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.