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HomeMy WebLinkAboutR04-097 Mill Levy Increase Basalt Regional Library 11111 11/ Commissioner !j;`,i ? / moved adoption of the following: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE / OF D COLORADO Resolution No. 2004 - �.�"G RESOLUTION CALLING AN ELECTION FOR NOVEMBER 2, 2004 TO AUTHORIZE A MILL LEVY INCREASE FOR BASALT REGIONAL LIBRARY DISTRICT OPERATIONS AND MAINTENANCE; SETTING THE BALLOT TITLE AND BALLOT QUESTION 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 "County ") 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 County ") established the Basalt Regional Library District (the "District "), a library district located partially within Pitkin County and partially within Eagle 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 Statues § 24 -90 -112 and a resolution adopted by the Board of Trustees on July 19, 2004 (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 2, 2004 the question of increasing the District's maximum tax levy for the payment of operation and maintenance expenses of the District; WHEREAS, the Board of County Commissioners has determined to set the ballot title and ballot question for the question to be submitted at the election called by this Resolution. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO: 1. The District Resolution attached as Ai- 2endix B hereto is hereby incorporated into this Resolution as if set forth in full he 2. An election shall be held on Tuesday, November 2, 2004 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 District to pay operations and maintenance expenses of the District, which question shall be in the form attached as Appendix A to the District Resolution. II II III I I II III III III 889834 Page: 1 of 8 09/02/2004 04:0Y Teak J Simonton Eagle, CO 370 R 0.00 C 0.00 • • 3. The election shall be conducted in accordance with Articles 1 to 13 of Title 1, Colorado Revised Statues (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 effect 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. 11. The Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. 2 • • MOVED, READ AND ADOPTED, by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting, held this S/ day of August, 2004. COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS ATTEST: o°4; % di '% Teak J. Simont,n, Clerk to the `' °c Tom . Sto lk Board of County Commissioners Chairman l► By: 0 J4i Michael L. Gallagher, . sioner By waxgii.■ . Menconi, Commissioner Commissioner ith/frie0 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael Michael L. Gallagher Commissioner Arn M. Menconi / This Resolution passed by / vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 • APPENDIX A FORM OF MILL LEVY INCREASE BALLOT QUESTION Operating Levy Question SHALL BASALT REGIONAL LIBRARY DISTRICT TAXES BE INCREASED UP TO $394,000 ANNUALLY (FOR COLLECTION IN CALENDAR YEAR 2005) AND BY SUCH ADDITIONAL AMOUNTS RAISED ANNUALLY THEREAFTER BY AN AD VALOREM PROPERTY TAX MILL LEVY IMPOSED FOR DISTRICT OPERATIONS AND MAINTENANCE AT A RATE OF 1.14 MILLS (MAKING THE DISTRICT'S TOTAL MILL LEVY FOR OPERATIONS AND MAINTENANCE 2.06 MILLS) TO PAY THE COSTS OF DISTRICT OPERATIONS AND MAINTENANCE; 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? 4 • STATE OF COLORADO ) BASALT REGIONAL LIBRARY DISTRICT ) ss. PITKIN AND EAGLE COUNTIES ) I am the Secretary of the Board 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 "Board ") at a duly noticed special meeting held on July 19, 2004. 2. Notice of such meeting and the agenda 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 Valerie Welch, President ✓ James Brundige Peter Frey ✓ _ Bruce Gabow Polly Pollard Madeleine Simonet ✓ Morgan Walsh 4. The Resolution was duly approved by the Board, signed by the President of the Board, 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 19, 2004. � O 72")"4--- Est. Secretary 1976 EXHIBIT HIBIT APPLY it • 1 A RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PITKIN AND EAGLE COUNTIES, COLORADO, TO CALL AN ELECTION ON NOVEMBER 2, 2004 TO AUTHORIZE A MILL LEVY INCREASE FOR BASALT REGIONAL LIBRARY DISTRICT; REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO SET THE BALLOT TITLE AND BALLOT QUESTION 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 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 of the District; 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; 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 2, 2004 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 2, 2004. 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 2, 2004 a question authorizing an increase in the District's mill levy for operations and maintenance expenses of the District, 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 ! 1 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. To assist each of the Counties in complying with Colorado Revised Statutes § 1- 11- 203.5, this Resolution shall request that the Board of County Commissioners of each of the Counties, respectively, set the ballot title and the ballot question for the question 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. 4. The officers and employees of the District are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 5. 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 toward holding the election for the purposes stated herein are hereby ratified, approved and confirmed. 6. All prior acts, orders or resolutions, or parts thereof, by the District 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. 7. 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. 8. This Resolution shall take effect immediately upon its passage. ADOPTED AND APPROVED this 19th day of July, 2004. 4' :";;1111 O� BASALT REGIONAL LIBRARY DISTRICT a t u PITKIN AND EAGLE COUNTIES, COLORADO Est. 1976 By ./ ..1.f..e President ATTEST: By 1 (211 - 4 ' -- .97 Secretary 2 '' • APPENDIX A FORM OF MILL LEVY INCREASE BALLOT QUESTION Operating Levy Question _ SHALL BASALT REGIONAL LIBRARY DISTRICT TAXES BE INCREASED UP TO $394,000 ANNUALLY (FOR COLLECTION IN CALENDAR YEAR 2005) AND BY SUCH ADDITIONAL AMOUNTS RAISED ANNUALLY THEREAFTER BY AN AD VALOREM PROPERTY TAX MILL LEVY IMPOSED FOR DISTRICT OPERATIONS AND MAINTENANCE AT A RATE OF 1.14 MILLS (MAKING THE DISTRICT'S TOTAL MILL LEVY FOR OPERATIONS AND MAINTENANCE 2.06 MILLS) TO PAY THE COSTS OF DISTRICT OPERATIONS AND MAINTENANCE; 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? • , OFFICE OF THE , COUNTY ATTORNEY (970) 328-8685 FAX: (970) 328 -8699 www.eaglecounty.us EAGLE COUNTY September 13, 2004 Robb Heckel Basalt Regional Library District 99 Midland Avenue Basalt, CO 81621 -8305 To Robb: Enclosed for your records is an original Resolution Calling an Election for November 2, 2004 To Authorize a Mill Levy Increase for Basalt Regional Library District Operations and Maintenance. Please do not hesitate to contact me if you have any questions. Very truly yours, Debbie Faber Assistant District Attorney DF:pn Enclosures Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Coloradc '• • 63 I -0850