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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- ?RA (S E A L) _ � t Town Clerk 1