HomeMy Public PortalAboutResolution 2013-08-03 Providing for the Submission of Certain Ballot Issues at a Special Municipal Election to be Held in Conjunction with the November 5, 2013 Coordinated Election Regarding an Increase in Mill Levys for Water and Sanitary Sewer Operation TOWN OF FRASER
RESOLUTION NO. 2013-08-03
A RESOLUTION PROVIDING FOR THE SUBMISSION OF CERTAIN BALLOT ISSUES AT A
SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUCTION WITH THE NOVEMBER 5,
2013 COORDINATED ELECTION, REGARDING AN INCREASE IN MILL LEVYS FOR WATER
AND SANITARY SEWER OPERATIONS AND MAINTENANCE AND REGARDING THE
IMPOSITION OF AN ADDITIONAL TAX ON RETAIL MARIJUANA SALES, AND
ESTABLISHING THE BALLOT TITLE AND SUBMISSION CLAUSE FOR SUCH BALLOT
ISSUES.
WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, has determined that
the expenses of operating and maintaining the Town's water distribution and sanitary sewer
systems exceed the revenues currently available for such purposes, and additional revenues
are needed to fund such operations and maintenance; and
WHEREAS, the Board of Trustees believes it would be in the best interests of the Town
and the public to increase the mill levies of the Town to provide additional funds for the
operation and maintenance of said water and sanitary sewer systems; and
WHEREAS, on November 6, 2012, Colorado voters passed Amendment 64 which
provides for persons 21 years of age or older to legally consume or possess one ounce or less
of marijuana without a doctor' s recommendation, and
WHEREAS, the Town of Fraser has imposed a temporary moratorium on retail
marijuana operations and facilities within the Town, pursuant Ordinance No. 411; and
WHEREAS, the Board of Trustees desires to submit to the registered electors of the
Town a ballot issue as to whether an additional retail marijuana tax should be imposed on retail
sales of marijuana in the event retail marijuana operations are subsequently allowed within the
Town of Fraser; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, AS FOLLOWS:
1. It is ordered that the ballot issues referred to below shall be submitted to a vote of the
registered electors at the special municipal election to be held in conjunction with the
coordinated election on November 5, 2013.
2. That the ballot title and submission clause appearing on the ballot for each such ballot issue
shall be as follows:
Town of Fraser Referred Measure A - Water Operating Mill Levy
SHALL TOWN OF FRASER TAXES BE INCREASED $200,000 ANNUALLY IN THE
FIRST FULL FISCAL YEAR AND BY SUCH GREATER OR LESSER AMOUNT RAISED
ANNUALLY THEREAFTER BY THE IMPOSITION OF AN ADDITIONAL AD VALOREM
PROPERTY TAX MILL LEVY OF NOT MORE THAN FIVE (5) MILLS AGAINST ALL
TAXABLE PROPERTY WITHIN THE TOWN FOR THE PURPOSE OF OPERATIONS,
MAINTENANCE AND OTHER RELATED EXPENSES OF THE TOWN'S WATER
TREATMENT AND DISTRIBUTION SYSTEM; AND SHALL THE REVENUE FROM SUCH
TAXES CONSTITUTE PERMANENT VOTER-APPROVED REVENUE CHANGES WITHIN
THE MEANING OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION
AND AN EXCEPTION TO THE LIMITATIONS SET FORTH IN SECTION 29-1-301 OF
THE COLORADO REVISED STATUTES?
YES
NO
Town of Fraser Referred Measure B - Sanitary Sewer Operating Mill Levy
SHALL TOWN OF FRASER TAXES BE INCREASED $200,000 ANNUALLY IN THE
FIRST FULL FISCAL YEAR AND BY SUCH GREATER OR LESSER AMOUNT RAISED
ANNUALLY THEREAFTER BY THE IMPOSITION OF AN ADDITIONAL AD VALOREM
PROPERTY TAX MILL LEVY OF NOT MORE THAN FIVE (5) MILLS AGAINST ALL
TAXABLE PROPERTY WITHIN THE TOWN FOR THE PURPOSE OF OPERATIONS,
MAINTENANCE AND OTHER RELATED EXPENSES OF THE TOWN'S SANITARY
SEWER COLLECTION AND TREATMENT SYSTEM; AND SHALL THE REVENUE FROM
SUCH TAXES CONSTITUTE PERMANENT VOTER-APPROVED REVENUE CHANGES
WITHIN THE MEANING OF ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION AND AN EXCEPTION TO THE LIMITATIONS SET FORTH IN SECTION
29-1-301 OF THE COLORADO REVISED STATUTES?
YES
NO
Town of Fraser Referred Measure C - Retail Marijuana Excise
SHALL TOWN OF FRASER TAXES BE INCREASED BY $100,000 ANNUALLY IN THE
FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY
THEREAFTER BY IMPOSING A RETAIL MARIJUANA TAX OF FIVE PERCENT (5%) ON
THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, WHICH
SHALL BE IN ADDITION TO THE MUNICIPAL SALES TAX ON SUCH SALES; AND
SHALL ALL REVENUES DERIVED FROM SUCH TAX BE COLLECTED AND SPENT TO
PROMOTE THE GENERAL PURPOSES OF THE TOWN OF FRASER AS A VOTER
APPROVED REVENUE CHANGE NOTWITHSTANDING ANY REVENUE OR
EXPENDITURE LIMITATIONS CONTAINED IN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION?
YES
NO
3. The Town Clerk is authorized and directed to prepare and issue notice of such ballot issues,
as provided by law, and to take all necessary and appropriate actions to include such ballot
issues on the coordinated election ballot.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 21ST DAY OF AUGUST, 2013.
Votes in favor: , BOARD OF TRUSTEES OF THE
Votes opposed: TOWN OF SER, ORADO
Absent:
Abstained: BY:
Mayor
ATTEST-
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(S E A L) _
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Town Clerk
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