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Home My WebLink AboutR93-074 ballot question on one-half of one percent for mass transportation systeml Commission moved adoption of the foll wing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93-� A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED QUALIFIED ELECTORS OF EAGLE COUNTY, COLORADO, OF A QUESTION OF AUTHORIZING THE LEVY OF A COUNTY SALES TAX OF ONE -HALF OF ONE PERCENT FOR THE PURPOSES OF FINANCING, CONSTRUCTING, OPERATING, OR MAINTAINING A MASS TRANSPORTATION SYSTEM WITHIN THE COUNTY WHICH MAY EXCEED THE CURRENT SEVEN PERCENT LIMITATION IMPOSED BY S 29 -2 -108, COLORADO REVISED STATUTES, AS AMENDED, SAID QUESTION TO BE SUBMITTED AT THE ELECTION TO BE HELD NOVEMBER 2, 1993; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION; PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER; AND OTHERWISE PROVIDING FOR THE CONDUCT THEREOF. WHEREAS, in addition to any sales tax imposed pursuant to Section C.R.S. 29 -2 -103, each county in the State of Colorado which lies outside the jurisdiction of the regional transportation district is authorized to levy a county sales tax, use tax, or both of up to one -half of one percent for the purpose of financing, constructing, operating or maintaining a mass transportation system within the county pursuant to section 29- 2- 103.5 C.R.S.; and WHEREAS, there is a demand throughout the County for an increase in the availability of a mass transportation system; and WHEREAS, the Board of County Commissioners of Eagle County, Colorado (the "County ") , desires to establish and operate a mass transportation system within the boundaries of the County ( "System "); and WHEREAS, the amount of resources and revenues available to the County for these purposes is insufficient to finance the costs required to establish and operate the System; and WHEREAS, the County is authorized to levy a one -half of one percent sales tax in an amount which may exceed the current seven percent limitation imposed by C.R.S. 29 -2 -108, 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, such a sales tax shall not be levied pursuant to the provisions of C.R.S. 29 -2 -103.5 (1) until the proposal has been referred to and approved by the registered electors of the County in accordance with the provisions of C.R.S. 29 -2- 103.5; and WHEREAS, the proposal for a sales tax increase may be submitted at the election to be held on November 2, 1993; and WHEREAS, this 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.; and WHEREAS, the additional revenue attributable to the increased sales tax levy, if approved by the electors of the County, would be credited to a special fund in the County treasury to be known as the County Mass Transportation Fund. This Fund, when created, shall be used only for the financing, constructing, operating, or maintaining of a mass transportation system within the County; and WHEREAS, the Board of County Commissioners has determined that there should be submitted to said electors a question of levying a one -half of one percent sales tax for the purpose of financing, constructing, operating or maintaining a mass transportation system within the County. That mass transportation for purposes of this resolution be defined in the widest possible manner. Mass transportation under this resolution shall be defined so as to allow implementation of new research and recognition of the need for intermodel transportation; and to allow financing, constructing, operating, or maintaining of mass transportation to include any means of transporting the general public, but not to be limited to bus, bike paths, bikeways, rail, air, fixed guideway rapid transit, or other means of conveyance within Eagle County. 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 shall be presented at the election to be held on Tuesday, November 2, 1993. That said election shall be held in accord with the provisions of Eagle County Resolution No. 93 -62 providing for a "mail ballot election ". Such notices as are required by Article X, Section 20 of the Colorado Constitution shall be provided by the Clerk and Recorder. 2 Section 2. Form of Ballot Question At the Election there shall be submitted to a vote of the registered qualified electors. of the County the following question: TITLE: SHALL EAGLE COUNTY SALES TAX BE INCREASED $3,000,000.00 ANNUALLY Question "Shall the Board of County Commissioners of Eagle County be granted authority to levy a one -half of one percent sales tax throughout the County commencing January 1, 1994 through December 31, 2004 for the purposes of financing, constructing, operating, or maintaining a mass transportation system to include any means of transporting the general public, but not to be limited to bus, bike paths, bikeways, rail, air, fixed guideway rapid transit, or other means of conveyance within Eagle County; and shall Eagle County be entitled to spend the full revenues from such tax increase in any year after the first full year in which it is in effect exceeding the estimated dollar amount stated above and without any other limitation or condition except those contained herein, and without limiting the collection or spending of any other revenues or funds by Eagle County, under Article X, Section 20 of the Colorado Constitution or any other law ?" The portion of the one -half of one percent sales tax collected within that portion of Eagle County located within the boundaries of Precinct 7 (Basalt) and Precinct 8 (El Jebel) , shall be used for the purposes of financing, constructing, operating, or maintaining a mass transportation system within that part of Eagle County located within the area encompassed by Precincts 7 and 8, as those precinct boundaries exist as of the date of this election. Note: The approval of such sales or use tax may result in a sales tax rate in excess of the current seven percent limitation. For Additional Sales Tax Levy Against Additional Sales Tax Levy Section 3. Property and Services Taxed The same property and services shall be taxed and the same items shall be exempt as is provided for in the General County Sales Tax, Resolution No. 81- 33 adopted September 22, 1981. 3 Section 4. 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. Commissione seconded adoption of the foregoing resolutio The r1611 having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by ��-- vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \taxelect.res 4