HomeMy WebLinkAboutR18-071 Mill Levy Related to the Open Space Program Commissioner r -i'moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2018- 01 1
A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED, QUALIFIED
ELECTORS OF EAGLE COUNTY, COLORADO, A QUESTION TO AUTHORIZE, WITHOUT
RAISING TAXES,THE EXTENSION OF THE EXISTING 1.5 MILL LEVY RELATED TO THE
EAGLE COUNTY OPEN SPACE PROGRAM FOR FIFTEEN YEARS FROM ITS CURRENT
EXPIRATION, SAID QUESTION TO BE SUMITTED AT THE ELECTION TO BE HELD
NOVEMBER 6, 2018; 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,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(1.5)mills for the purpose
of acquiring, maintaining, or permanently preserving open space in Eagle County(the"Open Space Mill
Levy"); and
WHEREAS,without raising taxes,the Board desires to extend to the existing Open Space Mill
Levy for an additional fifteen(15)years from the current expiration of 2025 to 2040 to provide on-going
funding for the Open Space Program; and
WHEREAS, extension of the Open Space Mill Levy will allow the Open Space Program to plan
for future open space acquisitions, improvements, short and long-term maintenance, restoration and
stewardship of its open space lands; and
WHEREAS,the ability to plan for the future of the Open Space Program is important as Eagle
County's population is expected to increase,creating increased pressure and demands on its existing open
space properties; and
WHEREAS,recent polling shows that eighty-one percent(81%) of voters polled support an
extension of the Open Space Mill Levy with conserving wildlife habit and scenic beauty of Eagle County,
maintaining a good quality of life and protecting lands along our rivers and streams as key motivating
factors for this support; and
WHEREAS,Article X, Section 20 of the Colorado Constitution requires voter approval for,
among other things,the extension of any expiring tax; 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 6, 2018 (the
"Election"),the question of whether Eagle County shall be authorized to extend the Open Space Mill
Levy,without raising the same; 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.; and
WHEREAS,the additional revenue attributable to the Open Space Mill Levy, including interest
and earnings, if approved by the electors of the County,would be credited to the existing special fund in
the County treasury known as the Open Space Fund.
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.
Section 2. Form of Ballot Question. At the Election there shall be submitted to a vote of the
registered qualified electors of the County a question in a form substantially similar to the following:
QUESTION:
"WITHOUT RAISING TAXES, SHALL THE EXISTING 1.5 MILL LEVY BE EXTENDED
15 YEARS FROM ITS CURRENT EXPIRATION FOR THE PURPOSE OF ACQUIRING,
MAINTAINING, OR PERMANENTLY PRESERVING OPEN SPACE IN EAGLE COUNTY
SUCH AS: PRESERVING WILDLIFE HABITAT, PROTECTING WORKING FARMS AND
RANCHES, CONSERVING SCENIC LANDSCAPES AND VISTAS, PROTECTING
WETLANDS AND FLOODPLAINS,AND PROVIDING PUBLIC ACCESS POINTS TO
RIVERS AND STREAMS?
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, employees and agents of Eagle County are authorized and
directed to take all actions necessary or reasonably required to carry out or effectuate the provisions of
this Resolution. If a majority of the votes cast on the question authorize extending the Open Space Mill
Levy, Eagle County shall be authorized to proceed with all necessary actions 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.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the'1414-day of SC19 T . ,2018.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
of°cite c BOARD OF COUNTY COMMISSIONERS
ATTEST: * /
VAk-C.A L-0 1 01712-tc..4. ' c°toRPSF) By: ' /i
Clerk to the Board of Kathy ' handler-Henry
County Com issioners Chair
4ff 6- //412
J '
.n H. Ryan
ommissioner
en_ (-)4 �,C1LC-c-C
ne McQueeney��
Commissioner
Commissioner V--`-1 .--a seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry 0-+A,
Commissioner Ryan '-
Commissioner
Commissioner McQueeney 4''"
This resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado