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Home My WebLink About20182634.tiffRESOLUTION RE: ACKNOWLEDGING THE REQUEST OF THE CLEARVIEW LIBRARY DISTRICT FOR SUBMISSION OF A BALLOT QUESTION, AND CAUSING THE SUBMISSION OF A BALLOT QUESTION TO A VOTE OF THE CLEARVIEW LIBRARY DISTRICT'S REGISTERED ELECTORS 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, the Clearview Library District (the "Library District") is a library district with all powers and authority provided by Colorado law, and WHEREAS, pursuant to the provisions of Part I of Article 90 of Title 24 of the Colorado Revised Statutes, Weld County School District No. RE -4 and the Town of Windsor established the Library District, which is located exclusively within the boundaries of the School District and largely within the boundaries of the Town, and WHEREAS, the Library District's Board of Trustees ("Board of Trustees"), pursuant to its Resolution 18-5, adopted by the Board of Trustees on August 8, 2018 (the "Ballot Resolution," a copy of which is attached hereto as "Exhibit A"), has called for an election to be held on November 6, 2018, for the purpose of submitting to the registered electors of the Library District a ballot issue authorizing a tax increase to meet the capital and operational needs of the Library District, and WHEREAS, in accordance with, and as required by, C.R.S. §24-90-112(1)(b)(III), the Board recognizes the request of the Library District to cause to be submitted to a vote of the registered electors residing within the library's legal service area in Weld County the ballot question set forth in the Ballot Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: 1. Pursuant to the request of the Library District's Board of Trustees, the Board of Weld County Commissioners hereby submits to the Library District's registered electors residing within the Library's legal service area in Weld County the ballot question set forth in the Ballot Resolution. 2. Nothing herein shall be construed to obligate the County to any action with respect to the Ballot Resolution or subsequent administration of the November 6, 2018, election, nor shall the County's involvement in the election exceed the express terms of this Resolution. Specifically, the County shall have no obligation to designate an election officer, pay for, or in any other way participate in the November 6, 2018, election on behalf of the Library District. 4432217 Pages: 1 of 5 09/19/2018 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I4rdllI ,Vli+lh'I l Viiii14 Ely h 11111 cc : I'm(' Ow), cac43 / FH) CRCRS(Ct5), CA -0 Oct /a1/ tg 2018-2634 BC0051 ACKNOWLEDGING THE REQUEST OF THE CLEARVIEW LIBRARY DISTRICT FOR SUBMISSION OF A BALLOT QUESTION, AND CAUSING THE SUBMISSION OF A BALLOT QUESTION TO A VOTE OF THE CLEARVIEW LIBRARY DISTRICT'S REGISTERED ELECTORS PAGE 2 3. This Resolution does not represent an official position by the Board of Weld County Commissioners on the merits of the Ballot Resolution. The County and Board of County Commissioners take no position at this time in support of, or in opposition to, the Ballot Resolution. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of August, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddeit,si Jr10.0:4 Weld County Clerk to the Board BY: APPROVED AS TO FORM: Asst. County Attorney Date of signature: 6C 4432217 Pages: 2 of 5 09/19/2018 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 'kit "Ill Stee Moreno, Chair arbara Kirkmeyer, can P. Conway O ie A. Cozad Deputy Clerk to the Boar•�� ro-Tem Mike Freeman 2018-2634 BC0051 EXHIBIT 13) CLEARVIEW LIBRARY DISTRICT A RESOLUTION 18-5 A RESOLUTION CALLING AN ELECTION ON NOVEMBER 6, 2018, TO AUTHORIZE A TAX INCREASE FOR THE CLEARVIEW LIBRARY DISTRICT; SETTING THE BALLOT TITLE AND CONTENT FOR THE BALLOT ISSUE; AND PROVIDING OTHER MATTERS RELATING THERETO WHEREAS, the Clearview Library District (the "District"), situated in Weld County in the State of Colorado, is a library district duly organized in 1986 and validly existing pursuant to the provisions of Part 1 of Article 90 of Title 24 of the Colorado Revised Statutes ("C.R.S.") and established by separate resolutions of the Town of Windsor (the "Town") and Weld County School District RE -4 (the "School") to meet the informational, educational, recreational, and cultural reading needs of the people within the service area of the District; and WHEREAS, the District is in need of additional funds for the purposes described in the ballot issue set forth in Section 1 hereof and the District's Board of Trustees (the "Board") has determined to submit a ballot issue for voter approval for a tax increase to meet the capital and operational needs of the District; and WHEREAS, pursuant to C.R.S. § 24-90-112(1)(b)(III), upon request of the Board, the Board of Trustees for the Town, Board of Education for the School, or the Board of Commissioners for Weld County shall cause to be submitted to a vote of the registered electors residing within the District a proposition containing the desired maximum tax levy specified in the request or resolution, and therefore, through the adoption of this Resolution, the Board hereby requests that the Board of Education of the School, the Board of Trustees for the Town, and the Board of Commissioners for Weld County take such action as may be statutorily necessary to cause the ballot issue set forth in Section 1 hereof to be submitted to the electors of the District; and WHEREAS, November 6, 2018 is a designated coordinated election date in accordance with Articles 1 to 13 of Title 1, C.R.S. (the "Uniform Election Code"); and WHEREAS, the Library intends to participate in the November 6, 2018 general election; and WHEREAS, the Clerk and Recorder of Weld County (the "County Clerk") is the coordinated election official for the election pursuant to the Uniform Election Code, and is responsible for mailing the notice of election required by Article X, Section 20(3)(b) of the Colorado Constitution (the "TABOR Notice"); and WHEREAS, the District will assist the County Clerk in providing necessary information and notices for the conduct of the election in accordance with a separate agreement between the District and the County Clerk; and WHEREAS, the Board has determined to set the ballot title for the ballot issue to be submitted at the election called by this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CLEARVIEW LIBRARY DISTRICT BOARD OF TRUSTEES, AS FOLLOWS: 1. An election shall be held on Tuesday, November 6, 2018 (the "Election Date") at which there shall be submitted to the eligible Electors of the District a ballot issue authorizing a tax increase, which ballot issue shall be in substantially the form: 4432217 Pages: 3 of 5 09/19/2018 02:29 PM R Fee:$0,00 Carly Koppes. Clerk and Recorder. Weld County CO VIII Firaral ��'��ir � �� , i �£iIi/*,�, Ln ,«u ��h� � I rI � IF �jiat Ill III Ballot Issue [ I SHALL CLEARVIEW LIBRARY DISTRICT TAXES BE INCREASED $2.3 MILLION IN 2019 (SUCH DOLLAR AMOUNT BEING THE FIRST FISCAL YEAR INCREASE) AND THEREAFTER BY WHATEVER AMOUNTS ARE RAISED FROM A GENERAL FUND MILL LEVY IMPOSED AT A RATE OF UP TO 2.585 MILLS FOR A TWENTY-FIVE YEAR PERIOD (THROUGH TAX COLLECTION YEAR 2043) AND REDUCED TO 0.6 MILLS AFTER SUCH LIMITED PERIOD IN ORDER TO PROVIDE CAPITAL FINANCING FOR, AND THE OPERATION OF, LIBRARY FACILITIES AND SERVICES FOR ALL AGES IN THE COMMUNITY, INCLUDING BUT NOT LIMITED TO A NEW LIBRARY FACILITY APPROXIMATELY 38,000 SQUARE FEET IN SIZE THAT IS EXPECTED TO HOUSE: • A DEDICATED CHILDREN'S AREA WITH A STORY TIME ROOM AND CRAFT ROOM • A TEEN AREA FOR YOUNG PEOPLE TO READ, USE A COMPUTER, AND CONNECT WITH OTHER TEENS • A COMPUTER LAB FOR INDIVIDUAL USE AND TECHNOLOGY CLASSES • A MAKERSPACE FOR PEOPLE OF ALL AGES TO DESIGN, WORK, AND EXPERIMENT • DEDICATED QUIET SPACES TO WORK AND READ • SMALL MEETING ROOMS FOR GROUPS TO STUDY OR COLLABORATE • A COMMUNITY ROOM FOR LIBRARY PROGRAMMING AND EVENTS • A LARGE, DIVISIBLE COMMUNITY MEETING SPACE FOR CONFERENCES, MEETINGS, AND LARGER EVENTS • OUTDOOR SPACES FOR ALL AGES AND A PLAZA FOR OUTDOOR EVENTS • A LARGE PARKING LOT, WITH SUCH TAXES TO BE IN ADDITION TO THE PROPERTY TAXES THAT OTHERWISE WOULD BE LEVIED FOR THE GENERAL FUND? YES NO 2. For purposes of C.R.S § 1-11-203.5, this Resolution shall serve to set the ballot title and content for the ballot issue set forth in the preceding section. 3. Ann Kling is hereby affirmed as the "Designated Election Official" responsible for the running of the election for the District. The Designated Election Official is hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Resolution and comply with the Uniform Election Code, Article X, Section 20 of the Colorado Constitution ("TABOR") and other applicable laws and election rules. 4. No later than sixty days before the Election Date (Friday, September 7, 2018), the Designated Election Official shall certify a copy of the ballot issue set forth in Section 1 hereof to the County Clerk in accordance with C.R.S. § 1-5-203. 5. No later than forty-two days before the Election Date (Tuesday, September 25, 2018), the Designated Election Official shall submit the TABOR Notice to the County Clerk in the form, if any, specified by the County Clerk. Thereafter, at least thirty days before the Election Date (Friday, October 5, 2018), 4432217 Pages: 4 of 5 09/19/2018 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 lr llIflOTI iollia fir' ' ' 'iliih:rDiiw 11 III the County Clerk is to mail, at the least cost, the notice required by Article X, Section 20(3)(b) of the Colorado Constitution to the registered voters of the District. 6. No later than twenty days before the Election Date (Wednesday, October 17, 2018) the Designated Election Official shall cause a notice of election to be published (if not otherwise published by the County Clerk) in accordance with C.R.S. § 1-5-205. 7. If a majority of the votes cast on the ballot issue are in favor of the ballot issue, the District acting through the Board shall be authorized to proceed with the necessary action to increase taxes in accordance with the ballot issue. 8. The officers and employees of the District are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 9. All actions not inconsistent with the provisions of this Resolution heretofore taken by the members of the Board and the officers and employees of the District and directed toward holding the election for the purposes stated herein are hereby ratified, approved, and confirmed. 10. All prior acts, orders, or resolutions, or parts thereof, by the District in conflict with this Resolution are hereby repealed, except that this repeal shall not be construed to revive any act, order, or resolution, or part thereof, heretofore repealed. 11. If any section, paragraph, clause, or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining sections, paragraphs, clauses, or provisions of this Resolution, it being the intention that the various parts hereof are severable. 12. This Resolution shall take effect immediately upon its passage. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 8th day of August, 2018. A "1 EST: 4 4432217 Pages: 5 of 5 09/19/2018 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 CLEARVIEW LIBRARY DISTRICT BOARD OF TRUSTEES By: oann ' erko, Presi ent 3 Hello