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HomeMy WebLinkAboutbocc.res.093.2006 RESOLUTION NO. tJ'l.J -:JtJtJC A RESOLUTION CALLING AN ELECTION ON NOVEMBER 7. 2006 TO AUTHORIZE A MILL LEVY INCREASE FOR BASALT REGIONAL LIBRARY DISTRICT OPERATIONS AND MAINTENANCE RELATING TO A PROPOSED NEW REGIONAL LIBRARY FACILITY; SETTING THE BALLOT TITLE AND CONTENT FOR THE BALLOT ISSUE FOR THE ELECTION; PROVIDING FOR OTHER MATTERS RELATING THERETO; RATIFYING ACTION PREVIOUSLY TAKEN THERETO; AND PROVIDING THE EFFECTIVE DATE OF THIS RESOLUTION WHEREAS, Pitkin County, Colorado (the "County") is a duly organized and validly existing home rule county ofthe State of Colorado; and WHEREAS, pursuant to the provisions of Part I of Article 90 of Title 24 of the Colorado Revised Statutes, as amended, the County and Eagle County, Colorado established the Basalt Regional Library District (the "District"), a library district located partially within the County and partially within Eagle County, duly organized and existing and established for the purpose of providing library services; and WHEREAS, the District's Board of Trustees ("Board of Trustees"), pursuant to Colorado Revised Statutes S 24-90-112 and a resolution adopted by the Board of Trustees on August 28, 2006 (the "District Resolution"), has requested that the County's Board of County Commissioners (the "Board of County Commissioners"), the County being one of two counties in which the District is located, submit to the eligible electors of the District at the November 2006 election, a ballot issue authorizing an increase in the District's tax levy for the payment of operation and maintenance expenses of the District associated with a proposed new library facility; and WHEREAS, the Board of County Commissioners has determined to set the ballot title and content for the ballot issue to be submitted at the election called by this Resolution. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin County, Colorado that:: 1. The District Resolution attached as Appendix A hereto is hereby incorporated into this Resolution as set forth in full herein. 2, An election shall be held on Tuesday, November 7, 2006 at which there shall be submitted to the eligible electors of the District a ballot issue authorizing an increase in the District's mill levy for operations and maintenance expenses of the District in counection with a proposed new regional library facility, which question shall be in the form attached hereto as Appendix A. 3. The election shall be conducted in accordance with articles I to 13 of title 1, Colorado Revised Statutes, as amended (the "Uniform Election Code"). 48 \2.24 \2-7232.3 t 4. The County hereby agrees to take the actions requested by the District pursuant to the District Resolution and adopts the provisions of the District Resolution, to the extent applicable to the County, as if fully set forth herein. 5. The officers and employees of the County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 6. All actions not inconsistent with the provisions of this Resolution, heretofore taken by the members of the Board of County Commissioners and the officers and employees of the County, directed toward holding the election for the purposes stated herein are hereby ratified, approved and confirmed. 7. All prior acts, orders or resolutions, or parts thereof, by the County in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. 8. If any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution. it being the intention that the various parts hereof are severable. 9. This Resolution shall take effect upon the satisfaction of all requirements for effectiveness contained in Section 2.8.3 of the Pitkin County Home Rule Charter. [The remainder of this page is intentionally blank.] 48 \2-2412-7232.3 !) tt..- IN~DUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE~9 DAY OF A-c-z; td ,2006. . NOTICE OF PUBLIC Hf1RING PUBLISHED IN THE ASPEN TIMES WEEKLYONTHE~DAYOF ~a~ ,2006. ~T. ED A1TER FINAL READING AND PUBLIC HEARING ON THE ~-d.., DAY ~444 -q" 2006. PUBLISHED BY TITLE AND SHORT S~AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE ~DAY tA." 2006. ATTEST: .'\ BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: /}11 ~~ Michael C. Ireland, Chair ecorder ,. Date: q - ~ I 9 - D-6 APPROVED AS TO FORM: MANAGER APPROVAL: , , c ~ /-AI uuty Attorney Hilary Fl 4812-24\2-7232.3 :3 APPENDIX A FORM OF MILL LEVY INCREASE BALLOT ISSUE Ballot Issue SHALL BASALT REGIONAL LIBRARY DISTRICT TAXES BE INCREASED UP TO $175,000 ANNUALLY (FOR COLLECTION IN CALENDAR YEAR 2008) AND BY SUCH ADDITIONAL AMOUNTS RAISED ANNUALLY THEREAFTER BY AN AD VALOREM PROPERTY TAX MILL LEVY IMPOSED AT A RATE OF UP TO 0.55 MILLS FOR THE COSTS ASSOCIATED WITH THE OPERATION OF THE NEW REGIONAL LIBRARY FACILITY INCLUDING BUT NOT LIMITED TO REPLACEMENT AND UPKEEP OF LIBRARY FURNISHINGS AND EQUIPMENT, UTILITIES, BOOKS AND OTHER LIBRARY MATERIALS AND SUPPORT OF LIBRARY PROGRAMS AND SERVICES FOR THE PATRONS, WHICH INCREASE SHALL BE IN ADDITION TO THE MILL LEVY CURRENTLY IMPOSED BY THE DISTRICT; AND SHALL THE REVENUE FROM SUCH TAXES CONSTITUTE PERMANENT VOTER-APPROVED REVENUE CHANGES 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? 4823-1836.0577 If J-! ANNEX I [Attach District Resolution] 4812-2412-7232.3 /' :> RESOLUTION A RESOLUTION CALLING AN ELECTION ON NOVEMBER 7, 2006 TO AUTHORIZE A MILL LEVY INCREASE FOR BASALT REGIONAL LIBRARY DISTRICT OPERATIONS AND MAINTENANCE RELATING TO A PROPOSED NEW REGIONAL LIBRARY FACILITY; SETTING THE BALLOT TITLE AND CONTENT FOR THE BALLOT ISSUE FOR THE ELECTION; PROVIDING FOR OTHER MATTERS RELATING THERETO; RATIFYING ACTION PREVIOUSLY TAKEN THERETO; AND PROVIDING THE EFFECTIVE DATE OF THIS RESOLUTION WHEREAS, the Basalt Regional Library District (Pitkin and Eagle Counties, Colorado) (the "District") is a library district duly organized and existing pursuant to the provisions of Part 1 of Article 90 of Title 24 (the "Act") of the Colorado Revised Statutes, as amended ("C.RS.") and established for the purpose of providing library services within the District; and WHEREAS, the Board of Trustees (the "Board") of the District has determined that a the purchase of land and the construction and equipping of a new regional library facility is needed at this time to adequately serve the members of the community; and WHEREAS, there are not sufficient funds in the treasury of the District and the Board does not anticipate that existing sources of revenue will be sufficient to generate the moneys necessary in order to pay the operation and maintenance expenses associated with such proposed new regional library facility; and WHEREAS, the Board has determined that the interest of the District and the public interest or necessity demands an increase in the mill levy rate presently levied against all taxable property within the boundaries of the District in order to pay the operation and maintenance expenses of the District relating to such proposed new library facility; and WHEREAS, Senate Bill 03-326 was recently passed into law in 2003 (the "2003 Legislation") and certain provisions of such bill have been codified in Section 24-90-112.5, C.RS. (regarding the issuance of bonds and the levy of taxes to pay such bonds) and in Section 24-90-112, C.R.S. (regarding tax support elections); and WHEREAS, the 2003 Legislation provides that the Board may, on its own authority, submit the question to the voters of authorizing the creation of indebtedness and the levy of taxes to pay such indebtedness and, with voter approval, authorizes the District to issue bonds, on its own authority and levy taxes to pay such bonds on its own authority and not by a county on behalf of the District; and WHEREAS, the District desires that the ballot issue set forth in Appendix A hereto be submitted to the eligible electors at an election on Tuesday, November 7,2006; and WHEREAS, the 2003 Legislation is unclear as to whether the Board may, on its own authority, call an election to authorize a mill levy increase for District operations and 4823-1836-0577.1 t maintenance and set the ballot title and content for the ballot issue for the election, and therefore the Board, through the adoption of this Resolution, hereby requests that the Board of County Commissioners of Eagle County and Pitkin County, respectively, take such action as may be statutorily necessary to cause the ballot issue set forth in Appendix A to be submitted to the electors of the District; and WHEREAS, the election shall be conducted as a coordinated polling place election in Pitkin and Eagle Counties in accordance with articles 1 to 13 of title 1, Colorado Revised Statutes, as amended (the "Uniform Election Code"); and WHEREAS, the County Clerks (defined below) are, respectively, the coordinated election officials for the election pursuant to the Uniform Election Code, and shall be responsible for mailing the notice of election required by Article X, Section 20(3)(b) of the Colorado Constitution (the "TABOR Notice"); and WHEREAS, the District intends to cooperate with the County Clerks to provide all necessary information and notices for the conduct of the election; and WHEREAS, the Board has determined to set the ballot title and content for the ballot issue to be submitted to the eligible electors at the election to be held on November 7,2006. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF BASALT REGIONAL LIBRARY DISTRICT, IN THE COUNTIES OF EAGLE AND PITKIN AND STATE OF COLORADO: 1. An election shall be held on Tuesday, November 7, 2006 at which there shall be submitted to the eligible electors of the District a ballot issue authorizing an increase in the District's mill levy for operations and maintenance expenses of the District in connection with a proposed new regional library facility, which question shall be in the form attached hereto as Appendix A. Appendix A is hereby incorporated into this Resolution as if set forth in full herein. 2. The election shall be conducted as a coordinated election in Pitkin and Eagle Counties in accordance with the Uniform Election Code and Intergovernmental Agreements (each, an "Intergovernmental Agreement") between the District and the Pitkin County Clerk and Recorder (the "Pitkin County Clerk") and the between the District and the Eagle County Clerk and Recorder (the "Eagle County Clerk" and, together with the Pitkin County Clerk, the "County Clerks"). 3. For purposes of C.R.S. S 1-11-203.5, this Resolution shall serve to set the ballot title and content of the ballot issue set forth herein and the ballot title shall be the text of the ballot issue itself. 4. The officers and employees of the District are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 4823-1S36-0577.1 2 1 5. All actions not inconsistent with the provisions of this Resolution, heretofore taken by the members of the Board and the officers and employees of the District, directed toward holding the election for the purposes stated herein are hereby ratified, approved and confirmed. 6. All prior acts, orders or resolutions, or parts thereof, by the District in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. 7. If any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. 8. This Resolution shall take effect immediately upon its passage. ADOPTED AND APPROVED this 28th day of August, 2006. BASALT REGIONAL LIBRARY DISTRICT, PITKIN AND EAGLE COUNTIES, COLORADO [DISTRICT SEAL] By ~>t:! ~'<~7{ Preside ATTEST: B, ~~/ "J ~C;;) ~ Sec tary ./ / 4823-1836-0577.1 3 ~ APPENDIX A FORM OF MILL LEVY INCREASE BALLOT ISSUE Ballot Issue SHALL BASALT REGIONAL LIBRARY DISTRICT TAXES BE INCREASED UP TO $175,000 ANNUALLY (FOR COLLECTION IN CALENDAR YEAR 2008) AND BY SUCH ADDITIONAL AMOUNTS RAISED ANNUALLY THEREAFTER BY AN AD VALOREM PROPERTY TAX MILL LEVY IMPOSED AT A RATE OF UP TO 0.55 MILLS FOR THE COSTS ASSOCIATED WITH THE OPERATION OF THE NEW REGIONAL LIBRARY FACILITY INCLUDING BUT NOT LIMITED TO REPLACEMENT AND UPKEEP OF LIBRARY FURNISHINGS AND EQUIPMENT, UTILITIES, BOOKS AND OTHER LIBRARY MATERIALS AND SUPPORT OF LIBRARY PROGRAMS AND SERVICES FOR THE PATRONS, WHICH INCREASE SHALL BE IN ADDITION TO THE MILL LEVY CURRENTLY IMPOSED BY THE DISTRICT; AND SHALL THE REVENUE FROM SUCH TAXES CONSTITUTE PERMANENT VOTER-APPROVED REVENUE CHANGES 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? 4823-1836-05771 q