HomeMy WebLinkAboutbocc.res.098.2006
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,
SUBMITTING TO THE ELECTORATE AT THE ELECTION TO BE HELD ON
NOVEMBER 7, 2006, REFERENDUM IB WHICH REAUTHORIZES THE OPEN
SPACE/TRAILS PROGRAM BY AMENDING ARTICLE XIII OF THE COUNTY
CHARTER, EXTENDING A PROPERTY TAX LEVY OF UP TO 3.75 MILLS FOR TEN
YEARS, AND AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION DEBT
IN AN AMOUNT UP TO $20 MILLION.
RESOLUTION NO. tJ1'? -2006
RECITALS
1. 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
2. The Open Space/Trails Board of Trustees and the Board of County Commissioners are of
the opinion that, to support the Open SpacelTrails Program. a property tax should
continue to be levied for this purpose; and
3. Pursuant to Section 6 of Resolution No.99-150, the property tax levy of up to 3.75 mills
imposed to fund the Pitkin County Open Space/Trails Program terminates in 2009 (for
collection in 2010); and
4. 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
5. 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
6. Additional public funds must therefore be secured which are earmarked for open space
and trail acquisition, improvement, management and preservation; and
7. The Colorado County Home Rule Powers Act, at C.R.S. 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
I
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
8. 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
9. 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.
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
10. Section 20 of Article X of the State Constitution requires voter approval of certain local
government matters including the following:
2
~
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
11. 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, extending the property tax mill levy, and issuing general obligation
indebtedness for open space and trails to the registered qualified electors of Pitkin County
at a general election to be held in the County on November 7, 2006.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that:
Section 1. BALLOT OUESTION
The Board of County Commissioners of Pitkin County, Colorado does hereby submit to
the electorate at the general election on November 7, 2006, the following question:
REAUTHORIZING COUNTY OPEN SPACE AND TRAILS PROGRAM FUNDING FOR
TEN YEARS - CHARTER AMENDMENT, PROPERTY TAX LEVY, AND GENERAL
OBLIGATION DEBT
SHALL PITKIN COUNTY DEBT BE INCREASED $20 MILLION WITH A MAXIMUM
REPA YMENT COST OF UP TO $56 MILLION, AND SHALL PITKIN COUNTY TAXES BE
INCREASED UP TO $2,100,000 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 DEBT PREVIOUSLY
APPROVED BY THE ELECTORATE FOR OPEN SPACE AND TRAILS, ANNUALLY
DEDUCTED TO REDUCE THE LEVY OF UP TO 3.75 MILLS AUTHORIZED BELOW;
SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION
BONDS OR NOTES IN ONE OR MORE SERIES AND WITH OR WITHOUT A PREMIUM
FOR REDEMPTION PRIOR TO MATURITY; ALL FOR THE PURPOSE OF FUNDING THE
PURCHASE, IMPROVEMENT AND MAINTENANCE OF OPEN SPACE AND TRAILS;
AND
SHALL THE EXISTING PITKIN COUNTY OPEN SPACE AND TRAILS PROPERTY TAX
LEVY OF 3.75 MILLS BE EXTENDED FOR TEN YEARS, COMMENCING WITH THE
TAX YEAR 2010 (COLLECTION TO BEGIN IN 2011) AND CONTINUING THEREAFTER
THROUGH THE TAX YEAR 2019, AT A LEVY OF UP TO 3.75 MILLS BUT NOT LESS
THAN 2.5 MILLS; AND SHALL PITKIN COUNTY BE ENTITLED TO COLLECT, RETAIN,
3
3
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 LEVY EXCEED THE REVENUE
LIMITATIONS CONTAINED IN THE COUNTY HOME RULE CHARTER, ST ATE LAW OR
THE ST ATE CONSTITUTION; AND
SHALL ARTICLE XIII OF THE PITKIN COUNTY HOME RULE CHARTER BE AMENDED
TO REAUTHORIZE AND AUGMENT THE OPEN SPACEITRAILS PROGRAM IN
ACCORDANCE WITH THE PROVISIONS OF RESOLUTION {1q~ -2006?
Section 2. CHARTER AMENDMENT. The Pitkin County Home Rule Charter shall be
amended, upon approval of the electorate at the November 7, 2006, election, amending as
indicated only the following provisions of Article XIII entitled "Open Space/Trails";
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, and November 7. 2006, 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 (75%) of the revenue collected shall be set aside
exclusively for the acquisition and improvement of real property, water
~ or interests therein, which interests shall include, but are not limited
to. mineral rights, for open space uses and purposes, as defined in Section
13.5.1 (1-5 and 10), 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 (6-2), 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. Five percent (5%)
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
4
1
sources and designated from time to time by the Board of County
Commissioners after consulting with the Open Space/Trails Board, and
trails made available to the public by other public and private entities. Such
revenue shall not be used to replace existing funding for the maintenance
of Open Space and Trails except for the maintenance of Nordic trails, which
prior to 2006 were maintained with funds from other local government
sources. 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%. This effectively creates allocation ranges .of 65-85% for
open space, 10-30% for trails and 5-15% for maintenance.
13.1.5 Funds collected from the issuance of general obligation debt may be used
for the refunding---er- and issuance costs of such debt---er- and for the
acquisition, er--improvement and capital maintenance of speeific open
space andlef 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 foods colleeted from the issulIRce of gelleral obligation debt
that are not to be used exelusively for such plli'floses shall be slIbject t-o the
perceffiage re'/effile allocations set forth in Sections 13.1.2, 13.1.3 and
13.1.1.
13.2 Open Space/Trails - Definitions.
13.2.1 "Open Space" shall be defined as primarily undeveloped lands and waters
which meet one or more of the following criteria: Within public scenic
viewplanes; bounding or within urbanized areas; incorporating or
protecting significant wildlife habitat; preserving historic agricultural and
ranching activities; protecting riparian or wetlands areas; protecting other
public lands from the impacts of development.
13.2.2 "Trails" shall be defined as non-motorized accessways meeting one or more
of the following criteria: preserving historic routes of ingress and egress to
public lands and waterways; providing access to and from recreational or
urban destinations; providing transportation or recreational opportunities
throughout the Roaring Fork Watershed.vaHey.
13.3 Open Space/Trails Board of Trustees. The Pitkin County Open Space/Trails Board
of Trustees, established by the Board of County Commissioners, following approval
5
/
6
of the electorate at the November 6, I 990,-and November 2, 1999, and November 7,
2006. shall operate as follows:
13.4 [There is no 13.4)
13.5 Open Space/Trails - Program.
13.5. I Purposes. The Open Space/Trails Board of Trustees shall promulgate such
policies as will further the following purposes for Open Space and Trails
acquisitions:
(I) Shaping development (greenbelt and viewplanes).
(2) Incorporating or protecting significant wildlife habitat and corridors.
(3) Preventing encroachment on flood plain and riparian areas.
(4) Preserving historic agricultural and ranching activities.
(5) Protecting other public lands from the impacts of development.
(6) Preserving historic routes of ingress and egress to public lands and
waterways.
(7) Providing access to and from recreational or urban destinations.
(8) Providing recreational opportunities throughout Pitkin County which
are directly related to and not inconsistent with the foregoing purposes.
(9) Providing a Nordic Trail system.
(10) Protecting native aquatic habitat and recreational opportunities
associated with streams and rivers.
13.5.2 Limitations. Open Space and Trails acquired with Open Space/Trails
Funds shall be limited to uses consistent with the purposes enumerated in
Section 13.5.1 and to such improvements as are necessary to the protection
and preservation of such lands and trails for the purposes set forth in
Section 13.5.1, unless conversion to additional and/or more active uses
and related capital improvements are approved pursuant to Section 13.5.3.
13.5.3 Prohibitions on sale or conversion of Open Space or Trails. No open
space or trail interest in real property, whether fee, easement or otherwise,
acquired with Open Space/Trails Funds, shall be sold or conveyed nor
shall any interest be converted by Pitkin County to any other use or
purpose (e.g., golf course, housing) unless such open space or trail interest
6
h
in real property is replaced with another open space or trail interest in real
property of equivalent value as of the date of sale or conversion as
determined by the Board of County Commissioners taking into
consideration monetary value and the values in 13.5.1, and until such sale
or conversion is approved by a majority of the electorate at a general or
special election called for this purpose. The Board of County
Commissioners shall consult with the Open Space/Trails Board on the
equivalent value of the replacement property and the advisability of the
sale or conversion and shall publicly disclose the analysis supporting its
finding of equivalent value.
Notwithstanding the other prOVISIOns of this section, partial property
interests may be sold or conveved if the fair market value of the open
space interest retained is at least equal to the net permanent investment of
open space funds and such sale or conveyance does not materially
diminish the conservation values of the property, as set for in Section
13.5(]) as determined bv a vote of at least four members of both the Open
Space and Trails Board and at least four members of the Board of Countv
Commissioners, and provided that the County'S intention for a partial sale
of the interest is expressly stated in the Open Space Board's
recommendation of the initial purchase, and in the Board of Countv
Commissioners Ordinance authorizing the initial purchase.
Notwithstanding the other provisions of this section, a conservation
easement may be conveved to a third partv by Pitkin Countv to further
ensure permanent protection of open space lands owned in fee bv Pitkin
County.
Section 3. CALCULATION OF TAX LEVY.
The ad valorem tax pledged to secure the general obligation indebtedness authorized
herein shall be without limitation 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 and to establish the net property tax revenue subject to the
percentage revenue allocations set forth in Sections 13.1.2, 13.1.3 and 13.1.4.
Section 4. NET EFFECTIVE INTEREST RATE.
The maximum net effective interest rate for the general obligation indebtedness
authorized herein shall be 8.5%.
Section 5. PUBLICATION
Pursuant to C.R.S. 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 Weeklv and
7
7
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. 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 Weekly.
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 6. EFFECTIVE DATE
The property tax imposed by this Resolution shall be first levied in 2010 for collection in
20 I I. The other provisions of this Resolution shall be effective upon adoption.
Section 7. TERMINATION
The property tax imposed by this Resolution shall continued to be levied through 2019
(for collection in 2020), 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 8. SEVERABILITY
If any provision of this Resolution, ballot question 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 or the ballot question, as applicable
are declared to be severable.
BE IT FURTHER RESOLVED that for purposes of C.RS. S 1-1 I -203.5, this Resolution
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;
BE IT FURTHER RESOLVED that said ballot question shall be submitted to the Pitkin
County Clerk and Recorder for inclusion on the November 7, 2006, 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
question shall be canvassed and the result determined in the manner provided by law.
INTRODUCED, FIRST READ. AND SET FOR PUBLIC HEARING ON JULY 26, 2006.
8
1
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON JULY
30, 2006.
AffOPTED AFTER FINAL READING AND PUBLIC HEARING ON
. h'-tS r .';)3 ,2006.
PUBLISHED BY TITLE
TIMES WEEKLY ON
D SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
.3 , 2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: 5C:>L ~ rlA-1.-'-
Michael C. Ireland, Chair
By ,S;~ /J-I../J !Pt~
Jeanette Jones
Deputy County Clerk
Date: :J -;} -3 (?
APPROVED AS TO FORM:
....----
--'-.-
--------.
- ~_... ---.-
~~ .---/'
JOh~rney
/
MANAGER APPROVAL:
Hilary
REF\OMMEND
I ,\ I .
Dale ., Director of Open Space and Trails
APPROVAL:
I
9
q
APPROVED AS TO FORM:
John Ely, County Attorney
MANAGER APPROV
,
,
TNDED FOR APPROVAl.,
Dale Will, Director of Open Space and Trails
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLO
Date:
9
/0