, such indebtedness to
BD7062 6 01/19/89
be payable from general ad valorem taxes and other funds
legally available therefor and 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 Board of County
Commissioners may determine, including provisions for the
redemption of bonds prior to maturity upon payment of a
premium or premiums not exceeding 37, of the principal
thereof ?"
Question No. 3
"Shall Eagle County, Colorado, be authorized to contract
indebtedness in an aggregate principal amount not to exceed
$1,120,000 for the purpose of paying the cost of acquiring
and constructing an indoor arena; events center to be
located on the County Fairgrounds in Eagle, Colorado, within
and for said County, together with all necessary, incidental
and appurtenant improvements, facilities, equipment and
costs, such indebtedness to be evidenced by general
obligation notes or bonds, long -term contracts or leases, to
bear interest at a net effective interest rate not exceeding
10% per annum, and to mature during a period of not more
than 20 years from the respective dates of the indebtedness,
such indebtedness to be payable from general ad valorem
taxes and other funds legally available therefor and 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
Board of County Commissioners may determine, including
provisions for the redemption of bonds prior to maturity
upon payment of a premium or premiums not exceeding 3% of
the principal thereof ?"
Those persons who are 18 years of age
resided in his precinct within Eagle Cour
immediately preceding the election and who
registered in Eagle County shall be entitled
Special County Election. Persons holding a
registration card may be qualified electors.
or older who have
ty for 25 days
have been duly
to vote at said
permanent alien
Those electors who are otherwise fully qualified to
vote at said Special County Election, but who shall be absent
from their precincts from 7:00 a.m. to 7:00 p.m. on the day of
said election, or who by reason of their work or the nature of
their employment are likely to be absent and fear that they will
be absent their precincts from 7:00 a.m. to 7:00 p.m. on the day
of said election, or who because of serious illness, handicap or
elderliness, or because they reside more than ten miles from
their polling places by the most direct route for public travel,
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 County Clerk and Recorder in Eagle,
BD7062 7 01/19/89
Colorado, for absent voter ballots at any time during regular
business hours on or before 5:00 p.m., Friday, March 17, 1989.
If a voter is confined in a hospital or his place of residence on
election day, or unable to go to the polls due to being absent
from the County on election day, because of conditions arising
after 5:00 p.m., Friday, March 17, 1989, such voter may apply in
writing to the County Clerk for an emergency absent voter's
ballot.
Paper ballots will be used for balloting at the polls
and for absent voter balloting.
The boundaries of voting precincts for this election
shall be the same as the boundaries of the general election
precincts for Eagle County, Colorado; the polling places for
these voting precincts shall be as follows:
Precinct No. General Area Polling Place
1
Red Cliff
Red Cliff Community Center
2
Southwest Vail
Vail Municipal Building
3
Minturn
Minturn Town Hall
4
Edwards
Lutheran Church
5
Eagle
Eagle Community Center
6
Gypsum
Gypsum Fire House
7
Basalt
Basalt Town Hall
8
E1 Jebel
E1 Jebel Fire House
9
Sweetwater
Fire House
10
Burns
Residence of Bill & Jill
Schlegel
11
Bond -McCoy
McCoy School House
12
Northwest Vail
Vail Municipal Building
13
Vail
Vail Municipal Building
14
East Vail
Vail Municipal Building
15
Avon
Avon Municipal Building
16
East Eagle
Eagle Community Center
17
Eagle -Vail
Battle Mountain High School
18
Absentee
Eagle County Clerk &
Recorder's Office
Said election shall be held and conducted, the returns
thereof canvassed, and the results thereof declared, in the
manner prescribed for the vote for County officers by the
Colorado municipal election laws.
IN WITNESS WHEREOF, the Board of County Commissioners
of Eagle County, Colorado, has caused this notice to be given.
/s/ Johnnette Phillips
County Clerk and Recorder
Eagle County, Colorado
BD7062 8 01/19/89
Publish in: The Eagle County Enterprise,
Eagle, Colorado
The Roaring Fork Valley Journal,
Carbondale, Colorado
The Vail Trail,
Vail, Colorado
Publish on:
Post at:
Post on or
before:
February 2, 1989
County Clerk's Office and in each Voting Precinct
February 17, 1989
BD7062 9 01/19/89
Section 8. Form of Ballots Voting at the Special
Election shall be by paper ballots. Ballots to be used in voting
upon the questions to be submitted at said Special Election shall
be prepared in accordance with the applicable requirements of law
and furnished by the County Clerk and Recorder to the judges of
election, to be by them furnished to the registered qualified
electors. Such ballots shall contain the words "for County
indebtedness" and "against County indebtedness ".
Section 9. Canvassing of Votes The votes cast at the
Special Election shall be canvassed, the returns thereof made,
and the results thereof declared in the manner provided for
elections of County officers by the Colorado election laws.
Section 10. Continuing Authority to Incur
Indebtedness If a majority of all the votes cast on the
questions herein prescribed to be submitted at the Special
Election shall be in favor of contracting County indebtedness for
the purposes stated in said questions, it shall then be lawful
for the Board of County Commissioners to authorize the proper
officers of the County to proceed to contract for interest
bearing general obligation indebtedness of the County in the form
of notes, bonds, leases or contracts in accordance with the
proposal or proposals so approved at the election. The authority
to issue any or all of the indebtedness designated in each of
said questions, if conferred at the election by the registered
qualified electors authorized to vote thereon, shall be deemed
and considered a continuing authority to issue and deliver the
indebtedness 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 so conferred by the electors voting in favor
of said question or questions.
Section 11. Confirmation 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 holding the Special Election are
hereby ratified, approved and confirmed.
Section 12. Effective Date; Repeal
Resolutions This Resolution shall take effect
its adoption. All resolutions or parts thereof
this Resolution are hereby repealed, except tl
shall not be construed to revive any resolution,
heretofore repealed.
of Inconsistent
immediately upon
in conflict with
at this repealer
or part thereof,
Section 13. 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
BD7062 10 01/19/89
j 7
shall not affect any of the remaining sections, paragraphs,
clauses or provisions of this Resolution.
INTRODUCED AND ADOPTED this 23rd day of January, 1989.
(COUNTY)
(SEAL)
ATTEST:
V unty Clerk and ' Recorder
BD7062
EAGLE COUNTY,
p\ COLORADO
By: W�ca
Chairman
Commissioner
Commisr
11 01/19/89
