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Town Council Resolution 31 2017 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 31 SERIES OF 2017 A RESOLUTION CALLING A SPECIAL ELECTION, SUBMITTING A BALLOT ISSUE QUESTION TO THE ELECTORATE AND APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE PITKIN COUNTY CLERK TO CONDUCT A COORDINATED ELECTION. WHEREAS, the Town of Snowmass Village ("TOSV"), is a municipal corporation duly organized and existing as a home-rule municipality pursuant to Article XX of the State Constitution and laws of Colorado; and WHEREAS, the Town Council consisting of the Mayor and Council Members ("Council") have been duly elected and qualified; and WHEREAS, November 7, 2017, is a suitable election date at which ballot issues may be submitted to the eligible electors of the Town; and WHEREAS, pursuant to Section 2.1 of the Town Charter, the Council may call a special election by resolution or ordinance at least 30 days in advance of the election; and WHEREAS, pursuant to Section 2.1 of the Town Charter, all elections of the Town are governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and WHEREAS, Section 31-10-102.7 Colorado Revised Statutes, contained within the Municipal Election Code, permits any municipality to elect by resolution to utilize the requirements and procedures of the Uniform Election Code which will thereby permit the Town to participate in the coordinated election being conducted by Pitkin County ("County") on November 7, 2017; and WHEREAS, the Council now determines it is necessary to submit to the electors of the Town, at the special municipal election which will be held as a coordinated election on November 7, 2017 a ballot issue question; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election; and 17-31 TC Reso Page 2 of 4 WHEREAS, Council finds that resources of TOSV as well as efficiency in conducting the special election will be furthered by entering into an Intergovernmental Agreement with the County; and WHEREAS, in 2005 the Colorado General Assembly adopted Senate Bill 152, which provides that before a local government may purchase, lease, construct, maintain or operate any facility for the purpose of providing telecommunications services, advanced services, or cable television services, an election must be held on the question of whether the local government may endeavor to provide such services; WHEREAS, the need for broadband services has become a basic infrastructure requirement for TOSV to enable resources for business, education, medicine, recreation, communication and a myriad of other resources that utilize broadband services; and WHEREAS, the mountainous terrain of TOSV combined with a relatively low population density make community-wide broadband services difficult to provide on a cost-effective basis and leaves residents and visitors of TOSV underserved; WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, as follows: 1 . Ballot Question. Pursuant to the Town Charter, the Colorado Municipal Election Code of 1965 and the Uniform Election Code, and all laws amendatory thereof and supplemental thereto, a special municipal election shall be held on November 7, 2017, and there shall be submitted to the eligible electors of the Town the question set forth as follows: WITHOUT INCREASING TAXES, SHALL THE TOWN OF SNOWMASS VILLAGE BE AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTICIPATION OR PARTNERS, ALL SERVICES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES DESCRIBED AS HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICE), TELECOMMUNICATIONS SERVICES AND/OR CABLE TELEVISION SERVICES,TO PROMOTE AND ENCOURAGE THE EXPANSION OF SUCH SERVICES, INCLUDING IMPROVED HIGH BANDWIDTH SERVICE(S) BASED ON NEW OR FUTURE TECHNOLOGIES, TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, WITHOUT LIMITING ITS HOME RULE AUTHORITY? 17-31 TC Reso Page 3 of 4 Yes No 2. Conduct of the Election. The Council hereby provides that the Town shall utilize the requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1 of Colorado Revised Statutes as authorized pursuant to the Municipal Election Code with respect to the special election. 3. Designated Election Official. The Town Clerk is hereby appointed as the designated election official of the Town for the purposes of performing acts required or permitted by law in connection with the election. Pursuant to Section 1-1-111(2) Colorado Revised Statutes, all powers and authority granted to the Council may be exercised by the designated election official, including, but not limited to the power to appoint election judges. 4. Direction to Certify the Ballot Issue. The Council hereby authorizes and directs the designated election official to certify to the County Clerk of the County, on or before September 8, 2017, the question in the form set forth in Section 1 hereof. 5. Direction to enter into Intergovernmental Agreements. The officers of the Town are authorized to enter into one or more intergovernmental agreements with the County Clerk of the County pursuant to Section 1-7-116 of Colorado Revised Statutes contained in the Uniform Election Code. Any such intergovernmental agreements heretofore entered into in connection with the election are hereby ratified and approved. 6. Ratification of Prior Action. All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town and its officers directed toward the election and the objects and purposes herein stated are hereby ratified, approved and confirmed. 7. Direction to Town Staff. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 8. Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. 17-31 TC Reso Page 4 of 4 9. Inconsistency. All acts, orders and resolutions, and parts thereof, inconsistent with this Resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, order or Resolution, or part thereof, heretofore repealed. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on August 21 , 2017, upon the motion of Council Member Sirkus, the second of Council Member Goode and upon a vote of five (5) in favor and none (0) opposed. TOWN OF SNOW 4 A S VILLAGE ag/ M. -Out -r, Mayor Atte /r/,iA/a4 kJ "honda B. Coxon, Town Clerk