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08-16-10 Town Council Packets(4) MEMORANDUM TO: Town Council FROM: Russ Forrest, Town Manager Marianne Rakowski, Finance Director DATE: August 16, 2010 SUBJECT: Ballot Questions Resolution No. 27; Resolution No. 28; and Resolution No. 29, all resolutions calling a Special Election and submitting a ballot issue question to the electorate. 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: At the August 2, 2010 Town Council meeting, staff was directed to prepare three ballot questions and corresponding resolutions for Council's consideration at the August 16, 2010 meeting. Action Required: Consider each resolution and vote yes or no on each. II. BACKGROUND Attachment D summarizes the background information provided at the August 2 nd Town Council meeting. The FAB's recommendation is summarized below. The below mentioned FAB recommendation would help address the $763,000 shortfall in the general fund budget in 2011 based on preliminary numbers and our conservative outlook on revenue. Revenues in the General Fund continue to decline.due to the slow economic recovery. Sales Tax revenues have decreased by 20% since 2008. Planning and Building revenues are down 88% since 2008 and Transportation parking revenue is down by 19 Expenditures have also decreased, but in order to maintain acceptable service levels, the Town has used some of the unappropriated fund balance to supplement the declining revenues. This of course, is unsustainable in the future. It should be noted that FAB has a meeting on August 11 The Financial Advisory Board, at the Town Council's request, reviewed the potential for a November ballot question and recommended that the Town pursue a ballot initiative with certain parameters summarized below: r FAB Recommendation: Dedicated to a specific purpose as specified below Use a slighly lower number than .81 mils Sunset tax in 4 years Assume .80 mils Annual Value Mils 60% for Transporation in the General Fund 330,094 0.48 40% for Parks anc Rececreation 220,063 0.32 P o tal 550,157 0,8 The FAB's primary concern was that the Town work within the .81 mills that are retiring and that any ballot initiative for funding be specific for a use and sunset after 4 years. There was also significant interest by the FAB in helping to ensure that service reductions would be lessened if a funding measure was approved by voters. 111. DISCUSSION ISSUES TRANSPORTATION AND RECREATION MILL LEVY The Town has two bonds retiring at the end of 2010. The mill levy that pays for these bonds is currently set at .81 mills and generates $559,091 from property taxes. Based on the current assessed valuation for the Town, residential property paid $64.68 per $1 M of market value and commercial property paid $234.90 per $1 M of market value in 2010. In 2011, this mill levy will not be assessed. In the most recent draft of the 2011 General Fund budget, expenditures exceed revenues by $763,000 and the total fund balance drops below the $5M goal of both the Financial Advisory Board and the Town Council. Revenues projected for 2011 have dropped by 19% or $2.7M since 2008 when the economy first saw the beginning of the recession. Expenditures are projected to exceed revenues from 2010 through 2015 by an estimated $500,000, which is unsustainable. Staff has done an incredible job of trying to maintain service levels and cutting in areas that wouldn't have a major impact felt by most of the public. There are many examples over the last year of how staff has improved efficiency, reduced costs and provided a comparable level of service to the public (i.e., reduced landscaping team still has maintained primary landscape areas, significant utility reductions have been realized, reorganization in the Town Hall has covered functions as the result of staff cuts in 2009. To provide a plan that creates a balanced budget, service cuts are now required that the public will now see and feel. Staff anticipates bringing Council service cuts as part of the 2011 budget discussion that will be significant to attain a balanced budget over the next five years. What does this mean to the public? It means that in addition to the cuts that were made for the 2010 budget, more changes will need to be made for the 2011 2015 budgets in service levels. The main cuts will be felt throughout the General Fund in the areas of Transportation (bus service), Administration (Town Hall), and other Town functions. Since government is primarily a service industry, cuts in service levels means cuts in staff. Recreation and Landscaping programs were both significantly cut during the 2010 budget season, but the Real Estate Transfer Tax continues to subsidize these programs on an annual basis at a time when RETT has seen a decrease in revenues since 2008 of 66 In order to maintain minimal landscaping and the reduced hours at the Recreation Center, the Town has had to use some of the contingency funds and continues to do so through 2015. Even with the approval of the attached resolutions for the Transportation mill levy and the Recreation mill levy, there will still need to be continued cuts in service levels for financial sustainability until the economy picks up again. Resolution No. 27, allows for a ballot question to ask the electorate to vote to impose .48 mills of property tax to apply towards Transportation services and equipment. .48 mills currently generates $330,094. The property tax for residential property and commercial property per $1 M of market value will be $38.21 and $139.20 respectively. Resolution No. 28, allows for a ballot question to ask the electorate to vote to impose .32 mills of property tax to apply towards Parks and Recreation. .32 mills currently generates $220,063. The property tax for residential property and commercial property per $1 M of market value will be $25.47 and $92.80 respectively. DROSTE PROPERTY MILL LEVY At the August 2n Town Council meeting, Council directed staff to prepare ballot language that would allow for a property tax increase to fund $2,000,000 towards the Pitkin County Open Space purchase of the Droste Property. The $2,000,000 would be funded through a bond issue (or similar debt instrument) over a period of 20 years. Resolution No. 29, allows for a ballot question to ask the electorate to vote to impose an increase in property taxes and to allow for the issuance of debt to apply towards the purchase of the Droste property. If the bonds were issued today, the total repayment cost would be approximately $2.9M, with annual payments at $147K. The ballot question allows for some protection against an increase in interest rates by using a repayment amount of $3.21VI and annual payments of $162K. The property tax for residential property and commercial property per $1 M of market value (using the amounts in the ballot question) will_ be $18.79 and $68.44 respectively IV. STAFF RECOMMENDATIONS AND FINDINGS Additional revenue in the General Fund provides the Town with the greatest flexibility to support and maintain basic town services. Dedicating additional revenue to a specific purpose such as Transportation may be more palatable to voters. Additional revenue in RETT, which has seen the most dramatic decreases in funding, would help support recreation, trails and open space maintenance. Neither of these questions makes the Towns financial situation go away, but the funding will certainly help minimize service cuts. As mentioned in the supplemental materials for the August 2, 2010 Council meeting, staff expressed concern over multiple ballot questions, particularly three. There most likely will be other funding questions by other taxing jurisdictions all competing for support of the Town's tax payers. Particularly in this economic climate, obtaining voter approval for a mill levy change will be challenging. We are now faced with the challenge of how to continue to provide basic functions in the Town with the continued economic down- turn. Staff would recommend that maintaining basic services is the most important priority. The Droste Open Space is a strategic open space acquisition and will have significant value for recreation. The contribution to Droste could occur in 2011 based on the phasing of the acquisition of the property. Respectfully, staff's concern is that by asking for multiple ballot questions it potentially increases the likelihood that operational funding for transportation which staff recommends is the highest priority, is not supported. Without funding support for particularly Transportation in the general fund, specific bus routes will be recommended for elimination along with other service cuts. Attachments: A. Resolution 27 t B. Resolution 28 C. Resolution 29 D. Supplemental Materials from the August 2 Meeting 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 27 5 SERIES OF 2010 6 7 A RESOLUTION SUBMITTING A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE 8 TOWN'S REGULAR MUNICIPAL ELECTION. 9 10 WHEREAS, the Town of Snowmass Village, is a municipal corporation duly organized and 11 existing as a home -rule municipality pursuant to Article XX of the State Constitution and laws of 12 Colorado; and 13 14 WHEREAS, Article X, Section 20 of the Colorado Constitution, hereinafter referred to as 15 "TABOR requires the Town to submit certain questions to the electorate in the manner prescribed 16 therein; and 17 18 WHEREAS, November 2, 2010, is one of the election dates at which ballot issues may be 19 submitted to the eligible electors of the Town pursuant to TABOR; and 20 21 WHEREAS, pursuant to Section 2.2 of the Town Charter, the November 2, 2010 is a regular 22 election date of the Town; and 23 24 WHEREAS, pursuant to Section 2.1 of the Town Charter, all elections of the Town are 25 governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and 26 27 WHEREAS, Section 31 -10 -102.7 Colorado Revised Statutes, contained within the Municipal 28 Election Code, permits any municipality to elect by resolution to utilize the requirements and 29 procedures of the Uniform Election Code which will thereby permit the Town to participate in the 30 coordinated election being conducted by Pitkin County (the "County on November 2, 2010; and 31 32 WHEREAS, the Council now determines it is necessary to submit to the electors of the 33 Town, at the regular municipal election which will be held as a coordinated election with the County 34 on November 2, 2010 a ballot issue question; and 35 36 WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the 37 election; and 38 39 WHEREAS, the Town Council finds that the adoption of this Resolution is necessary forthe 40 immediate preservation of the public health, safety and welfare. 41 42 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 43 Village, Colorado, as follows: 44 45 1. Ballot Question. Pursuant to the Town Charter, the Colorado Municipal Election Code of 46 1965 and the Uniform Election Code, and all laws amendatory thereof and supplemental thereto, a 47 regular municipal election shall be held on November 2, 2010, and there shall be submitted to the 48 eligible electors of the Town the question set forth as follows: 49 50 51 4 10 -27 Resolution Page 2 of 4 52 SNOWMASS VILLAGE DEBT QUESTION DROSTE PROPERTY 53 SHALL TOWN OF SNOWMASS VILLAGE DEBT BE INCREASED $2,045,000 WITH A 54 REPAYMENT COST OF $3,200,000 (MAXIMUM TOTAL PRINCIPAL AND INTEREST), AND 55 SHALL TAXES BE INCREASED $162,000 ANNUALLY FOR THE PURPOSE OF FINANCING, 56 TOGETHER WITH PITKIN COUNTY, COLORADO, THE ACQUISITION OF A COUNTY OPEN 57 SPACE PARCEL KNOWN AS THE DROSTE PROPERTY; AND SHALL THE MILL LEVY BE 58 INCREASED IN ANYYEAR, WITHOUT LIMITATION OF RATE AND IN AN AMOUNT SUFFICIENT 59 TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH DEBT OR ANY 60 REFUNDING DEBT (OR TO CREATE A RESERVE FOR SUCH PAYMENT), SUCH DEBT TO BE 61 EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION BONDS, INSTALLMENT SALES 62 AGREEMENTS, LEASE PURCHASE AGREEMENTS OR OTHER MULTIPLE FISCAL YEAR 63 FINANCIAL OBLIGATIONS; SUCH BONDS TO BE SOLD IN ONE SERIES OR MORE, FOR A 64 PRICE ABOVE OR BELOW THE PRINCIPAL AMOUNT OF SUCH SERIES, ON TERMS AND 65 CONDITIONS, AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE TOWN 66 MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE BONDS PRIOR TO 67 MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; AND SHALL THE TOWN BE 68 AUTHORIZED TO ISSUE DEBT TO REFUND THE DEBT AUTHORIZED IN THIS QUESTION, 69 PROVIDED THAT AFTER THE ISSUANCE OF SUCH REFUNDING DEBT THE TOTAL 70 OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT ISSUED PURSUANT TO THIS QUESTION 71 DOES NOT EXCEED THE MAXIMUM PRINCIPAL AMOUNT SET FORTH ABOVE, AND 72 PROVIDED FURTHER THAT ALL DEBT ISSUED BY THE TOWN PURSUANT TO THIS 73 QUESTION IS ISSUED ON TERMS THAT DO NOT EXCEED THE REPAYMENT COSTS 74 AUTHORIZED IN THIS QUESTION; AND SHALL SUCH TAX REVENUES AND THE EARNINGS 75 FROM THE INVESTMENT OF SUCH BOND PROCEEDS AND TAX REVENUES BE COLLECTED, 76 RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, 77 SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? 78 2. Conduct of the Election The Council hereby provides that the Town shall utilize the 79 requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1 of 80 Colorado Revised Statutes as authorized pursuant to the Municipal Election Code with respect to 81 the regular election and that such election shall be coordinated with and conducted by the County as 82 provided therein. 83 84 3. Designated Election Official The Town Clerk is hereby appointed as the designated 85 election official of the Town for the purposes of performing acts required or permitted by law in 86 connection with the election. Pursuant to Section 1 -1- 111(2) Colorado Revised Statutes, all powers 87 and authority granted to the Council may be exercised by the designated election official, including, 88 but not limited to the power to appoint election judges. 89 90 4. Direction to Certify the Ballot Issue The Council hereby authorizes and directs the 91 designated election official to certify to the County Clerk of the County, on or before September 3, 92 2010, the question in the form set forth in Section 1 hereof. 93 94 5. Direction to enter into Intergovernmental Agreements The officers of the Town are 95 authorized to enter into one or more intergovernmental agreements with the County Clerk of the 10 -27 Resolution Page 3 of 4 96 County pursuant to Section 1 -7 -116 of Colorado Revised Statutes contained in the Uniform Election 97 Code. Any such intergovernmental agreements heretofore entered into in connection with the 98 election are hereby ratified and approved. 99 100 6. Authority Upon Approval If a majority of the votes cast on the question to authorize 101 general obligation indebtedness and the levy of ad valorem property taxes submitted at the election 102 shall be in favor of incurring general obligation indebtedness and levying ad valorem property taxes 103 as provided in such question, the Town acting through the Council shall be authorized to proceed 104 with the necessary action to incur general obligation indebtedness and levy ad valorem property 105 taxes in accordance with such question. 106 107 The authority to contract general obligation indebtedness or to levy ad valorem property 108 taxes, if conferred by the results of the election, shall be deemed and considered a continuing 109 authority to contract the general obligation indebtedness and levy the ad valorem taxes so 110 authorized at any one time, or from time to time, and neither the partial exercise of the authority so 111 conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so 112 conferred. 113 114 7. Ratification of Prior Action All actions heretofore taken (not inconsistent with the 115 provisions of this resolution) by the Town and its officers directed toward the election and the objects 116 and purposes herein stated are hereby ratified, approved and confirmed. 117 118 8. Direction to Town Staff The officers and employees of the Town are hereby authorized 119 and directed to take all action necessary or appropriate to effectuate the provisions of this 120 Resolution. 121 122 9. Severability If any provision of this Resolution or application hereof to any person or 123 circumstance is held invalid, the invalidity shall not affect any other provision or application of this 124 Resolution which can be given effect without the invalid provision or application, and, to this end, the 125 provisions of this Resolution are severable. 126 127 .10. Inconsistency All acts, orders and resolutions, and parts thereof, inconsistent with this 128 Resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This 129 repealer shall not be construed to revive any act, order or Resolution, or part thereof, heretofore 130 repealed. 131 132 READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, 133 Colorado on August 2010, upon the motion of Council Member the second of 134 Council Member and upon a vote of in favor and opposed. 135 136 137 TOWN OF SNOWMASS VILLAGE 138 139 140 141 Bill Boineau, Mayor 10 -27 Resolution Page 4 of 4 142 143 Attest: 144 145 146 147 Rhonda B. Coxon, Town Clerk fr 1213918.2 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 28 5 SERIES OF 2010 6 7 A RESOLUTION SUBMITTING A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE 8 TOWN'S REGULAR MUNICIPAL ELECTION. 9 10 WHEREAS, the Town of Snowmass Village, is a municipal corporation duly organized and 11 existing as a home -rule municipality pursuant to Article XX of the State Constitution and laws of 12 Colorado; and 13 14 WHEREAS, Article X, Section 20 of the Colorado Constitution, hereinafter referred to as 15 "TABOR requires the Town to submit certain questions to the electorate in the manner prescribed 16 therein; and 17 18 WHEREAS, November 2, 2010, is one of the election dates at which ballot issues may be 19 submitted to the eligible electors of the Town pursuant to TABOR; and 20 21 WHEREAS, pursuant to Section 2.2 of the Town Charter, the November 2, 2010 is a regular 22 election date of the Town; and 23 24 WHEREAS, pursuant to Section 2.1 of the Town Charter, all elections of the Town are 25 governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and 26 27 WHEREAS, Section 31 -10 -102.7 Colorado Revised Statutes, contained within the Municipal 28 Election Code, permits any municipality to elect by resolution to utilize the requirements and 29 procedures of the Uniform Election Code which will thereby permit the Town to participate in the 30 coordinated election being conducted by Pitkin County (the "County on November 2, 2010; and 31 32 WHEREAS, the Council now determines it is necessary to submit to the electors of the 33 Town, at the regular municipal election which will be held as a coordinated election with the County 34 on November 2, 2010 a ballot issue question; and 35 36 WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the 37 election; and 38 39 WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the 40 immediate preservation of the public health, safety and welfare. 41 42 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 43 Village, Colorado, as follows: 44 45 1. Ballot Question. Pursuant to the Town Charter, the Colorado Municipal Election Code of 46 1965 and the Uniform Election Code, and all laws amendatory thereof and supplemental thereto, a 47 regular municipal election shall be held on November 2, 2010, and there shall be submitted to the 48 eligible electors of the Town the question set forth as follows: 49 `4. 50 51 SHALL TOWN OF SNOWMASS VILLAGE TAXES BE INCREASED $220,063 ANNUALLY, 10 -28 Resolution Page 2 of 3 52 COMMENCING IN 2010 FOR COLLECTION IN 2011, AND BY SUCH GREATER OR LESSER 53 ANNUAL AMOUNT AS MAY BE DERIVED FROM AN AD VALOREM MILL LEVY NOT IN EXCESS 54 OF .32 MILLS THEREAFATER THROUGH DECEMBER 31, 2014 (PROVIDED THAT SUCH 55 MAXIMUM MILL LEVY SHALL BE ADJUSTED UP OR DOWN TO ACCOUNT FOR CHANGES IN 56 STATE LAW OR THE METHOD BY WHICH ASSESSED VALUATION IS CALCULATED 57 PURSUANT TO STATE LAW OCCURRING AFTER 2010, SO THAT TO THE EXTENT POSSIBLE, 58 THE ACTUAL TAX REVENUES GENERATED BY THE MILL LEVY, AS ADJUSTED, ARE 59 NEITHER DIMINISHED NOR ENHANCED AS A RESULT OF SUCH CHANGES), THE 60 REVENUES THEREFROM TO BE USED FOR THE PURPOSE OF FUNDING PARK AND 61 RECREATION SERVICES AND IMPROVEMENTS OF THE TOWN AS HEREAFTER APPROVED 62 BY THE COUNCIL, AND SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT 63 INCOME THEREON BE COLLECTED AND SPENT BY THE DISTRICT AS A VOTER- APPROVED 64 REVENUE CHANGE IN CALENDAR YEARS 2011, 2012, 2013 AND 2014, WITHOUT REGARD 65 TO ANY SPENDING, REVENUE RAISING, OR OTHER LIMITATION CONTAINED WITHIN 66 ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW? 67 2. Conduct of the Election The Council hereby provides that the Town shall utilize the 68 requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1 of 69 Colorado Revised Statutes as authorized pursuant to the Municipal Election Code with respect to 70 the regular election and that such election shall be coordinated with and conducted by the County as 71 provided therein. 72 73 3. Designated Election Official The Town Clerk is hereby appointed as the designated 74 election official of the Town for the purposes of performing acts required or permitted by law in 75 connection with the election. Pursuant to Section 1 -1- 111(2) Colorado Revised Statutes, all powers 76 and authority granted to the Council may be exercised by the designated election official, including, 77 but not limited to the power to appoint election judges. 78 79 4. Direction to Certify the Ballot Issue The Council hereby authorizes and directs the 80 designated election official to certify to the County Clerk of the County, on or before September 3, 81 2010, the question in the form set forth in Section 1 hereof. 82 83 5. Direction to enter into Intergovernmental Agreements The officers of the Town are 84 authorized to enter into one or more intergovernmental agreements with the County Clerk of the 85 County pursuant to Section 1 -7 -116 of Colorado Revised Statutes contained in the Uniform Election 86 Code. Any such intergovernmental agreements heretofore entered into in connection with the 87 election are hereby ratified and approved. 88 89 6. Authority Upon Approval If a majority of the votes cast on the question to authorize the 90 levy of ad valorem property taxes submitted at the election shall be in favor of incurring the levying 91 ad valorem property taxes as provided in such question, the Town acting through the Council shall 92 be authorized to proceed with the necessary action to levy ad valorem property taxes in accordance 93 with such question. 94 95 The authority to levy ad valorem property taxes, if conferred by the results of the election, t_ 96 shall be deemed and considered a continuing authority to levy the ad valorem taxes so authorized at 10 -28 Resolution Page 3 of 3 97 any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor 98 any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. 99 100 7. Ratification of Prior Action All actions heretofore taken (not inconsistent with the 101 provisions of this resolution) by the Town and its officers directed toward the election and the objects 102 and purposes herein stated are hereby ratified, approved and confirmed. 103 104 8. Direction to Town Staff The officers and employees of the Town are hereby authorized 105 and directed to take all action necessary or appropriate to effectuate the provisions of this 106 Resolution. 107 108 9. Severability If any provision of this Resolution or application hereof to any person or 109 circumstance is held invalid, the invalidity shall not affect any other provision or application of this 110 Resolution which can be given effect without the invalid provision or application, and, to this end, the 111 provisions of this Resolution are severable. 112 113 10. Inconsistency All acts, orders and resolutions, and parts thereof, inconsistent with this 114 Resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This 115 repealer shall not be construed to revive any act, order or Resolution, or part thereof, heretofore 116 repealed. 117 118 READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, 119 Colorado on August 16, 2010, upon the motion of Council Member the second of 120 Council Member and upon a vote of in favor and opposed. 121 122 123 TOWN OF SNOWMASS VILLAGE 124 125 126 127 Bill Boineau, Mayor 128 129 Attest: 130 131 132 133 Rhonda B. Coxon, Town Clerk 1214042.2 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 29 5 SERIES OF 2010 6 7 A RESOLUTION SUBMITTING A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE 8 TOWN'S REGULAR MUNICIPAL ELECTION. 9 10 WHEREAS, the Town of Snowmass Village, is a municipal corporation duly organized and 11 existing as a home -rule municipality pursuant to Article XX of the State Constitution and laws of 12 Colorado; and 13 14 WHEREAS, Article X, Section 20 of the Colorado Constitution, hereinafter referred to as 15 "TABOR requires the Town to submit certain questions to the electorate in the manner prescribed 16 therein; and 17 18 WHEREAS, November 2, 2010, is one of the election dates at which ballot issues may be 19 submitted to the eligible electors of the Town pursuant to TABOR; and 20 21 WHEREAS, pursuant to Section 2.2 of the Town Charter, the November 2, 2010 is a regular 22 election date of the Town; and 23 24 WHEREAS, pursuant to Section 2.1 of the Town Charter, all elections of the Town are 25 governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and 26 27 WHEREAS, Section 31 -10 -102.7 Colorado Revised Statutes, contained within the Municipal 28 Election Code, permits any municipality to elect by resolution to utilize the requirements and 29 procedures of the Uniform Election Code which will thereby permit the Town to participate in the 30 coordinated election being conducted by Pitkin County (the "County on November 2, 2010; and 31 32 WHEREAS, the Council now determines it is necessary to submit to the electors of the 33 Town, at the regular municipal election which will be held as a coordinated election with the County 34 on November 2, 2010 a ballot issue question; and 35 36 WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the 37 election; and 38 39 WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the 40 immediate preservation of the public health, safety and welfare. 41 42 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 43 Village, Colorado, as follows: 44 45 1. Ballot Question. Pursuant to the Town Charter, the Colorado Municipal Election Code of 46 1965 and the Uniform Election Code, and all laws amendatory thereof and supplemental thereto, a 47 regular municipal election shall be held on November 2, 2010, and there shall be submitted to the 48 eligible electors of the Town the question set forth as follows: 49 50 SHALL TOWN OF SNOWMASS VILLAGE TAXES BE INCREASED $330,094 ANNUALLY, 51 COMMENCING IN 2010 FOR COLLECTION IN 2011, AND BY SUCH GREATER OR LESSER 10 -29 Resolution Page 2 of 3 52 ANNUAL AMOUNT AS MAY BE DERIVED FROM AN AD VALOREM MILL LEVY NOT IN EXCESS 53 OF .48 MILLS THEREAFTER THROUGH DECEMBER 31, 2014 (PROVIDED THAT SUCH 54 MAXIMUM MILL LEVY SHALL BE ADJUSTED UP OR DOWN TO ACCOUNT FOR CHANGES IN 55 STATE LAW OR THE METHOD BY WHICH ASSESSED VALUATION IS CALCULATED 56 PURSUANT TO STATE LAW OCCURRING AFTER 2010, SO THAT TO THE EXTENT POSSIBLE, 57 THE ACTUAL TAX REVENUES GENERATED BY THE MILL LEVY, AS ADJUSTED, ARE 58 NEITHER DIMINISHED NOR ENHANCED AS A RESULT OF SUCH CHANGES), THE 59 REVENUES THEREFROM TO BE USED FOR FUNDING TRANSPORTATION SERVICES AND 60 EQUIPMENT OF THE TOWN AS IS HEREAFTER AUTHORIZED BY THE TOWN COUNCIL, AND 61 SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT INCOME THEREON BE 62 COLLECTED AND SPENT BY THE DISTRICT AS A VOTER- APPROVED REVENUE CHANGE IN 63 CALENDAR YEARS 2011, 2012, 2013 AND 2014, WITHOUT REGARD TO ANY SPENDING, 64 REVENUE RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 65 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW? 66 2. Conduct of the Election The Council hereby provides that the Town shall utilize the 67 requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1 of 68 Colorado Revised Statutes as authorized pursuant to the Municipal Election Code with respect to 69 the regular election and that such election shall be coordinated with and conducted by the County as 70 provided therein. 71 72 3. Designated Election Official The Town Clerk is hereby appointed as the designated 73 election official of the Town for the purposes of performing acts required or permitted by law in 74 connection with the election. Pursuant to Section 1 -1- 111(2) Colorado Revised Statutes, all powers 75 and authority granted to the Council may be exercised by the designated election official, including, 76 but not limited to the power to appoint election judges. 77 78 4. Direction to Certify the Ballot Issue The Council hereby authorizes and directs the 79 designated election official to certify to the County Clerk of the County, on or before September 3, 80 2010, the question in the form set forth in Section 1 hereof. 81 82 5. Direction to enter into Intergovernmental Agreements The officers of the Town are 83 authorized to enter into one or more intergovernmental agreements with the County Clerk of the 84 County pursuant to Section 1 -7 -116 of Colorado Revised Statutes contained in the Uniform Election 85 Code. Any such intergovernmental agreements heretofore entered into in connection with the 86 election are hereby ratified and approved. 87 88 6. Authority Upon Approval If a majority of the votes cast on the question to authorize the 89 levy of ad valorem property taxes submitted at the election shall be in favor of incurring the levying 90 ad valorem property taxes as provided in such question, the Town acting through the Council shall 91 be authorized to proceed with the necessary action to levy ad valorem property taxes in accordance 92 with such question. 93 94 The authority to levy ad valorem property taxes, if conferred by the results of the election, 95 shall be deemed and considered a continuing authority to levy the ad valorem taxes so authorized at 10 -29 Resolution Page 3 of 3 96 any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor 97 any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. 98 99 7. Ratification of Prior Action All actions heretofore taken (not inconsistent with the 100 provisions of this resolution) by the Town and its officers directed toward the election and the objects 101 and purposes herein stated are hereby ratified, approved and confirmed. 102 103 8. Direction to Town Staff The officers and employees of the Town are hereby authorized 104 and directed to take all action necessary or appropriate to effectuate the provisions of this 105 Resolution. 106 107 9. Severability If any provision of this Resolution or application hereof to any person or 108 circumstance is held invalid, the invalidity shall not affect any other provision or application of this 109 Resolution which can be given effect without the invalid provision or application, and, to this end, the 110 provisions of this Resolution are severable. 111 112 10. Inconsistency All acts, orders and resolutions, and parts thereof, inconsistent with this 113 Resolution be, and the same hereby are, repealed to the extent only of such inconsistency, This 114 repealer shall not be construed to revive any act, order or Resolution, or part thereof, heretofore 115 repealed. 116 117 READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, 118 Colorado on August 16, 2010, upon the motion of Council Member the second of 119 Council Member and upon a vote of in favor and opposed. 120 121 122 TOWN OF SNOWMASS VILLAGE 123 124 125 126 Bill Boineau, Mayor 127 128 Attest: 129 130 131 132 Rhonda B. Coxon, Town Clerk 1214041.3 2010 Ballot Question Options Supplemental Materials for Item No. 7 in the August 2, 2010 Council Packet 1) Purpose The purpose of this supplement is to inform Council that: a.) The County is under the contract for the Droste property and are requesting funding assistance from the Town to complete the purchase (see attached letter), and to b.) Provide additional information to consider options for a ballot question(s) in November of 2010. 2) Retiring Bonds The following summarizes the existing bonds that are retiring in 2010: Retirine Bonds Mills Road Bonds $37,485 Operations Facility 521 606 Total $559,091 .81 mils 3) FAB Recommendation The Financial Advisory Board, at the Town Council's request, reviewed the potential for a November ballot question and recommended that the Town pursue a ballot initiative with certain parameters summarized below: FAB Recommendation: Dedicated to a specific prurpose as specified below Use a slighly lower number than .81 mils Sunset tax in 4 years Assume .80 mils Annual Value Mils 60% for Transporation in the General Fund 330,094 0.48 40% for Parks anc Rececreation 220,063 0.32 Total 550,1571 0.8 The above mentioned FAB recommendation would help address the $611,000 shortfall in the general fund budget in 2011 based on preliminary numbers and our conservative outlook on revenue. Revenues in the General Fund continue to decline due to the slow economic recovery. Sales Tax revenues have decreased by 20% since 2008. Planning and Building revenues are down 88% since 2008 and Transportation parking revenue is down by 19 Expenditures have also decreased, but in order to maintain acceptable service levels, the Town has used some of the unappropriated fund balance to supplement the declining revenues. This of course, is unsustainable in the future. The Town is therefore facing additional service cuts in order to bring the expenditures in under revenues. The Recreation Center budget has also been reduced in the last year and its financial sustainability is being managed by controlling hours of operation and managing other costs. The FAB recommendation may require two ballot questions addressing the two purposes for which the tax increase is being requested. 4) Droste /Pitkin County Acquisition /Request for Town Assistance Pitkin County on Thursday July 29 t h, confirmed that they were under contract to purchase the Droste Property totaling 742 acres. The intended use of this site is for open space and non- winter trail usage. The County is requesting that the Town support this purchase. The City of Aspen is also being requested to support this purchase. The contract amount is $18 million. The County open space staff has the following assumptions on how to pay for the land purchase: Anticipated Sources for the Purchase of the Droste Property Low Hi h Pitkin County Is 10 10,000,000 GOCO 2,500,000 3,500,000 City of Aspen 1,000,000 2,000,000 Town of Snowmass Village 1,000,000 2,000,000 Private Sources 3,500,000 500,000 Total 18,000,000 18,000,000 Staff has reviewed all applicable funds to determine if the Town could make cash contribution. However, staff can not recommend paying cash with our current and projected fund balances in either the RETT or General Fund, particularly in these uncertain economic times. If the Council wants to help in this purchase, staff would only recommend that a ballot question be put to the voters to request funding to pay for the Town's share with a property tax. The following provides a summary of options for financing between $1 million $2 million. The final option of "0% interest" assumes the Town would ask voters to consider a mill levy and the Town would pay that value on an annual basis to the County fora 10 year period. The County has not stated that they could finance the Town's contribution and, in the event the County will not, the ballot question will have to authorize a bond issue as well. Bonding Value Period (Years) Cost /year Mills Funded By 10 Year Bonding at 2.75% interest Property Tax 2,000,000 10 236,565 0.344 1,500,000 10 177,535 0.258 1,000,000 10 119,095 0.173 20 Year Bonding at 3.59% interest Property Tax 2,000,000 20 146,239 0.213 1,500,000 20 109,893 0.160 1,000,000 20 73,164 0.106 10 Year 0% interest No Bonding /County Finances) Property Tax 2,000,000 10 200,000 N/A 1,500,000 10 150,000 N/A 1,000,000 10 100,000 N/A 5) Options for a November Election It appears along with the various state ballot questions, there will be local ballot questions from the School District and Wildcat Fire District. The FAB recommendation may require two questions and the Droste would require a third question. A simple rule of thumb for considering a funding ballot questions is: 1) Is it essential for funding a critical public project or operation? 2) Do the elected officials feel passionate enough to publically support (consistent with state law) the ballot measure? 3) Is there a reasonable expectation that there will be public support for a ballot measure? Multiple funding questions on a ballot are problematic in terms of expecting a successful result. Only asking for the most essential questions is recommended. The Town has significant budget issues with operations. We have had to cut personnel and we began to cut services in the last year with the elimination of route 7 bus service. The Recreation Center and the Green Team reduced expenditures to reflect an 85% reduction in the RETT budget in 2009. The Droste property is also a strategic piece of open space that has significant recreational and open space value. The Town is being requested (see letter from Pitkin County) to support this purchase. The following are options for the Council's consideration of potential ballot measures. These options may also lead to a discussion on other ballot question ideas. However, it is critical that the Town staff receive direction at the August 2 "d meeting so that ballot language could be presented to the Council for approval via a resolution on August 16` The following are options and considerations for each: A. No Question(s): Don't pursue any funding questions: This is a difficult economic year for everyone and finding support for any governmental spending proposal will be difficult. On the other hand, the Town has worked to cut costs in a way that minimizes impact to our public services. If the economy does not improve further cuts most likely will be required that will impact our public services. In addition, Pitkin County would need to find alternative funding for the Droste property. B. Three Questions: Develop three ballot questions that includes the 2 ballot questions recommended by the FAB and 1 ballot question that would authorize a property tax and bonding to support $1 -$2 million in funding for the Droste property. This option gives the most options to the community to precisely choose what voters may want to support. It's also most likely that the community will not support all three ballot questions. Staff would recommend that the highest priority for a ballot initiative is to maintain the Town's economic sustainability and ability to provide public services. C. Two Questions: If the Council wanted to support the Droste property it could also ask for a Parks and Recreation mill levy along with a mill levy for transportation. The Parks and Recreation mill levy could also be used for assisting in the purchase of the Droste property (This was not contemplated by the FAB). The Town could request that the County finance the Town's contribution to avoid paying interest on bonding. If there was a windfall with RETT transactions (say from a Base Village transaction) after replenishing the contingency fund iri RETT, the Town could pay off any commitment to the acquisition of the Droste contribution if it chooses. This option is not approved by the County. It should be noted, that the Town would not have the available funds to augment operations at the Recreation Center in this scenario. The Town could also create two ballot questions as the FAB recommended and consider a 2011 question for support of the Droste property as described below. D. One Question: Staff would recommend that additional funding for transportation operations has the greatest positive impact to the Town (particularly at .80 mills). The Town could consider asking for voter approval of that one question. In an effort to keep to one question in 2010, the Town could commit to asking a ballot question in November 2011 for the Droste property. The County is assuming that there will be three phases for the purchase of the property with final phase and payment for that phase not coming until December 15, 2011. Attachment: Letter from Pitkin County with attachments N ANa 0 rk rN ca�� July 30, 2010 Town Council of Snowmass Village PO Box 5010 Snowmass Village Colorado 81615 RE: Request for Participation in Open Space Acquisition Dear Council Members: I am writing to request your financial participation in Pitkin County's effort to secure the 742 acre centerpiece of an open space system that we have all been building for nearly two decades_ As chronicled the attached timeline, Snowmass Village launched a series of open space acquisitions with North Mesa in 1991. Since that time, we have joined you, along with the City of Aspen, in acquiring outright over 1500 acres of open space lands between the Town and Cozy Point, along with another 662 acres in conservation easements. We now have an opportunity to tie all of this investment together. (See attached Map) Contemporaneously with this letter, we have also submitted a grant to Great Outdoors Colorado, and afunding request to the City of Aspen, each requesting $2.5 million. This Wednesday, Peter and Bruce Droste signed a contract agreeing to the phased conveyance of 742 acres along the Brush Creek ridgeline to the Pitkin County Open Space Program and its partners. As you may know, this land recently received approvals for development of 9 large homes, serviced by a three mile long access road to wind up the ridge from Brush Creek. Our contract would secure the entire approved PUD for community open space at a total price of $18,000,000.00, below an appraisal we received commissioned this March from Hunsperger and Weston Ltd. Because the magnitude of this purchase is outside our capacity to "go alone," the phasing of the contract is designed to allow us maximum opportunity to raise the outside funds needed to secure the whole. In Phase 1, Pitkin County will acquire 108 acres referred to as the "Airport Parcel" for $500,000, and an equestrian trail easement parallel to the existing Brush Creek bike trail. This "Airport Parcel" will expand our existing "Cozy Point South" Open Space up and over the ridge, providing a summer trail connection between the Brush Creek and Owl Creek Open Space Trails Program 530 E. Main, Suite 301 Aspen, Colorado 81611 �PRINTED ON RECYCLED PAPER (970) 920 -5232 f drainages. This payment also secures option for sequential closings on the balance. In Phase II, which must close by on December 15, 2010, an additional $9.5 million will be due in exchange for 5 of 9 approved ridgetop lots in the subdivision totaling of 335 acres, and a small additional portion of the Brush Creek equestrian easement. We also have the ability to accelerate closing on two of the lots. Finally, in Phase III, the remaing 4 lots may be acquired for $8 million, a total of 327 acres, if funds are available by December 15, 2011. The public value of this property can hardly be overstated. The Drostes' ridge lies in the center of the Brush Creek corridor, the front door to Snowmass Village. This ridgeline is visible from many points in the upper Roaring Fork Valley, including Snowmass Village, Aspen's west end, and along several miles of both the Rio Grande Trail (GOCO Legacy Project), from many points on your single track system, and not to mention State Highway 82. Conversely, the views from this property are truly extraordinary. The Director Aspen's Parks Department, Jeff Woods, stated that the ridgeline is the "most powerful open space land I have ever visited." If successful, our acquisition will afford seasonal public access for equestrians, mountain bikes, hikers, photographers, and more, while tying together a trail system into a world class whole. We are proposing to call the property the "Wapiti Ridge Mountain Park in recognition of the Rocky Mountain Elk which rely on this area as their winter migration route. The land also hosts an intact native plant community that is seldom seen is such an aboriginal state. Purchasing this property would be a crowning achievement for the Town's Comprehensve Plan, which states that "The Town values the separation afforded by the undeveloped open space along Highline, Brush Creek, and Owl Creek Roads, and wants to preserve the sequence of open views that unfold along Brush Creek Road." We understand that you will be discussing possible funding mechanisms at your upcoming meeting, which could include participation in this landmark open space purchase. I am very cognizant of the fiscal challenges faces by all towns this year, and I appreciate the opportunity to discuss this at further your meeting. B t e ds Dale Will Director Cc: Russ Forrest, Manager, Snowmass Village Board of County Commissioners of Pitkin County Jeff Woods, Manager, Aspen Parks and Recreation Tim McFlynn, Chair, Pitkin County Open Space and Trails Board TIMELINE OF CONSERVATION EVENTS IN THE BRUSH CREEK VALLEY 1991 TOSV acquires .North Mesa: 649 acres from Snowmass Land Company in conjunction with development approvals for the Horse Ranch Subdivision. TOTAL ACREAGE CONSERVED 649 1994 TOSV acquires Hidden Valley: 213 acres from Snowmass Land Company in conjunction with development approvals. TOTAL ACREAGE CONSERVED 862 1995 POST acquires Seven Star Ranch I: 145 acres in fee and 60 acres under conservation easement for $1,400,000. For the 15 years following acquisition, POST has transformed the property from a thistle patch to native dryland vegetation. TOTAL ACREAGE CONSERVED 1,067 (1,007 Fee /60 CE) 1996 POST acquires Droste I Conservation Easement: 99 acres for $480,000 in our first attempt to protect the Droste Ranch. TOTAL ACREAGE CONSERVED 1,166 (1,007 Fee /159 CE) 1999 TOSV and POST acquire the Droste H Conservation Easement: 503 acres of the Brush Creek Ranch (421 acres of this CE is included in the proposed acquisition) for $7,500,000. TOSV negotiated this acquisition to protect the valley floor, and passed a bond to fund their portion of the purchase. City of Aspen purchased Cozy Point Ranch; 168 acres for $2,700,000. The property hosts a City run equestrian facility (the only public owned equestrian facility in the valley) and a public archery range. The land is leased for cattle grazing and hay production. Fronting two miles of State Highway 82, the property is a key component to the pastoral setting in the upper Roaring Fork valley. TOTAL ACREAGE CONSERVED 1,837 (1,175 Fee/662 CE) 2004 POST acquires Seven Star II: 232 acres, for $5,345,000 with assistance from a GOCO open space grant: A conservation easement to the benefit of AVLT overlays the property. Since purchasing the property, the valley floor has been transformed from an abandoned hayfield to wetlands, with the help of some beavers. POST even employed the assistance of a beaver whisperer, who installed a "beaver deceiver to help manage the return of beavers to the valley without disrupting the operations of the ditch headgate that serves the downstream properties. TOTAL ACREAGE CONSERVED M 2,069 (1,407 Fee/662 CE) 2005 POST purchased Cozy Point South: 135 acres, for $2,750,000 again with the help of a GOCO open space grant, as well as TOSV and City of Aspen. The property is encumbered by a conservation easement to AVLT. The valley floor is leased for hay production, consistent wit hits historical use. POST, Pitkin County, TOSV, Aspen partnered to stop the installation of an above ground transmission line up the Brush Creek Valley. Holy Cross Energy proposed 90 foot towers along the lands that these agencies worked so hard to preserve. Holy Cross ended up putting the line underground, preserving the scenic value of the corridor. TOTAL ACREAGE CONSERVED 2,204 (1,542 Fee /662 CE) 2006 POST constructs the Brush Creek Trail, a long awaited connection between TOSV and the Rio Grande Trail. The trail provides public access along the frontage of many of these preserved lands. WAPITI RIDGE MOUNTAIN PARK EXISTING CONDITIONS Igg NOTES: Wapiti Ridge Lots 1 -9 have development approvals for homes Land Retained by Seller ranging from 8,250 sgft to 10,000 sqft in size. An Conservation Easement access road with nine switchbacks has also been approved. Open Space Tract B is approximately 467 acres and is under USFS conservation easement. SV Town Boundary Sellers will retain Lot 10, which includes 34 acres BAspen Town Boundary that are under conservation easement, and Tract A Structures which is under a conservation easement. Trails Approved Homesite Approved Road 0 1.000 2,000 Feet 0 S� r� t to m Rc o c A Q v c i cn wX m O C A '0 A ao 7C o v, Z a w a d -v c r A P n m c co m m COD N. To: Town Council From: Russ Forrest and Marianne Rakowski Date: August 13, 2010 Re: FAB Recommendations FAB RECOMMENDATION: The Financial Advisory Board (FAB) met August 11, 2010 and discussed its recommendation on the ballot questions in light of the request from the County to help pay for the Droste property. Based on that discussion, the FAB amended its original recommendation to the following: 1) Total mill levy increase cumulatively for all Snowmass Village ballot measures should not be more than .81 mills. 2) The FAB is recommending two ballot questions (versus three) including: Create a ballot question for a new mill levy to pay $200,000 per year for 5 years (without bonding) for a total of $1,000,000 to help pay. for the Droste Property (Resolution No. 30). Create a ballot question for a new mill levy dedicated to Transportation in the General fund to sunset in 5 years (Resolution 31). The specifics of the recommendation are summarized below: FAB Recommendation: Dedicated to a specific purpose as specified below Would sunset in 5 years Assume .81 mills Annual Value Mils Droste Property $200,000 0.29 Remainder for Transportation in the General Fund 357,500 0.52 Total 557,500 0.81 All but one member approved of the recommendation. The one dissenting vote was to change the sunsetting from 4 to 5 years. SUMMARY OF RESOLUTIONS To help provide clarity in considering both the resolutions /ballot questions from the direction provided on August 2 nd and the FAB recommendation provided from its meeting on August 11 2010 the following summary is provided: Resolutions based on Council's direction on 8/2/10 Property Estimated Tax Amount Resolution Pur ose MULL= Funded Anpually Length rs 27 Transportation Funding 0.48 330,094 4 28 Parks and Recreation Funding 0.32 220,063 4 29 Droste Open Space inc debt 0.24 162,000 20 TOTALS 1.04 712,157 Resolutions based on FAB recommendation from 8/11/10 FAB meeting Property Estimated Tax Amount Resolution Pur ose Mill Levy Funded Annuall y Length jyrs 30 Droste Open Space no debt 0.29 200,000 5 31 Transportation Funding 0.52 357 5 TOTALS 0.81 557,500 r 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 30 5 SERIES OF 2010 6 7 A RESOLUTION SUBMITTING A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE 8 TOWN'S REGULAR MUNICIPAL ELECTION. 9 10 WHEREAS, the Town of Snowmass Village, is a municipal corporation duly organized and 11 existing as a home -rule municipality pursuant to Article XX of the State Constitution and laws of 12 Colorado; and 13 14 WHEREAS, Article X, Section 20 of the Colorado Constitution, hereinafter referred to as 15 "TABOR requires the Town to submit certain questions to the electorate in the manner prescribed 16 therein; and 17 18 WHEREAS, November 2, 2010, is one of the election dates at which ballot issues may be 19 submitted to the eligible electors of the Town pursuant to TABOR; and 20 21 WHEREAS, pursuant to Section 2.2 of the Town Charter, the November 2, 2010 is a regular 22 election date' of the Town; and 23 F 24 WHEREAS, pursuant to Section 2.1 of the Town Charter, all elections of the Town are 25 governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and 26 27 WHEREAS, Section 31 -10 -102.7 Colorado Revised Statutes, contained within the Municipal 28 Election Code, permits any municipality to elect by resolution to utilize the requirements and 29 procedures of the Uniform Election Code which will thereby permit the Town to participate in the 30 coordinated election being conducted by Pitkin County (the "County on November 2, 2010; and 31 32 WHEREAS, the Council now determines it is necessary to submit to the electors of the 33 Town, at the regular municipal election which will be held as a coordinated election with the County 34 on November 2, 2010 a ballot issue question; and 35 36 WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the 37 election; and 38 39 WHEREAS, the Town Council finds that the adoption of this Resolution is necessary forthe 40 immediate preservation of the public health, safety and welfare. 41 42 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 43 Village, Colorado, as follows: 44 45 1. Ballot Question. Pursuant to the Town Charter, the Colorado Municipal Election Code of 46 1965 and the Uniform Election Code, and all laws amendatory thereof and supplemental thereto, a 47 regular municipal election shall be held on November 2, 2010, and there shall be submitted to the 48 eligible electors of the Town the question set forth as follows: 49 50 51 SHALL TOWN OF SNOWMASS VILLAGE TAXES BE INCREASED $200,000 ANNUALLY, 10 -30 Resolution Page 2 of 3 52 COMMENCING IN 2010 FOR COLLECTION IN 2011, AND BY SUCH GREATER OR LESSER 53 ANNUAL AMOUNT AS MAY BE DERIVED FROM AN AD VALOREM MILL LEVY NOT IN EXCESS 54 OF .29 MILLS ANNUALLY THEREAFTER FOR COLLECTION THROUGH DECEMBER 31, 2015 55 (PROVIDED THAT SUCH MAXIMUM MILL LEVY SHALL BE ADJUSTED UP OR DOWN TO 56 ACCOUNT FOR CHANGES IN STATE LAW OR THE METHOD BY WHICH ASSESSED 57 VALUATION IS CALCULATED PURSUANT TO STATE LAW OCCURRING AFTER 2010, SO 58 THAT TO THE EXTENT POSSIBLE, THE ACTUAL TAX REVENUES GENERATED BY THE MILL 59 LEVY, AS ADJUSTED, ARE NEITHER DIMINISHED NOR ENHANCED AS A RESULT OF SUCH 60 CHANGES), THE REVENUES THEREFROM TO BE USED FOR THE PURPOSE OF FINANCING, 61 TOGETHER WITH PITKIN COUNTY, COLORADO, THE ACQUISITION OF A COUNTY OPEN 62 SPACE PARCEL KNOWN AS THE DROSTE PROPERTY; AND SHALL THE PROCEEDS OF 63 SUCH TAXES AND INVESTMENT INCOME THEREON BE COLLECTED AND SPENT BY THE 64 TOWN AS A VOTER- APPROVED REVENUE CHANGE IN CALENDAR YEARS 2011, 2012, 2013, 65 2014, AND 2015 WITHOUT REGARD TO ANY SPENDING, REVENUE RAISING, OR OTHER 66 LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO 67 CONSTITUTION, OR ANY OTHER LAW? 68 2. Conduct of the Election The Council hereby provides that the Town shall utilize the 69 requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1 of 70 Colorado Revised Statutes as authorized pursuant to the Municipal Election Code with respect to E_ 71 the regular election and that such election shall be coordinated with and conducted by the County as 72 provided therein. 73 74 3. Designated Election Official The Town Clerk is hereby appointed as the designated 75 election official of the Town for the purposes of performing acts required or permitted by law in 76 connection with the election. Pursuant to Section 1 -1- 111(2) Colorado Revised Statutes, all powers 77 and authority granted to the Council may be exercised by the designated election official, including, 78 but not limited to the power to appoint election judges. 79 80 4. Direction to Certify the Ballot Issue The Council hereby authorizes and directs the 81 designated election official to certify to the County Clerk of the County, on or before September 3, 82 2010, the question in the form set forth in Section 1 hereof. 83 84 5. Direction to enter into Intergovernmental Agreements The officers of the Town are 85 authorized to enter into one or more intergovernmental agreements with the County Clerk of the 86 County pursuant to Section 1 -7 -116 of Colorado Revised Statutes contained in the Uniform Election 87 Code. Any such intergovernmental agreements heretofore entered into in connection with the 88 election are hereby ratified and approved. 89 90 6. Authority Upon Approval If a majority of the votes cast on the question to authorize the 91 levy of ad valorem property taxes submitted at the election shall be in favor of incurring the levying 92 ad valorem property taxes as provided in such question, the Town acting through the Council shall 93 be authorized to proceed with the necessary action to levy ad valorem property taxes in accordance 94 with such question. 95 10 -30 Resolution Page 3 of 3 96 The authority to levy ad valorem property taxes, if conferred by the results of the election, 97 shall be deemed and considered a continuing authority to levy the ad valorem taxes so authorized at 98 any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor 99 any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. 100 101 7. Ratification of Prior Action All actions heretofore taken (not inconsistent with the 102 provisions of this resolution) by the Town and its officers directed toward the election and the objects 103 and purposes herein stated are hereby ratified, approved and confirmed. 104 105 8. Direction to Town Staff The officers and employees of the Town are hereby authorized 106 and directed to take all action necessary or appropriate to effectuate the provisions of this 107 Resolution. 108 109 9. Severability If any provision of this Resolution or application hereof to any person or 110 circumstance is held invalid, the invalidity shall not affect any other provision or application of this 111 Resolution which can be given effect without the invalid provision or application, and, to this end, the 112 provisions of this Resolution are severable. 113 114 10. Inconsistency All acts, orders and resolutions, and parts thereof, inconsistent with this 115 Resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This 116 repealer shall not be construed to revive any act, order or Resolution, or part thereof, heretofore 117 repealed. 118 119 READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, 120 Colorado on August 16, 2010, upon the motion of Council Member the second of 121 Council Member and upon a vote of in favor and opposed. 122 123 124 TOWN OF SNOWMASS VILLAGE 125 126 127 128 Bill Boineau, Mayor 129 130 Attest: 131 132 133 134 Rhonda B. Coxon, Town Clerk X 1219682.2 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 RESOLUTION NO. 31 5 SERIES OF 2010 6 7 A RESOLUTION SUBMITTING A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE 8 TOWN'S REGULAR MUNICIPAL ELECTION. 9 10 WHEREAS, the Town of Snowmass Village, is a municipal corporation duly organized and 11 existing as a home -rule municipality pursuant to Article XX of the State Constitution and laws of 12 Colorado; and 13 14 WHEREAS, Article X, Section 20 of the Colorado Constitution, hereinafter referred to as 15 "TABOR requires the Town to submit certain questions to the electorate in the manner prescribed 16 therein; and 17 18 WHEREAS, November 2, 2010, is one of the election dates at which ballot issues may be 19 submitted to the eligible electors of the Town pursuant to TABOR; and 20 21 WHEREAS, pursuant to Section 2.2 of the Town Charter, the November2, 2010 is a regular 22 election date of the Town; and 23 24 WHEREAS, pursuant to Section 2.1 of the Town Charter, all elections of the Town are 25 governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and 26 27 WHEREAS, Section 31 -10 -102.7 Colorado Revised Statutes, contained within the Municipal 28 Election Code, permits any municipality to elect by resolution to utilize the requirements and 29 procedures of the Uniform Election Code which will thereby permit the Town to participate in the 30 coordinated election being conducted by Pitkin County (the "County on November 2, 2010; and 31 32 WHEREAS, the Council now determines it is necessary to submit to the electors of the 33 Town, at the regular municipal election which will be held as a coordinated election with the County 34 on November 2, 2010 a ballot issue question; and 35 36 WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the 37 election; and 38 39 WHEREAS, the Town Council finds that the adoption of this Resolution is necessary forthe 40 immediate preservation of the public health, safety and welfare. 41 42 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 43 Village, Colorado, as follows: 44 45 1. Ballot Question. Pursuant to the Town Charter, the Colorado Municipal Election Code of 46 1965 and the Uniform Election Code, and all laws amendatory thereof and supplemental thereto, a 47 regular municipal election shall be held on November 2, 2010, and there shall be submitted to the 48 eligible electors of the Town the question set forth as follows: 49 50 51 SHALL TOWN OF SNOWMASS VILLAGE TAXES BE INCREASED $357,500 ANNUALLY, 10 -31 Resolution Page 2 of 3 52 COMMENCING IN 2010 FOR COLLECTION IN 2011, AND BY SUCH GREATER OR LESSER 53 ANNUAL AMOUNT AS MAY BE DERIVED FROM AN AD VALOREM MILL LEVY NOT IN EXCESS 54 OF .52 MILLS ANNUALLY THEREAFTER FOR COLLECTION THROUGH DECEMBER 31, 2015 55 (PROVIDED THAT SUCH MAXIMUM MILL LEVY SHALL BE ADJUSTED UP OR DOWN TO 56 ACCOUNT FOR CHANGES IN STATE LAW OR THE METHOD BY WHICH ASSESSED 57 VALUATION IS CALCULATED PURSUANT TO STATE LAW OCCURRING AFTER 2010, SO 58 THAT TO THE EXTENT POSSIBLE, THE ACTUAL TAX REVENUES GENERATED BYTHE MILL 59 LEVY, AS ADJUSTED, ARE NEITHER DIMINISHED NOR ENHANCED AS A RESULT OF SUCH 60 CHANGES), THE REVENUES THEREFROM TO BE USED FOR FUNDING TRANSPORTATION 61 SERVICES AND EQUIPMENT OF THE TOWN AS IS HEREAFTER AUTHORIZED BY THE TOWN 62 COUNCIL, AND SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT INCOME 63 THEREON BE COLLECTED AND SPENT BY THE DISTRICT AS A VOTER APPROVED 64 REVENUE CHANGE IN CALENDAR YEARS 2011, 2012, 2013, 2014 and 2015 WITHOUT 65 REGARD TO ANY SPENDING, REVENUE RAISING, OR OTHER LIMITATION CONTAINED 66 WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER 67 LAW? 68 2. Conduct of the Election The Council hereby provides that the Town shall utilize the 69 requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1 of r 70 Colorado Revised Statutes as authorized pursuant to the Municipal Election Code with respect to 71 the regular election and that such election shall be coordinated with and conducted by the County as 72 provided therein. 73 74 3. Designated Election Official The Town Clerk is hereby appointed as the designated 75 election official of the Town for the purposes of performing acts required or permitted by law in 76 connection with the election. Pursuant to Section 1 -1- 111(2) Colorado Revised Statutes, all powers 77 and authority granted to the Council maybe exercised by the designated election official, including, 78 but not limited to the power to appoint election judges. 79 80 4. Direction to Certify the Ballot Issue The Council hereby authorizes and directs the 81 designated election official to certify to the County Clerk of the County, on or before September 3, 82 2010, the question in the form set forth in Section 1 hereof. 83 84, 5. Direction to enter into Intergovernmental Agreements The officers of the Town are 85 authorized to enter into one or more intergovernmental agreements with the County Clerk of the 86 County pursuant to Section 1 -7 -116 of Colorado Revised Statutes contained in the Uniform Election 87 Code. Any such intergovernmental agreements heretofore entered into in connection with the 88 election are hereby ratified and approved. 89 90 6. Authority Upon Approval If a majority of the votes cast on the question to authorize the 91 levy of ad valorem property taxes submitted at the election shall be in favor of incurring the levying 92 ad valorem property taxes as provided in such question, the Town acting through the Council shall 93 be authorized to proceed with the necessary action to levy ad valorem property taxes in accordance 94 with such question. 95 10 -31 Resolution Page 3 of 3 96 The authority to levy ad valorem property taxes, if conferred by the results of the election, 97 shall be deemed and considered a continuing authority to levy the ad valorem taxes so authorized at 98 any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor 99 any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. 100 101 7. Ratification of Prior Action All actions heretofore taken (not inconsistent with the 102 provisions of this resolution) by the Town and its officers directed toward the election and the objects 103 and purposes herein stated are hereby ratified, approved and confirmed. 104 105 8. Direction to Town Staff The officers and employees of the Town are hereby authorized 106 and directed to take all action necessary or appropriate to effectuate the provisions of this 107 Resolution. 108 109 9. Severability If any provision of this Resolution or application hereof to any person or 110 circumstance is held invalid, the invalidity shall not affect any other provision or application of this 111 Resolution which can be given effect without the invalid provision or application, and, to this end, the 112 provisions of this Resolution are severable. 113 114 10. Inconsistency All acts, orders and resolutions, and parts thereof, inconsistent with this 115 Resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This 116 repealer shall not be construed to revive any act, order or Resolution, or part thereof, heretofore 117 repealed. 118 119 READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, 120 Colorado on August 16, 2010, upon the motion of Council Member the second of 121 Council Member and upon a vote of in favor and opposed. 122 123 124 TOWN OF SNOWMASS VILLAGE 125 126 127 128 Bill Boineau, Mayor 129 130 Attest: 131 132 133 134 Rhonda B. Coxon, Town Clerk 1219680.2