HomeMy WebLinkAboutbocc.res.072.2025Resolution No.01,f2025
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO ACTING AS EX-OFFICIO BOARD OF
DIRECTORS FOR PITKIN COUNTY TWINING FLATS
GENERAL ROAD IMPROVEMENT DISTRICT
APPROVING THE SUBMISSION TO THE ELECTORATE
OF THE TWINING FLATS ROAD GENERAL
IMPROVEMENT DISTRICT A BALLOT ISSUE TO
INCREASE PROPERTY TAXES FOR THE PURPOSE OF
ROAD MAINTENANCE AND CAPITAL IMPROVEMENT
RESOLUTION NO. 1. 7 , 2025
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;
WHEREAS, 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 Twining Flats General Road Improvement District ("Twining Flats
GRID") is a duly created and organized County Public Improvement District, and;
WHEREAS, The cost of road and bridge maintenance and improvement within the Twining
Flats GRID has exceeded the revenue from the taxes levied and collected from the Twining
Flats GRID;
WHEREAS, The electors within the Twining Flats GRID have been consulted on the need
for this ballot question and were involved in its creation.
WHEREAS, The BOCC acting as Ex-Officio Board of Directors of Twining Flats GRID
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 Twining Flats GRID at the election to be held on November 4, 2025, and;
WHEREAS, Section 20 of Article X of the State Constitution ("TABOR" )# requires voter
approval of certain local government matters including the following:
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a. Approval of a new tax, tax rate increase, mill levy above that for the prior year, or
Resolution No. 7 '_2025
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 Twining FIats GRID Board of Directors finds that it is in the
best interests of the residents of the Twining Flats GRID to approve this Resolution.
WHEREAS, Section 9.1.1 of the HRC 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," and
WHEREAS, The BOCC acting as Ex-Officio Board of Directors of Twining Flats GRID
finds that adoption of this Resolution is necessary for the immediate preservation of the
public health, safety and welfare of the citizens of Pitkin County and the Twining Flats
GRID.
NOW, THEREFORE, BE IT RESOLVED by the Ex-Officio Board of Directors of Twining
Flats 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
Twining Flats GRID at the election on November 4, 2025 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.
2. 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 19 DAY OF 4-1/vs-4 , 2025
AND SET FOR SECOND READING AND PUBLIC HEARING ON THE °d-7XDAY OF
J'vc�c.t� 2025.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE PADAY OF
, 2025.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (wcxw.pitkincountv.comu )
ON THE /14-4 DAY OF Au le � f• 7025.
ADOPTED AFTER FINAL READING ON THE 7-f7" DAY OF 4-Nip 61,
Resolution No. 0/12025
2025.
POSTED BY TITLE AND SHORT SUMMARY AFTER ADOPTION, ON THE
OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) AFTER ADOPTION,
ON THE /i/a' DAY OF ,-c.cjucr,4- 2025.
PUBLISHED BY TITLE AND SHORT SUMMARY AFTER ADOPTION, IN THE
ASPEN DAILY NEWS ON THE y! 'I DAY OF , 2025.
ATTEST:
By
S fi Engen
erk to the Boar
114)
APPRO AS TO FORM:
By:
Richard ei1; 'II
County Attorney
Poem Revised 07/15/2025
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BOARD OF COUNTY COMMISSIONERS
By:
Kelly McNicholas Kury, Char
Date: ,4Vbvs- a�i ao s-
MANAGER APPROVAL
Jon Peacock, County Manager
Resolution No. l -20/5
Attachment A
SHALL THE TWINING FLATS ROAD GENERAL IMPROVEMENT DISTRICT
TAXES BE INCREASED $29,210 (FIRST FULL FISCAL YEAR DOLLAR INCREASE)
BEGINNING IN LEVY YEAR 2025 (FOR COLLECTION IN CALENDAR YEAR 2026)
AND BY WHATEVER AMOUNTS AS MAY BE GENERATED ANNUALLY FOR
ALL FUTURE PROPERTY TAX YEARS THEREAFTER BY INCREASING THE MILL
LEVY FROM 2.769 TO 5.769 MILS FOR THE PURPOSE OF IMPROVING AND
MAINTAINING TWINING FLATS ROAD IN THE TWINING FLATS GENERAL
ROAD 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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