HomeMy WebLinkAboutbocc.res.078.2012 A RESOLUTION OF THE BOAR.D QF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO,
SUBMITTING TO THE ELECTORATE AT THE ELECTION TO BE HELD ON
NOVEMBER 6,2012,A QUESTION REGARDING A PROPERTY TAX INCREASE
FOR THE PITKIN COUNTY LIBRARY
R.ESOLUTION NO. ��-2012
RECITALS
1. The County of Pitkin in the State of Colorado (the"County" and the"State,"
respectively) is a duly created political subdivision of the State, organized and operating as a
home rule county pursuant to the general statutes of the State and a county home rule charter(the
"Charter") adopted pursuant to the Colorado County Home Rule Powers Act.
2. The members of the Board of County Commissioners of the County (the "Board") have
been duly elected,chosen and qualified.
3. The Pitkin County Library Board of Trustees has requested, in accordance with C.R.S. §24-
90-109(4), that an election be held to increase the property tax levied to support the Pitkin County
Library by $141,000 in collection year 2013 and by the same amount, adjusted for inflation and
local growth, in each subsequent year,due to a planned expansion and improvement of the library.
4. This tax proposal requires voter approval pursuant to Section 20 of Article X of the State
Constitution and Article IX of the Charter, and the Board desires to submit such proposal to the
electorate at the election to be held on November 6, 2012.
5. Section 20 of Article X of the State Constitution ("TABOR") requires voter approval of
certain local government matters including the following:
a. approval of a new tax, tax rate increase, mill levy above that for the prior year, or
extension of an expiring tax, or a tax policy change directly causing a net tax
revenue gain pursuant to Section 20(4)(a);
b. approval of revenue changes pursuant to Section 20(7).
6. Section 9.1.1 of the Charter provides in part that"except as provided in 9.1.3,no increase in
the rate or levy of any tax imposed or collected by the County...and no new or additional tax may be
levied or collected unless and until such increase, change or new or additional tax is submitted to
and approved by a majority of those actually voting in an election on such issue."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO:
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1. The Board has deterznined, and hereby determines that the interest of the County and the
public interest and necessity require the submittal of this tax proposal to the electorate at the
general election to be held on November 6, 2012.
2. The question to be submitted to the electorate shall be as set forth in Attachment A to this
resolution.
3. For purposes of C.R.S. § 1-11-203.5,this Resoiution shall serve to set the ballot title and the
ballot issue for the ballot question, and the ballot title for the ballot question shall be the text of the
ballot question itself.
4. The County Clerk shall provide such notices as are required by Section 20(3)(b) of Article
X of the State Constitution.
5. The officers of the County are hereby authorized and directed to take aIl action necessary or
appropriate to effectuate the provisions of this Resolution.
6. If any section, paragraph, clause or provision of this Resolution or ballot question 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 provisions of this Resolution or
the ballot question, as applicable.
7. This Resolution shall be in full force and effect immediately upon its final adoption.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 8TH DAY OF
AUGUST 2012.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED 1N THE ASPEN TIMES WEEKLY ON THE 9TH DAY OF
AUGUST 2012.
A OPTED AFTER FINAL READING AND PUBLIC HEARING ON THE �DAY OF
� G �,2012.
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PUBLISHED BY TITLE AND SHORT SU MARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE��DAY OF USf , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
;i �� .
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B �4 By .
Jean te Jones ichael M. Owsley,Chairm ,
Dep County Clerk Date: `n"�a/' �O/y
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APPROVED AS TO FORM: MANAGER APPROVAL:
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Jo6n , ttorney Jon Peacock, ounty Manager
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Attachment A
PITKIN COUNTY LIBRARY DISTRICT
SHALL TAXES FOR THE PITKIN COUNTY LIBRARY DISTRICT BE INCREASED
$141,000 ANNUALLY BY AN INCREASE IN THE LIBRARY'S PROPERTY TAX LEVY IN
THE 2013 COLLECTION YEAR, AND THE SAME AMOUNT THEREAFTER, ADJUSTED
ANNUALLY FOR 1NFLATION AND LOCAL GROWTH, FOR THE PURPOSE OF
SUPPORTING THE OPERATION OF AN IMPROVED, RENOVATED AND EXPANDED
LIBRARY;
AND SHALL THE PITKIN COUNTY LIBRARY BE ENTITLED TO COLLECT, RETAIN,
AND SPEND THE FULL REVENUES FROM SUCH TAX INCREASE AS A VOTER-
APPROVED REVENUE CHANGE REGARDLESS OF WHETHER THE ANNUAL
REVENUES FROM SUCH TAX 1NCREASE IN ANY YEAR AFTER THE FIRST FULL
YEAR IN WHICH IT IS IN EFFECT EXCEED THE ESTIMATED DOLLAR AMOUNT
STATED ABOVE AND NOTWITHSTANDING ANY REVENUE OR EXPENDITURE
LIMITATION IN THE STATE CONSTITUTION, CRS SECTION 29-1-301 OR ANY OTHER
STATE LAW, OR THE COUNTY HOME RULE CHARTER?
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