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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 t 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: 1 Ordmance No. 2Q, Sarss o1 t993 s .' >< 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 2 OrEinance No. 20, Series of 1993 } e Ar r t . 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 3 Ordinance No. 20, Series o1 1993 '~ ~ ~ - ~~ 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 4 Ordinance No. 20, Series of 1993 0 3 ~~ 0 cD x tD y ro a V • C7 o ~ Q O ~^ a 4~ 1 Q .~Q O O ~ Q 0 `~ 0 . Q Q ~O ~, O ~~ _ m 0 -C ~ m Q 0 m ~. ,o ~~ 7 ~- m m O Q C (D {D c a 0 o. ~_ ~JS Q ~C 0 o Q~ g ~ ~ o ~ a ~ ~ ~ ro ~~~ a o Q cn m o ~ ~ m ~ Q {~ ~ Q ~ ~ ~ ~ U ~ ~, ~: c~ o D ~m ~ Q o ~ ~ ~ ~ ~. o D ~ ~ ~ m ~ ~- ~ ~ ~ o ~' o ~ ro ~' ° x m c~ ~ Q y a~ ~. 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