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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