HomeMy WebLinkAboutR05-111 adopting regulations prohibiting smoking in all enclosed public places
Commissioner tIL.-A moved adoption of the following:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
Resolution No. 2005- II ,
RESOLUTION PROVIDING FOR THE SUBMISSION OF A QUESTION TO
THE REGISTERED QUALIFIED ELECTORS OF EAGLE COUNTY,
COLORADO, TO DETERMINE WHETHER EAGLE COUNTY ELECTORS
ARE IN FAVOR OF ELECTED OFFICIALS ADOPTING REGULATIONS
PROHIBITING SMOKING IN ALL ENCLOSED PUBLIC PLACES,
INCLUDING RESTAURANTS AND BARS, IN EAGLE COUNTY, COLORADO
WHEREAS, Eagle County, Colorado is a political subdivision of the State of
Colorado, duly organized and existing pursuant to the laws and the Constitution of the
State; and
WHEREAS, pursuant to section 25-14-105, c.R.S., the Board of County
Commissioners is authorized to adopt an ordinance regulating smoking in the
unincorporated areas of Eagle County, Colorado; and
WHEREAS, numerous studies have shown that second hand smoke creates a
myriad of health problems among non-smokers and is the third leading cause of
preventable death in the United States; and
WHEREAS, the Board of County Commissioners desires to place before the
registered and qualified electors of Eagle County the question of whether Eagle County
electors are in favor of elected officials adopting regulations prohibiting smoking in all
enclosed public places, including restaurants and bars, in Eagle County, Colorado; and
WHEREAS, pursuant to section 1-5-203(3), C.R.S., no later than 60 days before
any election, the designated election official of each political subdivision that intends to
conduct an election shall certify the order of the ballot and ballot content.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the ballot question contained in Exhibit "A," attached hereto and
incorporated by reference, shall be presented in substantially such form to the registered
electors of Eagle County at the coordinated election to be held November 1, 2005, in
accordance with all applicable laws. The Board of County Commissioners hereby directs
that a copy of this Resolution be certified and filed in the Office of the Clerk and
Recorder before the close of business on September 2,2005 and authorizes and directs
the Clerk and Recorder to certify the ballot issue and ballot content as provided by law.
THAT, the name of the designated election official who will be responsible for
conducting the election pursuant to the Uniform Election Code is Teak J. Simonton,
Eagle County Clerk and Recorder.
THAT, the officials and employees of Eagle County are hereby authorized and
directed to take all actions necessary or appropriate to effect the provisions of this
Resolution.
THAT, this Resolution shall take effect immediately upon its adoption. If any
section, paragraph, clause or provision is held to be invalid or unenforceable, such
invalidity or unenforceability shall not affect any of the remaining sections, paragraphs,
clauses or provisions ofthis Resolution.
THAT, the Board finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare ofthe citizens of the County of Eagle, State of
Colorado.
MOVED, READ AND ADOPTED, by the Board of County Commissioners of
the County of Eagle, State of Colorado, at its regular meeting, held this 30 day of
August, 2005.
COUNTY OF EAGLE, STATE OF
COLORADO, by and through its
BOARD OF COUNTY
COMMISSIONERS
~
,
64:1 ~ -
Teak J. Simonton, Clerk to the M. Menconi,
Board of County Commissioners ~~
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Peter F. Runyon,
,/
Commissioner
By: ~
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Am M. Menconi
Commissioner Peter F. Runyon
Commissioner Tom C. Stone
This Resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
EXHIBIT "A"
EAGLE COUNTY REFERRED QUESTION NUMBER_:
REGARDING PROHIBITING SMOKING IN PUBLIC PLACES
ARE YOU IN FAVOR OF ELECTED OFFICIALS ADOPTING REGULATIONS
PROHIBITING SMOKING IN ALL ENCLOSED PUBLIC PLACES, INCLUDING
RESTAURANTS AND BARS, IN EAGLE COUNTY, COLORADO?