Loading...
HomeMy WebLinkAboutR80-30 Mill Levy for Basalt Regional Library DistrictRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 80 -3 C� SUBMITTAL TO THE ELECTORATE THE QUESTION OF AN INCREASE OF A MILL LEVY FOR THE BASALT REGIONAL LIBRARY DISTRICT. WHEREAS, the Colorado Library Law, Section 24 -90 -101 et seq.C.R.S. 1973, as amended, provides, in relevant part, at Section 24 -90 -112 (1) (a) (II) and (b): (II) The Board of County Commissioners of any of the several counties is hereby authorized to levy a tax of not more than one and one -half mills for county libraries and library districts upon real and personal property for the establishment and maintenance of county libraries and library districts. (b) The legislative body for the specified governmental unit shall submit the question of any increase in the existing maximum tax levy to not more than two and one -half mills for the establishment and.maintenance of public lib- raries to a vote of the qualified electors residing in said unit at the next municipal election held thereafter in the case of a city or town or at the next general election held thereafter in the case of a county or library district. Each elector voting at said election and desirous of voting for or against said question shall cast his vote as provided by law either "yes" or "no" on the proposition: "shall the legislative body of (name of incorporated city or town, county, or library district) be authorized to increase the maximum tax levy from (existing maximum tax levy) to not more than (desired maximum tax levy)for the establishment and maintenance of public libraries ?''. The votes cast for the adoption or rejection of said question shall be canvassed and the result determined in a manner provided by law; and WHEREAS, the Colorado Library Law further provides in Section 24 -90 -110 (3): (3) Whenever the Board of County Commissioners of any county de- cides that only a part of the territory of the county which is not already served by a public library shall join in establishing a library district, the Board may levy a tax on that part of the County for the support of said library district. (emphasis added); and WHEREAS, the Board of Trustees of the Basalt Regional Library District has requested the Board of County Commissioners, County of Eagle, State of Colorado, to submit to the electorate a proposal to increase the library district mill levy from one and one -half mills to two and one -half mills, all as authorized by Section 20 -90 -112 (1) (b) C.R.S. 1973, as amended; and WHEREAS, the Board of County Commissioners wishes to accomodate this request, but condition the imposition of the increased levy upon the approval by all counties lying within the library district. NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, County of Eagle, State of Colorado, that there be submitted, at the next general election, to the qualified electors within the Basalt Regional Library District, only, the following question: "Shall the legislative body of Eagle County be authorized to increase the maximum tax levy from one and one -half mills to not more than two and one -half mills for the establishment and maintenance of public libraries within the Basalt Regional Library District, if such increase is also approved by the electorate of all the counties within the district ?" BE IT FURTHER RESOLVED that each elector voting at such election and desirous of voting for or against said question shall cast his vote as provided by law either "yes" or "no" on the question; and the votes casts for the adoption or rejection of said question shall be canvassed and the results determined in a manner provided by law. MOVED, READ AND UNANI14OUSLY ADOPTED by the Board of County Commissioners, County of Eagle, State of Colorado, at its regular meeting this day of 1980. COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By: 46 _&�`'L{1I Dale F. Grant, Chairman ATTEST: Keith Troxel, Commissioner lerLko f the Bo d of County Commissioners ams, commissioner STATE OF COLORADO ) ss . COUNTY OF EAGLE ) The Board of County Commissioners of Eagle County, Colorado, met in regular session at the Eagle County Courthouse Annex in Eagle, Colorado, the regular meeting place of the Board at the hour of 1:30 p.m. on Wednesday, the 7th day of May, 1980. Present: Commissioners: County Clerk and Recorder: Absent: Dale Grant, Chairman Dan Williams Keith Troxel Johnette Phillips Thereupon the following proceedings, among others, were had and taken. A hearing on the Service Plan and related documents for Western Eagle County Metropolitan Recreation District was held by the Board of County Commissioners, pursuant to the provisions of part 2 of article 1 of title 32, C.R.S. 1973, as amended, and in accordance with a Resolution adopted by the Board on Monday, the 7th day of April, 1980. Thereupon Commissioner cep' / introduced and moved the adoption of the following Re olution: -1- � 4�+vwrJ d R E S O L U T I O N Qo. SO•-3O P WHEREAS, pursuant to the provisions of part 2 of article 1 of title 32, C.R.S. 1973, as amended, the Board of County Commissioners of Eagle County, Colorado, on Wednesday, the 7th day of May, 1980, held a public hearing on the Service Plan and related documents for Western Eagle County Metropolitan Recreation District; and WHEREAS, notice of this hearing was duly published in The Eagle Valley.Enterprise, Eagle, Colorado, a newspaper of general circulation within Eagle County, said publication occurring on April 10, April 17, and April 24, 1980, as required by law, forwarded to the Petitioners, and mailed to the governing body of each municipality and special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three miles of the proposed District, and to the Eagle County Planning Commission; and WHEREAS, the Board has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, it appears that the Service Plan should be approved without condition or modification; THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO: 1. That the Board of County Commissioners of Eagle County, Colorado, does hereby determine that all of the requirements of part 2 of article 1 of title 32, C.R.S. 1973, as amended, relating to the filing of the Service Plan for Western Eagle County Metropolitan Recreational District have been fulfilled and that notice of the hearing was duly given in the time and manner required by law. 2. That said publication of the Notice of Hearing on Service Plan in The Eagle Valley Enterprise, a newspaper of general circulation within the County, is hereby approved. 3. That the Service Plan of Western Eagle County Metropolitan Recreational District is hereby approved without condition or modification. -2- 4. That all resolutions, or parts thereof, in conflict with the provisions hereof, are hereby repealed, except that this repealer shall not be construed so as to revive any resolution or part thereof heretofore repealed. 5. That a certified copy of this Resolution be filed in the records of Eagle County and submitted to the Petitioners for the purpose of filing in the District Court of Eagle County, Colorado. ADOPTED AND APPROVED this 7th day of May, 1980. (COUNTY) ( SEAL ) unty Clerk lnd RecorUr agle County, Colorado Chairman � Board of County Commissioners Eagle County, Colorado -3- Commissioner 1j��g'�) seconded the motion for the adoption of said Resolution. The question being upon the adoption of said Resolution, the roll was called and the question put to a vote with the following results: AYE: Commissioners: Dale Grant Keith Troxel Dan Williams NAY: Commissioners: The presiding officer thereupon declared that, a majority of all the Commissioners having voted in favor thereof, the motion was carried and the Resolution duly adopted. Thereupon the meeting was adjourned. Chaim ✓��G Board of County Commissioners Eagle County, Colorado (COUNTY) SEAL ) ATTEST: /( bounty Clerk Recorde agle County, Colorado -4- 1 4 4 ui� STATE OF COLORADO ) ss. COUNTY OF EAGLE ) I, Johnette Phillips, County Clerk and Recorder of the County of Eagle, State of Colorado, do hereby certify that the foregoing pages numbered 1 to 4, inclusive, constitute a true and correct copy of the record of proceedings of the Board of County Commissioners of the County, taken at a regular meeting thereof held on Wednesday, the 7th day of May, 1980, at the Eagle County Courthouse Annex in Eagle, Colorado, insofar as said proceedings relate to a Resolution, a copy of which is therein set forth; that said copy is a full, true and correct copy of the original of said Resolution as adopted by the Board of County Commissioners at said meeting; that the original Resolution has been duly signed and approved by the presiding officer of the Board of County Commissioners and myself, as County Clerk and Recorder, sealed with the seal of the County and recorded in the Book of Resolutions of the County kept for that purpose in my office. I further certify that the Chairman and 62- members of the Board of County Commissioners were present at said meeting and that --? members of the Board voted in favor of the adoption of the Resolution as set forth in the minutes of the meeting. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of Eagle County, Colorado, this '2'±—day of May, 1980. (COUNTY) ( SEAL ) CounW Clerk and Re er Eagle County, Colorado -5- 1 WHEREAS, The constitution of the state of Colorado 2 provides that the governor shall take care that the laws be 3 faithfully executed; and 4 WHEREAS, The general assembly, and not the governor, is 5 the policy- making branch of the state government, setting 6 state policies through the passage of legislation; and 7 WHEREAS, The governor's executive order on Human 8 Settlement Policies, issued on September 13, 1979, stated that 9 the governor, as chief executive officer of the state, has the 10 responsibility for formulating and administering the policies 11 of the executive branch of the state government; and { 12 WHEREAS, The governor based such executive order on the 13 authority which he presumed to have been vested in him under 14 the constitution of the state of Colorado and under the 15 provisions of section 24- 1-104, Colorado Revised Statutes 16 1973; and 17 i.,+1.FHb� l ry 18 of land use by statutorily describing areas of state interest Second Regular Session and has established statutory criteria for the designation and 20 LDO NO. 80 0701/1 21 WHEREAS, The governor's executive order on Human 22 ®® RECEVED Fifty- second General Assembly r° B 20 On authority of local governments; and STATE OF COLORADO WHEREAS, The governor's. actions extend beyond 26 MAY 19 1980 27 C� °rm r -L'1 ! EAGLE U therefore, 29 Be It Resolved by the House of Reoresentatives of the EPRESENTATIVE Randall; also SENATOR Cole. 31 Senate concurring herein: — 32 HOUSE JOINT RESOLUTION NO. 1 WHEREAS, The constitution of the state of Colorado 2 provides that the governor shall take care that the laws be 3 faithfully executed; and 4 WHEREAS, The general assembly, and not the governor, is 5 the policy- making branch of the state government, setting 6 state policies through the passage of legislation; and 7 WHEREAS, The governor's executive order on Human 8 Settlement Policies, issued on September 13, 1979, stated that 9 the governor, as chief executive officer of the state, has the 10 responsibility for formulating and administering the policies 11 of the executive branch of the state government; and { 12 WHEREAS, The governor based such executive order on the 13 authority which he presumed to have been vested in him under 14 the constitution of the state of Colorado and under the 15 provisions of section 24- 1-104, Colorado Revised Statutes 16 1973; and 17 WHEREAS, The general assembly has addressed the problems 18 of land use by statutorily describing areas of state interest 19 and has established statutory criteria for the designation and 20 administration of such areas; and 21 WHEREAS, The governor's executive order on Human 22 Settlement Policies invades the legislative function and, in 23 the implementation of such policies, infringes upon the 24 authority of local governments; and 25 WHEREAS, The governor's. actions extend beyond 26 establishing policies for only the executive branch of state 27 government thereby usurping legislative authority; now, 28 therefore, 29 Be It Resolved by the House of Reoresentatives of the } 30 Fifty - second General Assembly of the State of Colorado, the 31 Senate concurring herein: — 32 That we, the members of the Fifty- second general assembly Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. x 3 1 believe that the governor has exceeded his statutory and 2 constitutional authority and, thus we strongly urge the 3 governor to immediately rescind his executive order entitled 4 "Human settlement Policies ". -2-