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Home My WebLink AboutR07-025 Special Election Call Commissioner ',- moved for adoption 0 the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 07- 0 ./)j~ A RESOLUTION CALLING A SPECIAL ELECTION FOR MAY 1,2007 FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED ELECTORS OF EAGLE COUNTY, COLORADO A BALLOT QUESTION CONCERNING THE ADOPTION OF A REVISED PROPOSED EAGLE COUNTY HOME RULE CHARTER AND IN CONNECTION THEREWITH APPROVING THE FORM OF BALLOT QUESTION, CERTIFYING THE BALLOT CONTENT TO THE COUNTY CLERK AND RECORDER, AND ORDERING THAT NOTICE OF THE ELECTION BE GIVEN. WHEREAS, pursuant to C.RS. ~ 30-11-501, et seq., the County has elected a Horne Rule Charter Commission (hereinafter "Commission"); and WHEREAS, said Commission produced a proposed Eagle County Horne Rule Charter (hereinafter "Charter") pursuant to the guidelines set forth in C.RS. ~ 30-11-501 et seq., and applicable constitutional requirements, the proposed adoption of which Charter was included on the November 7,2007 ballot; and WHEREAS, the proposed Charter was not approved at that election; and WHEREAS, pursuant to C.RS. ~ 30-11-501 et seq., the Commission proceeded to prepare a revised proposed Charter for consideration by the voters of the County; and WHEREAS, the Commission has held at least three (3) public hearings on the proposed Charter, notice of which has been published; and WHEREAS, the Eagle County Board of County Commissioners (hereinafter the "Board") has received the proposed Charter from the Commission in accordance with law on March 16,2007; and WHEREAS, pursuant to c.R.S. ~ 30-11-505 (1), not less than forty-five (45) days and not more than ninety (90) days after its receipt of the Charter, the Board is required to call a special election to determine whether the submitted Charter shall be adopted; and WHEREAS, the election on any revised proposed Charter must be held not less than ninety (90) nor more than one hundred eighty (180) days after the election rejecting the proposed Charter; and WHEREAS, May 1, 2007 meets the foregoing time requirements for holding an election on a revised proposed Charter; and WHEREAS, the Board wishes to obtain the fiscal economy holding a mail ballot election for the consideration of the revised proposed Charter. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. Special Election Called. Pursuant to c.R.S. ~ 31-11-505(3), the Board hereby calls a special election on May 1, 2007, to be held as a mail ballot election, for the purpose of considering adoption of the revised proposed Eagle County home rule charter. Section 2. Ballot Question Approved. The following ballot question is hereby approved and shall be presented at the election to be held on Tuesday, May 1,2007: Shall a proposed Eagle County Horne Rule Charter, having been revised by the Eagle County Horne Rule Charter Commission as allowed by state statute, which among other things: . increases the number of County Commissioners from three to five, each living within their own geographic district; . preserves the current election process for all County elected officials including party nomination of candidates and term limits, with the exception of the County Surveyor; . provides registered voters the opportunity to place issues on the ballot through petition as set forth in the initiative and referendum process, except for certain issues such as the annual operating budget or annual budget appropriation or amendments thereto, levy of taxes, or any land use or development approval or denial, including zoning and rezoning; and . provides an annual report of Eagle County government including the voting record of the Board of County Commissioners, be approved? Yes No Section 3. Ballot Content Certified. The ballot content for the special election is hereby certified to the County Clerk & Recorder as follows: Ballot Title: Whether the proposed Eagle County Home Rule Charter, as revised by the Eagle County Home Rule Charter Commission, shall be approved. Ballot Question: Shall a proposed Eagle County Horne Rule Charter, having been revised by the Eagle County Home Rule Charter Commission as allowed by state statute, which among other things: . increases the number of County Commissioners from three to five, each living within their own geographic district; . preserves the current election process for all County elected officials including party nomination of candidates and term limits, with the exception of the County Surveyor; . provides registered voters the opportunity to place issues on the ballot through petition as set forth in the initiative and referendum process, except for certain issues such as the annual operating budget or annual budget appropriation or amendments thereto, levy of taxes, or any land use or development approval or denial, including zoning and rezoning; and . provides an annual report of Eagle County government including the voting record of the Board of County Commissioners, be approved? Yes No Section 4. Notice of Election Ordered. The Board hereby orders that notice of the special election be published at least thirty (30) days prior to the date thereof in compliance with C.RS. ~ 30-11-505(1) including the full text of the proposed charter, and no later than ten (10) days prior thereto in compliance with C.R.S. ~ 1-5-205(1). Section s. Severability. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting held the if.. day of /YI'f/'.;-4, 2007. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY MISSIONERS By: Clerk to the Board of County Commissioners Commissioner F ~ 4 f r^ seconded adoption of the foregoing resolution. The roll having been called, the vote was as (ollows: Commissioner Menconi Commissioner Fisher Commissioner Runyon ,.... yt eye OI.yt The Resolution passed by a .'?- 6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.