RESOLUTION 2017 - 3
A RESOLUTION SETTING THE BALLOT LANGUAGE ON THE BALLOT ISSUE OF A REFERRED MEASURE TO ALLOW KIOWA COUNTY TO RETAIN AND SPEND REVENUES WHICH ARE IN EXCESS OF THE LIMITS CONTAINED IN TABOR ALSO REFERRED TO "DE-BRUCING"
WHEREAS, the Board of Commissioners (the "Board") of Kiowa County, (the "County"), hereby determines and declares that the interests of the County, and the public's interest in health, welfare and safety, are best served if the County is allowed to keep in reserve any unspent revenues to be used at times deemed appropriate by the Kiowa County Board of Commissioners; and
WHEREAS, pursuant to the provisions of Article X, Section 20 of the Colorado Constitution, voter approval is required for the County to retain and spend revenues which are in excess of the limits contained in TABOR; and
WHEREAS, voter approval is also required to exempt the County from the revenue limitations of such Sec. 29-1-301, CRS with respect to all tax revenues other than those raised by the previous voter approved tax increases; and
WHEREAS, the Board hereby determines that such allowance is needed for supporting the general operations of the County and its capital needs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF KIOWA COUNTY:
Section 1. All action heretofore taken (not inconsistent with the provisions of this Resolution) by the County and the officers thereof, directed towards the election and the objects and purposes herein stated are, ratified, approved and confirmed.
Section 2. The election shall be conducted by the Kiowa County Clerk and Recorder as a part of the Kiowa County coordinated mail ballot general election and in accordance with Local Government Election Code, Title 1, Article 13.5, C.R.S., and all laws amendatory thereof and supplemental thereto.
Section 3. Tina Adamson shall serve as the District's local Designated Election Official to conduct the election in coordination with Kiowa County Clerk and Recorder and the County's Election Division.
Section 4. At the general election to be held on Tuesday, November 7, 2017, there shall be submitted to the electors of the County a Referendum seeking voter permission to allow the County to retain and spend all taxes and revenues collected in 2017 and in each subsequent year, the question to be in the following general form:
KIOWA COUNTY REFERENDUM 1A: WITHOUT INCREASING THE PROPERTY TAX RATE OR IMPOSING ANY NEW TAX, SHALL KIOWA COUNTY BE AUTHORIZED TO COLLECT, RETAIN AND SPEND ALL TAX REVENUES AND OTHER FUNDS COLLECTED FROM ANY AND ALL REVENUE SOURCES TO BE EFFECTIVE IN FISCAL YEAR 2017, AND CONTINUING THEREAFTER; NOTWITHSTANDING ANY LIMITATIONS ON REVENUE CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION; SECTION 29-1-301, COLORADO REVISED STATUTES?
Section 5. The Commissioners and local DEO of the County are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution.
Section 6. All orders, bylaws and resolutions, or parts thereof, in conflict with this resolution, are hereby repealed.
Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution.
ADOPTED AND APPROVED this 8th day of September, 2017.
KIOWA COUNTY BOARD OF COMMISSIONERS
Published September 15, 2017
In the Kiowa County Press