RESOLUTION NO. 2019-25
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LA PLATA COUNTY, COLORADO SUBMITTING A BALLOT ISSUE FOR THE NOVEMBER 5, 2019 COORDINATED ELECTION TO ESTABLISH THE SOUTHWEST LA PLATA LIBRARY DISTRICT AND ESTABLISH AD VALOREM PROPERTY TAXES FOR THE DISTRICT
WHEREAS, a citizens group submitted a petition to the Board of County Commissioners of La Plata County, Colorado (Board) on July 23, 2019 requesting the formation of a library district in the southwest part of the County to be known as the Southwest La Plata Library District (Library District) and requesting a mill levy for funding the establishment, operation and maintenance of the same, pursuant to C.R.S. 24-90-107; and
WHEREAS, the La Plata County Clerk and Recorder determined that 345 valid signatures were submitted as part of the petition, which is greater than the 100 signatures needed by statute to petition the Board; and
WHEREAS, if formed, the Library Districts legal service area will consist of all of La Plata County Voting Precinct 11; all of La Plata County Voting Precinct 29 within the Southern Ute Indian Reservation except the subdivision known as Trappers Crossing at Durango; all of La Plata County Voting Precinct 21; portions of voting precincts 32, 29, and 22 that are included in the Sunnyside Elementary School attendance area, but outside of the Durango City Limits; and additional area within voting precinct 32 south of County Road 220, west of Highway 172 and west of County Road 307. All voting precincts, subdivisions, and school attendance areas referenced refer to existing boundaries as of August 1, 2019, as per the La Plata County GIS Office; and
WHEREAS, if formed, the proposed Library District will be a publicly supported library that is to be principally supported by funds derived from ad valorem property taxation approved by registered electors residing within the legal service area; and
WHEREAS, pursuant to C.R.S. 24-90-107(3)(d), unless formed by the Board by resolution, the Board must submit to a vote of the registered electors residing within the Library Districts legal service area the question of whether the proposed Library District will be formed; and
WHEREAS, pursuant to the Colorado Library Law, the Board must submit to a vote of the registered electors residing within the Library Districts legal service area a proposition containing the desired maximum tax levy specified in the request for the establishment, operation and maintenance of the Library District. The electors must approve any amount of tax levy not previously approved by the electors; and
WHEREAS, the petition submitted to the Board sets forth the proposed maximum mill levy at 1.5 mills; and
WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayers Bill of Rights (TABOR), requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, and the spending of certain funds above limits established by TABOR; and
WHEREAS, TABOR and the Colorado Library Law, C.R.S. 24-90-107(3)(d)(II), require that this ballot issue be submitted to the registered electors residing within the Library Districts legal service area on specified election days, and November 5, 2019 is one of the election dates at which these ballot issues may be submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LA PLATA COUNTY COLORADO, as follows:
1. Pursuant to C.R.S. 1-5-203(3), C.R.S., the Board hereby authorizes and directs that the following proposition be certified to the La Plata County Clerk and Recorder for submission to the registered electors residing within the Library Districts legal service area, to be included on the ballot for the November 5, 2019 coordinated election:
BALLOT ISSUE NO. ________
SHALL THE SOUTHWEST LA PLATA LIBRARY DISTRICT TAXES BE INCREASED $437,215.81 ANNUALLY FOR COLLECTION BEGINNING IN 2021, AND BY SUCH ADDITIONAL AMOUNTS RAISED ANNUALLY THEREAFTER BY AN AD VALOREM PROPERTY TAX MILL LEVY IMPOSED AT A RATE OF 1.5 MILLS TO PROVIDE SERVICES WHICH MAY INCLUDE:
MAINTAINING, IMPROVING, AND EXPANDING LIBRARY SERVICES AND FACILITIES;
INCREASING HOURS OF OPERATION; AND,
PROVIDING ENHANCED LIBRARY SERVICES AND OPERATIONS SUCH AS BUYING NEW BOOKS AND MEDIA AND IMPROVING PROGRAMS FOR CHILDREN, TEENS, AND ADULTS;
AND SHALL THE DISTRICT BE ENTITLED TO COLLECT, RETAIN AND SPEND THOSE REVENUES IN ADDITION TO ANY OTHER TAXES, FEES OR OTHER REVENUES OF THE DISTRICT, NOTWITHSTANDING ANY LIMITATION OR RESTRICTION OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR WITHOUT REGARD TO THE 5.5% PROPERTY TAX REVENUE LIMITATION OF SECTION 29-1-301, C.R.S. OR ANY OTHER LAW, AND SHALL THE DISTRICT BE FORMED?
2. The election shall be conducted by the La Plata County Clerk and Recorder as part of the coordinated election, in accordance with the Uniform Election Code of 1992, C.R.S 1-1-101, et. seq., and other laws and regulations of the State of Colorado, including, without limitation, the requirements of article X, section 20 of the Colorado Constitution.
3. The Board hereby authorizes and directs the designated election official selected under the Election Services Agreement executed as of August 27, 2019 to certify the ballot issue to the La Plata County Clerk and Recorder, on or before September 6, 2019.
4. Pursuant to C.R.S. 24-90-112(1)(b)(I)(A) and 24-90-103(12), C.R.S., as amended, the Clerk and Recorder is directed to publish notice that a ballot issue will be submitted to the vote of the registered electors residing within the Library Districts legal service area requesting an ad valorem tax levy of 1.5 mills for the financial support of the Library District, which notice shall include the language of the ballot issue.
Notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the Librarys District legal service area or in more than one newspaper if no single newspaper is generally circulated throughout the service area. Not less than seven days, excluding the day of the first publication but including the day of the last publication, shall intervene between the first and the last publications.
5. Pursuant to C.R.S. 1-11-203.5, 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.
6. All prior acts, other actions or resolutions, or parts thereof, inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict.
7. This Resolution shall take effect immediately upon its passage.
DONE AND ADOPTED in Durango, La Plata County, Colorado, this 5th day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
LA PLATA COUNTY, COLORADO
Julie Westendorff, Chair
Clyde Church, Vice-Chair
Gwen Lachelt, Commissioner
Deputy Clerk to the Board
Published in Durango Herald
September 11 and 18, 2019