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HomeMy WebLinkAboutR90-096 ballot question for increasing leavy of ad valorem taxesn`3 Commissioner (i;} 7 s moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 90- ! (o A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED QUALIFIED ELECTORS OF EAGLE COUNTY, COLORA- DO, OF A QUESTION OF INCREASING THE LEVY OF AD VALOREM TAXES IN AN AMOUNT EXCEEDING THE LIMITATION IMPOSED BY C.R.S. § 29 -1 -3015 FOR THE PURPOSES OF ESTABLISHING, OPERATING, AND /OR MAINTAINING A SYSTEM OF TELEVISION RELAY AND TRANSLATOR FACILITIES, SAID QUESTION TO BE SUBMITTED AT THE GENERAL ELECTION TO BE HELD NOVEMBER 6, 1990; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION; PROVIDING FOR PUBLICATION OF NOTICE CONCERNING THE ELECTION; CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER; AND OTHERWISE PROVIDING FOR THE CONDUCT THEREOF. WHEREAS, there appears to be a demand throughout portions of Eagle County for an increase in the availability of the transmission of television signals without the need for subscribing to cable or obtaining a satellite dish; and WHEREAS, the Board of County Commissioners of Eagle County, Colorado (the "County ") desires to allow the voters of Eagle County to decide whether there should be an additional tax levy to allow the County to establish, operate and maintain a county television relay and translator system for the benefit of Eagle County residents and visitors (hereinafter referred to as the "Project "); and WHEREAS, the amount of ad valorem taxes the County is currently authorized to levy in 1991, as limited by C.R.S. § 29 -1 -301 (the "Act'), will be insufficient to finance the additional costs required to establish and operate the Project without unsatisfactory curtailment of other necessary county services; and WHEREAS, the County is authorized to increase its levy of ad valorem taxes in an amount exceeding the limitation imposed by the Act, provided that the question of increasing said levy is first submitted to and approved by a majority of the registered qualified electors of Eagle County voting on such a question; and -1- n 3 WHEREAS, the additional revenue attributable to the increased tax levy, if approved by the electors of Eagle County, would be levied only in the amounts deemed necessary by the County for the Project, with subsequent years' levies based on the actual revenues which are so required; and WHEREAS, the ad valorem tax to be levied in excess of the limitation for the television translator and relay facilities can not and will not be in an amount greater than the amount of revenues required to be raised for such purposes during any year as specified by the provisions of any contract entered into by the County or any schedule of payments established for the payment of any obligation incurred by the County in regard thereto. To the extent that contractual obligations or capital expenditures have been approved, but actual revenues required for such purposes are not known at the time the levy is set, the County is statutorily able to base its levy on the estimated revenues which are so required for one year only and in subsequent years the levy shall be based on the actual revenues which are so required; and WHEREAS, the proposal for a property tax increase may be submitted at the General Election to be held on November 6, 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 Board of County Commissioners has determined that there should be submitted to said electors a question of increasing the levy of ad valorem taxes in an amount exceeding the limitation imposed by the Act for the purpose of defraying, in whole or in part, the cost of establishing and operating the Project. 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 Primary Election. The following question shall be presented at the General Election to be held on Tuesday, November 6, 1990, between the hours of 7:00 a.m. and 7:00 p.m. The boundaries of voting precincts, the precincts and the polling places for this election shall be the same as the boundaries, precincts and polling places of voting precincts for the General Election, published separately, but incorporated herein by reference. Section 2. Form of Ballot Question. At the General Election there shall be submitted to a vote of the registered qualified electors of Eagle County the following question: IR Question 3 "Shall the Board of County Commissioners of Eagle County be granted authority to levy ad valorem taxes on all taxable property in said County in an amount exceeding the limitation imposed by C.R.S. § 29 -1 -301 (or successor provisions), such additional tax levy to be made in the year 1990 for collection in 1991 in an amount not exceeding $439,000 and the revenue derived therefrom to be included in determining such limitation in subsequent years, such additional revenues to be used to determine the feasibility of and if feasible, establishing, operating, administering and maintaining television relay and translator facilities for the benefit of the County?" For Additional Property Tax Levy Against Additional Property Tax Levy Note: Due to limitations of topography, economics, technology and licensing requirements, areas within the county will not receive television signals from this system. This additional levy would result in an estimated increase of taxes of $11.25 per $100,000 of market value on residential property and $21.75 per $100,000 of market value on commercial, industrial, or vacant property and personal property. The estimates are based on an estimated total assessed valuation of $584,413,688. Section 3. Use of Revenues The revenues generated from the ad valorem tax, if authorized and levied shall be used as follows: 1.) Initially, a study shall be conducted to determine the feasibility of the service plan. 2.) Upon determination that a plan is feasible, required facility sites, licenses and radio frequencies and a source for the required signals shall be established and acquired. 3.) Upon completion of the tasks in subparagraph 2 hereinabove and the accumulation of sufficient funds for capital expenditures, construction of the facilities may begin. 4.) Annual operation and maintenance shall be established upon completion of construction. -3- Section 4. Publication: Cost of Election. The Clerk and Recorder shall publish the text of this Resolution proposing the assessment of an ad valorem tax in excess of the statutory limitation three (3) separate times, a week apart, in the official newspaper of Eagle County. The cost of the election shall be paid by the general fund of the County. Section 5. Canvassing of Votes. The votes cast at the General Election shall be canvassed, the returns thereof made, and the results thereof declared in the manner provided for elections of County officers by the Colorado election law. Section 6. Continuing Authority to Levy. If a majority of all the votes cast on the question herein prescribed to be submitted at the General Election shall be in favor of an additional 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 levy in the year 1990 for the collection in 1991 in an amount not exceeding $439,000, in accordance with the proposal so approved at the election. The authority to increase any or all of the levy authorized in the question, if conferred at the election by the registered qualified electors authorized to vote thereon, shall be deemed and considered a continuing authority to increase the levy so authorized at one time, or from time to time, 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 7. Confirmation of Prior Actions. 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 General Election are hereby ratified, approved and confirmed. Section 8. Effective Date of Tax; 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 9. 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 sections, paragraphs, clauses or provisions of this Resolution. M 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the Countv Count of Eagle, State of Colorado, at its regular meeting held the %day of 1990. By�n� B Oerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Georg A. Gates, Commissioner Commissioner t °s [ITi�1 �� id seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates �jjz Commissioner Donald H. Welch aq/ Commissioner Richard L. Gustafson q This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. '