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HomeMy WebLinkAboutR97-127 ballot question for Eagle Valley Library DistrictRESOLUTION NO. 97 -A? A RESOLUTION AUTHORIZING THE SUBMISSION OF BALLOT QUESTIONS ON BEHALF OF EAGLE VALLEY LIBRARY DISTRICT TO THE VOTERS AT AN ELECTION ON NOVEMBER 4, 1997 WHEREAS, the County of Eagle (the "County ") in the State of Colorado, is a county duly organized and existing under the Constitution (the "Constitution ") and the laws of the State of Colorado; and WHEREAS, the members of the Board of County Commissioners (the "Board ") have been duly elected, chosen and qualified; and WHEREAS, the County currently imposes a mill levy for the purpose of funding the establishment, operation and maintenance of the Eagle Valley Library District (the "District ") (including the payment of outstanding bonds issued for District purposes) of 2.75 mills; and WHEREAS, Article X, Section 20 of the Constitution ( "Amendment 1 ") limits District revenue and spending; and WHEREAS, Title 29, Article 1, Part 3, C.R.S., limits the increase in the amount of property tax revenue which the County may receive over the prior year to 5.5% except as otherwise provided therein or to the extent a greater increase is approved by the eligible electors; and WHEREAS, the Board of Trustees of the District is of the opinion that the County, on behalf of the District, should ask District voters for authorization to keep and spend ad valorem property revenues collected on behalf of the District pursuant to its 2.75 mill levy of regardless of any limitation contained in Amendment 1; and WHEREAS, the Board of Trustees of the District also is of the opinion that the County, on behalf of the District, should ask District voters to allow the District to exceed the 5.5% revenue limitation imposed on the District pursuant to Section 29 -1 -301, C.R.S.; and WHEREAS, Amendment 1 requires the County to submit ballot questions (as defined in Amendment 1) to the District's electors on limited election days before action can be taken on such ballot questions; and WHEREAS, the Board of Trustees of the District has submitted to the Board a copy of an election resolution, adopted on August 20, 1997, directing this Board to submit to the qualified registered electors of the District the proposition of exceeding the revenue and spending limitations of Amendment 1 and the revenue limitations of Section 29 -1 -301, C.R.S.; and WHEREAS, this Board has reviewed the resolution, discussed its provisions and determined that the proposal should be submitted to the eligible electors of the District as therein provided. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, IN THE STATE OF COLORADO: Section 1. All action heretofore taken (not inconsistent with the provisions of this resolution) by the County and the District directed towards the election is ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings specified in the Uniform Election Code of 1992, Title 1, Articles 1 through 13, C.R.S. Section 2. The submission of the following District revenue and spending limitation question, as set forth in the District's resolution of August 20, 1997, is hereby approved. The question in substantially the form hereinafter set forth shall be submitted to the eligible electors of the District at the election on November 4, 1997 (the "election ") in the manner provided in the District's election resolution of August 20, 1997: QUESTION: SHALL EAGLE COUNTY, COLORADO, ON BEHALF OF THE EAGLE VALLEY LIBRARY DISTRICT, WITHOUT ANY TAX INCREASE, BE PERMITTED TO COLLECT AND SHALL THE DISTRICT BE PERMITTED TO EXPEND, WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN 1998 AND ANY YEAR THEREAFTER, FROM THE LIBRARY DISTRICT 2.75 -MILL LEVY, AS A VOTER - APPROVED REVENUE CHANGE AND PROPERTY TAX REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION; AND SHALL THE COUNTY, ON BEHALF OF THE DISTRICT, BE AUTHORIZED IN 1998 AND ANY YEAR THEREAFTER TO COLLECT AND SHALL THE DISTRICT BE AUTHORIZED TO EXPEND, WHATEVER AMOUNTS ARE RAISED BY THE DISTRICT'S 2.75 -MILL LEVY, REGARDLESS OF THE AMOUNT WHICH OTHERWISE WOULD BE PERMITTED UNDER THE 5 1/2% LIMITATION OF SECTION 29 -1 -301, COLORADO REVISED STATUTES, SUCH ADDITIONAL REVENUES TO BE USED FOR GENERAL PURPOSES OF THE DISTRICT? Section 3. The election shall be conducted by the County Clerk as part of the coordinated election pursuant to Section 1 -6 -117, C.R.S. Section 4. This Board accepts and approves, and hereby directs the officers of the County to carry out and comply with, all provisions of the District's election resolution of August 20, 1997. -2- Section 5. The officers and employees of the County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. Section 6. All orders, bylaws and resolutions, or parts thereof, in conflict with this resolution, are hereby repealed. Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. ADOPTED AND APPROVED this September -9", 1997. Chair, Board of County Commi sioners, Eagle County, Colorado (SEAL) ATTEST: Eagle County Cle& and Recorder -3- � X STATE OF COLORADO SS. COUNTY OF EAGLE I, Sara Fisher, the County Clerk of the County of Eagle, Colorado (the "County "), do hereby certify: 1. The foregoing pages numbered 1 through 3, inclusive, are a true and correct copy of a resolution (the "Resolution ") passed and adopted by the Board of County Commissioners (the "Board ") of the County at a meeting of the Board held on September 8.' 1997. 2. The adoption of the Resolution was duly moved and seconded and the Resolution was adopted by an affirmative vote of majority of the members of the Board as follows: Those Voting Aye: Those Voting Nay: Those Absent: Those Abstaining: The members of the Board were present at such meeting and voted on the passage of such Resolution as set forth above. 4. The Resolution was approved and authenticated by the signature of the Chair of the Board, sealed with the County seal, attested by the Secretary and recorded in the minutes of the Board. 5. There are no rules or regulations of the Board which might prohibit the immediate adoption of said Resolution. Notice of the meeting of the Board in the form attached hereto as Exhibit A was posted at the County Courthouse, in Eagle, Colorado, not less than 24 hours prior to the meeting in accordance with law. WITNESS my hand and the seal of said County affixed this Z�' y of September, 1997. of ci,r.�F h.rti c f oy County Clerk (SEAL) 0 4o RAI°' M (Form of Notice of Meeting)