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HomeMy WebLinkAboutR90-021 Increasing Tax Levy Ballot Question • BD1460.A(PF) 111 01/23/90 CERTIFIED RECORD OF PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO RELATING TO A RESOLUTION PROVIDING FOR THE SUBMISSION OF A OUESTION OF INCREASING THE TAX LEVY TO A VOTE OF THE REGISTERED OUALIFIED ELECTORS OF THE COUNTY AT A SPECIAL COUNTY ELECTION TO BE HELD ON APRIL 10, 1990 • • STATE OF COLORADO ) SS. COUNTY OF EAGLE The Board of County Commissioners of Eagle County, Colorado, held a regular meeting open to the public at the County Courthouse, 551 Broadway, Eagle, Colorado, on Tuesday, the 20th day of February, 1990, at the hour of 5:15 p.m. The following persons were present: Commissioners: Don Welch, Chairman George "Bud" Gates County Manager: James R. Fritze County Clerk and Recorder: Johnnette Phillips County Attorney: Kevin Lindahl The following persons were absent: Dick Gustafson The Chairman introduced and read by title the following Resolution, copies thereof having been made available to the Board of County Commissioners and to the public: BD1460.A(PF) 1 02/21/90 • EAGLE COUNTY, COLORADO RESOLUTION NO. 21 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED QUALIFIED ELECTORS OF EAGLE COUNTY, COLORADO, OF A QUESTION OF INCREASING THE LEVY OF AD VALOREM TAXES IN AN AMOUNT EXCEEDING THE LIMITATION IMPOSED BY §29 -1- 301, COLORADO REVISED STATUTES, AS AMENDED, FOR THE PURPOSES OF ESTABLISHING AND OPERATING A SYSTEM OF PUBLIC RECREATION FACILITIES AND PLAYGROUNDS AND PURCHASING REAL PROPERTY TO PROMOTE AFFORDABLE HOUSING, SAID QUESTION TO BE SUBMITTED AT A SPECIAL COUNTY ELECTION TO BE HELD APRIL 10, 1990; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION; PROVIDING FOR PUBLICATION OF NOTICE OF REGISTRATION AND POSTING AND PUBLICATION OF NOTICE CONCERNING SPECIAL COUNTY ELECTION; AND OTHERWISE PROVIDING FOR THE CONDUCT THEREOF. WHEREAS, the Board of County Commissioners of Eagle County, Colorado (the "County "), desires to establish and operate a system of public recreation facilities and playgrounds within the boundaries of the County, which may include acquiring up to ten acres in the County for the purpose of providing a site for the development of affordable housing (collectively, the "Project "); and WHEREAS, the Board of County Commissioners is of the opinion that the amount of ad valorem taxes the County is currently 1990, as limited by Section 29-1-301, authorized to levy in 1 1 i n 29 vY � Y Colorado Revised Statutes, as amended (the "Act "), will be insufficient to finance those additional costs required to establish and operate the Project; and WHEREAS, the County is authorized to increase its levy of ad valorem taxes in an amount exceeding the limitation imposed by the Act, provided that the question of increasing said levy is first submitted to and approved by a majority of the registered qualified electors of the County voting on such a question; and WHEREAS, the limitation imposed by the Act is expressed as a percentage increase cap above the amount of revenue levied in the preceding year, subject to certain exceptions (the "Base Amount "); and WHEREAS, the additional revenue attributable to the increased tax levy, if approved by the electors of the County, BD1460.A(PF) 2 02/21/90 • would be included in the Base Amount in determining the Act's limitation in subsequent years; and WHEREAS, the Board of County Commissioners has determined that there should be submitted to said electors a question of increasing the levy of ad valorem taxes in an amount exceeding the limitation imposed by the Act for the purpose of defraying, in whole or in part, the cost of establishing and operating the Project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO, THAT: Section 1. Special Election to be Held; Precincts and Polling Places. A Special County Election (the "Special Election ") shall be held on Tuesday, April 10, 1990, between the hours of 7:00 a.m. and 7:00 p.m. The boundaries of voting precincts for the Special Election shall be the same as the boundaries of the general election precincts for Eagle County, Colorado, held November 8, 1988, and the precincts and polling places shall be as set forth in the form of Notice Concerning Special County Election contained in this Resolution. Section 2. Form of Ballot Ouestion. At the Special Election there shall be submitted to a vote of the registered qualified electors of the County the following question: Question "Shall the Board of County Commissioners of Eagle County be granted authority to levy ad valorem taxes on all taxable property in said County in an amount exceeding the limitation imposed by §29 -1 -301, Colorado Revised Statutes, as amended, or successor provisions, such additional tax levy to be made in the year 1990 for collection in 1991 in an amount not exceeding $1,800,000 and the revenue derived therefrom to be included in determining such limitation in subsequent years, such additional revenues to be used by the County to establish and operate a system of public recreation facilities and playgrounds in said County, which may include acquiring up to ten acres of real property in said County for the purpose of providing a site for the development of affordable housing ?" For Additional ri Against Additional Tax Levy Tax Levy BD1460.A(PF) 3 02/21/90 • • Note: This additional levy would result in an estimated increase of taxes of $45 per $100,000 of market value on residential property and of $87 per $100,000 of market value on commercial, industrial, or vacant property and personal property. The estimates are based on an estimated total assessed valuation of $600,000,000. Section 3. Registered and Oualified Electors. No vote, either for or against said question, shall be received or permitted by the judges of election unless the person offering the same shall be a duly registered and qualified elector of the County. Section 4. Registration. Qualified electors whose names do not appear on the Official Registration List and those who have changed their addresses may register or change their addresses at the office of the County Clerk and Recorder of Eagle County, Colorado, or at the office of any Municipal Clerk within the County and at such other branch registration offices designated by the County Clerk and Recorder, at any time during regular business hours of those offices, on or before Friday, March 16, 1990, in accordance with the Colorado Election Code of 1980, as amended. In order to so inform the qualified electors of the County, the County Clerk shall cause a Notice of Registration in the following form to be published twice in The Eagle Valley Enterprise, The Roaring Fork Valley Journal and The Vail Trail, newspapers of general circulation published in the County, prior to the closing of the registration books for the Special Election: NOTICE OF REGISTRATION SPECIAL COUNTY ELECTION COUNTY OF EAGLE, COLORADO APRIL 10, 1990 NOTICE IS HEREBY GIVEN that in order to vote at the Special County Election to be held in Eagle County, Colorado, on Tuesday, April 10, 1990, one must be a registered qualified elector of Eagle County, Colorado. A qualified elector is any person 18 years of age or older who has resided in his or her precinct within Eagle County for 25 days immediately preceding the election at which the person offers to vote. Qualified electors whose names do not appear on the Official Registration List for Eagle County or who have changed their addresses may register or change their addresses at the office of the County Clerk and Recorder at the Eagle County Courthouse in Eagle, Colorado, or at the office of the Municipal Clerks of the municipalities of Vail, Redcliff, Minturn, Avon, Gypsum, Basalt, at the County annex office in El Jebel, and at the driver's license examiners facilities in Minturn, in said County, during regular business hours ON OR BEFORE FRIDAY. MARCH 16. 1990. BD1460.A(PF) 4 02/21/90 • . At the Special County Election there will be submitted to the registered qualified electors of Eagle County one question of increasing the levy of ad valorem taxes in an amount exceeding the limitation imposed by §29 -1 -301, Colorado Revised Statutes, as amended, such additional tax levy to be made in the year 1990 for the purposes of establishing and operating a system of public recreation facilities and playgrounds, which may include acquiring up to ten acres in the County for the purpose of providing a site for the development of affordable housing, all as set forth in a Notice Concerning Special County Election published in this newspaper on this same date. IN WITNESS WHEREOF, the Board of County Commissioners of Eagle County, Colorado, has caused this notice to be given. /s/ Johnnette Phillips County Clerk and Recorder Eagle County, Colorado Publish in: The Eagle Valley Publish on: March 1 and Enterprise, Eagle, March 8, 1990 Colorado The Roaring Fork Publish on: March 1 and Valley Journal, March 8, 1990 Carbondale, Colorado The Vail Trail, Publish on: March 2 and Vail, Colorado March 9, 1990 Section 5. Conduct of Special Election. The registered qualified electors of the County shall vote at the Special Election either by submitting an absent voter ballot or by appearing and voting at the polls. Paper ballots shall be used for voting at the polls and for absent voter balloting. The Special Election shall be held and conducted, and results of election canvassed, in the same manner prescribed for elections of County officers in accordance with the Colorado Election Code of 1980, as amended, and insofar as the same may be applicable, the Federal Voting Rights Amendments of 1975. Section 6. Absent Voter Ballots. Registered qualified electors entitled to vote at said election who intend to vote by absent voter ballot may obtain information and apply for and receive absent voter ballots at the office of the County Clerk and Recorder, Eagle, Colorado, at any time on or before 5:00 p.m., Friday, April 6, 1990. Registered qualified electors entitled to vote at said election may also obtain information and apply for and receive emergency absent voter ballots at the office of the County Clerk and Recorder, Eagle, Colorado, if they meet the requirements of the Colorado Election Code of 1980, as amended. BD1460.A(PF) 5 02/21/90 • Section 7. Notice of Special Election. The County Clerk and Recorder is hereby instructed to publish a Notice Concerning Special County Election three times starting at least 30 days before the date set for the Special Election in The Eagle Valley Enterprise, The Roaring Fork Valley Journal and The Vail Trail, newspapers having general circulation in the County. Said Notice shall not be less than ten column inches in size, and shall be placed once in that portion of the above - referenced newspapers in which legal notices and classified advertisements appear and twice in that portion of the above - referenced newspapers in which legal notices and classified advertisements do not appear. The Notice Concerning Special Election shall be substantially in the following form: EAGLE COUNTY. COLORADO NOTICE CONCERNING SPECIAL COUNTY ELECTION APRIL 10, 1990 NOTICE IS HEREBY GIVEN that at the Special County Election of Eagle County, Colorado, to be held at the precinct polling places hereinafter specified on Tuesday, the 10th day of April, 1990, between the hours of 7:00 a.m. and 7:00 p.m., there will be submitted to the registered qualified electors of the County the following question: Ouestion "Shall the Board of County Commissioners of Eagle County be granted authority to levy ad valorem taxes on all taxable property in said County in an amount exceeding the limitation imposed by §29 -1 -301, Colorado Revised Statutes, as amended, or successor provisions, such additional tax levy to be made in the year 1990 for collection in 1991 in an amount not exceeding $1,800,000 and the revenue derived therefrom to be included in determining such limitation in subsequent years, such additional revenues to be used by the County to establish and operate a system of public recreation facilities and playgrounds in said County, which may include acquiring up to ten acres of real property in said County for the purpose of providing a site for the development of affordable housing ?" For Additional Against Additional Tax Levy Tax Levy BD1460.A(PF) 6 02/21/90 110 411 Note: This additional levy would result in an estimated increase of taxes of $45 per $100,000 of market value on residential property and of $87 per $100,000 of market value on commercial, industrial, or vacant property and personal property. The estimates are based on an estimated total assessed valuation of $600,000,000. Those persons who are 18 years of age or older who have resided in their precinct within Eagle County for 25 days immediately preceding the election and who have been duly registered in Eagle County shall be entitled to vote at said Special County Election. Those electors who are otherwise fully qualified to vote at said Special County Election, but who shall be absent from their precincts from 7:00 a.m. to 7:00 p.m. on the day of said election, or who by reason of their work or the nature of their employment are likely to be absent and fear that they will be absent their precincts from 7:00 a.m. to 7:00 p.m. on the day of said election, or who because of serious illness, handicap or elderliness, or because they reside more than ten miles from their polling places by the most direct route for public travel, or who for reasons based upon the doctrines of an established religion, shall be unable to attend the polls, may apply in writing at the office of the County Clerk and Recorder in Eagle, Colorado, for absent voter ballots at any time during regular business hours on or before 5:00 p.m., Friday, April 6, 1990. If a voter is confined in a hospital or his place of residence on election day, or unable to go to the polls due to being absent from the County on election day, because of conditions arising after 5:00 p.m., Friday, April 6, 1990, such voter may apply in writing to the County Clerk for an emergency absent voter's ballot. Paper ballots will be used for balloting at the polls and for absent voter balloting. The boundaries of voting precincts for this election shall be the same as the boundaries of the general election precincts for Eagle County, Colorado; the polling places for these voting precincts shall be as follows: Precinct No. General Area Polling Place 1 Red Cliff Red Cliff Community Center 2 Southwest Vail Vail Municipal Building 3 Minturn Minturn Town Hall 4 Edwards Lutheran Church 5 Eagle Eagle Community Center 6 Gypsum Gypsum Fire House 7 Basalt Basalt Town Hall BD1460.A(PF) 7 02/21/90 • • 8 El Jebel El Jebel Fire House 9 Sweetwater Gypsum Fire House 10 Burns Residence of Bill & Jill Schlegel 11 Bond -McCoy McCoy School House 12 Northwest Vail Vail Municipal Building 13 Vail Vail Municipal Building 14 East Vail Vail Municipal Building 15 Avon Avon Municipal Building 16 East Eagle Eagle Community Center 17 Eagle -Vail Battle Mountain High School 18 Absentee Eagle County Clerk & Recorder's Office Said election shall be held and conducted, the returns thereof canvassed, and the results thereof declared, in the manner prescribed for the vote for County officers by the Colorado municipal election laws. IN WITNESS WHEREOF, the Board of County Commissioners of Eagle County, Colorado, has caused this notice to be given. /s/ Johnnette Phillips County Clerk and Recorder Eagle County, Colorado Publish in: The Eagle Valley Publish on: March 1, Enterprise, Eagle, March 8, and Colorado March 15, 1990 The Roaring Fork Publish on: March 1, Valley Journal, March 8, and Carbondale, March 15, 1990 Colorado The Vail Trail, Publish on: March 2, Vail, Colorado March 9, and March 16, 1990 Said Notice shall not be less than ten column inches in size, and shall be placed once in that portion of the above - referenced newspapers in which legal notices and classified advertisements appear and twice in that portion of the above - referenced newspapers in which legal notices and classified advertisements do not appear. Section 8. Form of Ballots. Voting at the Special Election shall be by paper ballots. Ballots to be used in voting upon the questions to be submitted at said Special Election shall be prepared in accordance with the applicable requirements of law and furnished by the County Clerk and Recorder to the judges of election, to be furnished by them to the registered qualified BD1460.A(PF) 8 02/21/90 • electors. Such ballots shall contain the words "for additional tax levy" and "against additional tax levy." Section 9. Canvassing of Votes. The votes cast at the Special Election shall be canvassed, the returns thereof made, and the results thereof declared in the manner provided for elections of County officers by the Colorado election laws. Section 10. Continuing Authority to Levy. If a majority of all the votes cast on the question herein prescribed to be submitted at the Special Election shall be in favor of an additional tax levy for the purposes stated in said question, it shall then be lawful for the Board of County Commissioners to authorize the proper officers of the County to proceed to make an increased levy in the year 1990 for collection in 1991 in an amount not exceeding $1,800,000 in accordance with the proposal so approved at the election. The authority to increase any or all of the levy authorized in the question, if conferred at the election by the registered qualified electors authorized to vote thereon, shall be deemed and considered a continuing authority to increase the levy so authorized at one time, or from time to time, and neither the P artial exercise of the authority so conferred , nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred by the electors voting in favor of said question. Section 11. Confirmation of Prior Actions. All actions, not inconsistent with the provisions of this Resolution, heretofore taken by the officers of the County, whether elected or appointed, directed toward holding the Special Election are hereby ratified, approved and confirmed. Section 12. Effective Date; Repeal of Inconsistent Resolutions. This Resolution shall take effect immediately upon its adoption. All resolutions or parts thereof in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any resolution, or part thereof, heretofore repealed. Section 13. Partial Invalidity. 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 sections, paragraphs, clauses or provisions of this Resolution. BD1460.A(PF) 9 02/21/90 • • INTRODUCED AND ADOPTED this 20th day of February, 1990. EAGLE COUNTY, COLORADO 0.z 4, .4, By: .mipr'• r ► Ir Chairman tAISsob 0' ATTE Commissioner f ounty Clerk and Re order Commissioner ac 67 dil BD1460.A(PF) 10 02/21/90 . • Commissioner George "Bud" Gates moved that the foregoing Resolution heretofore introduced be adopted. Commissioner Don Welch seconded the motion. The question being upon the adoption of the Resolution, the roll was called with the following results: Commissioners voting "YES ": George "Bud" Gates Don Welch Commissioners voting "NO ": The Chairman thereupon declared that, a majority of the Commissioners present having voted in favor thereof, the motion was carried and the Resolution duly adopted. After consideration of other business to come before the Board of County Commissioners, the meeting was adjourned. 10 11111., Chairman II 4 • • A / ounty Clerk and Recorder BD1460.A(PF) 11 02/21/90 STATE OF COLORADO ) ss. COUNTY OF EAGLE I, Johnnette Phillips, County Clerk and Recorder of Eagle County, Colorado, do hereby certify that the attached copy of Resolution No. 21 is a true and correct copy; that said Resolution was introduced and adopted by the Board of County Commissioners of Eagle County, Colorado, at a regular meeting thereof held at the County Courthouse, 551 Broadway, Eagle, Colorado, the regular meeting place thereof, on Tuesday, the 20th day of February, 1990; and that a true copy of said Resolution has been authenticated by the signatures of the Chairman of said Board of County Commissioners and myself as County Clerk and Recorder thereof, sealed with the seal of said County, and numbered and recorded in the official records of the County kept in my office. I further certify that the foregoing pages 1 through 11, inclusive, constitute a true and correct copy of the record of the proceedings of said Board of County Commissioners at its regular meeting of February 20, 1990, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that the meeting was duly held; and that the persons were present at said meeting as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of Eagle County, Colorado, this 20th day of February, 1990. zs 41L. o� � 4 c "County Clerk and Recorder += a do County of Eagle, Colorado • • BD1460.A(PF) 12 02/21/90