HomeMy WebLinkAboutR16-072 Ballot Question - Open Space Tax Commissioner C.A4'0./.41)Uc—.11--' J4-z-' 4L— moved
adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2016 - 61 V
A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED AND
QUALIFIED ELECTORS OF EAGLE COUNTY, COLORADO, A QUESTION OF
WHETHER THE COUNTY SHALL BE AUTHORIZED TO ISSUE BONDS OR OTHER
FINANCIAL OBLIGATIONS FOR THE PURPOSE OF FINANCING THE
COMPLETION OF CRITICAL SECTIONS OF THE EAGLE COUNTY TRAIL
SYSTEM; AND IN CONNECTION THEREWITH TO AUTHORIZE USING A
PORTION OF THE EXISTING OPEN SPACE TAX REVENUE FOR REPAYMENT OF
THE SAME; AND IN FURTHER CONNECTION THEREWITH TO EXTEND THE
EXPIRATION DATE OF THE OPEN SPACE TAX FOR AN ADDITIONAL PERIOD OF
FIFTEEN (15) YEARS; SAID QUESTION TO BE SUBMITTED AT THE ELECTION
TO BE HELD NOVEMBER 8, 2016; PRESCRIBING THE FORM OF BALLOT
QUESTION FOR SUBMISSION AT SAID ELECTION, AND PROVIDING FOR
CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND
RECORDER.
WHEREAS, pursuant to Section 30-11-107(1)(d) C.R.S., the Eagle County Board of
County Commissioners (the"Board") is authorized to apportion and order the levying of taxes as
provided by law; and
WHEREAS, pursuant to this and other authority, the Board submitted and had approved
by the electors of Eagle County on November 7, 1995, a question to increase sales tax by one-
half of one percent for the purpose of operating a mass transportation system, with ten percent of
all such revenue collected being dedicated to bike path purposes (the"Transit Sales Tax"); and
WHEREAS, the current, annual revenue generated by the Transit Sales Tax dedicated
for bike path purposes is approximately $741,000. Engineered estimates for completion of the
core bike path trail connecting Vail Pass to the Glenwood Canyon (the "Eagle Valley Trail"), is
approximately$29 million. Accordingly, completing the trail with the current projected revenue
streams would take approximately 43 additional years with an estimated completion date of
2058; and
WHEREAS,the Board is desirous of expediting the completion of the Eagle Valley Trail
and other trails in the Eagle River Valley and Roaring Fork Valley by using alternative and
currently existing revenue sources in conjunction with other available funding sources including
grants; and
WHEREAS, the Board submitted and had approved by the electors of Eagle County on
November 5, 2002, a question to increase property taxes by one and one-half mills for the
purpose of acquiring, maintaining, or permanently preserving open space in Eagle County,
including the ability to service future voter-approved debt for such purposes (the "Open Space
Mill Levy"); and
WHEREAS,without raising either rates for the Transit Sales Tax or Open Space Mill
Levy, the Board is desirous of pledging a portion, not to exceed twenty-five percent (25%), of
the annual revenue generated from the Open Space Mill Levy towards the payment of debt and
to otherwise assist in the completion of the Eagle Valley Trail and other trails; and
WHEREAS, the Board is desirous of extending the sunset provision of the Open Space
Mill Levy for an additional 15 years from the current expiration of 2025 to 2040 to provide a
necessary funding source for repayment of said debt; and
WHEREAS, recent polling shows that seventy-nine percent (79%) of voters polled
believe that a top priority for potential ballot measure spending is protecting the Eagle, Colorado
and Roaring Fork rivers and water quality. Sixty-seven (67%) stated they were more likely to
support a ballot measure dedicating twenty-five (25%) of funding from a, potential ballot
measure to building and maintaining trails. Sixty-one percent (61%) of voters polled indicated
they would support a ballot measure extending the existing open space mill levy for trail and
open space purposes; and
WHEREAS, Article X, Section 20 of the Colorado Constitution requires voter approval
for, among other things, the creation of any debt, the extension of any expiring tax, and for
collecting, retaining and expending certain moneys above established limits; and
WHEREAS, the Board has determined that there should be submitted to the qualified
and registered electors of Eagle County, at the general election to be held on November 8, 2016
(the "Election"), the question of whether Eagle County shall be authorized to issue bonds or
other financial obligations of the County for the purpose of financing the completion of the Eagle
Valley Trail and other trails; and in connection therewith to extend the Open Space Mill Levy,
without raising the same, so portions of such revenue can be used to repay the outstanding debt
used to expedite completion of the Eagle Valley Trail and other trails; and
WHEREAS, the proposal may be submitted at the Election that shall be conducted by
the Eagle County Clerk and Recorder in accordance with the "Uniform Election Code of 1992,"
Articles 1 to 13 of Title 1, C.R.S.
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 Election. The following
question is hereby certified to the Eagle County Clerk and Recorder and shall be presented at the
Election. Such notices as are required by Article X, Section 20 of the Colorado Constitution
shall be provided 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:
"SHALL EAGLE COUNTY'S DEBT BE INCREASED BY NO MORE THAN $19.95
MILLION WITH A MAXIMUM REPAYMENT COST OF NO MORE THAN $32.7
MILLION, WITHOUT IMPOSING ANY NEW TAX OR INCREASING ANY EXISTING
TAX RATE; WITH SUCH DEBT TO BE ISSUED FOR THE PURPOSE OF FINANCING
THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO AND
EXPANSION OF THE EAGLE VALLEY TRAIL FROM VAIL PASS TO DOTSERO AND
OTHER RELATED IMPROVEMENTS, AND SHALL DEBT BE EVIDENCED BY BONDS,
NOTES, LOAN AGREEMENTS OR OTHER FINANCIAL OBLIGATIONS THAT MAY
MATURE, BE SUBJECT TO REDEMPTION, AND BE ISSUED AT SUCH TIME OR TIMES
AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT
WITH THIS QUESTION, AS EAGLE COUNTY MAY DETERMINE, AND BE REPAID
FROM REVENUES DERIVED FROM EAGLE COUNTY'S TRANSIT SALES TAX, OPEN
SPACE MILL LEVY, AND OTHER LEGALLY AVAILABLE REVENUES AS EAGLE
COUNTY MAY DETERMINE; AND SHALL EAGLE COUNTY BE AUTHORIZED TO
REFUND THE DEBT IN THIS QUESTION, PROVIDED THAT SUCH REFUNDING DEBT
DOES NOT EXCEED THE MAXIMUM PRINCIPAL LIMITS OR REPAYMENT COSTS
AUTHORIZED BY THIS QUESTION; AND, IN CONNECTION THEREWITH:
(I) SHALL THE EXPIRATION OF THE OPEN SPACE MILL LEVY EQUAL TO 1.5
MILLS APPROVED BY THE VOTERS IN 2002 BE EXTENDED FOR AN
ADDITIONAL FIFTEEN (15)YEARS TO NOW EXPIRE IN 2040, WITH:
• TWENTY PERCENT (20%) OF SAID OPEN SPACE MILL LEVY REVENUES
USED TO PAY SUCH DEBT AUTHORIZED BY THIS QUESTION AND THE
COSTS OF ACQUIRING, CONSTRUC 'i. 4 ROVING, OPERATING AND
MAINTAINING PAVED TRAILS TH 4trN AGLE COUNTY;
• FIVE PERCENT (5%) OF SAID OPE ' ``t��,' �4 I LEVY REVENUES USED
TO PAY FOR ACQUIRING, CONS 1 1, IMPROVING, OPERATING
AND MAINTAINING UNPAVED TRA ' .7 �." i�GHOUT EAGLE COUNTY;
• AND THE REMAINDER OF SAID OPEN S'ACE MILL LEVY REVENUES TO
BE USED FOR WATER QUALITY PROTECTION EFFORTS AND FOR THE
PURPOSES AUTHORIZED BY THE VOTERS IN 2002, INCLUDING
ACQUIRING, MAINTAINING, OR PERMANENTLY PRESERVING OPEN
SPACE IN EAGLE COUNTY TO PRESERVE WILDLIFE HABITAT, PROTECT
WETLANDS AND FLOODPLAINS, CONSERVE SCENIC LANDSCAPES AND
VISTAS, AND PROVIDE PUBLIC ACCESS POINTS TO RIVERS; AND
(II) SHALL THE PROCEEDS OF THE DEBT, THE REVENUES FROM THE OPEN
SPACE MILL LEVY AND ANY OTHER REVENUES USED TO PAY THE DEBT,
AND ANY EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS AND
REVENUES BE AUTHORIZED TO BE COLLECTED AND SPENT BY EAGLE
COUNTY WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR
OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION, OR ANY OTHER LAW AS IT CURRENTLY
EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY
BE COLLECTED AND SPENT BY EAGLE COUNTY?
Yes No"
Section 3. Severability. If any part, 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 the remaining sections, paragraphs,
clauses or provisions of this Resolution, it being the intention that the various parts hereof are
severable.
Section 4. Actions. The officers and employees of Eagle County are authorized and
directed to take all action necessary or appropriate to effectuate the provisions of this Resolution.
If a majority of the votes cast on the question to authorize the issuance of bonds or other
financial obligations, extending the open space tax, and authorizing use of the open space tax as
an additional revenue source toward the repayment of such bonds as provided in such question,
Eagle County shall be authorized to proceed with the necessary action to issue the bonds and
such authority shall be continuing 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. The officers, employees and agents of Eagle County shall be authorized to take all
action necessary or reasonably required to carry out, give effect to and consummate the
transactions contemplated by this Resolution and shall take all action necessary or desirable to
finance the completion of the Eagle Valley Trail.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 30th day of August, 2016.
.004 COUNTY OF EAGLE, STATE OF
:VW% COLORADO, by and Through Its
ATTEST: 4 ?I OARD OF COUNTY COMMISSIONERS
%WS*
`7lIMo€.--41 o By: . t ��
Clerk to the'Board of janne McQueeney
County Commissioners Chair
trti'.
"lian H. Ryan
Co 'ssioner /
at
/Al
y C f dler-Henry
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney 14-In
Commissioner Ryan 4-I4 ``
Commissioner Chandler-Henry 411-14
This Resolution passed by ` 0 vote of the Board of County
Commissioners of the County of Eagle, State of Colorado