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HomeMy WebLinkAboutR20-064 Gallagher Amendment DocuSign Envelope ID:ED2E75FF-4C21-4C87-BAAO-BC2034AC7CD3 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2020-064 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED, QUALIFIED ELECTORS OF EAGLE COUNTY,COLORADO, A QUESTION TO AUTHORIZE,WITHOUT RAISING THE PROPERTY TAX REVENUES FOR THE 2021 TAX COLLECTION YEAR,THE AUTHORITY TO ADJUST EAGLE COUNTY GOVERNMENT'S MILL LEVY ON AN ANNUAL BASIS TO OFFSET FUTURE STATE IMPOSED REDUCTIONS IN THE RATIO OF ASSESSED PROPERTY TAX VALUATIONS (GALLAGHER AMENDMENT ADJUSTMENTS), SAID QUESTION TO BE SUMITTED AT THE ELECTION TO BE HELD NOVEMBER 3, 2020; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION, AND PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER WHEREAS,pursuant to Section 30-11-107(1)(d)C.R.S.,the Eagle County Board of County Commissioners(the"Board")is authorized to apportion and order the levying of taxes as provided by law; WHEREAS,without raising tax revenues for the 2021 tax collection year,the Board desires the ability to adjust the Eagle County Government's Mill Levy on an annual basis, so that,to the extent possible,the County's net tax revenues shall not be reduced because of refunds,abatements and changes in the ratio of valuation for assessment for residential real property imposed by the State; WHEREAS,the"Gallagher Amendment",Colo. Const. art.X, §3(1)(a),was approved by Colorado voters in 1982 and requires that 45%of the total amount of state property tax comes from residential property and 55%comes from commercial and industrial property; WHEREAS,growth in value of residential property in the state of Colorado has outpaced the growth in non-residential property,and as such the Gallagher Amendment has forced down the residential assessment rate from 30%in 1982 to 7.2%today, and this residential assessment rate is expected to decrease again in 2020 to approximately 5.99%; WHEREAS,Eagle County will lose an approximate 3 to 4 million from the expected residential assessment rate decrease to 5.99%with similar losses every time the residential assessment rate is reduced; WHEREAS,such loss in revenue will negatively impact the County's ability to sustain existing levels of service in such areas as emergency and law enforcement response to wildland fires and other natural disasters,public health response to pandemics and other emergencies,behavioral health issues in our community,necessary road repair and maintenance,emergency assistance to our local workers and residents. Additionally,less money will be made available for voter-approved causes such as open space and natural resource preservation; DocuSign Envelope ID:ED2E75FF-4C21-4C87-BAAO-BC2034AC7CD3 WHEREAS,residential property makes up about 80%of the actual market value of all property in the state of Colorado and 89%of the actual market value of all property in Eagle County; WHEREAS,Article X, Section 20 of the Colorado Constitution requires voter approval for, among other things,the increase of a taxing authority's mill levy; WHEREAS,the Board has determined that there should be submitted to the qualified and registered electors of Eagle County,at the general election to be held on November 3,2020(the "Election"),the question of whether Eagle County shall be authorized to adjust,on an annual basis,its mill levy to offset the State imposed reduction of the residential assessment rate;and WHEREAS,the proposal may be submitted at the Election that shall be conducted by the Eagle County Clerk and Recorder in accordance with the"Uniform Election Code of 1992"Articles 1 to 13 of Title 1,C.R.S. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE,STATE OF COLORADO: Section 1. Certification of Question to Clerk and Recorder for Election. The following question is hereby certified to the Eagle County Clerk and Recorder and shall be presented at the Election. Section 2. Form of Ballot Question. At the Election there shall be submitted to a vote of the registered qualified electors of the County the following question: QUESTION: "BALLOT ISSUE lA-SUSTAINING EXISTING LEVELS OF COUNTY REVENUE FROM FUTURE STATE IMPOSED REDUCTIONS IN RESIDENTIAL ASSESSED VALUATION RATES DUE TO ARTICLE X, SECTION 3 OF THE COLORADO CONSTITUTION (GALLAGHER AMENDMENT)OR SIMILAR STATE ACTION WITHOUT RAISING THE MILL LEVY FOR THE 2021 TAX COLLECTION YEAR, SHALL THE BOARD OF COUNTY COMMISSIONERS FOR EAGLE COUNTY HAVE THE AUTHORITY TO ADJUST THE COUNTY'S MILL LEVY RATE THEREAFTER AS NEEDED FOR THE SOLE PURPOSE OF MAINTAINING REVENUES THAT MAY OTHERWISE BE LOST AS A RESULT OF STATE IMPOSED REDUCTIONS IN THE RATIO OF ASSESSED PROPERTY TAX VALUATIONS SO THAT THE ACTUAL TAX REVENUES GENERATED BY THE COUNTY'S MILL LEVIES ARE THE SAME AS THE REVENUES THAT WOULD HAVE BEEN GENERATED HAD THE STATE NOT IMPOSED SUCH REDUCTIONS, IN ORDER TO ALLOW THE COUNTY TO SUSTAIN EXISTING LEVELS OF SERVICES SUCH AS: • EMERGENCY AND LAW ENFORCEMENT RESPONSE TO WILDLAND FIRES AND OTHER NATURAL DISASTERS; • PUBLIC HEALTH RESPONSE TO PANDEMICS AND OTHER EMERGENCIES; • NECESSARY ROAD REPAIR AND MAINTENANCE; DocuSign Envelope ID:ED2E75FF-4C21-4C87-BAAO-BC2034AC7CD3 • OPEN SPACES AND NATURAL RESOURCE PRESERVATION; • EMERGENCY ASSISTANCE TO OUR WORKERS AND RESIDENTS; AND SHALL THE REVENUES GENERATED BY ANY SUCH MILL LEVY INCREASE BE COLLECTED,RETAINED AND SPENT NOTWITHSTANDING ANY LIMITS PROVIDED BY LAW? YES/FOR NO/AGAINST" Section 3. Severability.If any part,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 the remaining sections,paragraphs,clauses or provisions of this Resolution,it being the intention that the various parts hereof are severable. Section 4. Actions. The officers,employees and agents of Eagle County are authorized and directed to take all actions necessary or reasonably required to carry out or effectuate the provisions of this Resolution.If a majority of the votes cast on the question to authorize this adjustment in the Mill Levy,Eagle County shall be authorized to proceed with all necessary actions and such authority shall be continuing 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. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado,at its regular meeting held the 151 day of September,2020. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its OF EAGie BOARD OF COUNTY COMMISSIONERS .pv Cp ATTEST: DocuSigned by: —DocuSigned by: • �../UTA 1 / ,Cs,421 2 n0 By: 1 C6vuettur—ikumi Clerk to th- :14afd' 140 Kat t�ytilif °lIenry County Commissioners Chair p—DocuSigned by: A44(- Scl uyr Mafia 18E°473 Commissioner r DocuSigned�, � by: .._._ c leg Jen nrt +4M% 0. ey Commissioner DocuSign Envelope ID:ED2E75FF-4C21-4C87-BAAO-BC2034AC7CD3 Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Aye Commissioner Scherr Aye Commissioner McQueeney Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado