No preview available
HomeMy WebLinkAboutR99-149 Lake Creek ballot issueRESOLUTION NO. 99 - /! r2 A RESOLUTION REFERRING A BALLOT ISSUE TO THE 1999 GENERAL ELECTION BALLOT FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IN THE LAKE CREEK LOCAL IMPROVEMENT DISTRICT, SUCH BONDS PAYABLE FROM SPECIAL ASSESSMENTS IMPOSED AGAINST BENEFITTED PROPERTIES LOCATED WITHIN THE DISTRICT. WHEREAS, pursuant to § 38- 20- 603(2)(a), C.R.S., a local improvement district to construct, install, and acquire certain local improvements, and to assess the costs thereof against the property specially benefitted thereby is now being initiated by the Board of County Commissioners; and WHEREAS, pursuant to § 30 -20- 603(6), C.R.S., notice of a hearing to authorize such improvements in the district will be published in the Eagle Valley Enterprise, such hearing to take place not less than thirty days after such publication, with construction of the proposed improvements in the district to be contingent upon the approval of such construction at the authorization hearing for the district; and WHEREAS, financing the construction of the improvements requires the issuance of special assessment bonds payable from special assessments imposed against benefrtted properties located within the district, and issuance of such special assessment bonds constitutes the creation of a "multiple year fiscal obligation" requiring voter approval pursuant to Colo. Const. Art. X, Sec. 20; and WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, desires to refer to the registered electors of the district, at the November 1999 special election, to be determined by a majority in the district voting thereon, the question of whether issuance of such special assessment bonds shall be approved or disapproved; and WHEREAS, the Board of County Commissioners may, at its discretion, remove this ballot issue from the ballot in the district not less than twenty -six days before the November 2, 1999 election. NOW, THEREFORE, BE IT RESOLVED: 1. THAT the cost of the election shall be paid from the general fund of the County of Eagle. 2. THAT if the majority of the registered electors voting thereon in the district votes for approval of this ballot issue, the issuance of special assessment bonds authorized thereby may occur by resolution of the Board of county Commissioners at any time following such approval, but such approval does not in any way obligate the Board to issue such special assessment bonds. _ 3 3. THAT the County Clerk and Recorder, as election officer, shall undertake all measures necessary to comply with the election provisions set forth in Colo. Const., Art. X, Section 20(3), including but not limited to the mailing of required election notices and ballot issue summaries. 4. THAT the conduct of the election shall conform so far as practicable to the general election laws of the State of Colorado. 5. THAT pursuant to § 30 -20- 619(5), C.R.S., "registered electors" for this issue shall consist of persons owning property in the district who are registered to vote anywhere in the State of Colorado. 6. THAT if any provision of this resolution or the ballot title certified to the ballot for this issue or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution and the ballot titles are declared to be severable. BE IT FURTHER RESOLVED: THAT the Ballot Title on the question of issuance of special assessment bonds that shall be referred to the registered electors in the district at the election to the be held on Tuesday the 2nd of November, 1999, shall be as follows, subject to the action of the Eagle County Title Board: TITLE OF SPECIAL ASSESSMENT BOND ISSUE ON THE NOVEMBER 2,1999 BALLOT IN THE LAKE CREEK LOCAL IMPROVEMENT DISTRICT, APPEARING AS LAKE CREEK LOCAL IMPROVEMENT DISTRICT ISSUE " ": SHALL EAGLE COUNTY DEBT (FOR LAKE CREEK LOCAL IMPROVEMENT DISTRICT) BE INCREASED $200,000 WITH A REPAYMENT COST OF $276,250, FOR THE PURPOSE OF GRADING AND PAVING IMPROVEMENTS, BY THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAYABLE FROM SPECIAL ASSESSMENTS IMPOSED AGAINST BENEFITTED PROPERTIES LOCATED WITHIN THE DISTRICT, WHICH BONDS SHALL BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES AND IN SUCH MANNER AND CONTAIN SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE BOARD OF COUNTY COMMISSIONERS MAY DETERMINE; AND SHALL THE REVENUES FROM SUCH SPECIAL ASSESSMENTS AND ANY EARNINGS THEREON AND FROM THE INVESTMENT OF THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER- APPROVED REVENUE CHANGE? YES NO -2- m IT IS HEREBY DECLARED by Board of County Commissioners ofthe County ofEagle and State of Colorado that this resolution is necessary for the immediate preservation of the public health, safety and welfare, and that it shall become effective immediately upon its adoption. Upon motion duly made and seconded, this resolution was adopted on September 7, 1999. BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY ti �I.t.P � oluuiette Phillips, Chairperson � g G:\DATA 14 \14109001 \RESOLUTION ,wpd -3-