TC Resolution 20-21 Referring a Proposed Gallagher Stabilization Ballot Question to an Election of the Town of AvonA
Avon
C O L O R A 0 0
RESOLUTION 20-21
SERIES 2020
REFERRING A PROPOSED GALLAGHER STABLIZTION BALLOT
QUESTION TO AN ELECTION OF THE TOWN OF AVON
WHEREAS, C.R.S. §31-11-111(2) authorizes the Town of Avon (the "Town") to submit any
question to the vote of the registered voter of the municipality by adoption of a resolution; and
WHEREAS, C.R.S. §1-5-203(3)(a) provides the designated election official of each political
subdivision must certify the ballot order and content for the 2020 General Election by September 4, 2020;
and
WHEREAS, pursuant to Section 39-1-111 C.R.S., the Town shall be authorized by order of the
Town Council to levy against the valuation for assessment of all taxable property the requisite property
taxes for all purposes required by law; and
WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the
Taxpayer's Bill of Rights ("TABOR") requires voter approval for any new tax, increase in any tax rate,
mill levy above that for the prior year, valuation for assessment ratio increase for a property class,
extension of an expiring tax, or a tax policy change causing a net revenue gain, the creation of any debt,
and the spending of certain funds above limits established by TABOR; and
WHEREAS, pursuant to the Avon Home Rule Charter, state and federal law, the Town will
participate in a coordinated election on November 3, 2020; and
WHEREAS, the coordinated election to be held on November 3, 2020, is one of the election dates
at which TABOR ballot issues may be submitted to the registered electors of the Town of Avon; and
WHEREAS, the Town Council is of the opinion that it should refer to the voters at the November
3, 2020, coordinated election a TABOR ballot issue concerning a change to the Town's tax mill levy to
stabilize revenue in the event of a change to the residential assessment rate due to Article X, Section 3 of
the Colorado Constitution as set forth herein.
WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution
will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated by reference
and adopted as findings and determinations of the Town Council.
Section 2. Ballot Question. The Town Council hereby refers the following ballot question to the
voters of the Town of Avon:
"WITHOUT RAISING THE MILL LEVY FOR THE 2021 TAX COLLECTION YEAR,
SHALL THE AVON TOWN COUNCIL HAVE THE AUTHORITY TO ADJUST THE
TOWN OF AVON'S MILL LEVY RATE THEREAFTER AS NEEDED FOR THE
Res 20-21 Referring to the Voters a Gallagher Stabilization Ballot Question
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SOLE PURPOSE OF MAINTAINING REVENUES THAT MAY OTHERWISE BE
LOST AS A RESULT OF STATE IMPOSED REDUCTIONS IN THE RATIO OF
ASSESSED PROPERTY TAX VALUATIONS SO THAT THE ACTUAL TAX
REVENUES GENERATED BY THE TOWN'S MILL LEVIES ARE THE SAME AS
THE REVENUES THAT WOULD HAVE BEEN GENERATED HAD THE STATE
NOT IMPOSED SUCH REDUCTIONS, IN ORDER TO ALLOW THE TOWN TO
SUSTAIN SERVICES TO THE AVON COMMUNITY?"
Section 3. Town Clerk is Designated Election Official. The Town Clerk is hereby appointed as
the designated election official of the Town for performing acts required or permitted by law in
connection with the election. The Town Clerk is hereby directed to certify the ballot content, including
the ballot question set forth herein, to the Eagle County Clerk and Recorder.
[SIGNATURE PAGE FOLLOWS]
Res 20-21 Referring to the Voters a Gallagher Stabilization Ballot Question
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ADOPTED this 25th day of August 2020.
AVON T WN C UN IL
i
By: 6 Attest:
44
Sarah Sinith-Hymes, May r
a Torres, Town C
Res 20-21 Referring to the Voters a Gallagher Stabilization Ballot Question
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