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Home My WebLink AboutR00-127 Roaring Fork Transportation IGA Ballot questioni Commissioner _J moved adoption of the follov&g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - /c A RESOLUTION APPROVING THE ROARING FORK TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT AND A BALLOT QUESTION RELATED THERETO; AUTHORIZING AND DIRECTING THE EXECUTION, DELIVERY AND PERFORMANCE OF THE TERMS OF SUCH AGREEMENT; AND AUTHORIZING AND DIRECTING THE SUBMISSION OF SUCH BALLOT QUESTION TO THE REGISTERED ELECTORS OF A PORTION OF UNINCORPORATED EAGLE COUNTY AT THE NOVEMBER 7, 2000 ELECTION. WHEREAS, the Board of County Commissioners of Eagle County, Colorado (the "Board ") has determined that it is in the best interests of the residents of Eagle County that the County enter into the Roaring Fork Transportation Authority Intergovernmental Agreement (the "IGA ") and submit to the voters of a portion of the County the ballot question attached hereto as Appendix A (the 'Ballot Question" at the November 7, 2000 election; and WHEREAS, the Board, prior to the adoption of this Resolution, (i) held two public hearings on the subject of the IGA after publishing a notice of the time, place and purpose of each such public hearing in a newspaper of general circulation in the County at least 10 days prior to the date of the public hearing in compliance with C.R.S. § 43-4- 603(3) and (ii) has complied with all other requirements imposed by law for public notice relating to this Resolution and the County's execution, delivery and performance of its obligations under the IGA; and WHEREAS, if a majority of the registered electors voting thereon vote in favor of the Ballot Question, the County shall be an Initial Member (as defined in the IGA) of the Roaring Fork Transportation Authority (the "RTA "), subject to the terms of the IGA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO: 1. The IGA is hereby approved in the form presented to the Board at the meeting at which this Resolution is being adopted, with such changes in such form, not inconsistent herewith, as are approved by the officers of the County who execute the IGA (whose signatures thereon shall conclusively establish their approval of any such changes). 2. The appropriate officers of the County are hereby authorized and directed to execute and deliver the IGA and to perform the obligations of the County under the IGA. 3. The Eagle County Clerk and Recorder is hereby authorized and directed to submit the Ballot Question to the registered electors of the unincorporated portion of the County in the Roaring Fork Valley at the November 7, 2000 election. 3. The election shall be conducted as a coordinated election in Eagle County in accordance with articles 1 to 13 of title 1, C.R.S. (the "Uniform Election Code ") The designated contact with the Rural Transportaion Authority, Alice Hubbard, shall cooperate in providing information to the Eagle County Clerk in order that the Clerk, as the designated election official for Eagle County, may: (a) No later than September 13, 2000, establish the ballot content for the Ballot Question; (b) No later than September 26, 2000, prepare the notice required by Article X, Section 20(3)(b) of the Colorado Constitution. The Eagle County Clerk shall: (a) No later than October 6, 2000, mail the notice required by Article X, Section 20(3)(b) of the Colorado Constitution in accordance therewith; and (b) No later than October 27, 2000, cause a notice to be published in accordance with C.R.S. § 1 =5 =205. 4. All acts required or permitted by the Uniform Election Code relevant to voting by early voters' ballots, absentee ballots and emergency absentee ballots, which are to be performed by the designated election official, shall be performed by the Eagle County Clerk as the designated election official. 5. For purposes of C.R.S. § 1- 11- 203.5, this Resolution shall serve to set the ballot title and the ballot question for the Ballot Question and the ballot title for such question shall be the text of the question itself. 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 and the officers and employees of the County and directed toward the subject matter, hereof are hereby ratified, approved and confirmed. 8. All prior acts, 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, 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. C C 10. This Resolution shall take effect im=000. its passage. ADOPTED AND APPROVED thin day COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS M . -I m vpO w " No ' Michael L. g Galla 6 gher Commissioner Johnnette Phillips Commissioner. J Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Gtr Commissioner Michael Gallagher 444_ Commissioner Johnnette Phillips G7 o f This Resolution passed by 3 " c vote of the Board of County Commis- sioners of the County of Eagle, State of Colorado. G;\RAB\RTA form resolution 8 -15 (1).doc Our file No. G- 2000 -004 County Commissioners r r APPENDIX A C"ll UNINCORPORATED EAGLE COUNTY BALLOT QUESTION SHALL THE ROARING FORK TRANSPORTATION AUTHORITY ( "RTA ") BE ESTABLISHED FOR THE PURPOSE OF FUNDING AND PROVIDING THE BUS SERVICES CURRENTLY PROVIDED BY THE ROARING FORK TRANSIT AGENCY PLUS EXPANDED MASS TRANSIT AND OTHER TRANSPORTATION SERVICES IN ACCORDANCE WITH AN INTERGOVERNMENTAL AGREEMENT AMONG EAGLE COUNTY AND, IF THE APPROPRIATE VOTERS APPROVE THE RTA, ASPEN, SNOWMASS VILLAGE, BASALT, GLENWOOD SPRINGS, CARBONDALE AND PITKIN AND GARFIELD COUNTIES; FUNDING FOR THE RTA IS EXPECTED TO BE PROVIDED FROM THE . FOLLOWING SOURCES IF APPROVED BY THE VOTERS (OR, IN THE CASE OF THE EAGLE COUNTY TRANSPORTATION SALES TAX, THE COMMISSIONERS) OF SUCH JURISDICTION OR AREA: AN AMOUNT EQUAL TO THE PROCEEDS OF A TAX RATE OF 0.7215% FROM PITKIN COUNTY TRANSPORTATION SALES TAXES, 0.4% RTA SALES AND USE TAX IN GLENWOOD SPRINGS, CARBONDALE AND THE UNINCORPORATED AREA OF GARFIELD COUNTY WITHIN ELECTION PRECINCTS 1 THROUGH 12, 0.2% RTA SALES AND USE TAX IN BASALT, 0.5% EAGLE COUNTY TRANSPORTATION SALES TAX IN THE PORTION OF EAGLE COUNTY WITHIN BASALT AND THE UNINCORPORATED AREA OF EAGLE COUNTY WITHIN ELECTION PRECINCTS 7, 8, 24 AND 25; AND SHALL ALL AMOUNTS RECEIVED BY THE RTA FROM SUCH TAXES AND CONTRIBUTIONS AND OTHERWISE PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT AND EARNINGS THEREON CONSTITUTE A VOTER- APPROVED REVENUE CHANGE?