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HomeMy WebLinkAboutR03-106 Election on November 4, 2003 Authorizing a Mill Levy Increase for Basalt Regional Library District 4 • Commissioner ' ~ moved adoption of the following Resolution: BOARD OF COUNTY COMNIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- ~C'k A RESOLUTION CALLING AN ELECTION ON NOVEMBER 4, 2003 TO AUTHORIZE A MILL LEVY INCREASE FOR BASALT REGIONAL LIBRARY DISTRICT OPERATIONS AND MAINTENANCE FOR A PROPOSED NEW LIBRARY FACILITY AND A PROPOSED EXPANSION TO THE EXISTING LIBRARY BUILDING; SETTING THE BALLOT TITLES AND BALLOT QUESTIONS FOR THE ELECTION; PROVIDING FOR OTHER MATTERS RELATING THERETO; RATIFYING ACTION PREVIOUSLY TAKEN THERETO; AND PROVIDING THE EFFECTIVE DATE OF THIS RESOLUTION WHEREAS, Eagle County, Colorado (the "Count}~~ is a duly organized and validly existing county and political subdivision of the State of Colorado (the "State"); and WHEREAS, pursuant to the provisions of Part 1 of Article 90 of Title 24 of the Colorado Revised Statutes, as amended (the "Act"), the County and Pitkin County, Colorado ("Pitkin Count') established the Basalt Regional Library District (the "District"), a library district located partially within the County and partially within Pitkin County, duly organized and existing and established for the purpose of providing library services; and WHEREAS, the District's Board of Trustees ("Board of Trustees"), pursuant to the Colorado Revised Statutes § 24-90-112 and a resolution adopted by the Board of Trustees on July 28, 2003 (the "District Resolution"), requested the County's Board of County Commissioners (the `Board of County Commissioners"), the County being one of two counties in which the District is located, to submit to the eligible electors of the District at the general election to be held on November 4, 2003 the question of increasing the District's maximum tax levy for the payment of operation and maintenance expenses of the District associated with the proposed new library facility; WHEREAS, the Board of County Commissioners has determined to set the ballot titles and ballot questions for the questions to be submitted at the election called by this Resolution. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO: 02-153420.1 • i ~. 1. The District Resolution attached as Appendix I hereto is hereby incorporated into this Resolution as if set forth in full herein. 2. An election shall be held on Tuesday, November 4, 2003 at which there shall be submitted to the eligible electors of the District a question authorizing an increase in the mill levy rate levied by the D istrict to pay operations and maintenance expenses of the District in connection with a proposed new library facility and a proposed expansion to the existing library building, which question shall be in.the form attached as Appendix A to the District Resolution. 3. The election shall be conducted in accordance with articles 1 to 13 of title 1, Colorado 1 Revised Statutes (the "Uniform Election Code"). 4. The Eagle County Clerk and Recorder is hereby designated the designated election official of the District (the "Designated Election Official") for the purposes of the Uniform Election Code and all acts required or permitted by the Uniform Election Code to be performed by the designated election official shall be performed by the Designated Election Official. 5. The County hereby agrees to take the actions requested by the District pursuant to the District Resolution and adopts the provisions of the District Resolution, to the extent applicable to the County, as if fully set forth herein. 6. 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. 7. All actions not inconsistent with the provisions of this Resolution heretofore taken by the members of the Board of County Commissioners and the officers and employees of the County, directed toward holding the election for the purposes stated herein are hereby ratified, approved and confirmed. 8. All prior acts, orders or resolutions, or parts thereof, by the County in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. 9. If any 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 any of the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. 10. This Resolution shall take effect immediately upon its passage. 02-153420.1 • • MOVED, READ AND ADOPTED by the Board of Co;~Pty Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this~~/3ay of September, 2003. COUNTY OF EAGLE, STATE OF COLORADO s~,cs~ ~, y and Through its Board of County A Clerk of the Bo. Commissioners o~ ® ~ w ~ n ~/ r'h; of County Michael L. Gallagher, Chairman By: By. \ . ni, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone Commissioner Arn M. Menconi This Resolution passed by ~/~ ~' vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 02-153420.1 • • STATE OF COLORADO ) BASALT REGIONAL LIBRARY DISTRICT ) ss. PITKIN AND EAGLE COUNTIES ) I am the Secretary of the Boazd of Trustees of Basalt Regional Library District, Pitkin and Eagle Counties, Colorado (the "District") and I do hereby certify that: 1. Attached is a true and correct copy of a resolution (the "Resolution") adopted by the District's Board of Trustees (the "Boazd") at a special meeting held on July 28, 2003. 2. Notice of such meeting was posted in a public place within the boundaries of the District designated by the Board for the posting of notices of meetings of the Board no less than 24 hours prior to the holding of the meeting. 3. The Resolution was duly moved, seconded and adopted at such meeting by the affirmative vote of a majority of the members of the Board as follows: Board Member Yes No Absent Abstaining Laura Anderson / Polly Pollard Bruce Gabow ~ James Brundige / Peter Frey /" Valerie Welch ,/ Madeleine Simonet ~/ 4. The Resolution was duly approved by the Boazd, signed by the President of the Boazd, sealed with the District's seal, attested by the Secretary of the Board and recorded in the minutes of the Board. 5. All proceedings relating to the adoption of the Resolution were conducted in accordance with all applicable bylaws, rules, regulations and resolutions of the District, in accordance with the normal procedures of the District relating to such matters, and in accordance with applicable constitutional provisions and statutes of the State of Colorado and all other applicable laws. WITNESS my hand and the seal of the District as of July 28, 2003. [SEAL] Secretary 02-151006.3 APPENDIX I • RESOLUTION A RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PITKIN AND EAGLE COUNTIES, COLORADO, TO CALL AN ELECTION ON NOVEMBER 4, 2003 TO AUTHORIZE A MILL LEVY INCREASE FOR BASALT REGIONAL LIBRARY DISTRICT OPERATIONS AND MAINTENANCE EXPENSES ASSOCIATED WITH A NEW LIBRARY FACILITY AND THE EXPANSION AND REMODEL OF THE EXISTING LIBRARY FACILITY; REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO SET THE BALLOT TITLES AND BALLOT QUESTIONS FOR THE ELECTION; PROVIDING FOR OTHER MATTERS RELATING THERETO; RATIFYING ACTION PREVIOUSLY TAKEN THERETO; AND PROVIDING THE EFFECTIVE DATE OF THIS RESOLUTION WHEREAS, the Basalt Regional Library District (Pitkin and Eagle Counties, Colorado) (the "District") is a library district duly organized and existing pursuant to the provisions of Part 1 of Article 90 of Title 24 of the Colorado Revised Statutes, as amended (the "Act") and established for the purpose of providing library services within the District; and WHEREAS, the Board of Trustees (the "Board") of the District has determined that a new library facility and an expansion to the existing library building is needed at this time to adequately serve the members of the community and to accommodate expected growth of the community; and WHEREAS, there are not sufficient funds in the treasury of the District and the Board does not anticipate that existing sources of revenue will be sufficient to generate the moneys necessary in order to pay the operation and maintenance expenses associated with such proposed new library facility and proposed expansion of the existing library building; and WHEREAS, the Board has determined that the interest of the District and the public interest or necessity demands an increase in the mill levy rate presently levied against all taxable property within the boundaries of the District in order to pay the operation and maintenance expenses of the District relating to such proposed new library facility and proposed expansion of the existing library building; WHEREAS, pursuant to the Colorado Revised Statutes § 24-90-112, the Board has determined to request the Board of County Commissioners of each of Pitkin and Eagle Counties, respectively, to submit to the eligible electors of the District at the general election to be held on November 4, 2003 the question of increasing the District's mill levy as described in the ballot question set forth in Appendix A hereto; and WHEREAS, the Board has determined to request the Board of County Commissioners of each of Pitkin and Eagle Counties, respectively, to set the ballot titles and ballot questions for submission to the registered electors of the District at the general election to be held on November 4, 2003. 02- 153409.1 • THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE BASALT REGIONAL LIBRARY DISTRICT, IN PITKIN AND EAGLE COUNTIES AND THE STATE OF COLORADO: 1. The Board hereby requests the Board of County Commissioners of each of Pitkin and Eagle Counties to submit to the eligible electors of the District at the general election in the State of Colorado on November 4, 2003 a question authorizing an increase in the District's mill levy for operations and maintenance expenses of the District in connection with the proposed new library facility and proposed expansion to the existing -ibrary building, which question shall be in the form attached hereto as Appendix A. Appendix A is hereby incorporated into this Resolution as if set forth in full herein. 2. If a majority of the votes cast on the question attached hereto as Appendix A submitted at the election shall be in favor of such question, each of the Counties (acting for the District) shall be authorized to proceed with the necessary action to levy District taxes in accordance with the question. Any authority to levy ad valorem property taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to levy the District taxes so authorized at any one time, or from time to time, as requested by the District and in accordance with the question; 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. 3. For purposes of Colorado Revised Statutes § 24-90-112, this Resolution shall serve to request the Board of County Commissioners of each of the Counties, respectively, to submit the question of creating indebtedness at the general election to be held on November 4, 2003. 4. To assist each of the Counties in complying with Colorado Revised Statutes § 1- 11-203.5, this Resolution shall request that the Boazd of County Commissioners of each of the Counties, respectively, set the ballot titles and the ballot questions for the questions as set forth in Appendix A hereto. The ballot title for the question attached hereto as Appendix A is requested as the text of such question. 5. The officers and employees of the District aze hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 6. All actions not inconsistent with the provisions of this Resolution heretofore taken by the members of the Board and the officers and employees of the District and directed towazd holding the election for the purposes stated herein aze hereby ratified, approved and confirmed. 7. All prior acts, orders or resolutions, or parts thereof, by the District in conflict with this Resolution aze hereby repealed, except that this repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. 8. If any section, pazagraph, 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 any of the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention, that the various parts hereof are severable. 02-15309.1 2 • 9. This Resolution shall take effect immediately upon its passage. ADOPTED AND APPROVED this 28`" day of July, 2003. BASALT REGIONAL LIBRARY DISTRICT PITKIN AND EAGLE COUNTIES, COLORADO ~~~~~ By / s / Laura Anderson President 02-153409.1 3 APPENDIX A FORM OF MILL LEVY INCREASE BALLOT QUESTION Operating Levy Question SHALL BASALT REGIONAL LIBRARY DISTRICT TAXES BE INCREASED UP TO $875,000 ANNUALLY (FOR COLLECTION IN CALENDAR YEAR 2004) AND BY SUCH ADDITIONAL AMOUNTS RAISED ANNUALLY THEREAFTER BY AN AD VALOREM PROPERTY TAX MILL LEVY IMPOSED FOR DISTRICT OPERATIONS AND MAINTENANCE AT RATE OF 3.260 MILLS (MAKING THE DISTRICT'S TOTAL MILL LEVY FOR OPERATIONS AND MAINTENANCE 4.180 MILLS) TO PAY THE COSTS OF DISTRICT OPERATIONS AND MAINTENANCE FOR A NEW LIBRARY; AND SHALL THE REVENUE FROM SUCH TAXES CONSTITUTE PERMANENT VOTER-APPROVED REVENUE CHANGES WITHIN THE MEANING OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND AN EXCEPTION TO THE LIMITATIONS SET FORTH IN SECTION 29-1-301 OF THE COLORADO REVISED STATUTES? 02-153409. l ~ ~ STATE OF COLORADO ) ss. COUNTY OF EAGLE ) I am the Clerk to the Boazd of County Commissioners of Eagle County, Colorado (the "County") and I do hereby certify that: 1. Attached is a true and correct copy of a resolution (the "Resolution' ri,adopted by the County's Board of County Commissioners a `Board") at a regular public eeting of the Board held at in Colorado, on 2003, at the hour of /:fCQa.m.] [p.m.]. _~ 2. The Resolution was duly moved, seconded and adopted at such meeting by the affirmative vote of a majority of the members of the Board as follows: Board Member Yes No Absent Abstaining Tom Stone Michael Gallagher Arn Menconi 3. The Resolution was duly approved by the Boazd, signed by the Chairman of the Board, sealed with the County's seal, attested by the Secretary to the Board and recorded in the minutes of the Board. 4. All proceedings relating to the adoption of the Resolution were conducted in accordance with all applicable rules, regulations and resolutions of the County, in accordance w ith t he n ormal p rocedures o f t he C ounty r elating t o s uch matters, a nd i n accordance with applicable constitutional provisions and statutes of the State of Colorado and all other applicable laws. WITNESS my hand and the seal of the County as of ' ~ `~ 2003. ~'®~ `` -s~ ~o~ a ~ Teak J. Simonto4~ Clerk to the Boazd of County Commissioners [SEAL]