HomeMy WebLinkAboutR02-123 Open Space Ballot Question:~
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Commissioner ~ ~ moved
adoption of the following olution:
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NU. 02 - ~_
A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED
QUALIFIED ELECTORS OF EAGLE COUNTY, COLORADO, A QUESTION TO
AUTHORIZE A PROPERTY TAX INCREASE OF UP TO 1.5 MILLS, SAID QUESTION TO
BE SUBMITTED AT THE ELECTION TO BEHELD NOVEMBER 5, 2002; PRESCRIBING
THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION,
PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY
CLERK AND RECORDER.
WHEREAS, pursuant to Section 30-11-107(d) C.R.S., the Eagle County Board of
County Commissioners (hereinafter `Board") is authorized to apportion and order the levying of
taxes as provided bylaw; and
WHEREAS, a group of local citizens known as the Citizens for Open Space have
requested that the Commissioners submit to the registered qualified electors of Eagle County a
question to authorize a 1.5 mill increase in the ad valorem property tax mi111ery to fund the
acquisition and maintenance of open space; and
WHEREAS, the Boazd is authorized to increase the mill levy, provided that the question
of increasing said levy is first submitted to and approved by a majority of the registered qualified
electors of Eagle County voting on such a question; and
WHEREAS, such an increase in property taxes shall not be levied until the proposal has
been referred to and approved by the registered electors of the County in accordance with the
provisions of Article X, Section 20 of the Colorado Constitution; and
WHEREAS, the Boazd has agreed to submit the question to the registered qualified
electors of Eagle County for approval or disapproval; and
WHEREAS, the proposal for a sales tax increase maybe submitted at the election to be
held November 5, 2002; 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 property tax levy,
including interest and other earnings, if approved by the electors of the County, would be
credited to a special fund in the County treasury to be known as the Open Space Fund. This
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Fund, when created, shall be used only for the acquisition and maintenance of open space.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
Section I. Certification of Question to Clerk and Recorder for Election. The following
question is hereby certified to the Eagle County Clerk and Recorder and shall be presented at the
election to beheld on Tuesday, November 5, 2002. Such notices as are required by Article X,
Section 20 of the Colorado Constitution shall be provided by the Clerk and Recorder.
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:
QUESTION:
SHALL EAGLE COUNTY TAXES BE INCREASED IN 2003 UP TO A IVZA.~S:IMUM
AMOUNT OF $2,989,525 AND ANNUALLY THEREAFTER UP TO A MA~GMUM
AMOUNT OF $7,000,000 ANNUALLY THROUGH 2025, SUCH TAXES TO CONSIST OF
AN AD VALOREM TAX MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE
COUNTY AT A RATE NOT IN EXCESS OF 1.5 MII,LS, TO BE USED FOR THE PURPOSE
OF ACQUIl2ING, MAINTAII~TING, OR PE~NTLY PRESERVING OPEN SPACE IN
EAGLE COUNTY SUCH AS: PRESERVING WILDLIFE HABITAT, PROTECTING
WORKING FARMS AND RANCHES, CONSERVING SCENIC LANDSCAPES AND
VISTAS, PROTECTING WETLANDS AND FLOODPLAINS, PROVIDING PUBLIC
ACCESS POINTS TO RIVERS AND STREAMS, AND SERVICING FUTURE VOTER-
APPROVED DEBT FOR THE ABOVE STATED PURPOSE; AND SHALL ALL REVENUE
EXPENDITURES BE MADE BY THE BOARD OF COUNTY COMMISSIONERS AFTER
CONSIDERING THE RECOMMENDATIONS OF A CITIZENS ADVISORY CONIlVIlTTEE;
AND, IN CONNECTION THEREWITH, AS AVOTER-APPROVED REVENUE CHANGE,
SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT INCOME THEREON BE
COLLECTED AND SPENT BY THE COUNTY IN 2003 AND IN EACH YEAR
THEREAFTER, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR
OTHER LIlvIITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION, OR ANY OTHER LAW AS IT CURRENTLY EXISTS OR
AS IT MAYBE AMENDED 1N THE FUTURE AND WITHOUT LIMITING IN~ANY YEAR
THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED AND SPENT BY
THE COUNTY?
Yes (For Tax Increase) No (Against Tax Increase)
Section 3. 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.
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MOVED, READ AND ADOPTED by the Board of County Commission ers of the
County of Eagle, State of Colorado, at its regulaz meeting held the ~~~( day o~~_, 2002.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF CO~JNTY COMMISS]
By:
Michael L. Gallagher
C i an
w
Arn M. enconi
Commissioner
Tom .Stone
Commissioner
Commissioner ~Q seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Gallagher
Comrnissianer Menconi
Commissioner Stone ____~~
This Resolution passed by ~ ' ~ vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
County Commissioners