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R89-011 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 J 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 � 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