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HomeMy WebLinkAboutR81-34 Election - Sales Tax Proposalt R E S O L U T I O N N0. 81-34 WHEREAS, the Board of County Commissioners (the Board) of the County of Eagle, Colorado (the County) , has determined that the needs of the County require the establishment of a ales Tax pursuant to Article 2 of Title 29, Colorado Revised Statutes 1973, as amended; and WHEREAS, a Resolution of the County proposing a Sales Tax has been adopted by the Eoard ; and WHEREAS, it is necessary to submit such proposal to the registered qualifed electors of the County. THEREFORE, BE IT RESOLVED .BY THE BCARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, COLORADO, THAT 1. Special County Election. A special Eagle County, Colorado election shall be held in the County on Tuesday, the 3rd day of November , 1981, at which special election there will be submitted to the registered qualified electors of the County, as hereinafter defined , one question concerning the approval of a Sales Tax proposal in substantially the form hereinafter set forth in the form of ballot. 2. Election Precincts . There shall be for 'this election 13 election precincts, the boundaries of which shall be the same as the precinct boundaries for the general election and the Polling Places for which shall be as follows Precinct No . 1 2 3 4 5 6 7 8 9 10 11 I2 13 General Area Red C1 i f f Southwest Vail Minturn-Gilman Avon-Edward s Eagle Gypsum Basalt E1 Jebel Sweetwater Burns Bond-McCoy Northwest Vail East Vail Polling Place Red Cliff Community Center Vail Municipal Building Minturn Town Hall Avon Town Hall Eagle Community Center I. O. O. F. Hall Basalt Town Hall El Jebel Fire House Leg ion Hall in Gypsum Beardens Cabins Mc Coy School House Vail Municipal Building Vail Transportation Center -3- i ~r The Polling Place shall be designated by a sign conspicuously posted at least ten (10) days before the election, which sign shall state the number of the precinct. 3. Manner of Voting; Oath. The registered qualified electors of the County shall vote either by absent voter ballot or by appearing in person and voting at the polls. Each elector desiring to vote at this election shall be required to write his or her name and address, on a form setting forth his qualifications to vote at such election. maid form shall be supplied by the County Clerk and Recorder and shall be proper under Colorado law. The executed forms shall be returned by the judges of election to the County Clerk and Recorder, and shall be preserved for 3Q days from election day. The County Clerk and Recorder shall also provide instruction cards for the guidance of voters. The County Clerk and Recorder shall also provide paper ballots and paper absent voter ballots for use in the election. 4. Form of Ballot . The ballots to be used in voting upon the question to be submitted shall be prepared and furnished by the County Clerk and Recorder and shall be in substantially the following form: -4- t OFFICIAL BALLOT COUNTY OF EAGLE, COLORADO SPECIAL COUNTY ELECTION NOVEMEER 3, 1981 (The elector shall indicate his or her vote by placing a cross [x] in the square opposite the words expressing his yr her choice . ) Shall the County of Eagle, Colorado impose a Sales Tax on the sale at retail of tang ible personal property (except food , and except machinery or machine tools, and except electricity, coal, wood, gas, fuel oil yr coke sold to pr vvide residential light, heat yr power , all as provided by Colorado law) , and vn the furnishing of certain sere ices , within the County of Eagle , in accordance with a Resolution of the County of Eagle, adopted September 22, 1981, said Sales Tax tv become effective January 1, 1982, and tv be eaual to one percent (l~) of gross Sales Tax receipts, with thirty-five percent (35g) of the Sales Tax receipts to be pledged and applied to a capital improvement fund of the County of Eagle tv be used solely tv pr vvide capital improvements of the County, and with fifteen percent (15$) of the Sales Tax receipts collected within each incorporated city or town within the County tv be distributed to the respective city or town, and with the remaining Sales Tax receipts to be used for County purposes, operations and sere ices? ---------------------------------------------------------------------- FOR ---------------------------------------------------------------------- AGAINST --------------------------------------------------------------------- -5- ~r i (to be endorsed on back of ballot) Official Ballot for the County of Eagle, Colorado, Precinct ATo. for Special County Election held l~TOVember 3, 1981. County Clerk and Recorder County of Eagle, Colorado -6- 5. Paper Ballots. Voters appearing at the polls in this Special County Election will vote by means of paper ballots. Sample ballots are to be made available for public inspection in each voting precinct . 6. Registered Qualified Electors. No vote for or against said questions shall be received by the judges of election unless the person offering the same shall be a registered qualified elector of the County. A "registered qualified elector" means a person who is a citizen of the United States at least eighteen years of age, who has resided in the State of Colorado and in an Eagle County voting precinct for not less than thirty-two days preceding the election, and who has complied with the registration provisions of part 2 of article 2 of title 1, Colorado Revised Statutes 1973, as amended . Any registered elector who, within thirty-two days prior to the election, moves from one precinct within Eagle County to another precinct within the County may cast his or her ballot in the precinct where registered , or by absent voter's ballot, or by completing , within five days before the election, a change of address affidavit at the office of the County Clerk and Recorder . 7. Appointment of Judges . The County Clerk and Recorder shall appoint at least three (3) registered qualified electors of the County in each precinct and for the absent voter polling place to act as judges of election. Each election judge shall be a registered elector of the precinct in which he or she serves and shall be physically and mentally capable to act as a judge of election. If any of the appointed judges of election shall refuse, fail or be unable to serve, the County Clerk and Recorder shall then appoint another registered elector of the precinct. Each judge of election shall be compensated in the amount of $50 for his or her services, such amount being hereby appropriated for such purpose from any legally available fund or funds of the County. 8. Election Results and Canvass. Immediately after the closing of the polls, the judges shall open the ballot boxes, count the ballots cast and certify the election results to the County Clerk and Recorder . The judges shall also complete an abstract of the returns and post the same at a conspicuous place outside the polling place. -7- ~1 Following the election, the County Clerk and Recorder, with the assistance of registered electors of the County appointed for such purpose, shall open and canvass the returns and prepare an abstract of votes . 9. Form of Notice of Special County Election. The County Clerk and Recorder shall cause to be published prior to the election a Notice of Special County Election for four consecutive weeks by four publications in the Eagle Valley Enterprise, Eagle, Colorado, a newspaper having general circulation in the County, in the Vail Trail, Vail , Color ado , and in the Roar ing Fork Val ley Journal , Carbondale , Colorado. Said notice shall be published in both English and Spanish, and for this purpose the Town Clerk is authoriz-ed to obtain a suitable translation of the same. Said notice shall also be posted until after the election in a conspicuous place in the office of the County Clerk and Recorder, and shall be in substantially the following form: -~- 'r NOTICE OF SPECIAL COUR1TY ELECTION EAGLE COUNTY, COLORADO NOVEMBER 3 , 1981 PUBLIC NCTICE IS HEREBY GIVEN that at a special Eagle County, Colorado, election to be held on Tuesday, the 3rd day of November, 1981, in the County of Eagle, Colorado, there will be submitted to the registered qualified electors of the County the following question: Shall the County of Eagle, Colorado impose a Sales Tax on the sale at retail of tang ible personal property (except food , and except machinery or machine tools, and except electricity, coal, wood, gas, fuel oil or coke sold to provide residential light, heat or power, all as provided by Colorado law), and on the furnishing of certain services, within the County of Eagle, in accordance with a Resolution of the County of Eagle, adopted September 22, 1981, said Sales Tax to become effective January 1, 1982, and to be equal to one percent (1~) of gross Sales Tax receipts, with thirty-five percent (35~) of the Sales Tax receipts to be pledged and applied to a capital improvement fund of the County of Eagle to be used solely to provide capital improvements of the County, and with fifteen percent (15$) of the Sales Tax receipts collected within each incorporated city or town within the County to be distributed to the respective city or town, and with the remaining ales Tax receipts to be used for County purposes, operations and sere ices? The boundaries of voting precincts fur this election shall be the same as the boundaries of the general election precincts for Eagle County, Colorado; the polling places fur these voting precincts shall be as follows Precinct Nu. General Area Polling Place 1 Fed Cliff Red Cliff Community Center 2 Southwest Vail ~ Vail Municipal Building ? Minturn-Gilman Minturn Town Hall 4 Avon-Edwards Pvon Town Hall 5 Eagle Eagle Community Center 6 Gypsum I.O. C. F. Hall 7 Basalt Basalt Town Hall 8 E1 Jebel El Jebel Fire House 9 Sweetwater Leg ion Hall in Gypsum 10 Burns Beardens Cabins 11 Bond-N!cCoy McCoy school F,ouse 12 Northwest Vail Vail Municipal Euilding 13 East Vail Vail Transportation Center -9- ti The polling places for voting on said question shall be opened at the hour of 7:00 a .m. of said day, and said polls shall remain open continuously and be closed at the hour of 7:00 p.m. of said day. Paper ballots are to be used in voting upon the question and will be furnished by the County Clerk and Recorder to the Judges of Election, to be by them made available to the voters. Voting will be conducted according to the provisions of Title 1, Colorado Revised Statutes 197?, as amended, and other applicable laws. All registered qualified electors shall be entitled to vote at said election on the question submitted. A "registered qualified elector" means a person who is a citizen of the United States, at least eighteen years of age, and who has resided in the State of Colorado and in an Eagle County, Colorado voting precinct for not less than thirty-two days preceding the election and who has complied with the registration provisions of article 2 of title 1, Colorado Fevised Statutes 197?, as amended. Any registered qualified elector of Eagle County who, within thirty-two days before the election, moves from one precinct within the County to another precinct within the County, may cast his or her ballot in the precinct where registered , or may vote by absent voter's ballot, or may, within five days before the election, complete an affidavit of change of address with the County Clerk and Recorder, and vote in the new precinct. A person having all of the qualifications to vote at said election but who, on election day, expects to be absent from his or her precinct, or by reason of his or her work or the nature of his or her employment is likely to be absent and fears that he or she will be absent from the precinct, or because of serious illness or• physical disability, or because he or she resides more than ten (10) miles from his or her polling place by the most direct route for public travel, or for reasons based upon the doctrines of an established religion , shall be unable to attend the. polls, may apply orally or in writing to the County Clerk and Recorder for an absent voter ballot not more than ninety (90) days before nor later than the close of business on the Friday immediately preceding the election. Such application may be made in person or by mail at the office of the County Clerk and -10- -r Recorder, Eagle County Courthouse, Eagle, Colorado 81631. Appl ications by letter shall be signed and shall state the appl icant' s address and the reason he or she wishes to vote by absent voter ballot. Any such ballot must be cast in the manner instructed by the County Clerk and Recorder and the envelopes containing absent voter ballots must be received by the County Clerk and Recorder not later than 7:00 p .m . on the day of the elect ion . The absent voter polling place will be located at the Eagle County Courthouse in Eagle, Colorado. The absent voter polling place will be open at 8:30 a.m. on election day, and remain open continuously to receive absent voter ballots until the hour of 7:00 p.m. of said day. Any non-English-speaking qualified elector who has questions concerning the groposal to adopt a county-wide sales tax, as the same appears in a Resolution of the Board of County Commissioners of Eagle County, Colorado, adopted September 22, 1981 and published elsewhere in this newspaper , is urged to contact the Eagle County Clerk and Recorder. IN WITNESS WHEREOF, The Town Council of the Board of County Commissioners of Eagle County, Colorado, has caused this Notice to be given as required by law as of the 22nd day of September , 1981. (CO UPSTY ) ( SEAL ) /s/ Johnnette Phillips County Clerk and Recorder Eagle County, Colorado Publish in : The Eagle Val ley Enterprise Publish on: October 8, 15, 22 and 29, 1981 Publish in : The Vail Tr a i 1 Publish on: Cctober 9, 16, 23 and 30, 1981 Publish in : The Roaring Fork Valley Journal Publish on : October 8, 15, 22 and 29, 1981 -11- l- .i 10. Application for Absent Voter Ballot. Any person who is otherwise fully qualified to vote but who, on election day, expects to be absent from his or her precinct, or by reasons of his or her work or the nature of his or her employment is likely to be absent and fears that he or she will be absent from the precinct, or because of serious illness or physical disability, or who resides more than ten (10) miles from his or her polling place by the most direct route for public travel , or for reasons based upon the doctr Ines of an established rel ig ion shall be unable to attend the polls , may apply orally or in writing to the County Clerk and Recorder, in the Eagle County Courthouse, Eagle, Colorado, 81631 for an absent voter ballot not more than ninety (90) days before nor later than close of business on the Friday immediately preceding the election. The absent voter polling place will be located at the Eagle County Courthouse in the Town of Eagle. The absent voter polling place will be opened at 8:30 a .m. on election day and remain open continuously to receive absent voter ballots until the hour of 7:00 p.m. of said day. 11. Authorized Actions. The members of the Board and the employees of the Town are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Resolution . 12. Authority of County Clerk and Recorder. The County Clerk and Fecorder is hereby authorized and d irected to per form all acts as are or may be necessary to comply with the applicable provisions of the Federal Voting Fights Act Amendments of 1975, including the provision of voting notices, forms, instruction, assistance, or other materials or information relating to the electoral process, including ballots, in both the English and Spanish languages. The County Clerk and Recorder is also directed to take affirmative action to recruit full time or part time staff members who are fluent in Spanish and in English in precincts composed of three percent (3$) or more non-English-speaking qualified electors. Such action to recruit staff members shall be conducted through voluntarily donated public service notices in the media. The County Clerk and Fecorder is authorized to prow ide appropriate sere ice in answering any questions from non-English-speaking electors concerning the Sales Tax proposal. -12- .T 13. Ratification, Approval and Confirmation. All action not inconsistent with the provisions of this Resolution heretofore taken by the Board and officers and employees of the County, directed toward holding the subject special county election is hereby ratified, approved and confirmed . 14. Repealer . All prior acts , orders , resolutions , or parts thereof, of the Board in conflict with this P.esolution are hereby repealed, except that this repealer shall not be construed to revive any such act, order, resolution, or part thereof, heretofore repealed. 15. Severability. If any section, paragraph, clause or provision of this Resolution shall be adjudged 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, it being the intention that the var ions parts hereof are severable . 16. Effective on Passage. This Resolution shall take effect immediately upon its passage . ADOPTED AND APPROVED this 22nd day of September, 1981. EAGLE COUNTY, COLORADO (COUNTY) ( SEAL ) By Chairman Board of County Commissioners Eagle County, Colorado unty Clerk a Record r agle County, Colorado -13- .~ STATE OF COLORADO ) ss. COUNTY OF EAGLE ) I, Johnnette Phillips, the duly appointed, qualified and acting County Clerk and Recorder of the County of Eagle, Colorado, do hereby certify that the foregoing pages numbered 1 to 13, inclusive, constitute a true and correct copy of the Record of Proceedings of the Board of County Commissioners of said County, adopted at a regular meeting of the Council, held at the Eagle County Courthouse Annex, Eagle, Colorado, on Tuesday, the 22nd day of September, 1981, commencing at the hour of ~:~~ p.m. as recorded in the official Fecord of Proceedings of the County kept in my office, insofar as said proceedings relate to a resolution calling a special county election to be held on Tuesday, the 3rd day of November, 1981; that said proceedings were duly had and taken; that the meeting was duly held; and that the persons were present at said meeting as therein shown . WITNESS my hand and the seal of Eagle County, Colorado, this ~~..i day of September , 1981. { COUNTY) ~ SEAL ) 1 , .t' / o un ty Clerk Record r Eagle County, Colorado -14- as (Attached Affidavits of Publication of Dbtice of Special County Election.) -15- ` ~ ~, ~~ CERTIFIED RECORD OF PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO RELATING TO A RESOLUTION IMPOSING A COUNTY SALES TAX } STATE CF COLORADO ) ss. COUNTY OF EAGLE ) The Board of County Commissioners of the County of Eagle, Colorado, met in regular session at the Eagle County Courthouse Annex, located in Eagle, Colorado, the regular meeting place thereof in said Town, on Tuesday, the 22nd day of September, 1981, at the hour of ~~ p.m. The following members of the Board of County Commissioners were present Chairman : Dale Grant Commissioners: Dan Vlilliams Keith Troxel The following member of the Board of County Commissioners was absent: The following persons were also present: County Clerk and Recorder, Johnnette Phillips Thereupon the following proceedings, among others, were had and taken Commissioner '~~a~C~~ introduced and moved the adoption of the following Resolution, which was read by title, sufficient copies having previously been made available to the Board and to the public . -2-