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HomeMy WebLinkAboutR90-065 Ballot question on levy of county sales tax for mass transportation systemCommissioner ~ U~7',r9- ~~ Q ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 90-~ A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED QUALIFIED 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 INCREASED SALES TAX MAY EXCEED THE CURRENT SEVEN PERCENT LIMITATION IMPOSED BY ยง 29-2-108, COLORADO REVISED STATUTES, AS AMENDED, SAID QUESTION TO BE SUBMITTED AT THE PRIMARY ELECTION TO BE HELD AUGUST 14, 1990; PRESCRIBING THE FORM OF BALLOT 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. WHEREAS, 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; and WHEREAS, there is a demand throughout Eagle County ("County") for an increase in the availability of a mass transportation system; and and WHEREAS, the county lies outside the jurisdiction of the regional transportation district; WHEREAS, the Board of County Commissioners of Eagle County, Colorado (the "Board"), desires to establish and operate a mass transportation system within the boundaries of the County ("System"); and WHEREAS, the Board is of the opinion that 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 WHEREAS, the County is authorized to levy aone-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 WHEREAS, 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 WHEREAS, the proposal for a sales tax increase may be submitted at the primary election to be held on August 14, 1990; and WHEREAS, this election shall be conducted by the Eagle County Clerk and Recorder in accordance with the "Colorado Election Code of 1980", articles 1 to 13 of title 1, C.R.S.; and WHEREAS, the additional revenue attributable to the increased sales tax levy, 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 mass transportation fund. This fund, when created, shall be used only for the financing, constructing, operating, or maintaining of a mass transportation system within the county; and WHEREAS, the Board has determined that there should be submitted to said electors a question of levying aone-half of one percent sales tax for the purpose of financing, constructing, operating or maintaining a mass transportation system within the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. Election to be Held. The following question shall be presented at the primary election to be held on Tuesday, August 14, 1990, between the hours of 7:00 a.m. and 7:00 p.m. The boundaries of voting precincts for the Primary Election shall be as prescribed by the Clerk and Recorder, and the precincts and polling places shall be as set forth by the Clerk and Recorder. 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 "Shall the Board of County Commissioners of Eagle County be granted authority to levy aone-half of one percent sales tax throughout the County for the purposes of financing, constructing, operating, or maintaining a mass transpor- tation system within the County? For Additional Against Additional Sales Tax Levy Sales Tax Levy Note: The approval of such sales or use tax may result in a sales tax rate in excess of the current seven percent limitation. Section 3. Certification of Question to Clerk and Recorder for Primary Election; Conduction of Election. The registered qualified electors of the County shall vote at the Primary Election, to be conducted by the County Clerk and Recorder, in the manner as prescribed by the Clerk and Recorder in accordance with the Colorado Election Code of 1980, as amended, and insofar as the same may be applicable, the Federal Voting Rights Amend- ments of 1975. -2- Section 4. Continuing Authority to Levv. If a majority of all the votes cast on the question herein prescribed to be submitted at the Election shall be in favor of an additional sales tax levy for the purposes stated in said question, it shall then be lawful for the Board of County Commissioners to authorize the proper officers of the County to proceed to make an increased sales tax levy effective September 1, 1990, in accordance with the proposal so approved at the election. The authority to increase any or all of the sales tax levy authorized in the question, if conferred at the election by the registered qualified electors authorized to vote thereon, shall be deemed and considerea a continuing authority to increase the sales tax levy by one-half of one percent, 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 by the electors voting in favor of said question. Section 5. Standards for Service. The County shall hereafter establish standards for the mass transportation system to be provided in the County and to be financed by the sales tax described herein. These standards shall include, but not necessarily be limited to, criteria and identification of intergovernmental agreements, and the issuance of request for proposals for the service. Section 6. Confirmation of Prior Action. All actions, not inconsistent with the provisions of this Resolution, heretofore taken by the officers of the County, whether elected or appointed, directed toward holding the Election are hereby ratified, approved and confirmed. Section 7. Effective Date; Repeal of Inconsistent Resolutions. This Resolution shall take effect immediately upon its adoption. All resolutions or parts thereof in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any resolution, or part thereof, heretofore repealed. Section 8. Partial Invalidity. 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 section, paragraph, clauses or provisionss of this Resolution. MOVED, READ and ADOPTED this /e1 ~ day of June, 1990, nunc pro tune June 4, 1990. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: irk to the Board of nal .Welch, Chairman County Commissioners v ~ ~Y Commissioner l~? ~(,~a'Tt?-~~ o ~ moved that the foregoing Resolution heretofore introduced be adopted. Commissioner ~o ~q-T-e-S seconded the motion. The question being upon the adoption of the Resolution, the roll was called with the following results: Commissioner Donald H. Welch ~}-C, ~ Commissioner George A. Gates ,-~ Commissioner Richard L. Gustafson .~-,~ ~ This Resolution passed by ~( NJ#Il~ ~ i1~LDU.S vote of the Board of County Commissioners of the County of Eagle, State of Colorado. The Chairman thereupon declared that a majority of the Commissioners present having voted in favor thereof, the motion was carried and the Resolution duly adopted. After consideration of other business to come before the Board of County Commis- sioners_ the mePtinn was adinurnPrl -4- r ~ STATE OF COLORADO ) ss COUNTY OF EAGLE ) I, Johnnette Phillips, County Clerk and Recorder of Eagle County, Colorado, do hereby certify that the attached copy of Resolution No. 90-(n5 is a true and correct copy; that said Resolution was introduced and adopted by the Board of County Commissioners of Eagle County, Colorado, at a regular meeting thereof held at the County Courthouse, 551 Broadway, Eagle, Colorado,m the regular meeting place thereof, on Monday, the 18th of June, 1990; that a true copy of said Resolution has been authenticated by the signatures of the Chairman of said Board of County Commissioners and myself as County Clerk and Recorder thereof, sealed with the seal of said County, and numbered and recorded in the official records of the County kept in my office. I further certify that the foregoing pages =~_ through ~_, inclusive, constitute a true and correct copy of the record of the proceedings of said Board of County Commissioners at its regular meeting of June 18, 1990, insofar as said proceedings related to said Resolution; 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. IN WITNESS V~EREOF, I have h unto set my hand Colorado, this lr~ -- day of , 1990. and the seal of Eagle County, County Clerk and ecorder County of Eagle, Colorado