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HomeMy WebLinkAbout20-20 Fixing April 7, 2020 TABOR QuestionRESOLUTION NO.20-20 A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO9 AUTHORIZING A TABOR ELECTION ON APRIL 7, 2020, FIXING THE BALLOT TITLE AND QUESTION WHEREAS, the Town of Firestone (the "Town"), is a Colorado statutory town duly organized and existing under laws of the State of Colorado; and WHEREAS, the members of the Board of Trustees of the Town (the "Board of Trustees") have been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution ("TABOR") requires voter approval for any new tax, the creation of any debt and for spending certain moneys 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, April 7, 2020, is one of the dates at which ballot issues may be submitted to the eligible electors of the Town pursuant to TABOR; and WHEREAS, the Board of Trustees hereby determines that it is necessary to submit to the electors of the Town, at a regular municipal election to be held on April 7, 2020, the question of increasing taxes for municipal purposes of the Town; and WHEREAS, all elections of the Town are governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and WHEREAS, the Board of Trustees now determines it is necessary to submit to the electors of the Town, at the election on April 7, 2020, a ballot issue question authorizing the expansion of the purposes for which .6% of the Town's current 3.6% sales and use tax can be expended; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. All action 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 is hereby ratified, approved and confirmed. Section 2. Unless otherwise defined herein, all terms used herein shall have the meanings defined in the Uniform Election Code of 1992, Title 1, Articles 1 through 13, C.R.S., as amended (the "Uniform Election Code") and Title 31, Article 10, C.R.S., as amended (the "Municipal Election Code"), Section 3. Pursuant to TABOR and the Municipal Election Code of 1992, and all laws amendatory thereof and supplemental thereto, the Town hereby determines that a regular election shall be held within the Town on April 7, 2020 (the "election"), and that there shall be submitted to the eligible electors of the Town the question set forth herein. The Board of Trustees hereby determines that at the regular election to be held on April 7, 2020, there shall be submitted to the eligible electors of the Town the question set forth in Section 4 hereof. The election will be held as a mail ballot election, and the Board of Trustees hereby determines that the Town clerk shall conduct the election on behalf of the Town. Section 4. The following ballot issue, certified in substantially the form set forth below, is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town at the election with the following ballot title which is set pursuant to Section 3141- I I I, C.R.S.: WITHOUT INCREASING THE CURRENT TOTAL SALES AND USE TAX RATE OF 3.6%, SHALL THE TOWN OF FIRESTONE BE AUTHORIZED TO EXPAND THE PURPOSES FOR WHICH THE .6% SALES AND USE TAX (APPROVED IN 2017) CAN BE USED TO INCLUDE: • OPERATION AND MAINTENANCE OF THE POLICE AND MUNICIPAL COURT FACILITY; • CONSTRUCTION, OPERATION AND MAINTENANCE OF OTHER TOWN FACILITIES, AND PROVIDED FURTHER THAT THE EXISTING LIMITATIONS IMPOSED BY THE 2017 BALLOT QUESTION, INCLUDING FOR A PERIOD NOT TO EXCEED TWENTY- FIVE YEARS, SHALL REMAIN IN FULL FORCE AND EFFECT? Section 5. The Town clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the election. Section 6. If a majority of the votes cast on the question to authorize imposition of taxes submitted at the election shall be in favor of imposing such taxes as provided in such question, the Town, acting through the Board of Trustees, shall be authorized to proceed with the necessary action to impose such taxes in accordance with such questions. Any authority to impose taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to contract the imposition of such 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 7. Pursuant to Section 31- M308(2), C.R.S., any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set. Section 8. The officers of the Town are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this resolution. Section 9. 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. Section 10. 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. adoption. Section 11. The effective date of this resolution shall be immediately upon 3 INTRODUCED, READ AND ADOPTED this 12th day of February, 2020. ATTEST: J s ca Koenig T William P. RM: Town Attorney TOWN OF FIRESTONE, COLORADO L! STATE OF COLORADO ) COUNTY OF WELD ) S S . TOWN OF FIRESTONE ) I, Jessica Koenig, the Town clerk of the Town of Firestone, Colorado Jo hereby certify: 1. The foregoing pages are a true and correct copy of a resolution (the "Resolution") passed and adopted by the Board of Trustees of the Town (the "Board of Trustees") at a regular meeting of the Board of Trustees held on February 12, 2020. 2. The Resolution was duly introduced, moved and seconded and passed at the regular meeting of February 12, 2020, by an affirmative vote of a majority of the members of the Board of Trustees as follows: Name "Yes" "No" Absent Abstain Bobbi Sindelar, Mayor e4oe Drew Peterson, Mayor Pro Tern. or Don Conyac, Trustee George Heath, Trustee Frank A. Jimenez, Trustee Samantha Meiring, Trustee / Douglas Sharp, Trustee I/ 3. The members of the Board of Trustees were present at the meeting and voted on the passage of such Resolution as set forth above. 4. The Resolution was approved and authenticated by the signature of the Mayor, sealed with the Town seal, attested by the Town clerk and recorded in the minutes of the Board of Trustees. 5. There are no bylaws, rules or regulations of the Board of Trustees which might prohibit the adoption of said Resolution. 5 i 6. Notice of the regular meeting of February 12, 2020 in the form attached hereto as Exhibit A was posted at the 7NIn Ali Firestone, Colorado, not less than twenty-four hours prior to the meeting in acc rdance with law. 4\ ZVI TOWN SEAL f 4c/ i (SEAL) C� EXHIBIT A (Attach Notice of Meeting) 7 FIRESTONE 1. Call to Order &Roll Call 2. Pledge of Allegiance 3. Approval of Agenda BOARD OF TRUSTEES REGULAR MEETING AGENDA February 12, 2020 7:00 PM 151 Grant Avenue Firestone, CO 80520 4. Public Comment *(maximum time permitted for all Public Comment is 30 minutes) 5. Consent Agenda 5.a. Approval of January 22, 2020 Board of Trustees Regular Meeting Minutes 5.b. Resolution 20-12: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A LICENSE AGREEMENT WITH PUBLIC SERVICE COMPANY OF COLORADO REGARDING THE INSTALLATION, OPERATION AND MAINTENANCE OF A GAS GATHERING PIPELINE WITHIN TOWN -CONTROLLED RIGHT-OF-WAY 5.c. Resolution 20-19: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD COUNTY FOR VOTER REGISTRATION SPECIALIST SERVICES 6. Proclamation 7. Presentation 7.a. Carbon Valley Half Marathon 8. Local Licensing Authority -Public Hearing 9. Public Hearing 10. Discussion/Action Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements. Aforty-eight-hour notice is requested. Town of Firestone Board of Trustees Regular Meeting Agenda 7:00 PM February 12, 2020 Page 2 of 2 10.a. Frontage Road Bridge Expansion Joint Repair Discussion 10.b. Resolution 20-20: A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A TABOR ELECTION ON APRIL 7, 2020, FIXING THE BALLOT TITLE AND QUESTION 10.c. Enterprise Managed Vehicle Program Discussion 11. Public Comment *(maximum time permitted for all Public Comment is 30 minutes) 12. Reports 12.a. Staff 12.b. Mayor 12.c. Trustees 13. Executive Session 14. Adjournment * Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements. Aforty-eight-hour notice is requested.