1

Resolution Number 98-08

A resolution of the Board of Trustees of the Town of Deer Trail, Arapahoe County Colorado to seek approval of the registered voters of the Town of Deer Trail, by election to retain and expend the full collected proceeds of the Town of Deer Trails state grants property tax and other similar revenue without increasing, creating, or adding any taxes of any kind to participate in a coordinated election as provided by law. 

 Whereas, the Town of Deer Trail, (hereinafter referred to as the "Town"), in the County of Arapahoe and the State of Colorado, is the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and Whereas, the Town does collect revenues for municipal purposes through property tax, state grants, fees and other various revenues; and Whereas, the Colorado Constitution limits spending of the Town from year to year, based on certain factors and formulas, without an affirmative vote of the Town's electorate allowing for the Town to spend such revenue; and

Whereas, the Board of Trustees of the Town (hereinafter referred to as the "Board") deems that it is both preferable and appropriate and in the best interests of the Town to remove the limitation on fiscal year spending so that available sources of revenue may be used to provide for the needs of Uhe Town, provided that such action does not result in the creation, increase, or adding of taxes of any kind to the Town's citizens; 

Now therefore be it resolved by the Board of Trustees of the Town of Deer Trail Colorado:

  1. The Town will submit to the registered electors of the Town on the next regular scheduled election date, November 3, 1998, the question of whether the Town may collect, retain, and expend all revenues collected, notwithstanding the spending limitation as set forth in the Colorado Constitution. 
  2. At such election, the text of the question appearing on the ballot shall be as follows: 
    • Ballot for authorization of collection and expenditures or revenue in excess of the limitations set by section 20 of Article X of the State Constitution: "Shall the Town of Deer Trail, Colorado, without creating, increasing, or adding any taxes of any kind, be permitted to collect, retain, and expend the full proceeds of the Town's property tax, state grants, fees, and other revenues for expenditure on lawful municipal purposes, notwithstanding any state restriction on fiscal year spending, including without limitation, the restrictions of Article X, Section 20 of the Colorado Constitution from the date of December 31, 1997, and thereafter?"
  3. Such election, if possible and agreeable to other relevant entities, shall be structured as a "coordinated election" as defined by state statute, to be conducted by the Arapahoe County Clerk and Recorder, as allowed and governed by state statute.
  4. The Town Clerk and other Town officials, employees, or agents, are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this resolution, including cooperating with the Arapahoe County Clerk and Recorder covering all applicable deadline°, documentation, and actions necessary for the election to be held. 

Adopted and approved this 4th Day of August 1998. 

Signed Mayor, LeRoy A. Koch 

Attest: Jessica E. Stoumbaugh, Town Clerk