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Home My WebLink AboutR94-132 question to authorize property tax increase of 1.5 millsCommissioner moved adoption of the following/Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - / C3a A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED QUALIFIED ELECTORS OF EAGLE COUNTY, COLORADO, A QUESTION TO AUTHORIZE A PROPERTY TAX INCREASE OF UP TO 1.5 MILLS, SAID QUESTION TO BE SUBMITTED AT THE ELECTION TO BE HELD NOVEMBER 8, 1994; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION; PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER. WHEREAS, pursuant to Section 30- 11- 107(d) C.R.S. The Eagle County Board of County Commissioners (hereinafter "Board ") is authorized to apportion and order the levying of taxes as provided by law; and WHEREAS, the Board of County Commissioners has appointed an Open Space Committee to the study the need for acquisition of open space in Eagle County; and that committee has recommended that there is a need to acquire open space in Eagle County and under the current legal framework and a 1.5 mill increase in the ad valorem property tax mill levy is the most workable method to fund the acquisition of open space;and WHEREAS, the acquisition and maintenance of significant open areas in Eagle County will continue to be more difficult and competitive, time - consuming and expensive as a result of growth and market factors; and WHEREAS, the amount of resources and revenues currently available to the County for the purpose of acquiring and maintaining open space is insufficient to finance the costs required to establish and operate an open space program; and WHEREAS, the Board finds that in order to finance a program for the acquisition and maintenance of open spaced located within Eagle County a 1.5 mill increase in the property tax is necessary; and WHEREAS, the County is authorized to increase the mill levy, 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 WHEREAS, such an increase in property taxes shall not be levied pursuant to the provisions of C.R.S. 30 -11 -107 until the proposal has been referred to and approved by the registered electors of the County in accordance with the provisions of Article X, Section 20 of the Colorado Constitution; and WHEREAS, the proposal for a sales tax increase may be submitted at the election to be held on November 8, 1994; and WHEREAS, this election shall be conducted by the Eagle County Clerk and Recorder in accordance with the "Uniform Election Code of 1994 ", Articles 1 to 13 of Title 1, C.R.S.; and WHEREAS, the additional revenue attributable to the increased property tax levy, including interest and other earnings, if approved by the electors of the County, would be credited to a special fund in the County treasury to be known as the County Open Space Fund. This Fund, when created, shall be used only for the acquisition and maintenance of open space; and WHEREAS, the Board of County Commissioners has determined that there should be submitted to said electors a question of increasing property taxes by 1.5 mill for the purpose of financing the acquisition and maintenance of open space 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 to be held on Tuesday, November 8, 1994. Such notices as are required by Article X, Section 20 of the Colorado Constitution shall be provided by the Clerk and Recorder. VA 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: TITLE: SHALL EAGLE COUNTY TARES BE INCREASED $1,500,000 ANNUALLY? QUESTION: SHALL EAGLE COUNTY TAXES BE INCREASED UP TO $1,500,000 ANNUALLY BY THE IMPOSITION OF AN ADDITIONAL 1.5 MILL PROPERTY TAX COMMENCING JANUARY 1,1995 AND THROUGH DECEMBER 31,2005; THE ADDITIONAL TAX TO BE USED FOR THE PURPOSE OF ACQUIRING AND MAINTAINING OPEN SPACE; AND SHALL EAGLE COUNTY BE AUTHORIZED TO COLLECT AND SPEND THE FULL REVENUES FROM SUCH TAX INCREASE REGARDLESS OF WHETHER THE ANNUAL REVENUES FROM SUCH TAX INCREASE IN ANY YEAR AFTER THE FIRST FULL YEAR IN WHICH IT IS IN EFFECT EXCEED THE ESTIMATED DOLLAR AMOUNT STATED ABOVE AND WITHOUT ANY OTHER LIMITATIONS OR CONDITIONS, 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? Yes (For Tax Increase) No (Against Tax Increase) 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Z_� ay of September, 1994. ATTEST: County Commissioners COUNTY OF EAGLE, COLORADO, By and BOARD OF COUNTY STATE OF Through Its COMMISSIONERS J� By: _._. hnnette Phillips, Ch irman Commissioner G'e rrgge �ates, Commissioner Commissioner � seconded adoption of the foregoing resolutz n. T e roll having been called, the vote was as follows: Commissioner Johnnette Phillips -A4 Commissioner James E. Johnson, Jr. Commissioner George A. Gates This Resolution passed by _(3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. mta \r \opnsp2.res 94 -02 0