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Home My WebLink About20051896.tiff RESOLUTION RE: RECEIVE PETITION FOR INITIATED ORDINANCE AND REFER QUESTION TO NOVEMBER 1, 2005, GENERAL ELECTION BALLOT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Steve Moreno, Weld County Clerk and Recorder, has presented the Board of County Commissioners with an Initiative Petition for an initiated ordinance, received by his office June 13, 2005, being a total of 356 sections thereof, with the full text of such ordinance being as follows: ORDINANCE#234 IN THE MATTER OF SETTING A MILL LEVY FOR THE PURPOSE OF PURCHASING SERVICES AND SUPPORTS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES RESIDING WITHIN WELD COUNTY AND IN CONJUNCTION THEREWITH, AUTHORIZING THE COLLECTION,RETENTION,AND SPENDING OF SUCH MILL LEVY AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X,SECTION 20 OF THE COLORADO CONSTITUTION AND IN EXCESS OF THE 5% LIMITATION CONTAINED IN SECTION 14-7 OF THE WELD COUNTY HOME RULE CHARTER BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has received an initiative Petition meeting the requirements of the Weld County Home Rule Charter proposing the enactment of the within ordinance to levy one mill for the purpose of purchasing services and supports for Weld County residents with developmental disabilities, and WHEREAS,it is necessary under the Weld County Home Rule Charter and the laws of the State of Colorado to submit the question of an increased mill levy to the voters. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that for the purpose of purchasing services and supports for residents of Weld County with developmental disabilities,there is hereby levied one mill upon each dollar of total valuation for assessment of all taxable property within Weld County, increasing taxes by the estimated amount of $3,500,000 (estimated first full fiscal year increase)beginning in tax collection year 2005 and annually thereafter without further voter approval, for so long as Envision continues to be designated as the community centered board serving Weld County. BE IT FURTHER ORDAINED by the Board of County Commissioners that the revenues from such mill levy be collected, retained and spent as a voter approved revenue change under Article X, Section 20 of the Colorado Constitution and in excess of the 5% limitation contained in Section 14-7 of the Weld County Home Rule Charter and any other tax revenue limitation contained in the laws of the State of Colorado. 2005-1896 CR0022 rr : ast-42 , 04 O7 -OJ RECEIVE PETITION FOR INITIATED ORDINANCE PAGE 2 BE IT FURTHER ORDAINED by the Board that if any section, subsection, paragraph, sentence, clause or phrase of this Ordinance #234 is for any reason held or decided to be unconstitutional, such decision shall not affect the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance #234 in each and every section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases might be declared to be unconstitutional or invalid," and WHEREAS, the Initiative Petition proposes that the following question be placed on the November 1, 2005, General Election ballot: SHALL WELD COUNTY TAXES BE INCREASED BY THE ESTIMATED AMOUNT OF $3,500,000(ESTIMATED FIRST FULL FISCAL YEAR INCREASE), AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER,WITHOUT FURTHER VOTER APPROVAL IN SUCH AMOUNTS AS ARE RECEIVED EACH YEAR BY THE ENACTMENT OF AN ORDINANCE WHICH WILL IMPOSE AN ADDITIONAL ONE MILL LEVY TO THE EXISTING WELD COUNTY MILL LEVY UPON TAXABLE REAL PROPERTY WITHIN WELD COUNTY,COMMENCING WITH TAX COLLECTION YEAR 2005 FOR SO LONG AS ENVISION, CREATIVE SUPPORT FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, CONTINUES TO BE DESIGNATED AS THE COMMUNITY CENTERED BOARD SERVING WELD COUNTY, TO BE COLLECTED AND SPENT FOR THE PURPOSE OF PROVIDING SERVICES THROUGH ENVISION TO PERSONS WITH DEVELOPMENTAL DISABILITIES(MENTAL RETARDATION), TO INCLUDE: • PROTECTING AND ASSISTING PEOPLE WITH DEVELOPMENTAL DISABILITIES DEFINED AS SUBSTANTIAL DISABILITIES WHICH ARE MANIFESTED BEFORE THE PERSON REACHES THE AGE OF 22 YEARS OF AGE AND WHICH ARE ATTRIBUTABLE TO MENTAL RETARDATION OR RELATED CONDITIONS, SUCH AS CEREBRAL PALSY,EPILEPSY,AUTISM OR OTHER NEUROLOGICAL CONDITIONS RESULTING IN IMPAIRMENT OF GENERAL INTELLECTUAL FUNCTIONING OR ADAPTIVE BEHAVIOR SIMILAR TO MENTAL RETARDATION; • RESPONDING TO THE INCREASING URGENT NEEDS CAUSED BY THE SEVERITY OF THESE DISABILITIES; THE AGING OF THE PEOPLE WITH MENTAL RETARDATION AND THEIR CARE GIVERS AND THE COST OF CARE; • AVOIDING COSTLY OUT-OF-HOME PLACEMENTS BY EDUCATING FAMILIES AND ASSISTING THEM TO KEEP THEIR CHILD OR SIBLING WITH MENTAL RETARDATION IN THE FAMILY HOME; • HELPING ADULTS WITH MENTAL RETARDATION FIND AND HOLD REGULAR JOBS AND LIVE AS PRODUCTIVE CITIZENS IN THEIR COMMUNITIES; • PROVIDING DAY CARE AND OTHER SERVICES FOR ADULTS WITH MENTAL RETARDATION SO THAT WORKING FAMILIES CAN CARE FOR THEM AT HOME; 2005-1896 CR0022 RECEIVE PETITION FOR INITIATED ORDINANCE PAGE 3 • WORKING INTENSIVELY WITH INFANTS AND TODDLERS WITH (OR AT HIGH RISK OF)MENTAL RETARDATION USING METHODS PROVEN TO MINIMIZE FUTURE HANDICAPS AND REDUCE THE COSTS OF FUTURE CARE; • REDUCING LONG WAITING LISTS OF CHILDREN AND ADULTS WITH MENTAL RETARDATION WHO NEED SUCH SERVICES; and • ACHIEVING THESE ENDS THROUGH COUNTY-AUTHORIZED AGENCIES WITHOUT EXPANDING COUNTY GOVERNMENT; AND SHALL SUCH REVENUES BE COLLECTED, RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X,SECTION 20 OF THE COLORADO CONSTITUTION AND SECTION 14-7 OF THE WELD COUNTY HOME RULE CHARTER AND ANY OTHER TAX REVENUE LIMITATION CONTAINED IN THE LAWS OF THE STATE? YES NO, and WHEREAS, attached is a "Certificate of Sufficiency," presented to the Board by the Clerk and Recorder, which states that the Initiative Petition contains the required number of eligible electors' signatures necessary to place the question presented on the November 1, 2005, Coordinated Election ballot, pursuant to Section 15-4 of the Weld County Home Rule Charter, and WHEREAS, pursuant to Charter Section 15-4(2), the Board is required to either: (a)adopt the ordinance as submitted in the Initiative Petition, or(c) submit the proposal provided for in the Initiative Petition to the electors, and WHEREAS, upon receipt of the Initiative Petition and after review, the Board deems it advisable to submit the proposal to the electors, and therefore to refer the above-stated question to the November 1, 2005, Coordinated Election ballot, with the result of said election to be determined by a majority vote of the electors voting thereon, as required by Charter Section 15-4(3)(b). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that an Initiative Petition containing the above-stated question and initiated ordinance, be, and hereby is, received by the Board. BE IT FURTHER RESOLVED by the Board that the above-stated question be, and hereby is, referred to the November 1, 2005, Coordinated Election ballot for consideration by the electors of Weld County, pursuant to Section 15-4(3) of the Weld County Home Rule Charter. 2005-1896 CR0022 6 STEVE MORENO (4,tr, WELD COUNTY CLERK & RECORDER 1402 North 17th Avenue Wipe P.O. 459 Greeley, CO 80632 COLORADO CERTIFICATION OF SUFFICIENCY June 24, 2005 This office is in receipt of an Initiative Petition, submitted on June 13, 2005, regarding a one mill levy upon taxable real property in Weld County, Colorado, to be collected and spent for the purpose of providing services through Envision to persons with developmental disabilities. Upon review, I find and hereby certify that the Initiative Petition contains the required number of eligible elector's signatures necessary to place the question presented in the Initiative Petition on the November 1, 2005, Coordinated Election ballot, pursuant to Section 15-4 of the Weld County Home Rule Charter. The results from the review of the Initiative Petition are as follows: • Total number of sections of the petition submitted: (356). • Total number of signatures required by Home Rule Charter: (4455). • Total number of signatures submitted for review: (9577). • Total number of submitted signatures reviewed: (5614). • Reviewed signatures deemed statutorily acceptable: (4490). • Reviewed signatures deemed statutorily unacceptable: (1124). I further certify that the all statutory and Home Rule Charter procedures for review of the signatures upon the submitted Initiative Petition were followed. Questions regarding this Certification of Sufficiency should be directed to this office at 970-304-6525. Steve Moreno Weld County Clerk &Recorder SUBSCRIBED AND SWORN to before me this , uuc cZ� airc- WITNESS my hand and official seal. „um?ig1 ll itift •tar 'ub c S O 4STAR '!P �O I' r My commission expW4 yews 2 O 9-/e -O ' PUMP Q • ,��.41 OF O 111 RECEIVE PETITION FOR INITIATED ORDINANCE PAGE 4 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 29th day of June, A.D., 2005. ` I COMMISSIONERS WELD COUNTY, COLORADO be ' William H. erke, Chair fir• 7rt . ' .0 ff Clerk to the Board BY: i k7,1--(d� de Deputy Clerk to the Board D d E. Lon tg APP AS TO FO Vr RobArt D. masd un y or P)ALL 1/44 PI Glenn Vaad Date of signature: '"/a 2005-1896 CR0022 Hello