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HomeMy WebLinkAbout2007-19 Submitting Ballot Issue Concerning the Adoption of a Use Tax to Finance Capital Projects and AquisitionsRESOLUTION NO. 19 SERIES 2007 A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL, COLORADO, AT A REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2007, A BALLOT ISSUE CONCERNING THE ADOPTION OF A USE TAX TO FINANCE CAPITAL PROJECTS AND ACQUISITIONS; AND PROVIDING OTHER DETAILS RELATING THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado (the "State") and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council hereby finds and determines that it is in the public interest to adopt a four percent (4%) use tax in the Town on the privilege of storing, using and/or consuming any construction and/or building materials purchased at retail inside or outside of the Town; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR"), requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, and the spending of certain funds above limits established by TABOR; and WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, the Town will hold its regular municipal election on November 6, 2007 (the "Election"); and WHEREAS, November 6, 2007, is one of the election dates at which ballot issues maybe submitted to the Town's electors pursuant to TABOR; and WHEREAS, pursuant to Section 2.3 of the Charter, the Council hereby determines that the Election shall be held and conducted as a polling place election in accordance with Article 10 of Title 31, Colorado Revised Statutes ("C.R.S.") (the Municipal Election Code"); and WHEREAS, the Council is of the opinion that the Town should seek voter approval to increase taxes for the purpose provided in this resolution; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the Election. Resolution No. 19, Series 2007 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE i TOWN OF VAIL, COLORADO: Section 1.Unless otherwise defined herein, all terms used herein shall have the meanings defined in TABOR and in Section 31-10-102, C.R.S. Section 2.Pursuant to Section 31-10-105, C.R.S. and Section 2.5 of the Charter, the Election Commission of the Town shall perform all acts required or permitted by law in connection with the Election, which Election shall be held and conducted as an independent polling place election. Section 3.Pursuant to the applicable laws of the State and the Charter, the Council hereby determines that the following ballot issue is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town of Vail, Colorado, at the Election: SHALL THE TOWN OF VAIL'S TAXES BE INCREASED BY $4,000,000 IN FISCAL YEAR 2008 AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER THROUGH THE ADOPTION OF A USE TAX ON THE PRIVILEGE OF STORING, USING AND/OR CONSUMING IN THE TOWN OF VAIL ANY CONSTRUCTION AND/OR BUILDING MATERIALS PURCHASED AT RETAIL INSIDE OR OUTSIDE THE TOWN, AT THE RATE OF FOUR PERCENT 4%) OF THE RETAIL COST OF SUCH MATERIALS AND SHALL THE TOWN BE AUTHORIZED TO COLLECT AND SPEND SUCH REVENUES, INCLUDING ANY INTEREST AND INVESTMENT INCOME THEREON, EXCLUSIVELY FOR CAPITAL ACQUISITIONS AND CAPITAL PROJECTS IN THE TOWN OF VAIL AS A VOTER APPROVED REVENUE CHANGE NOTWITHSTANDING ANY REVENUE OR EXPENDITURE LIMITATION, INCLUDING THOSE CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Section 4.If a majority of the votes cast on the question to levy a use tax submitted at the Election shall be in favor of issuance of the levy of the use tax as provided in such question, the effective date of said tax shall be January 1, 2008, and the Town, acting through the Council, shall be authorized to adopt an ordinance levying the tax in accordance with such question and to provide for the administration and collection of the tax. Any authority to levy the use tax, if conferred by the results of the Election, shall be deemed and considered a continuing authority to levy the tax so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Section 5.It is the intention of the Council that when an ordinance is adopted to levy, administer and collect the use tax, said ordinance shall include a provision to exempt or to rebate the use tax collected on materials used to build workforce housing. Resolution No. 19, Series 2007 Section 6.The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. Section 7.All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town and the officers thereof, directed towards the Election and the objects and purposes herein stated are hereby ratified, approved and confirmed. Section 8.If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. Section 9.All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. INTRODUCED, READ, APPROVED AND ADOPTED this August 21, 2007. Rodney E. Slier, Mayor SEAL)SEAL ATTEST:o~~~c Lo elei onaldson,°Town Clerkl~ Resolution No. 19, Series 2007