HomeMy WebLinkAboutR09-091 Energy Smart Local Improvements District Ballot Issue~
Commissioner ~ ~~~ ~-`'t moved adoption
of the followin~ Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2009 -~ t ~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF EAGLE
COUNTY, COLORADO, CALLING AN ELECTION ON NOVEMBER 3, 2009 FOR THE
PURPOSE OF SUBMITTING A BALLOT ISSUE FOR THE EAGLE COUNTY
ENERGY SMART LOCAL IMPROVEMENT DISTRICT; ORDERING THAT THE
BALLOT ISSUE BE VOTED COUNTY WIDE; SETTING THE TITLE AND CONTENT
OF THE BALLOT ISSUE FOR THE ELECTION; AND PROVIDING FOR OTHER
MATTERS RELATING THERIi,'1'O
WHEREAS, Eagle County (the "County") is a duly created political subdivision
organized and operating as a col~nty pursuant to the constitution and laws of the State of
Colorado (the "State");
WHEREAS, the members of the Board of County Commissioners of the County (the
"Board") have been duly elected, chosen and qualified;
WHEREAS, the County is authorized to initiate a local improvement district pursuant to
Part 6 of Article 20 of Title 30, Colorado Revised Statutes ("C.R.S."), as amended (the "Act")
for the purpose of encouraging, accommodating, and financing Renewable Energy Improvements
and Energy Efficiency Improvements (both as defined in the Act) with respect to properties
whose owners have agreed to be included in such district;
WHEREAS, the County desires to encourage, accommodate and provide financing for
Energy Efficiency and Renewable Energy improvements ("EE/RE") for the benefit of property
owners in the County (the "Project") and accordingly expects to initiate a local improvement
district to be known as the Eagle County Energy Smart Local Improvement District (the
"District") pursuant to the Act in order to accomplish the Project, including paying all costs
necessary and incidental thereto;
WHEREAS, pursuant to the Act and other applicable law of the State of Colorado, in
order to finance the Project, the County expects to issue or inc~ir debt and other multiple fiscal
year financial obligation in order to finance and make loans to property owners for the purpose of
making EE/RE improvements to their properties if such owners agree that the property benefited
from such improvements is included in the District and is assessed to pay for costs of such
improvements, including a portion of financing costs;
WHEREAS, such debt and other multiple fiscal year financial obligation shall be
payable from special assessments imposed only against properties benefited from EE/RE
improvements and included in the District and from other legally available funds;
WHEREAS, the County anticipates that the funding provided by the County to the
property owners to finance EE/RE improvements would be cheaper than a conventional bank
loan, because of, in part, the County's ability to issue tax-exempt bonds or tax credit bonds;
WHEREAS, the District will be formed pursuant to a separate resolution of the Board to
be adopted pursuant to and in accordance with the provisions of the Act subsequent to the date of
adoption of this Resolution;
WHEREAS, because funding of the Project requires the issuance of bonds of the County
and incurrence of other multiple fiscal year financial obligations, pursuant to the requirements of
the Act and Article X of Section 20 of the Colorado Constitution ("TABOR"), voter approval is
required prior to the issuance of such bonds and incurrence of other multiple fiscal year financial
obligations;
WHEREAS, the Board has therefore determined to submit a ballot issue at an election to
be held on November 3, 2009, and to set the title and content of the ballot issue to be submitted
at the election called by this Resolution;
WHEREAS, in the event the County issues bonds or incurs other multiple fiscal year
financial obligation to finance the Project, the County desires to retain the ability to advance
funds for the payment of a portion of such bonds or obligation and reimburse itself for such
advances by collecting unpaid assessments as provided in Section 30-20-619(2) of the Act;
WHEREAS, pursuant to Section 30-20-619(6) of the Act, any ballot issue for any special
assessment bonds which are secured by such County advances must be submitted to all registered
electors of the Colinty;
WHEREAS, because the Act permits property to be included within the District
subsequent to the initial formation thereof by agreement of the owner of such property to such
inclusion, it will not be possible for the Board to determine the electors of the District as of the
time of such election;
WHEREAS, the Board finds it appropriate to submit the ballot issue to all registered
electors of the County for the reasons set forth above and in order to provide an opportunity to
each municipality within the County to consent that EE/RE improvements are made to the
properties within such municipalities, so that the properties within such municipalities become
eligible to be included in the District; and
WHEREAS, putsuant to Section 1-5-203(3), C.R.S., as amended, no later than
September 4, 2009, the order of the ballot and ballot content must be certified to the County
Clerk and Recorder (the "County Clerk").
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNT OF EAGLE, STATE OF COLORADO THAT:
1. An election shall be held on Tuesday, November 3, 2009, at which there shall be
submitted to the registered elecCors of the County a ballot issue regarding the issuance of special
assessment bonds or incuc•rence of other multiple fiscal year financial obligation (the "Ballot
Issue"), which ballot issue shall be in substantially the form attached hereto as Appendix A.
Appendix A is hereby incorporated into this Resolution as if set forth in full herein. Pursuant to
Section 30-20-619(6), C.R.S., as amended, the Board hereby orders that all registered electors of
the County shall be eligible to vote on the Ballot Issue.
2. The election shall be conducted as a coordinated election in accordance with Articles 1 to
13 of Title l, C.R.S. as amended (the "Uniform Election Code"). The Col~nty shall pay its pro
rata share of the election costs; provided that the County may elect to reimburse itself for such
cost from assessments paid by property owners in the District as a portion of the Project in
accordance with the Act.
3. The "Designated Election Official" shall be the County Clerk.
4. In accordance with the guidelines contained in C.R.S. Sections 31-11-111 and
30-11-103.5, the Board has determined that the ballot title for the Ballot Issue as set forth in
Appendix A hereto meets these guidelines and hereby approves such ballot title.
5. The order of the ballot shall be determined by the County Clerk as provided in Section
1-5-407(5), C.R.S., as amended, and the rules of the Secretary of State. In accordance therewith,
if the County refers more than one ballot issue, the order of the ballot shall, in accordance
therewith, be as follows: first, measures to increase taxes; second, measures to retain revenues in
excess of its fiscal year spending limit; third, measures to increase debt; fourth, citizen petitions;
and fifth, other referred measures.
6. For purposes of C.R.S. 1-11-203.5, this Resolution shall serve to set the ballot title for the
Ballot Issue set forth herein, and the ballot title for such Ballot Issue shall be as set forth in
Appendix A hereto.
7. The County Clerk and other County officials are hereby authorized and directed to
proceed with any action necessary or appropriate to effectuate the provisions of this Resolution
and comply with the Uniform Election Code, TABOR and other applicable laws.
8. If any section, paragraph, clause, or provision of this Resolution or Ballot Issue 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 sections, paragraphs,
clauses or provisions of this Resolution or the Batlot Issue, as applicable, it being the intention
that the various parts hereof are severable.
9. This Resolution shall take effect immediately upon its passage.
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COUNTY OF EAGLE, STATE OF COLORADO
By and Through its BOARD OF COUNTY
COMMISSIONERS
F ~~'F `' `1
ATTEST: ° °cZ
r~ f~ _/s~ ~ • * ~,
Commissioners
~i~ ~ ~ ~~,~- r D~(,yv i~
Commissioner ~1v`?~~- seconded adoption of the foregoing Resolution. The roll having
been called, the vote was as follows:
Commissioner Fisher ~M
Commissioner Runyon ~y_
Commissioner Stavney ~~
This Resolution passed by 3/ ~ vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
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APPI;NllIX A
COUNTY ISSUE (Eagle County Energy Smart Local Improvement District Debt And
Multiple Fiscal Year Financial Obligation Authorization):
SHALL EAGLE COUNTY DEBT (FOR EAGLE COUNTY ENERGY SMART LOCAL
IMPROVEMENT DISTRICT) BE 1NCREASED BY UP TO $10,000,000, WITH A
MAXIMUM REPAYMENT COST OF UP TO $25,000,000, WITH NO INCREASE IN ANY
COUNTY TAX OR TAX RATE, FOR THE PURPOSE OF FINANCING THE COSTS OF
CONSTRUCTING, ACQUIRING AND INSTALLING RENEWABLE ENERGY AND
ENERGY EFFICIENCY IMPROVEMENTS AND EQUIPMENT FOR PROPERTY OWNERS
THAT CONSENT TO BE INCLUDED IN THE DISTRICT BY ENTERING INTO A
CONTRACT FOR INCLUSION IN THE DISTRICT, INCLUDING WITHOUT LIMITATION:
• SOLAR PHOTOVOLTAIC SYSTEMS,
• SMALL W1ND SYSTEMS,
• BIOMASS SYSTEMS,
• GEOTHERMAL SYSTEMS,
• INSULATION UPGRADES,
• INEFFICIENT HEATING AND COOLING SYSTEMS REPLACEMENT,
• INEFFICIENT LIGHTING SYSTEMS AND FIXTURES REPLACEMENT,
• SEALING AIR LEAKAGES, AND
• ANY OTHER MODIFICATION, INSTALLATION, REMODELING OR IMPROVEMENT
DESIGNED TO PRODUCE ENERGY FROM AN ALTERNATIVE OR RENEWABLE
ENERGY SOURCE OR REDUCE ENERGY CONSUMPTION AS APPROVED BY
EAGLE COUNTY
AND ANY COSTS NECESSARY OR INCIDENTAL THERETO, INCLUDING WITHOUT
LIMITATION THE COST OF ESTABLISHING RESERVES TO SECURE THE PAYMENT
OF SUCH DEBT, BY THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OR BY
INCURRING OTHER MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION, SUCH DEBT
TO BE PAYABLE FROM SPECIAL ASSESSMENTS IMPOSED AGAINST BENEFITED
PROPERTIES FOR WHICH THE OWNERS THEREOF HAVE CONSENTED TO BE
INCLUDED WITHIN THE DISTRICT BY ENTERING 1NT0 A CONTRACT FOR
INCLUSION, AND FROM OTHER FUNDS THAT MAY BE LAWFULLY PLEDGED TO
THE PAYMENT OF SUCH DEBT, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM
NET EFFECTNE WTEREST RATE NOT TO EXCEED 10~`/o PER ANNUM, SUCH
INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY
COMPOUND ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO MATURE, BE
SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, BE ISSUED AND SOLD
AT, ABOVE OR BELOW PAR, BE ISSUED AT ONE TIME OR FROM TIME TO TIME,
AND IN SUCH MANNER, 1N ONE OR MORE SERIES, AND TO CONTAIN SUCH OTHER
TERMS, NOT INCONSISTENT HEREWITH, AS THE BOARD OF COUNTY
COMMISSIONERS MAY DETERMINE; AND SHALL THE COUNTY BE AUTHORIZED
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TO ENTER INTO A MULTIPLE-FISCAL YEAR OBLIGATION TO ADVANCE AMOUNTS
FOR PAYMENT OF A PORTION OF SUCH DEBT AND TO REIMBURSE ITSELF FOR
SUCH ADVANCES BY COLLECTING UNPAID ASSESSMENTS AS PROVIDED IN THE
APPLICABLE PROVISIONS OF COLORADO REVISED STATUTES, AS AMENDED; AND
SHALL THE PROCEEDS OF SUCH DEBT AND THE REVENUE FROM SUCH SPECIAL
ASSESSMENTS AND ANY EARNINGS THEREON BE COLLECTED, RETAINED AND
SPENT BY THE COUNTY AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT
REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION
CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION,
OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE COUNTY'S REVENUES OR
EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED 1N THE
FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER
REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE COUNTY?
YES _ NO _
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TERM SHLET
1) Requested hearing date: September l, 2009
2) For County Manager si~nature: No
3) Requestin~ department: Attorney
4) Title: A Resolution of the Board of County Commissioners of Eagle County,
Colorado, Submitting to the Electorate at the Election to be held on
November 3, 2009, a Question to Issue Debt and Enter into a Multiple Fiscal
Year Financial Obligation for the Eagle County Clean Energy Local
Improvement District Arising Under Section 20 of Article X of tbe State
Constitution
5) Check one: Consent: XX On the Record:
6) Staff submitting: County Attorney Representative
7) Puruose: To set the ballot title for the ballot issue on November 3,
2009
8) Schedule: NA
9) Financial considerations: Contract amount? N/A
Has agreement amount been fully budgeted? N/A
How much of the budgeted funds will remain after execution of this
contract?
Does agreement comply with Eagle County's Purchasing/Bidding/Request
For Proposal guidelines set forth in Resolution 2006-071? N/A
If no, list in detail the reason for non-compliance including any exceptions set
forth in Resolution 2006-072.
List dollar amount of all bids and provide detail for your choice of vendor,
including but not limited to, such items as price, quality, experience, local
preference, etc.
10) Other: ~~
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APFNOVED AS ~O FORM~~
~~:~
agle ., nty Attorney's Office
~~:~ _ ~
ragl~ i,ounty Commission~rs' Office
