HomeMy Public PortalAboutResolution 2020-09-05 Referring a Proposed Gallagher Stablization Ballot Question TOWN OF FRASER
RESOLUTION 2020-09-05
REFERRING A PROPOSED GALLAGHER STABLIZTION BALLOT QUESTION TO AN
ELECTION OF THE TOWN OF FRASER
WHEREAS, C.R.S. §31-11-111(2) authorizes the Town of Fraser (the "Town") to submit
any question to the vote of the registered voter of the municipality by adoption of a resolution;
and
WHEREAS, C.R.S. §1-5-203(3)(a) provides the designated election official of each
political subdivision must certify the ballot order and content for the 2020 General Election by
September 4, 2020; and
WHEREAS, pursuant to Section 39-1-111 C.R.S., the Town shall be authorized by order
of the Town Board to levy against the valuation for assessment of all taxable property the
requisite property taxes for all purposes required by law; 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, increase in any tax
rate, mill levy above that for the prior year, valuation for assessment ratio increase for a property
class, extension of an expiring tax, or a tax policy change causing a net revenue gain, the
creation of any debt, and the spending of certain funds above limits established by TABOR; and
WHEREAS, pursuant to the state and federal law, the Town will participate in a
coordinated election on November 3, 2020; and
WHEREAS, the coordinated election to be held on November 3, 2020, is one of the
election dates at which TABOR ballot issues may be submitted to the registered electors of the
Town of Fraser; and
WHEREAS, the Town Board is of the opinion that it should refer to the voters at the
November 3, 2020, coordinated election a TABOR ballot issue concerning a change to the
Town's tax mill levy to stabilize revenue in the event of a change to the residential assessment
rate due to Article X, Section 3 of the Colorado Constitution as set forth herein.
WHEREAS, the Fraser Town Board hereby finds, determines and declares that this
Resolution will promote the health, safety and general welfare of the Fraser community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF
FRASER, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated by
reference and adopted as findings and determinations of the Town Board.
Section 2. Ballot Question. The Town Board hereby refers the following ballot question to
the voters of the Town of Fraser:
"WITHOUT INCREASING TOTAL TAX REVENUES COLLECTED, SHALL THE
TOWN OF FRASER BE AUTHORIZED TO ADJUST ITS MILL LEVY ANNUALLY
TO OFFSET REVENUE REDUCTIONS CAUSED BY STATE IMPOSED
CHANGES TO THE PERCENTAGE USED TO DETERMINE ASSESSED
VALUATION, INCLUDING ANY CHANGES MADE PURSUANT TO THE 1982
GALLAGHER AMENDMENT TO THE COLORADO CONSTITUTION, SO THAT,
TO THE EXTENT POSSIBLE, THE REVENUES GENERATED BY SUCH MILL
LEVY ARE THE SAME AS THE TAX REVENUES THAT WOULD HAVE BEEN
GENERATED HAD SUCH CHANGES IN THE METHOD OF CALCULATING
ASSESSED VALUATION NOT OCCURRED?"
Section 3. Town Clerk is Designated Election Official. The Town Clerk is hereby
appointed as the designated election official of the Town for performing acts required or
permitted by law in connection with the election. The Town Clerk is hereby directed to certify
the ballot content, including the ballot question set forth herein, to the Grand County Clerk and
Recorder.
READ, PASSED, ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 2ND DAY OF SEPTEMBER 2020.
Votes in favor: -1 BOARD OR TRUSTEES OF THE OWN OF
Votes opposed: Q R- C RADO
Abstained:
Absent:
Mayor
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