HomeMy WebLinkAbout1993-20 Submitting tot he Registered Electors of the Town of Vail at the Regular Municipal Election to tbe Held on Tuesday the 16th of November 1993, the Question of Whether the Town Should be Authorized to Collect and Spend the Full Revenues GeneratedL
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e' ORDINANCE NO. 20
SERIES OF 1993
AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL
AT THE REGULAR MUNICIPAL ELECTION TO BE HELD ON TUESDAY, THE 76TH OF
NOVEMBER, 1993, THE QUESTION OF WHETHER THE TOWN OF VAIL SHOULD BE
AUTHORIZED TO COLLECT AND SPEND THE FULL REVENUES GENERATED INCLUDING
REDUCTION IN DEBT SERVICE DURING 7993 AND EACH SUBSEQUENT YEAR [WHICH
AMOUNT DOES NOT INCLUDE REVENUE GENERATED FROM AD VALOREM PROPERTY
TAXES] WITHOUT ANY INCREASE #N SUCH TAX RATES AND TO SPEND SUCH REVENUES
FOR DEBT SERVICE, MUNICIPAL OPERATIONS, AND CAPITAL PROJE~.i.~, EFFECTIVE
JANUARY 7, '1993; AUTHORIZING THE TOWN COUNCIL TO ADOPT ANNUAL BUDGETS
AND AMENDMENTS THERETO TO IMPLEMENT THE APPROVAL OF THIS REFERRED
MEASURE; SETTING FORTH THE BALLOT TITLE; PROVIDING FOR NOTICE OF THE
ELECTION; PROVIDING FOR CONDUCT OF THE ELECTION; PROVIDING FURTHER
DETAILS IN RELATION TO THE FOREGOING.
WHEREAS, Article X, Section 20 of the Colorado Constitution, authorizes the Town of Vail
to refer the question herein submitted to a vote of the registered electors of the Town of Vail as
a "revenue change"; and
WHEREAS, Article X, Section 20 of the Colorado Constitution, requires that the Town of
Vail will continue to be subject to receiving voter approval from Town of Vail registered voters to
add new taxes and tax rate increases or to increase Town of Vail debt which requirements are
not affected by this question; and
WHEREAS, Article X, Section 20 of the Colorado Constitution, requires that al! ad valorem
property tax restrictions remain in place, that real estate transfer tax can not be created or raised
and that election requirements must be met which restrictions and requirements are not affected
by this question; and
WHEREAS, an November 16, 1993, the Town of Vail will hold its regular biennial
municipal election; and
WHEREAS, the Town of Vail is of the opinion that it is in the best interests of the citizens
of the Town of Vail that the full revenues generated during ~ 993 and each subsequent year
pursuant to its existing tax code without any increase in said tax rates and with the exception of
ad valorem property taxes should be collected by the Town of Vail notwithstanding the limitations
of Article X, Section 20 of the Colorado Constitution and spent for debt service, municipal
operations, and capital projects; and
WHEREAS, the Town Council is of the opinion that such question should properly be
decided by the registered electors of the Town of Vail,
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado:
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Ordmance No. 2Q, Sarss o1 t993
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SECTION i
At the regular municipal election to be held in the various precincts and at
the polling places of the Tawn of Vail on Tuesday, the i 6th day of November, 1993, between the
hours of 7':00 A.M. and 7:00 P.M., there shat! be submitted to the vote of the registered electors
of the Tawn of Vail the question herein authorized.
5ECTION 2. At the said election, the official ballot, including absentee ballots, shall state
the substance of the question to be voted upon and so stated shall constitute the ballot title,
designation and submission clause, and each registered elector voting at the election shall
indicate his or her choice on the question submitted, which shall be in the fallowing form:
QUESTION NO. 1
SHALL THE TOWN OF VAIL BE AUTHORIZED TO COLLECT
AND EXPEND THE FULL REVENUES GENERATED INCLUDING
REDUCTION IN DEBT SERVICE DURfNG 1993 AND EACH
SUBSEQUENT YEAR, [WHICH AMOUNT DOES NOT INCLUDE
REVENUE GENERATED FROM AD VALOREM PROPERTY
TAXES] WITHOUT ANY INCREASE IN SUCH TAX RATES AND
TO SPEND SUCH REVENUES FOR DEBT SERVICE, MUNICIPAL
OPERATIONS, AND CAPITAL PROJECTS, EFFECTIVE
JANUARY 1, 1993?
NOTHING IN THIS QUESTION CAN BE CONSTRUED TO
REMOVE THE REMAINING RESTRICTIONS OF ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION WHICH IS
COMMONLY KNOWN AS AMENDMENT ONE AND/OR THE
TABOR AMENDMENT, THE REMAINING RESTRICTIONS ARE:
• VOTER APPROVAL OF ALL NEW TAXES AND
TAX RATE INCREASES;
• VOTER APPROVAL FOR NEW OR ADDITIONAL
TOWN OF VAIL DEBT; '
• ALL AD VALOREM PROPERTY TAX
RESTRICTIONS REMAIN IN FULL FORCE AND
EFFECT;
• NO INCREASE OR IMPOSITION OF A NEW REAL
ESTATE TRANSFER TAX; AND,
• ALL ELECTION REQUIREMENTS REMAIN IN
EFFECT.
FOR THE MEASURE AGAINST THE MEASURE
SECTION 3. ifi a majority of all the votes cast at the election shall be for the measure,
the measure shall be deemed passed, and the Town of Vail shall be authorized to collect and
expend the full revenues in accordance with the approved measure and to budget and
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OrEinance No. 20, Series of 1993
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appropriate such revenues and expenditures apart from any other expenditure of the Town which
may be limited pursuan# to Article X, Section 20 of the Colorado Constitution and notwithstanding
the passage of any other State of Colorado initiative limiting such collection or expenditure, and
the revenues authorized for expenditure by the passage of this measure shall not be counted in
any such expenditure limitation.
SEGTION 4. The election shall be conducted under the provisions of the Charter and
ordinances of the Town of Vail and, to the extent applicable, under the provisions of the Colorado
Municipal Election Code as set forth in Title 31, Article 10 of the Colorado Revised Statutes
{C.R.S.}.
SECTION 5. The Town Clerk of the Town of Vail shall give public notice of the election
on the question hereby submitted (a} by causing the notice to be published fn The Vai! Trail as
provided by law, {b) by mailing to "all registered voters" at each address within the Town of Vaii
at which a voter is registered no sooner than twenty five (25) days before the election and no
later than fifteen {15) days before the election a notice entitled "Notice of Election on a Referred
Measure". This notice shall include only: {1 }the election date and hours for voting, {2) the ballot
title, {3} the text of the measure to be voted upon, {4} the office address and telephone number
of the Town Clerk, and {5} two {2} summaries, not more than five hundred {500) words each, one
(1) for and one (i}against the measure, of written comments fled with the Town Clerk no later
than thirty {30) days before the election. No summary shall mention names of persons or private
groups, nor any endorsements of or resolutions against the measure to be voted upon. The
Town Clerk shall maintain on fife and accurately summarize all relevant written comments.
SECTION B. The officer of the Town of Vail are authorized and directed to take all action
necessary or appropriate to effectuate the provisions of this ordinance.
SECTION 7. The Town Council finds and declares that this ordinance is a matter of local
concern pursuant to Article XX, Section 6 of the Constitution of the State of Colorado.
SECTION 8. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not of#ect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invaf id.
SECTION 9. The Town Council hereby finds, determines, and declares #hat this
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Ordinance No. 20, Series o1 1993
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ordinance is necessary and proper for the health, safety, and welfare of the Tawn of Vail and the
inhabitants thereof.
SECTION 10. The repeal or the repeal and reenactment of any provision of the Municipal
Code of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceedings as commenced under or by virtue
of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
SECTION 11. All bylaws, orders, resolutions, and ordinances, or par#.s thereof, inconsistent
herewith are repealed to the extent only of such inconsis#ency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 7th day ofi September, 1993, and a public hearing shall be held on this
Ordinance on the 21 st day of September, 1993, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
~jll,
Margaret A. Osterfoss, Mayor ~
ATTEST:
~~~~~L O~IJL
Holly L, McCutcheon, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
in full this 21st day of Sep#ember, 1993.
~, ~
Margo ~t A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:IORp932U
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Ordinance No. 20, Series of 1993
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