HomeMy WebLinkAboutR22-072 Approving the Eagle Valley Transportation Authority Intergovernmental Agreement and Cert. of the Election Question DocuSign Envelope ID:OBBC814D-FOE2-44C1-8306-CB51815A4BA7
Commissioner Scherr moved
adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2022 - 072
A RESOLUTION APPROVING THE EAGLE VALLEY TRANSPORTATION
AUTHORITY INTERGOVERNMENTAL AGREEMENT AND PROVIDING FOR THE
SUBMISSION TO A PORTION OF THE REGISTERED, QUALIFIED ELECTORS OF
UNINCORPORATED EAGLE COUNTY, COLORADO, A QUESTION ESTABLISHING
THE EAGLE VALLEY TRANSPORTATION AUTHORITY AND AUTHORIZING THE
LEVY OF A.5% SALES TAX IN ORDER TO EXPAND AND ENHANCE
TRANSPORTATION ACROSS THE EAGLE VALLEY, SAID QUESTION TO BE
SUBMITTED AT THE ELECTION TO BE HELD NOVEMBER 8, 2022; 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 Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended
(the "Act"), Colorado counties and municipalities are authorized to establish,by contract,
regional transportation authorities ("RTAs")to finance, construct, operate and maintain regional
transportation systems; and
WHEREAS,pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as
amended, and Article XIV, Section 18 of the Colorado Constitution, governments may contract
with one another to provide any function, service or facility lawfully authorized to each of the
contracting units and any such contract may provide for the joint exercise of the function, service
or facility, including the establishment of a separate legal entity to do so; and
WHEREAS, enhancing regional transportation services for Eagle County residents,businesses
and visitors is a crucial step in meeting our community's workforce, economic and climate goals;
and
WHEREAS, extensive input from local officials, businesses, employees, nonprofits and
community members have made clear that the creation of an RTA is a desirable way to plan,
finance, implement and operate a regional public transportation system that better meets the
needs of Eagle County; and
WHEREAS,the Board of County Commissioner for Eagle County, Colorado (the "Board"),
recognizes the necessity for the continuance of coordinated and cooperative planning with
community partners, such as the Edwards Metro District, and will continue to seek public input
with respect to such development of enhanced transportation services; and
WHEREAS,the Board has completed at least two public hearings pursuant to section 603(3) of
the Act, and, approves entry into an Intergovernmental Agreement by and among Beaver Creek
Metropolitan District, the Town of Avon, Eagle County, the Town of Eagle, the Town of
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Gypsum, the Town of Minturn, the Town of Red Cliff, and the Town of Vail, establishing the
Eagle Valley Transportation Authority("EVTA") as a Colorado RTA(the "Intergovernmental
Agreement") in substantially the form attached hereto; and
WHEREAS,the RTA Formation Committee, of which Eagle County is a member, provided
copies of the Intergovernmental Agreement to neighboring jurisdictions for review and comment
pursuant to section 603(1) of the Act, and received responses indicating no further action was
required pursuant to section 603(1.5) of the Act; and
WHEREAS,the RTA Formation Committee, provided a copy of the Intergovernmental
Agreement to the Colorado Department of Transportation for review and comment pursuant to
section 603(1) of the Act, and received a response from the Colorado Department requiring no
further action pursuant to section 603(1.5) of the Act; and
WHEREAS,the RTA Formation Committee subsequently made certain revisions to the
Intergovernmental Agreement to reflect critical input received at public hearings and through
additional stakeholder engagements; and
WHEREAS,the Board has reviewed such revisions to the proposed Intergovernmental
Agreement; and
WHEREAS,the Board supports such revisions and the collaborative approach memorialized in
the Intergovernmental Agreement and concurs that the proposed EVTA is poised to improve
transit service, increase ridership and efficiency across the valley's existing transit agencies,
provide affordable or free transit to Eagle County's visitors and employee base, strengthen the
connection between the valley's different communities and advance the Board's climate goals by
reducing car trips and increasing the use of electric public transportation; and
WHEREAS, section 603(4) of the Act provides that no contract establishing an RTA shall take
effect unless first submitted to a vote of the registered electors residing within the boundaries of
the proposed authority; and
WHEREAS,the Board has agreed to seek voter approval of the establishment of the EVTA; the
baseline funding of the EVTA in accordance with Article 7 and the exemption of certain
Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado
Constitution ("TABOR").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT,the Board hereby approves the Intergovernmental Agreement for signature in the form
attached as Exhibit A to this resolution.
THAT,the following question is hereby certified to the Eagle County Clerk and Recorder and
shall be presented at the election to be held on Tuesday,November 8, 2022. Notices required by
Section 30-11-107.5(3)(e), C.R.S. and Article X, Section 20 of the Colorado Constitution shall
be provided by the Clerk and Recorder.
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THAT, the election 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.
THAT, there shall be submitted to a vote of the registered qualified electors of the portions of
unincorporated Eagle County, excluding those electors in the boundaries of the Roaring Fork
Transportation Authority and the Beaver Creek Metropolitan District, the following title and
question:
"Eagle County Ballot Issue 1B
FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY
SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY("EVTA") TAXES BE
INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER
AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN
ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE
SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A
SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX
INCREASE SHALL COMMENCE ON JANUARY 1, 2023;
AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS
OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL
AGREEMENT (THE "EVTA IGA")AS MAY BE AMENDED FROM TIME TO TIME
BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN,
RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE
PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN
ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO:
• EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION
OPTIONS ACROSS THE EAGLE VALLEY;
• ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER
COMMUNITIES;
• ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY
AIRPORT;
• PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING
AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL;
• REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND
SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES,
CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS
THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A
VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION?
YES/FOR NO/AGAINST"
THAT, 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,
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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.
THAT,the officers and employees of Eagle County are authorized and directed to take all
actions necessary or appropriate to effectuate the provisions of this Resolution.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 30th day of August, 2022.
DocuSigned `OUNTY OF EAGLE, STATE OF
COLORADO,by and Through Its
ATTEST: Q BOARD OF COUNTY COMMISSIONERS
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tetliln.A. il°7Vit,ln. By:
•C•1ePleFtwitigeoBoard of eney
County Commissioners Chair
e —DocuSigned by:
,1.1LV1Ruit
Kath lamer-Henry
Commissioner
,—DocuSigned by:
MattEs erI473...
Commissioner
Commissioner chandl er-Henry seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
This Resolution passed by 3/0 vote of the Board of County
Commissioners of the County of Eagle, State of Colorado