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TC Resolution 20-24 Advocating for the Passage of Statewide Amendment B Regarding Gallagher Repeal and Avon Ballot Issue 2E, Eagle County Issue 1A, and ERPD Issue A Regarding Gallagher StabilizationA Avon COLORADO RESOLUTION 20-24 ADVOCATING FOR THE PASSAGE OF STATEWIDE AMENDMENT B REGARDING GALLAGHER REPEAL AND TOWN OF AVON BALLOT ISSUE 2E, EAGLE COUNTY BALLOT ISSUE 1A, AND EAGLE FIRE PROTECTION DISTRICT BALLOT ISSUE A REGARDING GALLAGHER STABALIZATOIN WHEREAS, the Gallagher Amendment was referred to Colorado voters by the Colorado General Assembly in 1982 in response to concerns about rising residential property taxes as a result of the state's rapid population growth in the 1970's; and WHEREAS, in 1982, residential property in Colorado constituted approximately 45% of total property value in the state, with other classes of property such as commercial property, agriculture land, vacant land, industrial property and public utilities making up the other 55%; and WHEREAS, the Gallagher Amendment proposed to freeze the ratio of the total value of residential property (45%) to the total value of non-residential property (55%) in perpetuity; and WHEREAS, since 1982, the growth of residential property values has outpaced the growth of the value of non-residential property in the state, to the point residential property currently makes up 80% of the total assessed value of all property statewide; and WHEREAS, given the Gallagher Amendment requires residential property constitute 45% of total statewide valuation, the Colorado General Assembly has been required reduce the property tax "assessment rate" on residential property from 21 % in 1982 to 7.15% in 2020; and WHEREAS, it is expected continued residential growth in the State of Colorado will force the Colorado General Assembly to further reduce the residential assessment rate from 7.15% to approximately 5.88% in 2021; and WHEREAS, the Gallagher Amendment's continued erosion of the residential property tax assessment rate has resulted in an almost 300% increase in the shift of the property tax burden from homeowners to business owners; and WHREEAS, the Gallagher Amendment has eroded the property tax base which funds all local public services; and WHEREAS, the reduction in in the assessment rate from 7.15% to approximately 5.88% is expected in result in a revenue loss to the Town of Avon in the amount of approximately $240,000; and WHEREAS, the Gallagher Amendment Repeal and Property Tax Assessment Rates Measure (the "Gallagher Amendment Repeal Measure") will appear as Amendment B on the statewide ballot in the November 3, 2020 Colorado election, as set forth in Senate Concurrent Resolution 20-001; and WHEREAS, if the Gallagher Amendment Repeal Measure passes, Senate Bill 20-223 of the Colorado General Assembly will take effect freezing property tax assessment rates at the current rates (7.15% for residential property and 29% for non-residential property); and Res 20-24 Supporting Gallagher Repeal and Gallagher Stabilization Ballot Questions Page 1 of 2 WHEREAS, the Avon Town Council has placed Ballot Issue 2E on the ballot in the November 3, 2020 Town of Avon election, which would authorize, but not require, the Avon Town Council to adjust Avon's mill levy rate for the sole purpose of maintaining revenues that may otherwise result from the Gallagher Amendment or other state imposed reductions in the ratio of assessed property tax valuations in order to avoid the continued erosion of funding of Town of Avon services; and WHEREAS, Eagle County and Eagle River Fire Protection District have placed questions similar to Avon's Ballot Issue 2E on their respective ballots for the November 3, 2020 election in order to avoid the continued erosion of funding of local public services in their own communities; and WHEREAS, the Colorado Fair Campaign Practices Act authorizes local governments to adopt resolutions in support of or opposition to ballot issues, and it is the desire of Avon Town Council to express its overwhelming and strongest possible support of the Gallagher Amendment Repeal Measure, Ballot Issue 2E, Eagle County Ballot Issue 1 A, and Eagle Fire Protection District Ballot Issue A; and WHEREAS, the Colorado Fair Campaign Practices Act also authorizes local governments to distribute in normal fashion an adopted resolution regarding any ballot issue of importance to that local government. 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. Gallagher Amendment Repeal Measure The Avon Town Council affirmatively supports the statewide ballot question regarding the Gallagher Amendment Repeal Measure and urges qualified electors to vote YES on Amendment B. Section 3. Ballot Issue 2E. The Avon Town Council affirmatively supports the Town of Avon ballot question regarding Gallagher stabilization and urges qualified electors to vote YES on Ballot Issue 2E. Section 4. Eaule County and Eagle Fire Protection District Gallagher Stabilization. The Avon Town Council affirmatively supports the ballot questions regarding Gallagher stabilization and urges qualified electors to vote YES on Eagle County Ballot Issue 1 A and Eagle Fire Protection District Ballot Issue A. ADOPTED this 22nd day of September 2020. AVON TOWN COUNCIL } BY Attest: Sifirah Sm th-Hymes M �yor Brenda Torres, Town Cl Res 20-24 Supporting Gallagher Repeal and Gallagher Stabilization Ballot Questions Page 2 of 2 NOFA SEA