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Town Council Resolution 35 2010TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 35 SERIES OF 2010 A RESOLUTION SUBMITTING A BALLOT ISSUE QUESTION TO THE ELECTORATE AT THE TOWN'S REGULAR MUNICIPAL ELECTION. WHEREAS, the Town of Snowmass Village, is a municipal corporation duly organized and existing as a home -rule municipality pursuant to Article XX of the State Constitution and laws of Colorado; and WHEREAS, Article X, Section 20 of the Colorado Constitution, hereinafter referred to as "TABOR", requires the Town to submit certain questions to the electorate in the manner prescribed therein; and WHEREAS, November 2, 2010, is one of the election dates at which ballot issues may be submitted to the eligible electors of the Town pursuant to TABOR; and WHEREAS, pursuant to Section 2.2 of the Town Charter, the November 2, 2010 is a regular election date of the Town; and WHEREAS, pursuant to Section 2.1 of the Town Charter, all elections of the Town are governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and WHEREAS, Section 31-10-102.7 Colorado Revised Statutes, contained within the Municipal Election Code, permits any municipality to elect by resolution to utilize the requirements and procedures of the Uniform Election Code which will thereby permit the Town to participate in -the coordinated-etect ion -being condacted-by Pitkin--Gounty ("thie "County"') -on November 2, 2010; and WHEREAS, the Council now determines it is necessary to submit to the electors of the Town, at the regular municipal election which will be held as a coordinated election with the County on November 2, 2010 a ballot issue question; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election; and WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, as follows: 1. Ballot Question. Pursuant to the Town Charter, the Colorado Municipal Election Code of 1965 and the Uniform Election Code, and all laws amendatory thereof and 10-35 TC Resolution Page 2 of 3 supplemental thereto, a regular municipal election shall be held on November 2, 2010, and there shall be submitted to the eligible electors of the Town the question set forth as follows: SHALL TOWN OF SNOWMASS VILLAGE TAXES BE INCREASED $357,000 ANNUALLY, COMMENCING IN 2010 FOR COLLECTION IN CALENDAR YEARS 2011 THROUGH 2015 INCLUSIVE, BY THE IMPOSITION OF A MILL LEVY SUFFICIENT TO GENERATE SUCH AMOUNT; THE REVENUES THEREFROM TO BE USED FOR FUNDING TRANSPORTATION SERVICES AND EQUIPMENT OF THE TOWN AS IS HEREAFTER AUTHORIZED BY THE TOWN COUNCIL, AND SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT INCOME THEREON BE COLLECTED AND SPENT BY THE TOWN AS A VOTER -APPROVED REVENUE CHANGE IN CALENDAR YEARS 2011 THROUGH 2015 INCLUSIVE, WITHOUT REGARD TO ANY SPENDING, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW? 2. Conduct of the Election. The Council hereby provides that the Town shall utilize the requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1 of Colorado Revised Statutes as authorized pursuant to the Municipal Election Code with respect to the regular election and that such election shall be coordinated with and conducted by the County as provided therein. 3. Designated Election Official. The Town Clerk is hereby appointed as the designated election official of the Town for the purposes of performing acts required or permitted by law in connection with the election. Pursuant to Section 1-1-111(2) Colorado Revised Statutes, all powers and authority granted to the Council may be exercised by the designated election official, including, but not limited to the power to appoint election judges. 4. Direction to Certify the Ballot Issue. The Council hereby authorizes and directs the designated election official -to certify-to-the--Gounty GIerk ofi the--Gounty—on or before-Septemb-er 3, 2010, the question in the form set forth in Section 1 hereof. 5. Direction to enter into Intergovernmental Agreements. The officers of the Town are authorized to enter into one or more intergovernmental agreements with the County Clerk of the County pursuant to Section 1-7-116 of Colorado Revised Statutes contained in the Uniform Election Code. Any such intergovernmental agreements heretofore entered into in connection with the election are hereby ratified and approved. 6. Authority Upon Approval. If a majority of the votes cast on the question to authorize the levy of ad valorem property taxes submitted at the election shall be in favor of incurring the levying ad valorem property taxes as provided in such question, the Town acting through the Council shall be authorized to proceed with the necessary action to levy ad valorem property taxes in accordance with such question. The 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 10-35 TC Resolution Page 3 of 3 so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. 7. Ratification of Prior Action. All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town and its officers directed toward the election and the objects and purposes herein stated are hereby ratified, approved and confirmed. 8. Direction to Town Staff. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 9. Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. 10. Inconsistency. All acts, orders and resolutions, and parts thereof, inconsistent with this Resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, order or Resolution, or part thereof, heretofore repealed. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on August 16, 2010, upon the motion of Council Member Mordkin, the second of Council Member Butler and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor Attest: Rhonda B. Coxon,Town Clerk 1221471.1