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Home My WebLink AboutR95-095 question of one half of one percent sales tax for mass transportation,' Co~aaissioner moved adoption of the fol owing Reso ution: BOARD OF COUNTY C~~IISSIONEILS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95- A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED QUALIFIID ELECTORS OF EAGLE COUNTY, COLORADO, OF A QUESTION OF AUTHORIZING THE LEVY OF A COUNTY SALES TAX OF ONE-HALF OF ONE PERCENT FOR THE PURPOSES OF FINANCING, CONSTRUCTING, OPERATING, OR MAINTAINING A MASS TRANSPORTATION SYSTEM WITHIN THE COUNTY WHICH MAY EXCEID THE CURRENT SEVEN PERCENT LIMITATION IMPOSID BY § 29-2-108, COLORADO REVISID STATUTES, AS AN~NDID, SAID QUESTION TO BE SUBMITTID AT THE ELECTION TO BE HELD NOVEMBER 7, 1995; PRESCRIBING THE FORM OF BALLC7T QUESTION FOR SUBMISSION AT SAID ELECTION; PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER; AND OTHERWISE PROVIDING FOR THE CONDUCT THEREOF. Vu~RPAS, in addition to any sales tax imposed pursuant to Section C.R.S. 29-2-103, each county in the State of Colorado which lies outside the jurisdiction of the regional transportation district is authorized to levy a county sales tax, use tax, or both of up to one-half of one percent for the purpose of financing, constructing, operating or maintaining a mass transportation system within the county pursuant to section 29-2-103.5 C.R.S.; and WHEREAS, there is a demand throughout the County for an increase in the availability of a mass transportation system; and WHEREAS, Eagle Counter lies outside the jurisdiction of the Regional Transportation District; and [tiIHEREAS, the Board of County Commissioners of Eagle County, Colorado (the "County"), desires to establish and operate a mass transportation system within the boundaries of the County ("System") ; and WF-~REA.S, the amount of resources and revenues available to the County for these purposes is insufficient to finance .the costs required to establish and operate the System; and WI~REA.S, the County is authorized to levy a one-half of one percent sales tax in an amount which may exceed the current seven percent limitation imposed by C.R.S. 29-2-108, provided that the question of increasing said levy is first submitted to and approved by a majority of the registered qualified electors of the County voting on such a question; and W!IS, such a sales tax shall not be levied pursuant to the provisions of C.R.S. 29-2-103.5 (1) until the proposal has been referred to and approved by the registered electors of the County in accordance with the provisions of C.R.S. 29-2-103.5 and Article X, Section 20 of the Colorado Constitution; and Vu~REAS, the proposal for a sales tax increase may be submitted at the election to be held on November 7, 1995; and Vv~RF~AS, this election 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.; and w~REA~S, the additional revenue attributable to the increased sales tax levy, if approved by the electors of the County, would be credited and pledged to a special fund in the County treasury to be known as the County Mass Transportation Fund. This Fund, when created, shall be used only for the financing, constructing, operating, maintaining, establishing or supporting of a mass transportation system within the County or for payment of any obligation entered into for such purposes.; and hIHER.EAS, the Board of County Commissioners has determined that there should be submitted to said electors a question of levying a one-half of one percent sales tax for the ~ur~ose of financing, constructing, operating, maintaining, establishing or supporting a mass transportation system within the County; that mass transportation for purposes of this resolution be defined in the widest possible manner; so as to allow implementation of new research and recognition of the need for intermodal transportation; and to allow financing, constructing, operating, maintaining, establishing or supporting of mass transportation to include any means of transporting the general public, but not to be limited to bus, bike paths, bikev~ays, rail, fixed guideway rapid transit, or other means of conveyance within Eagle County; and WI-AREAS, the Board of County Commissioners in consultation with incorporated towns and others in Eagle County has determined that it is iri the best interest of the citizens that transportation modes which lessen impact on the road system should 2 a be encouraged, and that ten percent (l00) of amass transportation tax, if approved, should be dedicated to bikeways. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. r'F'~ i f i rat- i nn of Question to ClerK aria xecoraer for Election. The following question shall be presented at the election to be held on Tuesday, November 7, 1995. That said election shall be held in accord with the provisions of Colorado State Statute. Such notices as are required by Article X, Section 20 of the Colorado Constitution shall be provided by the Clerk and Recorder. Section 2. Farm cif Ballot Question. At the Election there shall be submitted to a vote of the registered qualified electors of the County the following question: Question "Shall the Board of County Commissioners of Eagle County be granted authority to levy a one-half of one percent sales tax throughout the County commencing January 1, 1996 to be credited to a special fund in the County treasury known as the "County Mass Transportation Fund," which fund shall be used for the purposes of financing, constructing, operating, maintaining, establishing or supporting a mass transportation system to include any means of transporting the general public, but not to be limited to bus, bike paths, bikeways, rail, fixed guideway rapid transit, or other means of conveyance, excluding air, within Eagle County; and shall Eagle County be entitled to spend the full revenues from such tax increase in any year after the first full year in which it is in effect exceeding the estimated dollar amount stated above and shall the revenues- from such sales tax be collected and spent without any other limitation or condition except those contained herein, and without limiting the collection or spending of any other revenues or funds by Eagle County, under Article X, Section 20 of the Colorado Constitution or any other law?" Ten percent of all revenue collected pursuant to this transportation tax shall be dedicated to bikepath or bikeway purposes. Funds equal to not less than the portion of the one-half of one percent sales tax collected within that portion of Eagle County located within the boundaries of Precinct 7 (Basalt) and Precinct 8 (El Jebel) , shall be used for the 3 purposes of financing, constructing, operating, or maintaining amass transportation system within that part of Eagle County located within the area encompassed by Precincts 7 and 8, as those precinct boundaries exist as of the date of this election. Note: The approval of such sales or use tax may result in a sales tax rate in excess of the current seven percent limitation. For Additional Against Additional Sales Tax Levy Sales Tax Levy Section 3. prop~~ and Services Taxed. The same property and services shall be taxed and the same items shall be exempt as is provided for in the General County Sales Tax, Resolution No. 81- 33 adopted September 22, 1981. Section 4. Settincr the Title. Pursuant to the provisions of §1-40-106(2) C.R.S. the County Clerk and the Board of County Commissioners sitting as the title board shall set the ballot title of this measure by resolution prior to September 12, 1995. Section 5. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State f Colorado, at its regular meetin~~ held the ~C,C~_ day of 1995. T COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ~_ s E . son, airman George Gates, Co ssioner 4 County Commissioners r c ette P i ips, COITaTUS loner Commissioner seconded adoption of the foregoing reso utio ro ving been called, the vote was as follows: Commissioner James E. Johnson, Jr. - Commissioner George A. Gates Commissioner Johnnette Phillips ~.t, This Resolution passed by r3 ' (~ vote of the Board of County Commissioners of the County o Eag e, State of Colorado. taxelect.95 i ~w /I 5