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