HomeMy WebLinkAboutR95-117 submission of ballot question on Eagle Valley Library DistrictCommissioner � moved adoption
of the following eR so uti :
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RESOLUTION NO. 95 - I'
AUTHORIZING THE SUBMISSION OF
BALLOT QUESTIONS ON B EHALF OF EAGLE VALLEY
LIBRARY DISTRICT TO THE VOTERS AT AN ELECTION
ON NOVEMBER 7, 1995
WHEREAS, the County of Eagle (the "County ") in the State of
Colorado, is a county duly organized and existing under the
Constitution (the "Constitution ") and the laws of the State of
Colorado; and
WHEREAS, the members of the Board of County Commissioners (the
"Board ") have been duly elected, chosen and qualified; and
WHEREAS, the County currently imposes a mill levy for the
purpose of funding the establishment, operation and maintenance of
the Eagle Valley Library District (the "District ") (including the
payment of outstanding bonds issued for District purposes) of 2.75
mills; and
WHEREAS, Article X, Section 20 of the Constitution ( "Amendment
1 limits District revenue and spending; and
WHEREAS, Title 29, Article 1, Part 3, C.R.S., limits the
increase in the amount of property tax revenue which the County may
receive over the prior year to 5.5a except as otherwise provided
therein or to the extent a greater increase is approved by the
eligible electors;.and
WHEREAS, the Board of Trustees of the District is of the
opinion that the County, on behalf of the District, should ask
District voters for authorization to keep and spend ad valorem
property revenues collected on behalf of the District pursuant to
its 2.75 mill levy regardless of any limitation contained in
Amendment 1; and
WHEREAS, the Board of Trustees of the District also is of the
opinion that the County, on behalf of the District, should ask
District voters to allow the District to exceed the 5.5 revenue
limitation imposed on the District pursuant to Section 29 -1 -301,
C.R.S.; and
WHEREAS, Amendment 1 requires the County to submit ballot
questions (as defined in Amendment 1) to the District's electors on
limited election days before action can be taken on such ballot
questions; and
WHEREAS, the Board of Trustees of the District has submitted
to the Board a copy of an election resolution, adopted on September
11, 1995, directing this Board to submit to the qualified
registered electors of the District the proposition of exceeding
the revenue and spending limitations of Amendment 1 and the revenue
limitations of Section 29 - 1 - 301, C.R.S.;,and
WHEREAS, this Board has reviewed the resolution, discussed its
provisions and determined that the proposal should be submitted to
the eligible electors of the District as therein provided.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF EAGLE COUNTY, IN THE STATE OF COLORADO:
Section-1. All action heretofore taken (not inconsistent
with the provisions -of this resolution) by the County and the
District directed towards the election is ratified, approved and
confirmed. Unless otherwise defined herein, all terms used herein
shall have the meanings specified in the Uniform Election Code of
1992, Title 1, Articles 1 through 13, C.R.S.
.Section 2. The submission of the following District
revenue and spending limitation question, as set forth in the
District's resolution of September 11, 1995 is hereby approved.
The question in substantially the form hereinafter set forth shall
be submitted to the eligible electors of the District at the
election on November 7, 1995 (the "election ") in the manner
provided in the District's election resolution of September 11,
1995:
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Section 3. The election shall be conducted by the County
Clerk as part of the coordinated election pursuant to Section 1 - 6-
117, C.R.S.
Section 4. This Board accepts and approves, and hereby
directs the officers of the County to carry out and comply with,
all provisions of the District's election resolution of September
11, 1995.
Section 5. The officers and employees of the County are
hereby authorized and directed to take all action necessary or
appropriate to effectuate the provisions of this resolution.
Section 6. All orders, bylaws and resolutions, or parts
thereof, in conflict with this resolution, are hereby repealed.
Section 7. If any section, paragraph, clause or provision
of this resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the
remaining provisions of this resolution.
. MOVED, READ AND ADOP'T'ED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the �a., day of September, 1995.
COUNTY OF EAGLE, STATE OF
e COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLD 1►�
BY n
C er
t Bo ot s E. 3 ,
County Commissioners irman
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George A. Gat o=ssi.oner
IM won 11meln— - -
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7 1 M - Ii He - t • • • •
Commissioner seconded adoption of the
foregoing resolution: The roll wing been called, the vote was as
follows:
Commissioner James E. Johnson, Jr.
Commissioner George A. Gates
Commissioner Johnnette Phillips
This Resolution passed by �3 ` b vote of the Board of
County Commissioners of the County ot Eagle, State of Colorado.
0
STATE OF COLORADO )
ss
COUNTY OF EAGLE )
I, Sara Fisher, the County Clerk of the County of Eagle,
Colorado (the "County "), do hereby certify:
1. The foregoing pages numbered 1 through 3, inclusive, are
a true and correct copy of a resolution (the "Resolution ") passed
and adopted by the Board of County Commissioners (the "Board ") of
the County at a meeting of the Board held on.September 11, 1995.
2. The adoption of the Resolution was duly moved and
seconded and the Resolution was adopted by an affirmative vote of
majority of the members of the Board as follows:
Those Voting Aye:
Those Voting Nay:
Those Absent:
Those Abstaining:
3. The members of the Board were present at such meeting and
voted on the passage of such Resolution as set forth above..
4. The Resolution was approved and authenticated by the
signature of the Chairman of the Board, sealed with the County
seal, attested by the Secretary and recorded in the minutes of the
Board.
5. There are no rules or regulations of the Board which
might prohibit the immediate adoption of said Resolution. Notice
of the meeting of the Board in the form. attached hereto as Exhibit
A was posted at the County Courthouse, in Eagle, Colorado, not less
than 24 hours prior to the meeting in accordance with law.
WITNESS my hand and the seal of said County affixed this
day of September, 1995.
(SEAL)
County C er
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EXHIBIT A
(Form of Notice of Meeting)'
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