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Home My WebLink About2006-25 "Election Ordinance General Improvement District No. 1 for the Purpose of Submitting to the Electors the Proposition of Imposing Property Taxes for the Purpose of Paying Costs of Operating and Maintaining Certain Public Improvementsi TEAKEJCSIMDNTDND 200634301 REC: $26.00 DDC:O$:48:14AM 12r18~2006 ORDINANCc nv. ca SERIES OF 2006 AN ORDINANCE DESIGNATED BY THE SHORT TITLE "ELECTION ORDINANCE"; PROVIDING' FOR AN ELECTION CONCERNING THE TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1, TOWN OF VAIL, COLORADO FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID DISTRICT THE PROPOSITION OF IMPOSING PROPERTY TAXES FOR THE PURPOSE OF PAYING COSTS OF OPERATING AND MAINTAINING CERTAIN PUBLIC IMPROVEMENTS AND TO ALLOW THE DISTRICT TO COLLECT, RETAIN AND SPEND NON PROPERTY TAX REVENUES; AND PRESCRIBING OTHER DETAILS IN CONNECTION WITH SAID ELECTION AND INDEBTEDNESS; REPEALING ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH; AND RATIFYING ACTIONS PREVIOUSLY TAKEN IN CONNECTION THEREWITH. WHEREAS, the Town of Vail, Eagle County, Colorado (the "Town") is a municipal corporation duly organized and existing under the laws of the State of Colorado (the "State") and in particular under the provisions of Article XX of the Constitution of the State (the "Constitution") and the Charter of the Town (the "Charter"}; and WHEREAS, by ordinance adopted of even date herewith, the Town of Vail has created the Town of Vail General Improvement District No. 1 (the "District"); and WHEREAS, Section 31-25-607(4)(a), C.R.S., permits the Town Council, on behalf of the organizing District, to call an election of the District's electors regarding matters required to be voted upon under Article X, Section 20 of the Constitution ("TABOR"), including questions pertaining the impositions of taxes, and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR requires the District to submit ballot issues (as defined in TABOR) to the District's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 7, 2006, is one of the election dates at which ballot issues may be submitted to the District's eligible electors pursuant to TABOR; and WHEREAS, the Town Council has determined to call the election on behalf of the organizing District as permitted by Section 31-25-607(4)(a), C.R.S., due to the need to satisfy various procedural requirements prerequisite to the holding of such election, many of which could not be undertaken directly by the District in a timely fashion following its formal organization; and WHEREAS, it is necessary to submit to the electors of the District, at the election to be held on November 7, 2006, the questions of authorizing the District to increase taxes for operations and maintenance purposes, and spend the revenues thereof and to collect, keep and spend all revenues it receives as a voter approved revenue change under TABOR; and ~ ~~ ~5 ~. ~ ~i ~a~lJ ~-t. r WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the 1 election; and WHEREAS, the Town Council elects to utilize the provisions of the Uniform Election Code of 1992 in order to conduct a mail ballot election on November 7, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. Short Title. This ordinance shall be known as and may be cited by the short title "Election Ordinance" (the "Ordinance"). Section 2. Authority for this Ordinance. This Ordinance is adopted by virtue of the Town's powers as a home rule municipality operating pursuant to Article XX of the State Constitution, the Charter and Part 6 of Article 25 of Title 31, C.R.S. Section 3. Election Actions. All action heretofore taken (consistent with the provisions of this resolution) by or on behalf of the District and the officers thereof, directed toward the election and the objects and purposes herein stated is hereby ratified, approved and confirmed. Section 4. Terms. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Title 31, Article 10, C.R.S., Title 31, Article 25, Part 6, C.R.S., and TABOR. ~ Section 5. Calling of Election. Pursuant to TABOR, Title 31, Article 10, C.R.S., Title 31, Article 25, Part 6, C.R.S., and the Section 1-7.5-101 et seq, C.R.S., the Town Council hereby determines to call a special election to be conducted on November 7, 2006, as a mail ballot election (the "Election"). The Town Counci{ hereby determines that at the Election to be held on November 7, 2006, there shall be submitted to the eligible electors of the District the questions set forth in Section 6 hereof. Because the Election will be a mail ballot election, the Town Council hereby authorizes the designated election official named in Section 7 below to file a mail ballot election plan with the Secretary of State. If necessary, the officers of the District are authorized to enter into an intergovernmental agreement with the County Clerk pursuant to Section 1-7-116, C.R.S. Any such intergovemmental agreement heretofore entered into in connection with the election is hereby ratified, approved and confirmed. Section 6. Election Questions. The Town Council hereby authorizes and directs the designated election official to submit to the eligible electors of the District at the Election questions in substantially the following forms: BALLOT ISSUE A: SHALL TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1 TAXES BE INCREASED $ 660,000.00 IN 2007 (THE FIRST FULL FISCAL YEAR OF THE TAX INCREASE) AND BY SUCH ADDITIONAL AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER THROUGH THE IMPOSITION OF A MILL LEVY OF NOT MORE THAN FIFTEEN (15) MILLS IN LEVY YEAR 2006 AND IN ANY YEAR THEREAFTER ,FOR THE PURPOSE OF FUNDING THE ADMINISTRATION, OPERATION, MAINTENANCE OF THE DISTRICT'S FACILITIES ' AND OPERATIONS; AND SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT Ordinance No. 25, Series 2006 2 I ~' ~ ~ INCOME THEREON BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE IN 2007 AND IN EACH YEAR THEREAFTER, ~r-' WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE PROPERTY TAX REVENUE LIMITATION OF SECTION 29-1-301, COLORADO REVISED STATUTES, OR ANY OTHER LAW? YES: NO: BALLOT ISSUE B: SHALL TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1 BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND THE AMOUNT OF ALL FEES, FACILITY FEES, RENTAL INCOME, SERVICE CHARGES, INSPECTION CHARGES, ADMINISTRATIVE CHARGES, GRANTS OR ANY OTHER FEE, RATE, TOLL, PENALTY, OR CHARGE AUTHORIZED BY LAW TO BE IMPOSED OR COLLECTED BY THE DISTRICT AND ANY OTHER REVENUES, INCOME, OR PAYMENTS RECEIVED BY THE DISTRICT (INCLUDING, WITHOUT LIMITATION, REVENUES RECEIVED BY THE DISTRICT FROM THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, OR ANY OTHER GOVERNMENTAL ENTITY), DURING FISCAL YEAR 2007 AND EACH YEAR THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN EXISTENCE WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AS THEY CURRENTLY EXIST OR AS THEY MAY BE AMENDED IN THE FUTURE? YES: NO: Section 7. Desianated Election Official/Assistant Desianated Election Official Appointment. K. Sean Allen of White, Bear & Ankele, Professional Corporation is hereby appointed as the Designated Election Oft:lcial of the District for purposes of pertorming acts required or permitted by law in connection with the election Section 8. Authority to Lew Taxes. Any authority to levy ad valorem property taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to levy the ad valorem taxes 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 9. Miscellaneous. (a) The officers of the Town and/or the District are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. (b) If any section, subsection, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of Ordinance No. 25, Series 2006 3 r+., such section, subsection, paragraph, clause, or provision shall in no manner affect any remaining provisions of this Ordinance, the intent being that the same are severable. (c) All orders, resolutions, bylaws, ordinances or regulations of the Town, or parts thereof, inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency(ies). Ordinance No. 25, Series 2006 4 i® ,; , f INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2006, and a public hearing shall be held on this Ordinance on the 3rd day of October, 2006, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ~~~ Rod Slifer, Mayor ATTE 1 ~~~~ Lo e i Don~ldson, Town ~lerk INTRODUCED, READ, ADOPTED AND ENACTED PUBLISHED IN FULL this 3rd day of October, 2006. 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