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HomeMy WebLinkAboutRESOLUTION 16-94RESOLUTION 16-94 A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF ESTES PARK AT THE REGULAR GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,1994,THE QUESTION OF WHETHER THE TOWN OF ESTES PARK AND THE ESTES PARK URBAN RENEWAL AUTHORITY SHOULD BE AUTHORIZED TO COLLECT AND RETAIN ALL OF THE REVENUES IN EXCESS OF THE REVENUE LIMITATIONS OF ARTICLE X,SECTION 20 OF THE COLORADO CONSTITUTION GENERATED DURING 1994 AND EACH SUBSEQUENT FISCAL YEAR THROUGH 2003 FROM SALES AND USE TAXES (WITHOUT ANY INCREASE IN SALES AND USE TAX RATES),INTEREST EARNINGS,REVENUES FROM OTHER GOVERNNENTS, FRANCHISE,LICENSE AND PERMIT FEES,MUNICIPAL COURT REVENUES,AND ALL OTHER REVENUES RECEIVED DURING 1994 AND EACH SUBSEQUENT FISCAL YEAR THROUGH 2003,AND TO EXPEND SUCH REVENUES FOR CAPITAL PROJECTS;AND AUTHORIZING THE TOWN AND THE AUTHORITY TO ENTER INTO MULTI-YEAR INTERGOVERNMENTAL AGREEMENTS TO IMPLEMENT THIS MEASURE UPON APPROVAL BY THE ELECTORS. WHEREAS,the Colorado Constitution and applicable law authorize the Town of Estes Park to refer the question herein to a vote of the registered electors of the Town of Estes Park;and WHEREAS,a regular general election of the State of Colorado will be held on November 8,1994;and WHEREAS,the Board of Trustees is of the opinion that it is in the best interests of the citizens of Estes Park that all revenues in excess of the revenue limitations of Article X,Section 20 of the Colorado Constitution generated during 1994 and each subsequent fiscal year through 2003 from its sales and use taxes (without any increase in sales and use tax rates),interest earnings,revenues from other governments,franchise,license and permit fees, Municipal Court revenues,and all other revenues received during 1994 and each subsequent fiscal year through 2003 should be collected by the Town and expended for capital projects such as: Fire Station,Open Space,Sidewalks,Trails,Landscaping, Street and Parking Lot Construction and Maintenance,Storm Drainage,Municipal Buildings/Facilities,and Intergovernmental Agreement Proj ects - WHEREAS,although the Board has been advised that it is not legally certain whether the issue of the retention and expenditure of excess sales and use tax incremental revenues (without any increase in sales and use tax rates)utilized by the Estes Park Urban Renewal Authority for downtown projects must be submitted to the voters,the Board is of the opinion that it is in the best interest of the citizens to vote on such question;and WHEREAS,the retention and expenditure of such sales and use tax incremental revenues by the Authority would be for the continuation of downtown redevelopment projects,as required in the redevelopment plan approved by this Board,and in compliance with intergovernmental agreements between the Town and the Authority; THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: 1.At the regular general election of the State of Colorado held on Tuesday,November 8,1994,there shall be submitted to the vote of the registered electors of the Town of Estes Park,the question of whether all revenues generated and received in excess of the revenue limitation of Article X,Section 20 of the Colorado Constitution from sales and use taxes (without an increase in sales and use tax rates),interest earnings,revenues from other governments,franchise,license and permit fees,Municipal Court revenues,and all other revenues received during 1994 and each subsequent fiscal year through 2003 should be collected by the Town of Estes Park and expended for capital projects such as: Fire Station,Open Space,Sidewalks,Trails,Landscaping, Street and Parking Lot Construction and Maintenance,Storm Drainage,Municipal Building/Facilities,and Intergovernmental Agreement Projects. 2.Such increase in revenues from 1994 and each subsequent fiscal year through 2003 is to be in excess of any revenue limit otherwise applicable,without limiting the collection,retention or expenditure of any other revenues or funds by the Town of Estes Park and/or the Estes Park Urban Renewal Authority under Article X, Section 20 of the Colorado Constitution or any other law. 3.The registered electors qualified to vote shall be those so qualified in compliance with applicable law. 4.The ballot question election referred to the electors shall be held in compliance with applicable law. 5.At said election,the ballot issue,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.Each registered elector voting at the election shall indicate his or her choice on the question submitted,which will be in the following form: SHALL THE TOWN OF ESTES PARK,COLORADO AND THE ESTES PARK URBAN RENEWAL AUTHORITY BE AUTHORIZED TO COLLECT MID RETAIN ALL OF THE REVENUES IN EXCESS OF THE REVENUE LIMITATIONS OP ARTICLE X,SECTION 20 OP THE COLORADO CONSTITUTION GENERATED IN 1994 MiD EACH SUBSEQUENT FISCAL YEAR THROUGH 2003 FROM SALES AND USE TAXES —2— (WITHOUT ANY INCREASE IN SALES AND USE TAX RATES),FRANCHISE, LICENSE AND PERMIT FEES,MUNICIPAL COURT REVENUES,INTEREST EARRINGS,REVENUES FROM OTHER GOVERNMENTS,AND ALL OTHER REVENUES; AND TO EXPEND ALL SUCH REVENUES FOR CAPITAL PROJECTS SUCH AS A FIRE STATION,OPEN SPACE,SIDEWALKS,TRAILS,LANDSCAPING,STREET AND PARKING LOT CONSTRUCTION AND MAINTENANCE,STORM DRAINAGE,MUNICIPAL BUILDINGS/FACILITIES,AND INTERGOVERNMENTAL AGREEMENT PROJECTS; SUCH INCREASES IN REVENUE IN EACH FISCAL YEAR TO BE IN EXCESS OF APPLICABLE REVENUE LIMITS OF ARTICLE X,SECTION 20 OF THE COLORADO CONSTITUTION;AND AUTHORIZING THE TOWN AND THE AUTHORITY TO ENTER INTO MULTI-YEAR INTERGOVERNMENTAL AGREEMENTS TO ACCOMPLISH SUCH CAPITAL PROJECTS? YES NO __________ 6.If a majority of the qualified voters,in compliance with applicable law,approve the question,the measure shall be deemed passed and effective as of the date of certification of the election. 7.Vickie O’connor,Town clerk,is hereby appointed as the designated election official for the Town of Estes Park and Tina Kuehl is hereby appointed to be her successor in case Vickie O’connor is unable to serve in said capacity. 8.Public notice of the election on the ballot question hereby submitted shall be given in compliance with applicable laws, including but not limited to publication of notice of election, mailing applicable notices to all registered electors,and mailing and assembling of comments concerning the ballot issue,as provided by law. 9.The designated election official and other officials and officers of the Town of Estes Park are hereby authorized to immediately begin negotiations for an appropriate intergovernmental agreement with the Clerk and Recorder,Larimer County,Colorado,in —3— 0 order to participate with said Clerk and Recorder in the holding of a coordinated election as provided by law. 10.The Board of Trustees,designated election official and officials and officers of the Town of Estes Park are authorized and directed to take all actions necessary or appropriate to cause the aforementioned ballot issue to be placed upon the ballot,and to effectuate the provisions of this referred measure upon approval by the electorate. Adopted this o?ã/tct day of ___________________, 1994. TOWN OF ESTES PARK Mayor ATTEST: —4—