HomeMy WebLinkAboutR16-074 Election Basalt Regional Library District Commissioner brila-N Dual—moved adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2016-01
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
EAGLE COUNTY, COLORADO RECOGNIZING THE CALLING OF AN
ELECTION ON NOVEMBER 8, 2016 FOR BASALT REGIONAL
LIBRARY DISTRICT
WHEREAS, pursuant to the provisions of Part 1 of Article 90 of Title 24 of the
Colorado Revised Statutes, Eagle County (the "County"), Pitkin County and the Town of
Basalt established the Basalt Regional Library District (the "District"), a library district located
within the County, for the purpose of providing library services; and
WHEREAS, the District's Board of Trustees ("Board of Trustees"), pursuant to a
resolution adopted by the Board of Trustees on August 22, 2016 (the "District Resolution"), has
called for an election to be held on November 8, 2016 for the purpose of submitting to the
eligible electors of the District a ballot issue authorizing a tax increase for a limited seven-year
period; and
WHEREAS, in accordance with Section 24-90-112(1)(b)(III) of the Colorado Revised
Statutes, the Board of County Commissioners of Eagle County (the "Board of County
Commissioners") desires to cause to be submitted to a vote of the eligible electors residing
within the library's legal service area in the County the ballot issue set forth in the District
Resolution.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF EAGLE COUNTY, COLORADO:
1. Pursuant to the request of the District's Board of Trustees, the Board of County
Commissioners hereby recognizes the District Resolution attached as Annex I and the calling of
an election to be held on Tuesday, November 8, 2016. There shall be submitted to the District's
eligible electors located within the County a ballot issue set forth in the District Resolution.
2. This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED this (! day of "`"r' 1)-0'2016.
a
By lII� EAS a � A[/
agie C.unty Attorneys Office
By:
Eagle County Commissioners'Office
4844-8205-7782A
COUNTY OF EAGLE, STATE OF
tat 4 COLORADO, By and Through Its
«� l l: 2 BOARD OF COUNTY COMMISSIONERS
ATTEST: t *
T ' C 141 : By: dirra
Clerk to _e Board of ne McQueen
County Commissioners r
vi '
Jillia, . Ryan
ione' 10„
Kathy C 1 ler-Henry
Commissioner
Commissioner lam_ CULL ti seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney , ti 4
Commissioner Ryan
Commissioner Chandler-Henry
This resolution passed by /0 vote of the Board of County Commissioners Of the
County of Eagle, State of Colorado
4844-8205-7782.1
STATE OF COLORADO )
BASALT REGIONAL LIBRARY DISTRICT ) ss.
EAGLE AND PITKIN COUNTIES )
As the Secretary of the Board of Trustees of Basalt Regional Library District, Eagle and
Pitkin Counties, Colorado(the"District"), I do hereby certify that:
1. Attached is a true and correct copy of a resolution (the "Resolution") adopted by
the Board of Trustees(the"Board")at a special meeting held on August 22, 2016.
2. Notice of the meeting was posted not less than twenty-four hours prior to the
meeting in accordance with the open meetings provisions of the Colorado Sunshine Act of 1972
(Section 24-6-402, C.R.S.)
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
Carolyn Kane,President
Ann Stephenson,Vice President
Heather Manolakas, Secretary
Karen Hillebrand, Treasurer
Dick Hampleman
Michael Latousek
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. The meeting at which the Resolution was adopted was noticed, and 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 August 22,2016.
Sectary
[SEAL}
•
4835-0675-1030.2 ANNEX I
RESOLUTION
A RESOLUTION CALLING AN ELECTION ON NOVEMBER 8, 2016 TO
AUTHORIZE A TAX INCREASE FOR A LIMITED SEVEN-YEAR PERIOD;
SETTING THE BALLOT TITLE AND CONTENT FOR THE BALLOT ISSUE;
AND PROVIDING OTHER MATTERS RELATING THERETO
WHEREAS, the Basalt Regional Library District (the "District"), in Eagle and Pitkin
Counties and the State of Colorado (the "State"), is a library district duly organized and validly
existing pursuant to the provisions of Part 1 of Article 90 of Title 24 of the Colorado Revised
Statutes ("C.R.S.") and established in 1976 by separate resolutions of the Town of Basalt, Eagle
County and Pitkin County to establish a regional library district to serve the needs of residents
within the District more efficiently; and
WHEREAS, the District is in need of additional funds for the purposes described in the
ballot issue set forth in Section 1 hereof and the District's Board of Trustees (the "Board") has
determined to submit a ballot issue for voter approval for a tax increase for a limited seven-year
period; and
WHEREAS, pursuant to Section 24-90-112, C.R.S. (regarding tax support elections) it is
unclear as to whether the District's Board of Trustees (the "Board") may, on its own authority,
call an election to authorize a tax increase for District and set the ballot title and content for the
ballot issue for the election, and therefore the Board, through the adoption of this Resolution,
hereby requests that the Board of County Commissioners of Eagle County and the Board of
County Commissioners of Pitkin County take such action as may be statutorily necessary to
cause the ballot issue set forth in Section 1 hereof to be submitted to the electors of the District
residing within the library's legal service area; and
WHEREAS, the election shall be conducted as a coordinated election in Eagle and Pitkin
Counties in accordance with articles 1 to 13 of title 1, Colorado Revised Statutes, as amended
(the"Uniform Election Code"); and
WHEREAS, the Clerk and Recorder of Eagle County and of Pitkin County(collectively,
the "County Clerks") arc the coordinated election officials for the election pursuant to the
Uniform Election Code, and are responsible for mailing the notice of election required by Article
X, Section 20(3)(b) of the Colorado Constitution(the"TABOR Notice"); and
WHEREAS, the District will assist the County Clerks in providing necessary information
and notices for the conduct of the election; and
•
WHEREAS, the Board has determined to set the ballot title for the ballot issue to be
submitted at the election called by this Resolution.
THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF BASALT
REGIONAL LIBRARY DISTRICT, IN THE COUNTIES OF EAGLE AND PITKIN AND
STATE OF COLORADO:
4835-0675-(030.2
1. An election shall be held on Tuesday, November 8, 2016 (the "Election Date"),at
which there shall be submitted to the eligible electors of the District a ballot issue authorizing a
tax increase for a limited seven-year period, which ballot issue shall be in substantially the form:
Ballot Issue ( ]
SHALL BASALT REGIONAL LIBRARY DISTRICT TAXES BE INCREASED
$350,000 ANNUALLY FOR A LIMITED SEVEN-YEAR PERIOD (WITH SUCH
VOTER AUTHORIZATION TO EXPIRE AFTER TAX COLLECTION YEAR
2023), THROUGH A TAX LEVY IMPOSED AT A RATE SUFFICIENT TO
PRODUCE THE AMOUNT STATED ABOVE, WHICH TAXES SHALL BE
USED FOR THE PURPOSE OF SUSTAINING AND MAINTAINING DISTRICT
OPERATIONS AND SERVICES, AND BUILDING RESERVES FOR
SCHEDULED CAPITAL MAINTENANCE?
YES NO
2. For purposes of Section 1-11-203.5, C.R.S., this Resolution shall serve to set the
ballot title and content for the ballot issue set forth in the preceding section.
3. Barbara Milnor is hereby reaffirmed as the "Designated Election Official"
responsible for the running of the election for the District. The Designated Election Official is
hereby authorized and directed to proceed with any action necessary or appropriate to effectuate
the provisions of this Resolution and comply with the Uniform Election Code,Article X, Section
20 of the Colorado Constitution("TABOR") and other applicable laws and election rules.
4. Not later than 60 days before the Election Date (Friday, September 9, 2016) the
Designated Election Official shall certify a copy of the ballot issue set forth in Section 1 hereof
to the respective County Clerks in accordance with Section 1-5-203, C.R.S.
5. No later than 42 days before the Election Date (Tuesday, September 27, 2016),
the Designated Election Official shall submit the TABOR Notice to the. County Clerks in the
form, if any, specified by the respective County Clerks. Thereafter, at least 30 days before the
Election Date (Friday, October 7, 2016) the County Clerks are to mail, at the least cost, the
notice required by Article X, Section 20(3)(b) of the Colorado Constitution to the registered
voters of the District.
6. No later than 20 days before the Election Date the Designated Election Official
shall cause a notice of election to be published(if not otherwise published by the County Clerks)
in accordance with the Section 1-5-205,C.R.S.
7. If a majority of the votes east on the ballot issue are in favor of the ballot issue,
the District acting through the Board shall be authorized to proceed with the necessary action to
increase taxes in accordance with the ballot issue.
8. 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.
4835 41675-1030.2 2
9. 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.
10. 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.
11. 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.
12. This Resolution shall take effect immediately upon its passage.
ADOPTED AND APPROVED this 22nd day of August, 2016.
BASALT REGIONAL LIBRARY DISTRICT
1,t
[DISTRICT SEAL] By .-4,..), - : -�°,..`" ', ,__
President'
ATTEST:
By'—-:/. _\\,�. ...,
Secretary
4835-0675-1030.2 3