HomeMy WebLinkAboutlibrary.ballot.questionFIRST READING - RESOLUTION SUBMITTING TO THE ELECTORATE AT
AN ELECTION TO BE HELD ON NOVEMBER 2, 2004, A FINANCIAL
QUESTION ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION TO INCREASE PROPERTY TAXES FOR THE PITI(IN
COUNTY LIBRARY
AGENDA ITEM SUMMARY
REGULAR MEETiNG DATE August 11, 2004
AGENDA ITEM TITLE: 1st Reading of Resolution Submitting Ballot
Question to Increase Property Taxes for the Pitkin County Library
STAFF RESPONSIBLE: Kathleen Chandler, County Librarian
DESCRIPTION OF ISSUE:
At the Library Board meeting on August 10, 2004, the Library Board approved the
library mill levy increase question for this November's ballot. As agreed at the work
study session of July 27, 2004, a resolution to place the question on the ballot has been
drafted and is in the Board packet for first reading.
RECOMMENDED BOCC ACTION:
Approve on first reading and set the public hearing for the agenda o£August 25, 2004.
A RESOLUTION OF TRE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
SUBMITTING TO TIt~ ELECTORATE AT AN ELECTION TO BE 1-11*,LD
ON NOVEMBER 2, 2004, A FINANCIAL QUESTION
ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION
TO INCREASE PROPERTY TAXES FOR TIlE PITKIN COUNTY LIBRARY
RESOLUTION NO. -2004
RECITALS
1. The County of Pitldn 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 has requested this Board pursuant to CRS 24-90-112 (1)Co)(B)(lll)
that a tax proposal that requires voter approval pursuant to Section 20 of Article X of the State Constitution
be submitted to the electorate at the election to be held on November 2, 2004.
4. Section 20 of Article X of the State Constitution 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 property tax revenue changes pursuant to Section 20(7)(c).
5. 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, TI{EREFORE, 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, 2004, and does hereby submit to the electorate at such election the
following question:
PITKIN COUNTY LIBRARY TAX
SHALL PITKIN COUNTY LIBRARY TAXES BE INCREASED LIP TO $395,000
ANNUALLY BY THE IMPOSITION OF AN ADDITIONAL PROPERTY TAX LEVY OF LIP
TO 0.24 MILLS COMMENCING WITH THE 2005 COLLECTION YEAR AND
CONTINUING THEREAFTER, FOR THE PURPOSE OF SUPPORTING THE OPERATION
OF THE PITKIN COUNTY 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 INCREASE 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, STATE LAW OR THE COUNTY HOME
RULE CHARTER?
Section 2. PUBLICATION
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 Weekly 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.
The County Clerk shall provide such notices as are required by Section 20(3) (b) of
Article X of the State Constitution.
Section 3. EFFECTiVE DATE
The property tax imposed by this Resolution shall be first levied in 2004 for collection in
2005. The other provisions of this Resolution shall be effective upon adoption.
Section 4. 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 question shall be submitted to the Pitkin
County Clerk and Recorder for inclusion on the November 2, 2004, 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 ON THE llTH
DAY OF AUGUST, 2004.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 14TH DAY OF AUGUST, 2004.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 25TH DAY
OF AUGUST, 2004.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, 1N THE
ASPEN TIMES WEEKLY ON THE DAY OF SEPTEMBER, 2004.
ATTEST:
By
Jeanette Jones
Deputy County Clerk
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:
Dorothea Farris, Chair
Date:
APPROVED AS TO FORM:
j~rney
~ICQ,IAGER APPROVAL:
qHilary Fletcher Smith, County Manager