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HomeMy WebLinkAbout10235RESOLUTION NO. 10235 A RESOLUTION FIXING THE MILL LEVY TO BE IMPOSED UPON THE TAXABLE REAL PROPERTY WITHIN THE BANDERA BOULEVARD SPECIAL IMPROVEMENT DISTRICT ( "DISTRICT ") AND REFERRING TO A VOTE OF THE REGISTERED ELECTORS OF THE DISTRICT A BALLOT ISSUE RELATING TO THE FIVE (5) MILL LEVY IMPOSED UPON TAXABLE REAL PROPERTY WITHIN THE DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1 The City Council as the governing body of the Bandera Boulevard Special Improvement Maintenance District ( "District ") created pursuant to Chapter 9 of Title XII of the Pueblo Municipal Code hereby finds and determines that: (a) The cost of maintaining the public improvements during fiscal year 2005 is estimated to be $6,000.00. (b) The mill levy to be levied upon the taxable real property within the District for the fiscal year 2005 which shall raise the amount required by the District to meet the cost of maintaining the public improvements is hereby fixed and determined at five (5) mills. SECTION 2 A ballot issue relating to the five (5) mill levy imposed upon the taxable real property within the District shall be submitted to a vote of the registered electors of the District at an election to be held on November 2, 2004. The ballot question (submission clause and title) for the election is hereby fixed and shall be as follows: SHALL BANDERA BOULEVARD SPECIAL IMPROVEMENT MAINTE -NANCE DISTRICT TAXES BE INCREASED BY $6,000.00 ANNUALLY COMMENCING IN 2005 AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY THE IMPOSITION OF A MILL LEVY OF FIVE (5) MILLS UPON THE TAXABLE REAL PROPERTY LOCATED IN THE BANDERA BOULEVARD SPECIAL IMPROVEMENT MAINTENANCE DISTRICT WITHIN THE CITY OF PUEBLO, TO BE COLLECTED, RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AS AN EXEMPTION TO THE LIMITS THAT WOULD OTHERWISE APPLY PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, INCLUDING WITHOUT LIMITATION, SECTION 29 -1 -301, C.R.S.? Yes No SECTION 3 The election shall be conducted by the City Clerk as near as practicable in conformity with the provisions of the Pueblo Election Code, except (1) an eligible elector is a person who at the time of the election is registered to vote pursuant to the Pueblo Election Code, and a. who has been a resident of the District for not less than thirty (30) days; or b. who or whose spouse owns taxable real property situated within the District, whether said persons reside within the District. (2) there shall be only one polling place and one ballot box, both located at City Hall, 1 City Hall Place, Pueblo, Colorado, 81003; and (3) paper ballots shall be used and manually counted. SECTION 4 The five (5) mills levy hereby fixed on the taxable real property within the District shall be certified to the Board of County Commissioners of Pueblo County, Colorado, in the time and manner required by law. SECTION 5 This Resolution shall become effective upon final passage and approval. INTRODUCED September 27, 2004 BY Michael Occhiato P WDOL13 � LA Background Paper for Proposed RESOLUTION AGENDA ITEM # 1 DATE: September 27, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE A RESOLUTION FIXING THE MILL LEVY TO BE IMPOSED UPON THE TAXABLE REAL PROPERTY WITHIN THE BANDERA BOULEVARD SPECIAL IMPROVEMENT DISTRICT ( "DISTRICT ") AND REFERRING TO A VOTE OF THE REGISTERED ELECTORS OF THE DISTRICT A BALLOT ISSUE RELATING TO THE FIVE (5) MILL LEVY IMPOSED UPON TAXABLE REAL PROPERTY WITHIN THE DISTRICT ISSUE Should the Pueblo City Council fix the mill levy to be imposed upon taxable real property within the Bandera Boulevard Special Improvement District and refer to a vote of the registered electors of the District, on November 2, 2004, a ballot issue relating to the five (5) mill levy imposed upon taxable real property within the District? RECOMMENDATION Approve the Resolution. BACKGROUND The City desires to have an approved change in revenue for the Bandera Boulevard Special Improvement Maintenance District that provides for an exemption to the limits that would other wise apply pursuant to Article X, Section 20 of the Colorado Constitution or any other law, including without limitation, Section 29 -1 -301, C.R.S. The maintenance district was created on September 22, 2003 by the City of Pueblo and the electors of the District approved the establishment of the District and the imposition of a mill levy of five (5) mills at an election held on November 4, 2003. The wording for the ballot establishing the District and approving a mill levy of five (5) mills did include a provision that exempts the District from the revenue limits pursuant to Article X, Section 20 of the Colorado Constitution or any other law, including without limitation, Section 29 -1 -301, C.R.S. —� By approving this uticpCity Council is setting an election on November 2, 2004 conducted by the City Clerk, where the electors of the District will vote whether to approve a change in revenue for the District to be increased by $6,000.00 annually commencing in 2005 and by whatever additional amounts are raised annually thereafter by the imposition of a mill levy of five (5) mills upon the taxable real property located in the Bandera Boulevard Special Improvement Maintenance District within the City of Pueblo. The increase in revenue shall become effective and be imposed on the taxable real property included within the District as early as may be permitted under applicable law. The purpose of the District is to maintain public improvements including landscaping, streetscape, street medians, street sidians, trails and paths, irrigation facilities and associated water system improvements which will be located within the right -of -way corridor of Bandera Boulevard and within 685 feet of the right -of -way corridors of intersecting collector and minor arterial streets within the District. FINANCIAL IMPACT If the revenue increase is approved by the electors of the District, the City will be able to retain a mill levy of five (5) mills imposed upon the taxable real property within the District and not be required to reduce the mill below five (5) mills based on the revenue limits pursuant to Article X, Section 20 of the Colorado Constitution or any other law, including without limitation, Section 29 -1 -301, C.R.S.