HomeMy WebLinkAbout 17-38 110717 Tabor Ballot Issue-PDRESOLUTION NO. 17-38
A RESOLUTION REFERRING A TABOR BALLOT ISSUE TO THE REGISTERED
ELECTORS AT THE SPECIAL ELECTION TO BE HELD NOVEMBER 7, 2017, AND
AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH SUCH ELECTION
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, 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, extension of an expiring tax, and the spending of certain
funds above limits established by TABOR; and
WHEREAS, pursuant to applicable law, including but not limited to Article 2 of Title 29,
Colorado Revised Statutes, the Town is authorized to adopt a municipal sales and use tax and has
previously adopted upon voter approval a permanent municipal sales tax of three percent and a
permanent municipal use tax of two percent; and
WHEREAS, pursuant to a resolution adopted by the Board of Trustees, the Town will
hold a special election on November 7, 2017, as a coordinated election pursuant to the Uniform
Election Code of 1992, as amended; and
WHEREAS, TABOR requires that the Town submit ballot issues, as defined in TABOR,
to the Town's registered electors on specified election days before action can be taken on such
ballot issues; and
WHEREAS, November 7, 2017, is one of the election dates at which TABOR ballot
issues may be submitted to the registered electors of the Town pursuant to TABOR; and
WHEREAS, the Town Board of Trustees is of the opinion that it should refer to the
voters at the November 7, 2017 election a TABOR ballot issue concerning the imposition of an
additional temporary 0.6% sales and use tax for a period not to exceed twenty-five years for the
purpose of financing the construction of the new Firestone Police Station, to include a court
Facility, a multi -purpose police training/community room, and all necessary land, equipment,
furnishings, improvements and incidentals.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Pursuant to C.R.S. Section 3140408 and Board of Trustees Resolution
No. 17-28, adopted July 19, 2017, there has been called and set a special election for the Town of
Firestone to be held Tuesday, November 7, 2017, as part of a coordinated election.
Section 2. Pursuant to applicable provisions of the laws of the State of Colorado, the
Board of Trustees hereby submits to the registered electors of the Town, at the special election to
be held on November 7, 2017, the ballot issue specified in Section 3 of this Resolution.
Section 3. 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 of Firestone special election to be held on November 7, 2017:
BALLOT ISSUE 2
SHALL TOWN OF FIRESTONE TAXES BE INCREASED $1,350,000 IN 2018
(FIRST FULL FISCAL YEAR DOLLAR INCREASE) AND THEN ANNUALLY BY
SUCH ADDITIONAL AMOUNTS AS ARE RAISED THEREAFTER FROM THE
LEVY OF AN ADDITIONAL SALES AND USE TAX OF 0.6 PERCENT FOR THE
PURPOSE OF FINANCING THE CONSTRUCTION OF THE NEW FIRESTONE
POLICE STATION, TO INCLUDE A COURT FACILITY, A MULTI -PURPOSE
POLICE TRAINING/COMMUNITY ROOM, AND ALL NECESSARY LAND,
EQUIPMENT, FURNISHINGS, IMPROVEMENTS AND INCIDENTALS; AND
SHALL THE SALES AND USE TAX INCREASE COMMENCE JANUARY 1, 2018
AND BE IMPOSED FOR A PERIOD NOT TO EXCEED TWENTY-FIVE YEARS,
PROVIDED THAT THE 0.6 PERCENT SALES TAX SHALL BE COLLECTED
UPON THE TOWN'S EXISTING SALES TAX BASE, SO THAT THERE
CONTINUES TO BE NO TOWN SALES TAX UPON FOOD FOR DOMESTIC
HOME CONSUMPTION, AND THE USE TAX SHALL BE COLLECTED UPON THE
TOWN'S EXISTING USE TAX BASE?
Section 4. The number/letter designations of the ballot title herein referred shall be as
finally determined by the election officials in accordance with law.
Section 5. The Board of Trustees may submit additional ballot issues or other
measures to appear on the ballot of the election by the adoption of appropriate resolutions or
ordinances as required by law.
Section 6. The election shall be conducted as a part of a coordinated election.
Pursuant to C.R.S. Section 31-10-102.7, the Town will utilize the requirements and procedures
of the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., as amended, in lieu of
the Colorado Municipal Code of 1965, article 10 of title 31, C.R.S., as amended. 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 7. Because the election will be held as part of the coordinated election, the
Board of Trustees hereby determines that the Weld County Clerk and Recorder shall conduct the
election on behalf of the Town, to the extent and as provided in the Uniform Election Code, as
amended. The officers of the Town are hereby authorized to enter into one or more
intergovernmental agreements with the County Clerk pursuant to Section 1-7-116 and/or Article
7.5, Title 1, C.R.S. Any such intergovernmental agreement heretofore entered into in connection
with the election is hereby ratified, approved and confirmed.
Section 8. Notice of the election shall be given in the manner prescribed by Article
X, Section 20 of the Colorado Constitution, the Uniform Election Code and other applicable
laws.
Section 9. The officers and employees of the Town are hereby authorized and
Erected to take all action necessary or appropriate to effectuate the provisions of this Resolution
and the conduct of the November 7, 2017 election.
Section 10. All actions heretofore taken (not inconsistent with the provisions of this
Resolution) by the Town, directed towards the election and the objects and purposes herein
stated, are hereby ratified, approved and confirmed.
INTRODUCED, READ AND ADOPTED this 30t" day of August, 2017.
ATTEST:
�FZESTO/Y�
AUNTY
Leah Vanarsdall, Town Clerk
TOWN OF FIRESTONE, COLORADO
Paul Sorensen, Mayor
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