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HomeMy WebLinkAboutbocc.res.150.1999A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, SUBMITTING TO THE QUALIFIED REGISTERED VOTERS OF THE COUNTY OF PITKIN, STATE OF COLORADO, AT THE ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 1999, AN AMENDMENT TO THE CHARTER OF PITKIN COUNTY, COLORADO, AMENDING ARTICLE NO. XIII ENTITLED "OPEN SPACE/TRAILS"; TO REAUTHORIZE THE OPEN SPACE/TRAILS PROGRAM AND TO ENACT ADDITIONAL PERMANENT PROTECTIONS FOR OPEN SPACE LANDS AND TRAILS; AND TO AUTHORIZE A PROPERTY TAX LEVY OF UP TO 3.75 MILLS AND THE INCURRENCE OF A GENERAL OBLIGATION INDEBTEDNESS IN THE AMOUNT OF UP TO $12,000,000, FOR THE CONTINUED ACQUISITION, IMPROVEMENT, MANAGEMENT AND MAINTENANCE OF OPEN SPACE AND TRAILS; AND TO AUTHORIZE THE PLEDGE OF PROPERTY TAX FUNDS TO SECURE SUCH INDEBTEDNESS. RESOLUTION NO. 99-/. d WHEREAS, the Pitkin County Open Space/Trails Program, approved by the electorate and established in 1990, has successfully acquired, protected, improved and maintained critical open space and trails properties of immeasurable and lasting value to the citizens of Pitkin County; and WHEREAS, the Open Space/Trails Board of Trustees and the Board of County Commissioners are of the opinion that, to support the Open Space/Trails Program, a property tax should continue to be levied for this purpose; and WHEREAS, pursuant to Section 6 of Resolution No. 90-93, the property tax levy of 2.5 mills imposed to fund the Pitkin County Open Space/Trails Program terminates in 1999 (for collection in 2000); and WHEREAS, the Board of County Commissioners is of the opinion that the continued acquisition and preservation of open space and trails pursuant to that Program will continue to have a significant beneficial impact on the future of Pitkin County and that the Board therefore has a duty to act as steward of such lands and trails for its present and future citizens; and WHEREAS, the acquisition and maintenance of significant open space areas and trails in and around Pitkin County will continue to be more competitive, time-consuming and expensive as a result of market factors; and WHEREAS, the Board of County Commissioners desires that major responsibility for the open space and trails program continue to be vested in an appointed citizen Open Space/Trails Board of Trustees; and 1 WHEREAS, the priorities, purposes and functions of the Open Space/Trails Board of Trustees must be reauthorized and its funding extended so as to further Pitkin County planning and land use policies shaping the development of Pitkin County; limiting development in areas of critical wildlife habitat, viewplane corridors and gateways to public lands; preventing the encroachment of floodplain and riparian areas; and preserving historic agricultural and ranching activities; and WHEREAS, additional public funds must therefore be secured which are earmarked for open space and trail acquisition, improvement, management and preservation; and WHEREAS, the Colorado County Home Rule Powers Act, at C.R.S. § 30-35-201, grants the following powers to the County: —(29) Parks — recreational facilities — conservation easements. (a) To acquire, establish, and maintain such lands, or interests in land, within the county as in the judgment of the governing body may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways or for park or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest. (33) Acquisition and bonds submitted to electors. (a) For any of the purposes named in subsection (29) of this section within the county limits, to acquire, by purchase, gift, devise, or exchange, lands, or interests in land, which may be necessary, suitable, or proper. No lands or interests in land shall be so acquired by purchase unless the governing body has adopted an ordinance in accordance with the provisions of subsection (30) of this section. No indebtedness shall be created nor shall any bonds be issued for acquiring such lands or interest in land, unless the question of incurring such debt and issuing such bonds shall have been submitted at a regular election to a vote of those persons qualified to vote on authorization of other bonded indebtedness and approved as required by subsection (6) of this section; and WHEREAS, the Board of County Commissioners of Pitkin County, Colorado, pursuant to Section 7.2.11 of the Pitkin County Home Rule Charter, "on its own motion, shall have the power to submit to a general or special election any proposed resolution or question to the vote of the people"; and WHEREAS, Sections 8.1.1, 8.1.5, 9.1.1, and 10.1.1 of the Pitkin County Home Rule Charter provide as follows: 8.1.1 — Action to amend a charter shall be initiated by:... A resolution adopted by the Board of County Commissioners submitting the proposed amendment to the qualified electors. 2 8.1.5 — If a majority of the registered qualified electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved... 9.1.1 — Limitation of Tax Levy: Except as provided in 9.1.3, no increase in the rate or levy of any tax imposed or collected by the County of Pitkin shall exceed the levy or rate of the tax imposed or levied during the calendar year 1979, 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. 10.1.1 — Limitations on Borrowing: No income, sales, excise, property, transfer or any other tax, whether now in force or a new tax, shall be committed in favor of any debt of the County unless and until the commitment of the tax to the indebtedness and the indebtedness shall be submitted to and approved by a majority of the electors voting at an election called for such purpose"; and WHEREAS, Section 20 of Article X of the State Constitution requires voter approval of certain local government matters including the following: a. approval of any 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, and b. creation of any multiple fiscal year direct or indirect debt, and c. approval of property tax revenue changes pursuant to Section 20(7)(c); and WHEREAS, pursuant to the State Constitution, statute and the Home Rule Charter, the Board of County Commissioners has determined to submit the question of reauthorizing the Open Space/Trails Program and Board of Trustees, extending and increasing the property tax mill levy, and issuing general obligation indebtedness for open space and trails to the registered qualified electors of Pitkin County at an election to be held in the County on November 2, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO THAT: Section 1 BALLOT QUESTION The Board of County Commissioners of Pitkin County, Colorado does hereby call for an election on November 2, 1999, and does hereby submit to the electorate at such election, in order to satisfy the requirements of Articles 6-10 of the Pitkin County Home Rule Charter, the following question: 3 REAUTHORIZING COUNTY OPEN SPACE AND TRAILS PROGRAM FUNDING FOR TEN YEARS — CHARTER AMENDMENT, PROPERTY TAX LEVY, AND GENERAL OBLIGATION INDEBTEDNESS SHALL EXISTING PITKIN COUNTY TAXES OF $2.8 MILLION BE INCREASED UP TO $5.6 MILLION ANNUALLY FOR THE PURPOSE OF CONTINUING TO FUND THE PURCHASE, IMPROVEMENT, AND MAINTENANCE OF OPEN SPACE AND TRAILS BY THE EXTENSION OF THE EXISTING PROPERTY TAX LEVY OF 2.5 MILLS AND THE IMPOSITION OF AN ADDITIONAL PROPERTY TAX LEVY OF UP TO 1.25 MILLS FOR A TOTAL OF UP TO 3.75 MILLS FOR TEN YEARS, COMMENCING WITH THE TAX YEAR 2000 (COLLECTION TO BEGIN IN 2001) AND CONTINUING THEREAFTER THROUGH THE TAX YEAR 2009 AT A LEVY OF UP TO 3.75 MILLS BUT NO LESS THAN 2.5 MILLS; AND SHALL PITKIN COUNTY BE ENTITLED TO COLLECT, RETAIN, AND SPEND ON BEHALF OF THE OPEN SPACE AND TRAILS PROGRAM THE FULL REVENUES FROM THE PROPERTY TAX LEVY OF UP TO 3.75 MILLS REGARDLESS OF WHETHER THE ANNUAL REVENUES FROM SUCH TAX INCREASE IN ANY YEAR AFTER THE FIRST FULL YEAR IN WHICH IT IS IN EFFECT EXCEED THE ESTIMATED DOLLAR AMOUNT STATED ABOVE AND REGARDLESS OF WHETHER ANY SUCH INCREASE EXCEEDS THE REVENUE LIMITATIONS CONTAINED IN THE COUNTY HOME RULE CHARTER, STATE LAW OR THE STATE CONSTITUTION; AND SHALL PITKIN COUNTY DEBT BE INCREASED $12 MILLION WITH A MAXIMUM REPAYMENT COST OF UP TO $34 MILLION, AND SHALL PITKIN COUNTY TAXES BE INCREASED UP TO $1,300,000 ANNUALLY AND BE LEVIED IN ANY YEAR WITHOUT LIMITATION AS TO RATE OR AMOUNT TO REPAY SUCH DEBT, WITH THE ACTUAL PROPERTY TAX LEVY REQUIRED TO REPAY SUCH DEBT AND THE DEBT PREVIOUSLY APPROVED BY THE ELECTORATE ON NOVEMBER 6, 1990, ANNUALLY DEDUCTED TO REDUCE THE LEVY OF UP TO 3.75 MILLS AUTHORIZED ABOVE; SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OR NOTES IN ONE OR MORE SERIES, WITH OR WITHOUT A PREMIUM FOR REDEMPTION PRIOR TO MATURITY, WITH A NET EFFECTIVE INTEREST RATE NOT TO EXCEED 8.5% AND A MAXIMUM TERM OF 31 YEARS, AND UPON SUCH OTHER TERMS AS THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY MAY DETERMINE; ALL FOR THE PURPOSE OF FUNDING THE PURCHASE, IMPROVEMENT AND MAINTENANCE OF OPEN SPACE AND TRAILS; AND SHALL ARTICLE XIII OF THE PITKIN COUNTY HOME RULE CHARTER BE AMENDED TO REAUTHORIZE AND AUGMENT THE OPEN SPACE/TRAILS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF RESOLUTION 99- ? Section 2. CHARTER AMENDMENT. The Pitkin County Home Rule Charter shall be amended, upon approval of the electorate at the November 2, 1999, election, amending only the following provisions of Article XIII entitled "Open Space/Trails": 4 13.1 Open Space/Trail Funds — Restrictions. All funds from the increase in the mill levy and the issuance of general obligation debt, approved by the electorate November 6, 1990 and November 2, 1999 shall be utilized solely for the following purposes and according to the following restrictions: 13.1.1 Separate Fund. Funds shall be deposited in a separate Open Space/Trails Fund ("the Fund") and shall, together with all interest or other earnings thereon, be earmarked for and restricted to the acquisition, improvement and maintenance of open space and trails and directly related expenses, including necessary staffing and services, and the payment of debt issued therefor and the costs of such issuance, and such Fund shall not be spent for other purposes under any circumstances. 13.1.2 Allocations to Acquisitions and Improvements of Open Space and Trails. Seventy five percent (705%) of the revenue collected shall be set aside exclusively for the acquisition and improvement of real property or interests therein for open space uses and purposes, as defined in Section 13.5.1 (1-5), and twenty percent (20%) of the revenue collected shall be set aside exclusively for the acquisition and improvement of real property or interests therein for trail and trailhead uses and purposes, as defined in Section 13.5.1 (6-8). Such acquisitions and improvements shall be selected and determined by the Board of County Commissioners from a list of recommended acquisitions and improvements developed by the Open Space/Trails Board to carry out the purposes of the Open Space/Trails Program set forth in Section 13.5.1. 13.1.3 Allocations to Maintenance of Open Space and Trails. TenFive percent (4-05%) of the revenue collected shall be set aside exclusively for managing, maintaining, rehabilitating and preserving County open space and trails, either acquired from the Open Space/Trails Fund or acquired from other sources and designated from time to time by the Board of County Commissioners after consulting with the Open Space/Trails Board, but such revenue shall not be used to replace existing funding for the maintenance of Open Space and Trails. For purposes of this Section, maintenance shall also include both fostering stewardship of public and private open space lands and promoting public education and awareness of the benefits of preserving open space and trails. 13.1.4 Upon approval of the Board of County Commissioners, after consulting with the Open Space/Trails Board, the percentage revenue allocations in Sections 13.1.2 and 13.1.3 may be increased or decreased by up to 10% for any time period; however, the allocation in Section 13.1.3 shall never be less than 5%. 10%. This effectively creates allocation ranges of 60- 5 S85-85% for open space, 10-30% for trails and 10 205 15% for maintenance. 13.1.5 Funds collected from the issuance of general obligation debt may be used for the refunding or issuance costs of such debt or for the acquisition or improvement of specific open space and/or trails properties without being subject to the percentage revenue allocations set forth in Sections 13.1.2, 13.1.3 and 13.1.4. However, any funds collected from the issuance of general obligation debt that are not to be used exclusively for such purposes shall be subject to the percentage revenue allocations set forth in Sections 13.1.2, 13.1.3 and 13.1.4. 13.3 Open Space/Trails Board of Trustees. The Pitkin County Open Space/Trails Board of Trustees be, established by the Board of County Commissioners, following approval of the electorate at the November 6, 1990 general--elestienand November 2,1999, elections, shall operate as follows: 13.3.1 Qualifications. Five Trustees shall be appointed by the Board of County Commissioners, one of whom shall reside in each Commissioner District. Each Trustee shall hold no other County or municipal office, shall not be employed by a municipality or county, and shall serve without pay. 13.3.2 Term of Office. Each Trustee shall be appointed for a term of five (5) years, staggered so that one term expires each year, so that initial appointments shall be for five, four, three, two and one year, respectively. 13.3.3 Functions of the Board. The Open Space/Trails Board of Trustees shall: (1) Establish priorities and criteria for the acquisition of Open Space and of Trails and for the management and maintenance of all properties acquired with expenditures from the Open Space/Trails Fund. (2) Review Open Space/Trails elements of Comprehensive and Area plans and make recommendations concerning any open space -related changes to plans. (3) Make recommendations to the Planning and Zoning Commission as warranted regarding open space/trails impacts of applications filed under the Pitkin County Land Use Code and regarding exactions or dedications required to fulfill the goals of the Open Space and Trails Program, as established in this Article XIII. 6 (4) Make recommendations to the Board of County Commissioners for the acquisition of specific fee interests, options, easements, or other interests in real property from expenditures from the Open Space/Trails Fund. (5) Establish relationships with local and regional land trusts to more effectively discharge Board responsibilities. (6) Make recommendations to the Board of County Commissioners for the hiring of a Director and such other Open Space/Trails Program staff as is necessary to accomplish the purposes of this article and participate in performance reviews of Open Space/Trails Program staff. 13.3.4 Staff Support. The Board of County Commissioners shall employ Open Space/Trails Program staff, including a Director, from among a list of persons recommended by the Open Space/Trails Board of Trustees. The Director may not be terminated without cause by the Commissioners without the consent of the Open Space/Trails Board of Trustees. designate staff to Such staff shall carry out the following responsibilities: (1) Implement the decisions and directives and carry out the administrative functions of the Open Space/Trails Board. (2) Oversee the management and maintenance of open space lands and trails acquired with Open Space/Trails Funds. (3) Review and comment as warranted on all development applications impacting existing and planned open space lands and trails. 13.4 [There is no 13.4] Section 3. CALCULATION OF TAX LEVY. The ad valorem tax pledged to secure the general obligation indebtedness authorized herein and at the election on November 6, 1990, shall be without limitations as to levy or amount. However, the actual levy required to service such debt shall annually be deducted from 3.75 mills to establish the remaining maximum levy authorized herein. Section 4. PUBLICATION 7 Pursuant to C.R.S. § 1-5-205, a notice of the election including the date, hours, polling places, and questions submitted shall be published one time in The Aspen Times and shall be posted in a conspicuous place at the County Clerk's office at least 10 days before the date of the election and until after the election. Pursuant to C.R.S. § 30-11-506 (3a) and Section 8.1.3 of the Home Rule Charter, a notice of the election including the full text of the ballot question and the proposed amendment to Home Rule Charter shall be published one time in The Aspen Times, Such notices as are required by Section 20(3)(b) of Article X of the State Constitution shall be provided by the County Clerk. Section 5, EFFECTIVE DATF, The property tax imposed by this Resolution shall be first levied in 2000 for collection in 2001. The other provisions of this Resolution shall be effective upon adoption. Section 6. TERMINATION The property tax imposed by this Resolution shall continued to be levied through 2009 (for collection in 2010), unless and until amended or repealed by a majority of the registered electors of Pitkin County, Colorado at an election held for such purpose. However, so long as there remain outstanding any bonds or obligations of the County having a lien on the proceeds of all or any portion of this property tax, neither shall the property tax be repealed, nor shall the application of the proceeds derived from such tax be changed in any way which would materially adversely affect the security of such bonds or obligations. Section 7. SEVERABILITY If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provisions or application, and to this end the provisions of this Resolution are declared to be severable. BE IT FURTHER RESOLVED that said ballot questions shall be submitted to the Pitkin County Clerk and Recorder for inclusion on the November 2, 1999, election ballot, and that said Clerk and Recorder shall cause the text of this question to be published as provided above; BE IT FURTHER RESOLVED that the votes cast for adoption or rejection of said ballot questions shall be canvassed and the result determined in the manner provided by law. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING ON THE 11TH DAY OF AUGUST, 1999. 8 NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 21 ST DAY OF AUGUST, 1999. AMENDED ON SECOND READING AT A SPECIAL MEETING ON THE 2ND DAY OF SEPTEMBER, 1999. APPROVED AND ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 8TH DAY OF SEPTEMBER, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 25TH DAY OF SEPTEMBER, 1999. ATTEST: Je•'ette ones Duty Clerk & R•'order APPROVED AS TO FORM: John Ely Co u orney APPROVED AS TO CONTENT: Zit L3 Tom Oken Administrative Services Director 9 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Leslie J. Lamont,(Qhairperson Date. qci MANAGER APPROVAL: S e S. Konch Co ty Manager Dale Will Director of Open Space and Trails 9 d/1,_