HomeMy WebLinkAboutRestone Ranch Acres RESOLUTION OF THE BOARD OF COUNTY
CO-.NIMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO ACTING AS EX-OFFICIO BOARD OF
DIRECTORS FOR PITKIN COUNTY REDSTONE
RANCH ACRES ROAD GENERAL IMPROVEMENT
DISTRICT APPROVING THE SURTNIISSION TO THE
ELECTORATE OF THE REDSTONE RANCH ACRES
ROAD GENERAL IMPROVEMENT DISTRICT A
BALLOT QUESTION TO INCREASE PROPERTY
TAXES FOR THE PITRPOSE OF ROAD
MAINTENANCE AND CAPITAL IMPROVEMENT
RESOLUTION NO, 2021
RECITALS
WHEREAS. Pursuant to Section -2.8.3 (Actions) of the Pitkin County Home Rule Charter
(*'HRC") official action by formal resolution shall be required for all actions of the Board
not requiring ordinance power on matters of significant Importance affecting citizens, and,
WHEREAS. The members of the Board of County Commissioners of the County
("BOCC") have been duly elected. chosen and qualified. and,
VNIHEREAS, The BOCC shall constitute ex-officio the board of directors of County Public
Improvement Districts pursuant to C.R.S. § 30-20-510, and,
WHEREAS, The Redstone Ranch Acres Road General Improvement District ("RRA GID-)
is a duly created and organized County Public hilprovement District. and:
WHEREAS, The cost of road and bridge maintenance and improvement within the RRA
GID has exceeded the revenue from the taxes levied and collected from the RRA GID;
WHEREAS, The electors within the RRA GID have been consulted on the need for this
ballot question and were involved in its creation.
WHEREAS, Tile BOCC acting as Ex-Officio Board of Directors of RRA GID has a tax
proposal increasing property taxes for the purpose of road maintenance and capital
improvement that requires voter approval pursuant to Section 20 of Article X of the State
Constitution and Article IX of the HRC, and desires to submit such proposal to the
electorate of the RRA GID at the election to be held on November 2, 2021, and;
WHEREAS. 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).
WHEREAS, The Ex-officio RRA GID Board of Directors finds that it is in the best
interests of the citizens of the RRA GID to approve this Resolution.
WHEREAS, Section 9.1.1 of the HRC provides in part that"exceptas 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." and
WHEREAS. The BOCC acting as Ex-Officio Board of Directors of RRA GID finds that
adoption of this ordinance is necessary for the lillniediate preservation of the public health,
safety and welfare of the citizens of Pitkin County and the RRA GID.
NOW. THEREFORE. BE IT RESOLVED by the Ex-Officio Board of Directors of
Redstone Ranch Acres of Pitkin County. Colorado:
1. That a ballot question authorizing a mill levy increase in the form attached hereto as
Exhibit A be certified to the County Clerk and submitted to the electorate of RRA
GID at the election on November 2. 2021 and authorizes the Chair to sign the
Resolution and-upon the satisfaction of the County Attorney as to form, execute any
other associated documents necessary to complete this matter.
I 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.
3. This Resolution shall be effective immediately upon its final adoption.
INTRODUCED AND FIRST READ ON THE DAY OF . 2021
AND SET FOR SECOND READING AND PUBLIC HEARING ON THE DAY
OF 2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION, PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY
OF 2021.
NOTICE OF PUBLIC HEARING AND THE FU LL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (yNvNv.j)itkiiicountv.coni
O'TNTTHE DAY OF 2021.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE
DAY OF 2021,
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE ) ON THE DAY OF 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY. AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE , DAY OF 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
EX-OFFICIO RRA BOARD OF
DIRECTORS
By Jeanette Jones BY:Kelly McNicholas Kury, Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
Laura C. Makar, Jon Peacock, County Manager
Assistant County Attorney
Revised 01-01-2021
Attaclunent A
SHALL REDSTONE RANCH ACRES ROAD GENERAL IMPROVEMENT DISTRICT
TAXES BE INCREASED $20.165 (FIRST FULL FISCAL YEAR DOLLAR INCREASE)
BEGINNING IN LEVY YEAR 2021 (FOR COLLECTION IN CALENDAR YEAR 2022)
AND BY WHATEVER AMOUNTS AS MAY BE GENERATED ANNUALLY
THEREAFTER BY INCREASING THE MILL LEVY FROM 4.913 TO 15 MILLS FOR
THE PURPOSE OF IMPROVING AND MAINTAINING THE STREETS AND
BRIDGES WITHIN THE REDSTONE RANCH ACRES ROAD GENERAL
IMPROVEMENT DISTRICT AND SHALL ALL REVENUE AND ANY EARNINGS ON
THIS TAX CONSTITUTE A PERMANENT VOTER-APPROVED REVENUE CHANGE
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,AND ANY OTHER
LAW?
YES
NO
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