HomeMy WebLinkAboutR06-097 - election to authorize mill levy increase for Basalt Library District
Commissioner ~y
adoption of the following Resolution:
moved
BOARD OF COUNTY COl\t.l~nSSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006
A RESOLUTION CALLING AN ELECTION ON NOVE~mER 7, 2006 TO
AUTHORIZE A ~nLL LEVY INCREASE FOR BASALT REGIONAL
LIBRARY DISTRICT OPERATIONS AND MAINTENANCE RELATING
TO A PROPOSED NEW REGIONAL LIBRARY FACILITY; SETTING
THE BALLOT TITLE AND CONTENT FOR THE BALLOT ISSUE FOR
THE ELECTION; PROVIDING FOR OTHER MATTERS RELATING
THERETO; RATIFYING ACTION PREVIOUSLY TAKEN THERETO;
AND PROVIDING THE EFFECTIVE DATE OF THIS RESOLUTION
WHEREAS, Eagle County, Colorado (the "County") is a duly organized and validly
existing county of the State of Colorado; and
WHEREAS, pursuant to the provisions of Part 1 of Article 90 of Title 24 of the
Colorado Revised Statutes, as amended, the County and Pitkin County, Colorado established the
Basalt Regional Library District (the "District"), a library district located partially within the
County and partially within Eagle County, duly organized and existing and established for the
purpose of providing library services; and
WHEREAS, the District's Board of Trustees ("Board of Trustees"), pursuant to
Colorado Revised Statutes ~ 24-90-112 and a resolution adopted by the Board of Trustees on
August 28, 2006 (the "District Resolution") has requested that the County's Board of County
Commissioners (the "Board of County Commissioners"), the County being one of two counties
in which the District is located, submit to the eligible electors of the District at the November
2006 election, a ballot issue authorizing an increase in the District's tax levy for the payment of
operation and maintenance expenses of the District associated with a proposed new library
facility; and
WHEREAS, the Board of County Commissioners has determined to set the ballot title
and content for the ballot issue to be submitted at the election called by this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of
Eagle County, Colorado that:
1. The District Resolution attached as Appendix A hereto is hereby incorporated into
this Resolution as set forth in full herein.
2. An election shall be held on Tuesday, November 7, 2006 at which there shall be
submitted to the eligible electors of the District a ballot issue authorizing an increase in the
District's mill levy for operations and maintenance expenses of the District in connection with a
proposed new regional library facility, which question shall be in the form attached hereto as
Appendix A.
3. The election shall be conducted in accordance with articles 1 to 13 of title 1,
Colorado Revised Statutes, as amended (the "Uniform Election Code").
4. The County hereby agrees to take the actions requested by the District pursuant to
the District Resolution and adopts the provisions of the District Resolution, to the extent
applicable to the County, as if fully set forth herein.
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.
6. All actions not inconsistent with the provisions of this Resolution, heretofore
taken by the members of the Board of County Commissioners and the officers and employees of
the County, directed toward holding the election for the purposes stated herein are hereby
ratified, approved and confirmed.
7. All prior acts, orders or resolutions, or parts thereof, by the County in conflict
with this Resolution are hereby repealed, except that this repealer shall not be construed to revive
any act, order or resolution, or part thereof, heretofore repealed.
8. If any 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 any of the remaining sections, paragraphs, clauses. or
provisions of this Resolution, it being the intention that the various parts hereof are severable.
9. This Resolution shall take effect upon its passage and adoption.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 5th day of September, 2006.
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY C SSIONERS
Clerk to the Board of
County Commissioners
y:
Commissioner 11le:ltCbn~ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Runyon
Commissioner Stone
Commissioner Menconi
This Resolution passed by
Commissioners of the County of Eagle, State of Colorado.
'~/G>
vote of the Board of County
APPENDIX "A"
STATE OF COLORADO )
BASALT REGIONAL LIBRARY DISTRICT ) ss.
PITKIN AND EAGLE COUNTIES )
As the Secretary of the Board of Trustees of Basalt Regional Library District, Pitkin and
Eagle Counties, Colorado (the "District"), I do hereby certify that:
1. Attached is a true and correct copy of a resolution (the "Resolution") adopted by
the Board of Trustees (the "Board") at a special meeting held on August 28,2006.
2. Notice of such meeting was posted in a public place within the boundaries of the
District designated by the Board for the posting of notices of meetings of the Board no less than
24 hours prior to the holding of the meeting.
3. The Resolution was duly moved, seconded and adopted at such meeting by the
affirmative vote of a majority of the members of the Board as follows:
Board Member Yes No Absent Abstaining
Polly Pollard, President X
Bud Eylar Vice President & X
Secretary
Pat Fallin X
David R. Fiore X
Peter Frey X
Chris Martinez X
Judith Royer X
4. The Resolution was duly approved by the Board, signed by the President of the
Board, sealed with the District's seal, attested by the Secretary of the Board and recorded in the
minutes of the Board.
5. The meeting at which the Resolution was adopted was noticed, and all
proceedings relating to the adoption of the Resolution were conducted, in accordance with all
applicable bylaws, rules, regulations and resolutions of the District, in accordance with the
normal procedures of the District relating to such matters, and in accordance with applicable
constitutional provisions and statutes of the State of Colorado and all other applicable laws.
WITNESS my hand and the seal of the District as of August 28,2006.
[SEAL]
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Secret / j?-C-'
4823-1836-0577 ,
RESOLUTION
A RESOLUTION CALLING AN ELECTION ON NOVEMBER 7, 2006 TO
AUTHORIZE A MILL LEVY INCREASE FOR BASALT REGIONAL LIBRARY
DISTRICT OPERATIONS AND MAINTENANCE RELATING TO A PROPOSED
NEW REGIONAL LIBRARY FACILITY; SETTING THE BALLOT TITLE AND
CONTENT FOR THE BALLOT ISSUE FOR THE ELECTION; PROVIDING FOR
OTHER MATTERS RELATING THERETO; RATIFYING ACTION PREVIOUSLY
TAKEN THERETO; AND PROVIDING THE EFFECTIVE DATE OF THIS
RESOLUTION
WHEREAS, the Basalt Regional Library District (Pitkin and Eagle Counties, Colorado)
(the "District") is a library district duly organized and existing pursuant to the provisions of Part
1 of Article 90 of Title 24 (the "Act") of the Colorado Revised Statutes, as amended ("C.R.S.")
and established for the purpose of providing library services within the District; and
WHEREAS, the Board of Trustees (the "Board") of the District has determined that a the
purchase of land and the construction and equipping of a new regional library facility is needed
at this time to adequately serve the members of the community; and
WHEREAS, there are not sufficient funds in the treasury of the District and the Board
does not anticipate that existing sources of revenue will be sufficient to generate the moneys
necessary in order to pay the operation and maintenance expenses associated with such proposed
new regional library facility; and
WHEREAS, the Board has determined that the interest of the District and the public
interest or necessity demands an increase in the mill levy rate presently levied against all taxable
property within the boundaries of the District in order to pay the operation and maintenance
expenses of the District relating to such proposed new library facility; and
WHEREAS, Senate Bill 03-326 was recently passed into law in 2003 (the "2003
Legislation") and certain provisions of such bill have been codified in Section 24-90-ll2.5,
C.R.S. (regarding the issuance of bonds and the levy of taxes to pay such bonds) and in Section
24-90-112, C.R.S. (regarding tax support elections); and
WHEREAS, the 2003 Legislation provides that the Board may, on its own authority,
submit the question to the voters of authorizing the creation of indebtedness and the levy of taxes
to pay such indebtedness and, with voter approval, authorizes the District to issue bonds, on its
own authority and levy taxes to pay such bonds on its own authority and not by a county on
behalf of the District; and
WHEREAS, the District desires that the ballot issue set forth in Appendix A hereto be
submitted to the eligible electors at an election on Tuesday, November 7, 2006; and
WHEREAS, the 2003 Legislation is unclear as to whether the Board mav, on its own
authority, call an election to authorize a mill levy increase for District operations and
4823-1836-05771
maintenance and set the ballot title and content for the ballot issue for the election, and therefore
the Board, through the adoption of this Resolution, hereby requests that the Board of County
Commissioners of Eagle County and Pitkin County, respectively, take such action as may be
statutorily necessary to cause the ballot issue set forth in Appendix A to be submitted to the
electors of the District; and
WHEREAS, the election shall be conducted as a coordinated polling place election in
Pitkin and Eagle Counties in accordance with articles 1 to 13 of title 1, Colorado Revised
Statutes, as amended (the "Uniform Election Code"); and
WHEREAS, the County Clerks (defined below) are, respectively, the coordinated
election officials for the election pursuant to the Uniform Election Code, and shall be responsible
for mailing the notice of election required by Article X, Section 20(3)(b) of the Colorado
Constitution (the "TABOR Notice"); and
WHEREAS, the District intends to cooperate with the County Clerks to provide all
necessary information and notices for the conduct of the election; and
WHEREAS, the Board has determined to set the ballot title and content for the ballot
issue to be submitted to the eligible electors at the election to be held on November 7, 2006.
THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF BASALT
REGIONAL LIBRARY DISTRICT, IN THE COUNTIES OF EAGLE AND PITKIN AND
STATE OF COLORADO:
1. An election shall be held on Tuesday, November 7, 2006 at which there shall be
submitted to the eligible electors of the District a ballot issue authorizing an increase in the
District's mill levy for operations and maintenance expenses of the District in connection with a
proposed new regional library facility, which question shall be in the form attached hereto as
Appendix A. Appendix A is hereby incorporated into this Resolution as if set forth in full
herein.
2. The election shall be conducted as a coordinated election in Pitkin and Eagle
Counties in accordance with the Uniform Election Code and Intergovernmental Agreements
(each, an "Intergovernmental Agreement") between the District and the Pitkin County Clerk and
Recorder (the "Pitkin County Clerk") and the between the District and the Eagle County Clerk
and Recorder (the "Eagle County Clerk" and, together with the Pitkin County Clerk, the "County
Clerks").
3. For purposes of c.R.S. 9 1-11-203.5, this Resolution shall serve to set the ballot
title and content of the ballot issue set forth herein and the ballot title shall be the text of the
ballot issue itself.
4. The officers and employees of the District are hereby authorized and directed to
take all action necessary or appropriate to effectuate the provisions of this Resolution.
4823-1836-0577 1
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5. All actions not inconsistent with the provisions of this Resolution, heretofore
taken by the members of the Board and the officers and employees of the District, directed
toward holding the election for the purposes stated herein are hereby ratified, approved and
confirmed.
6. All prior acts, orders or resolutions, or parts thereof, by the District in conflict
with this Resolution are hereby repealed, except that this repealer shall not be construed to revive
any act, order or resolution, or part thereof, heretofore repealed.
7. If any 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 any of the remaining sections, paragraphs, clauses or
provisions of this Resolution, it being the intention that the various parts hereof are severable.
8. This Resolution shall take effect immediately upon its passage.
ADOPTED AND APPROVED this 28th day of August, 2006.
BASAL T REGIONAL LIBRARY DISTRICT,
PITKIN AND EAGLE COUNTIES, COLORADO
[DISTRICT SEAL]
By '--4.-~ -y2/,,"cn<
Presi nt
ATTEST:
4823-1836-05771
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Ballot Issue
APPENDIX A
FORM OF l\rIILL LEVY INCREASE BALLOT ISSUE
SHALL BASALT REGIONAL LIBRARY DISTRICT TAXES BE INCREASED UP TO
$l75,000 A~'NUALL Y (FOR COLLECTION IN CALENDAR YEAR 2008) AND BY SUCH
ADDITIONAL AMOUNTS RAISED ANNUALLY THEREAFTER BY AN AD VALOREM
PROPERTY TAX MILL LEVY IMPOSED AT A RATE OF UP TO 0.55 MILLS FOR THE
COSTS ASSOCIATED WITH THE OPERATION OF THE NEW REGIONAL LIBRARY
FACILITY INCLUDING BUT NOT LIMITED TO REPLACEMENT AND UPKEEP OF
LIBRAR Y FURNISHINGS AND EQUIPMENT, UTILITIES, BOOKS AND OTHER
LIBRARY MATERIALS AND SUPPORT OF LIBRARY PROGRAMS AND SERVICES FOR
THE PATRONS, WHICH INCREASE SHALL BE IN ADDITION TO THE MILL LEVY
CURRENTL Y IMPOSED BY THE DISTRICT; AND SHALL THE REVENUE FROM SUCH
TAXES CONSTITUTE PERMANENT VOTER-APPROVED REVENUE CHANGES WITHIN
THE MEANING OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION
AND AN EXCEPTION TO THE LIMITATIONS SET FORTH IN SECTION 29-1-301 OF
THE COLORADO REVISED STATUTES?
4823-1836-0577. 1