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RESOLUTION NO. A RESOLUTION CALLING AN ELECTION REGARDING THE ORGANIZATION OF THE YUMA COUNTY WATER AUTHORITY PUBLIC IMPROVEMENT DISTRICT AND OTHER MATTERS PERTAINING TO SUCH PUBLIC IMPROVEMENT DISTRICT; AND PROVIDING OTHER DETAILS RELATING THERETO. WHEREAS, the Board of County Conunissioners (the "Board") of Yuma County, Colorado (the "County"), has by resolution adopted on August 29, 2008, approving the petition for organization and ordering an election to create the Yuma County Water Authority Public Improvement District (the "Proposed District"); and WHEREAS, the Board has been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution ("TABOR") requires voter approval for incurring debt, creation of any tax, and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR also requires the Proposed District to submit ballot issues (as defined in TABOR) to the Proposed District's electors on limited election days before action can be taken on such ballot questions; and WHEREAS, November 4, 2008, is one of the election dates at which ballot issues and spending questions may be submitted to the District's eligible electors pursuant to TABOR; and WHEREAS, the County Clerk and Recorder of Yuma County (the "County Clerk") is conducting a coordinated election within the County on November 4, 2008; pursuant to the provisions of the Uniform Election Code of 1992 (the "Election Code"); and WHEREAS, the Board hereby determines that it is necessary to submit to the electors of the District, at the election to be held on November 4, 2008 (the "election") the question of creation of the District and authorizing the District to incur debt, increase taxes and spend the revenues thereof; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF YUMA, STATE OF COLORADO: Section 1. Ratification and Definitions. All action heretofore taken (not inconsistent with the provisions of this resolution) by the County and the officers thereof, directed toward the election and the objects and purposes herein stated is ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings specified in the Election Code. -18- 1236811\1204400.5 Attachment 2 - 8