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Home My WebLink AboutR19-066 Eagle Valley Library District Nov 5 Election Commissioner etau Dt..LA4 _ t{-'t,1.4 L, moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2019 - NO W A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY. COLORADO RECOGNIZING THE CALLING OF AN ELECTION ON NOVEMBER 5 FOR THE EAGLE VALLEY LIBRARY DISTRICT WHEREAS,the Eagle Valley Library District(the"District") is a duly organized and existing library district under the Colorado Library Law, C.R.S. § 24-90-101, et seq.; and WHEREAS, in 1992 the electors authorized the creation of the District and authorized the Board of County Commissioners (the "Board") of Eagle County, Colorado (the"County")to levy a maximum of 2.75 mills to finance the District's operation and maintenance expenses; and WHEREAS,pursuant to C.R.S. § 24-90-112,the Board of Trustees of the District(the "Trustees") is authorized to request that the Board submit to a vote of the registered electors residing within the District a ballot issue regarding the imposition of ad valorem taxes for the payment of the operation and maintenance expenses of the District; and WHEREAS,the District's Board of Trustees ("Board of Trustees"),pursuant to a resolution adopted by the Board of Trustees on August 14, 2019 (the "District Resolution"), has called for an election to be held on November 5, 2019 to permit the County on the District's behalf to increase the mill levy in future years to offset possible revenue losses resulting from changes to the percentage of actual valuation used to determine assessed valuation, refunds, and abatements; 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. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 1. Pursuant to the request of the District's Board of Trustees,the Board of County Commissioners hereby recognizes the District Resolution attached hereto as Exhibit A and the calling of an election to be held on Tuesday,November 5, 2019. 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. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 3i2-47 day of b(l_f 1 ,20 11 . of ae% COUNTY OF EAGLE, STATE OF g )` .i,f; COLORADO,By and Through Its 0 * * BOARD OF COUNTY COMMISSIONERS ATTEST: * rocoa�►�o / r �.�'.1d_dei Qt1Z1�..4_1 By: Id , ��A..tI6,4 Clerk to the Board of J�. cQueen' County Commissioners II':, y v. 111 Kathy Cha •enry Com • %'� Matt Scherr Commissioner Commissioner ' ►(.,1}-1 ., seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney 444 4 Commissioner Chandler-Henry ..1. u Commissioner Scherr A w ` This resolution passed by /v vote of the Board of County Commissioners of the County of Eagle, State of Colorado Exhibit A (Attach Library Board Resolution) 48864270.v1 3 RESOLUTION WHEREAS, Eagle Valley Library District, Eagle County, Colorado (the "District"), is a duly organized and existing library district under the Constitution and laws of the State of Colorado; and WHEREAS, in 1992 the electors authorized the creation of the District and authorized the Board of County Commissioners(the"BOCC")of Eagle County,Colorado(the"County")to levy a maximum of 2.75 mills to finance the District's operation and maintenance expenses;and WHEREAS, pursuant to C.R.S. § 24-90-112, the Board of Trustees of the District (the "Board")is authorized to request that the BOCC submit to a vote of the registered electors residing within the District a ballot issue regarding the imposition of ad valorem taxes for the payment of the operation and maintenance expenses of the District;and WHEREAS,Article X,Section 20 of the Colorado Constitution("TABOR")requires voter approval for a mill levy above that for the prior year;and WHEREAS,pursuant to the provisions of Article X,Section 3 of the Colorado Constitution (the "Gallagher Amendment") the ratio used for determining the assessed value of residential property has declined from 21%in 1982 to 7.15%today and is projected to decline further;and WHEREAS,the Board now deems that it is necessary and desirable to seek voter approval to permit the District to increase its mill levy in future years to offset possible revenue losses resulting from changes to the percentage of actual valuation used to determine assessed valuation, refunds,and abatements; and WHEREAS,November 5,2019,is one of the election dates at which ballot issues may be submitted to the eligible electors of the District pursuant to TABOR; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF EAGLE VALLEY LIBRARY DISTRICT, IN THE COUNTY OF EAGLE AND STATE OF COLORADO: Section 1. All action heretofore taken by the Board and the officers of the District and the County in connection with the election(not inconsistent with the provisions of this resolution), be,and the same action hereby is,ratified,approved and confirmed. EXHIBIT A Section 2. The Board hereby determines that the interest of the District and the public interest or necessity demand and require that the District be authorized to increase its mill levy to offset possible revenue losses resulting from changes to the percentage of actual valuation used to determine assessed valuation. Section 3. The District hereby requests that the BOCC call an election in and for the District,to be held on Tuesday,November 5, 2019,as part of the County coordinated election,at which election there shall be submitted to the registered electors of the District a question in substantially the following form: SHALL EAGLE COUNTY BE AUTHORIZED TO ADJUST THE EAGLE VALLEY LIBRARY DISTRICT'S OPERATING MILL LEVY RATE OF 2.75 MILLS BEGINNING IN TAX COLLECTION YEAR 2020 AND ANNUALLY THEREAFTER TO ALLOW THE DISTRICT TO RETAIN PROPERTY TAX REVENUES WHICH WOULD OTHERWISE BE LOST AS A RESULT OF ADJUSTMENTS MADE TO THE RESIDENTIAL ASSESSMENT RATIO BY THE COLORADO CONSTITUTIONAL PROVISION KNOWN AS THE GALLAGHER AMENDMENT WITH SUCH REVENUES TO BE USED TO CONTINUE TO PAY FOR THE LIBRARY'S GENERAL OPERATIONS AND CAPITAL EXPENSES RELATED TO LIBRARY SERVICES, SUCH AS: • FULL-SERVICE LIBRARIES IN THE TOWNS OF AVON, EAGLE AND GYPSUM INCLUDING A WIDE VARIETY OF CURRENT AND IN-DEMAND BOOKS,AUDIOS AND DVDS; • STORYTIME FOR INFANTS, TODDLERS AND PRESCHOOLERS, THE READING BUDDIES SUMMER READING PROGRAM,AND OTHER CHILDREN'S PROGRAMS; • TEEN NIGHTS, CREATIVE 'PEEN WRITING CLUB AND OTHER TEEN PROGRAMS; • BOOK CLUBS,LITERACY PROGRAMS,BILINGUAL OR ESL PROGRAMS, COMPUTER CLASSES,AND SUMMER READING FOR ADULTS; • ACCESS TO COMPUTERS,INTERNET, SOFTWARE AND TECHNOLOGY; • RESEARCH DATABASES INCLUDING DIGITAL VERSIONS OF NEWSPAPERS, MAGAZINES,BOOKS AND ENCYCLOPEDIAS; • EAGLE COUNTY LOCAL HISTORY AND DIGITAL ARCHIVE COLLECTION; • CONTINUE TO BE A COMMUNITY GATHERING SPACE, OPEN TO EVERYONE AT NO CHARGE; AND SHALL THE REVENUES FROM SUCH MILL LEVY BE COLLECTED, RETAINED AND SPENT NOTWITHSTANDING ANY REVENUE LIMITS PROVIDED BY LAW? -2- EXHIBIT A Section 4. The election shall be held and conducted in accordance with all applicable provisions of the Uniform Election Code of 1992. Section 5. Linda Tillson, shall be the designated election official for purposes of performing acts required or permitted by law in connection with the election and is authorized by the Board to enter into an intergovernmental agreement with the County Clerk pursuant to C.R.S. § 1-7-116,in connection with the Election. Section 6. The officers and employees of the District are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution, including, without limitation,delivery of a copy of this resolution to the BOCC pursuant to C.R.S. § 24-90- 112. Section 7. All acts, orders or resolutions, or parts thereof, in conflict with this resolution are repealed. Section 8. If any provision of this resolution shall be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this resolution. ADOPTED AND APPROVED this August 14 2019. EAGLE VALLEY LIBRARY DISTRICT 2azz //? President (SEAL) ATTEST. Secretary -3- EXHIBIT A