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TC Ord. No. 2007-07 Declaring the TOA general iprovement district No.1 organized and submitting to the electors of the district the questions of imposing and as valorem tax to pay the annual expenses of the districtEAGLE COUNTY, CO TEAK J SIMONTON ` Pgs: 13 6 04 49 44PM R EC: X66.00 COC: $ 11111111 111111 TOWN OF AVON, COLORADO ORDINANCE NO. 07-07 SERIES OF 2007 200723552 09/05/2007 11111111111111 AN ORDINANCE DECLARING THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 ORGANIZED AND SUBMITTING TO THE ELECTORS OF THE DISTRICT THE QUESTION OF IMPOSING AN AD VALOREM TAX TO PAY THE ANNUAL EXPENSES OF THE DISTRICT. WHEREAS, the Town of Avon (the "Town"), is a municipal corporation duly organized and existing as a home-rule municipality under Article XX of the State Constitution (the "Constitution") and laws of the State of Colorado; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town Clerk of the Town has received a petition (the "Petition") stating that it has been signed by one hundred percent of the owners of certain taxable real property within the Town described in Exhibit A hereto (the "Property") and requesting that the Town of Avon General Improvement District No. 1 (the "District") be created; and WHEREAS, it appears that the Petition has. been duly signed and presented in conformity with Part 6 of Article 25 of Title 31, C.R.S., and that the allegations of the Petition are true; and WHEREAS, the Petition sets forth: (a) the name of the District; (b) a general description of the services to be provided within and for the District (the "Services"); (c) the estimated annual cost of providing the Services; (d) a general description of the boundaries of the District or the territory to be included therein with such certainty as to enable a property owner to determine whether or not his or her property is within the District; (e) the names of three persons of the District who shall represent the petitioners and who have the power to enter into agreements relating to the organization of the District; (f) a request for the organization of the District; and (g) a statement that the Petition is signed by one hundred percent of the owners of the Property; and WHEREAS, the Petition requests that (1) the Council waive all of the requirements for notice, publication, a hearing, an election and the filing of a bond set forth in Sections 31-25-605, 31-25-606 and 31-25-607, Colorado Revised Statutes ("C.R.S."), and (2) the Council adopt an ordinance declaring the District organized without such notice, publication, hearing, election or filing of a bond; and WHEREAS, Article X, Section 20 of the Constitution ("TABOR") requires voter approval for the imposition of a new tax and for spending certain moneys above limits established by TABOR; and WHEREAS, Section 31-25-607, C.R.S., authorizes the Council, as it deems appropriate, to submit matters for which voter approval is required under TABOR to the Electors; and WHEREAS, the interest of the Town and the District and the public interest and necessity demand and require the provision of the Services within the District, all at an estimated cost of $40,000 annually, subject to adjustment for inflation; and WHEREAS, TABOR requires that ballot issues (as defined in TABOR) be submitted to the Electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 6, 2007, is one of the election dates at which ballot issues and spending questions may be submitted to the Electors pursuant to TABOR; and WHEREAS, it is the desire of the Council to conduct an independent mail ballot election in and for the District on the election date; and WHEREAS, the Council has determined that it is necessary to submit to the Electors, at an independent mail ballot election to be held on November 6, 2007 (the "Election"), an election question regarding the imposition of ad valorem taxes on the taxable property within the District to pay the annual expenses of the District and the spending of certain moneys above the limits established by TABOR; and ° WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. . NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Council hereby makes the following findings: a. The signatures upon the Petition are genuine. Pursuant to Section 31-25- 607(3), C.R.S., such determination and all matters of fact incident thereto shall be final and conclusive on all parties in interest, whether appearing or not. b. As ascertained from the tax rolls of Eagle County, from the last official registration list, and from such other evidence as has been adduced, the total number of electors of the District (as such term is defined in Section 31-25-602, C.R.S., the "Electors") is zero, and the total valuation for assessment of the real and personal property in the District is $17,838,890; and c. The Services will confer a general benefit on the District and the cost of the Services will not be excessive as compared with the value of the property in the District. Section 2. The Council hereby waives all of the requirements for notice, publication, a hearing, an election and the filing of a bond set forth in Sections 31-25-605, 31-25-606 and 31- 25-607, C.R.S with respect to the Petition and the District. 2 Section 3. The Council hereby declares the District organized. The corporate name of the District shall be "Town of Avon General Improvement District No. 1," by which, in all proceedings, it shall hereafter be known. The District shall be a public or quasi-municipal subdivision of the State of Colorado and a body corporate with the limited proprietary powers set forth in Part 6 of Article 25 of Title 31, C.R.S. Section 4. The District lies within the Town in the County of Eagle, State of Colorado and its boundaries shall consist of the Property as described in Exhibit A. Section 5. The Council hereby provides that the Town shall utilize the requirements and procedures of the Uniform Election Code of 1992 (the "Uniform Election Code") and Article 7.5 of Title 1, C.R.S. (the "Mail Ballot Election Act") with respect to the Election. Section 6. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Town and the officers thereof, directed towards the organization of the District, the Election and the objects and purposes herein stated are hereby ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Part 6 of Article 25 of Title 31, C.R.S., the Uniform Election Code, the Mail Ballot Election Act, and TABOR. Section 7. Pursuant to the applicable laws of the State of Colorado, the Council hereby determines that the Election shall be held on November 6, 2007. At the Election there shall be submitted to the Electors the question set forth in Section 8 below. Section 8. The Council hereby authorizes and directs the designated election official to certify to the County Clerk and Recorder of Eagle County, on or before September 7, 2007, the question in substantially the form hereinafter set forth: SHALL TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 TAXES BE INCREASED $40,000, COMMENCING IN TAX COLLECTION YEAR 2009 (THE FIRST FULL FISCAL YEAR OF THE TAX INCREASE) AND IN FUTURE YEARS BY AN AMOUNT NOT TO EXCEED THE AMOUNT COLLECTED IN THE PRECEDING YEAR ADJUSTED FOR INFLATION BY THE PERCENTAGE CHANGE FROM THE PRECEDING YEAR AVERAGE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE DENVER-BOULDER-GREELEY METROPOLITAN AREA AS PUBLISHED SEMIANNUALLY AND APPEARING IN THE JANUARY AND JULY ISSUES OF THE CPI DETAILED REPORT PUBLISHED BY THE BUREAU OF LABOR STATISTICS TO PAY THE ANNUAL EXPENSES OF THE DISTRICT; AND SHALL THE MILL LEVY BE INCREASED IN ANY YEAR, WITHOUT LIMITATION OF RATE AND IN AN AMOUNT SUFFICIENT TO GENERATE SUCH AMOUNTS; AND SHALL ALL REVENUES RECEIVED BY THE DISTRICT BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND NOTWITHSTANDING THE 5.5% REVENUE LIMIT OF SECTION 29-1-301, 3 COLORADO REVISED STATUTES OR THE LIMITS OF ANY OTHER LAW? Section 9. The Council hereby appoints the Town Clerk, ex officio Secretary of the District, as the designated election official for purposes of performing acts required or permitted by law in connection with the Election. Pursuant to Section 1-1-111(2), C.R. S., all powers and authority granted to the Council may be exercised by,the designated election official including but not limited to the power to appoint election judges. Section 10. If a majority of the votes cast on the question to authorize the levy of ad valorem property taxes submitted at the Election shall be in favor of incurring such levy as provided in such question, the District, acting through the Council as the ex officio Board of Directors of the District, shall be authorized to proceed with the necessary action to levy ad valorem property taxes in accordance with such question. Any authority to levy ad valorem property taxes, if conferred by the results of the Election, shall be deemed and considered a continuing authority to levy the ad valorem taxes so authorized. Section 11. . The officers of the Town and the District are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. Section 12. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this ordinance, the intent being that the same are severable. Section 13. Pursuant to Section 1-11-203.5, C.R.S., any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set. Section 14. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. Section 15. Pursuant to Section 6.4 of the Town of Avon Home Rule Charter, this ordinance shall take effect seven days after public notice following final passage. Section 16. This ordinance, immediately on its final passage and adoption, shall be numbered and recorded in the official records of the Town. Its adoption and publication shall be authenticated by the signature of the Mayor and the Town Clerk, and by the certificate of publication. Section 17. Within thirty days after the effective date of this ordinance, the Town Clerk shall transmit to the County Clerk and Recorder of Eagle County a copy of this ordinance for recording. 4 INTRODUCED, PASSED ON FIRST READING AND ORDERED PUBLISHED this 14th day of August, 2007. (SEAL);: r ATTEST3g1 TOWN-OF~VON, COLORADO Z~ C~) Ronald C. Wolfe, Ma (-gx Pa Mc envy, n lerk PASSED ON SECOND READING, FINALLY APPROVED AND ORDERED PUBLISHED this 28th day of August, 2007. r~ a (SEAL) r ~ r~ ~ry~ ' f ATTEST: TOWN OF AVON, COL Ronald C. Wolfe, Mayor ~.flc ~ Pa Mc envy, Town erk 5 Exhibit A Legal Description of Property within the District Lots 1 and 2, FINAL PLAT OF CHATEAU ST. CLAIRE SUBDIVISION - PUD according to the plat thereof filed June 18, 1997 in Book 729 at Page 742, County of Eagle, State of Colorado A-1 STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Patty McKenny, the duly elected, qualified and acting Town Clerk of the Town of Avon, Colorado (the "Town") do hereby certify: 1. The foregoing pages are a true, correct, and complete copy of an ordinance (the "Ordinance") concerning the Town of Avon General Improvement District No. 1, duly adopted by the Town Council (the "Council") of the Town, at regular meetings of the Council held at the Town Municipal Building on August 14, 2007, and August 28, 2007. 2. There are no bylaws, rules or regulations of the Council which might prohibit the adoption of the Ordinance. 3. The Ordinance was duly passed on first reading at an open, regular meeting of the Council on Tuesday, August 14, 2007 by an affirmative vote of the members of the Council as follows: Name "Yes" "No" Absent Brian Sipes ✓ Richard Carroll ✓ Dave Dantas ✓ Kristi Ferraro Amy Phillips ✓ Tamra Nottingham Underwood 4. The Ordinance was duly passed on second reading and finally approved at an open, regular meeting of the Council on Tuesday, August 28, 2007 by an affirmative vote of the members of the Council as follows: Name "Yes" "No" Absent Brian Sipes ✓ Richard Carroll ✓ Dave Dantas v Kristi Ferraro ✓ Amy Phillips ✓ Tamra Nottingham Underwood V 5. The Ordinance has been signed by the Mayor, sealed with the corporate seal of the Town, attested by me as Town Clerk, and duly recorded in the books of the Town; and that the same remains of record in the book of records of the Town. 1 6. Notices of the regular meetings of August 14, 2007 and August 28, 2007, in the forms attached hereto as Exhibit A, were posted in a in at least three public places within the Town in addition to posting at the office of the Town Clerk on August 10 , 2007, which is at least 10 days prior to such meetings. 7. After passage on first reading on August 14, 2007, the Ordinance was posted in at least three public places within the Town in addition to posting at the office of the Town Clerk on August 1`7 , 2007, which is not less than seven days before August 28, 2007. After passage on second reading and final approval on August 28, 2007, the Ordinance was posted in at least three public places within the Town in addition to posting at the office of the Town Clerk on August So, 2007. 8. Within thirty days after the effective date of the Ordinance, on 30 , 2007, a copy of the Ordinance was transmitted to the County Clerk and Recorder of Eagle County for recording. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 3fO day of , 2007. AL) K~ V ' S E A L r. t~ 1 0RA~®. Tow Cler 2 EXHIBIT A (Attach Notices of Meetings) TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, AUGUST 14, 2007 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT 5:30 PM CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. CITIZEN AND COMMUNITY INPUT 5. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 6. ORDINANCES a. Ordinance No. 07-07, Series of 2007, First Reading, Ordinance Declaring the Town of Avon General Improvement District No. 1 organized and submitting to the Electors of the District the Question of Imposing an Ad Valorem Tax to Pay the Annual Expenses of the District (John Dunn, Town Attorney) Legislation organizing the . GID No. 1 & submitting a ballot question as part of implementing the Second Amended and Restated Development Agreement for the Gates b. Ordinance No. 07-08, Series Of 2007, First Reading, Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, As It Relates To Applicability To Public Agencies (John Dunn, Town Attorney) Housekeeping legislation which provides for deletion of language that would be a basis for an argument that the Town's regulations do not preempt state law 7. RESOLUTIONS a. Resolution No. 07-26, Series of 2007, Adoption of Avon West Town Center District Investment Plan - August 2007 (Eric Heidemann, Community Development Director) Review of a summary plan addressing considerations for the redevelopment of Avon West Town Center District b. Public Hearing on Resolution No. 07-27, Series of 2007, A Resolution to approve the Town Center West Area Urban Renewal Plan (Scott Wright, Asst. Town Manager, Finance) Public Hearing to consider the adoption of the above referenced plan c. Resolution No. 07-29, Series of 2007, A Resolution Directing the Initiation of Acquisition of certain United States Forest Service Lands that are required for the Safe and Orderly Evolution of the Town (Ron Wolfe, Mayor) d. Resolution No. 07-30, Series of 2007, A Resolution approving the Fourth Amended Condominium Map of Avon Commercial Center, Level 2, a Resubdivision of Unit 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado (Shane Pegram, Engineer II) Amended condominium map of an existing unit/ 100 W. Beaver Creek Blvd. 8. NEW BUSINESS a. Lease with Eagle River Fire Protection District for Snow Storage (Larry Brooks, Town Manager) Review of new lease arrangement with ERFPD for use of Tract E, Village at Avon, Filing 3 as a snow storage location 9. UNFINISHED / OLD BUSINESS a. West Avon Trail Project - Review of a Cost Share Agreement between the United States Forest Service, Town of Avon, Berry Creek Metro District, and Singletree Property Owners Association (Matt Pielsticker, Planner II) Review of status & progress on trail planning in W. Avon 10. OTHER BUSINESS a. Traer Creek Metro District letter to UERWA regarding Eagle County Health Service District Facility at Traer Creek and construction of water tank (Larry Brooks, Town Manager) Avon Council Meeting. 07.08.14 Page 3 of 4 TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, AUGUST 14, 2007 AvON MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT 5:30 PM 11. TOWN MANAGER REPORT 12. TOWN ATTORNEY REPORT 13. MAYOR REPORT 14. FUTURE AGENDA ITEMS: August 28th: Master Plan Options for Public Works & Transportation Capital Facilities Improvements Smoking Ban Discussion with Avon Business Group Housing Update Community Development American Planning Assn Presentation Website Redesign Update East Town Center District Plan Ordinance on Sidewalk & Ditch Maintenance Urban Renewal Authority 1st meeting Convenes 15. CONSENT AGENDA a. Minutes from July 24, 2007 16. ADJOURNMENT Avon Council Meeting. 07.08.14 Page 4 of 4 PETITION FOR THE ORGANIZATION OF THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 Pursuant to Section 31-25-604 of the Colorado Revised Statutes ("C.R.S."), the undersigned (the "Petitioner") is the owner of the taxable real property to be included in the Town of Avon General Improvement District No. 1 (the "District"). The Petitioner hereby submit this petition (the "Petition") requesting the organization of the District. The Petitioner hereby sets forth as follows: 1. The name of the proposed district shall be "Town of Avon General Improvement District No. I". 2. The services to be provided within and for the District (the "Services") shall include transportation and recreation services. 3. The estimated annual cost of providing the Services is $40,000 (annually adjusted for inflation by the percentage change from the prior year average consumer price index for All Urban Consumers for the Denver-Boulder-Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics). 4. The property to be included in the District shall be as follows: Lots 1 and 2, FINAL PLAT OF CHATEAU ST. CLAIRE SUBDIVISION - PUD according to the plat thereof filed June 18, 1997 in Book 729 at Page 742, County of Eagle, State of Colorado 5. Listed below are the names of three persons of the District who shall represent the Petitioner and who have the power to enter into agreements relating to the organization of the District, which agreements shall be binding on the District, if created. Timothy L. Barton Pieter Vanderhammen Frank Visciano 6. The Petitioner hereby requests that the District be organized. 7. The Petition is signed by one hundred percent of the owners of taxable real property to be included in the District. 8. The Petitioner hereby requests that the Town Council of the Town of Avon waive all of the requirements for notice, publication, a hearing, an election and the filing of a bond set forth in C.R.S. 31-25-605, 31-25-606 and 31-25-607 and adopt an ordinance declaring the District organized without such notice, publication, hearing, election or filing of a bond. This Petition for the organization of the Town of Avon General Improvement District No. 1 has been signed and is submitted by: CSC LAND, LLC, a Colorado limited liability company By: JMJCSC LP, a Texas limited partnership, its Manager By: JMJ 129 West LLC, a Texas limited liability company, its General Partne By: imothy L. on, Manager STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON GENERAL ) IMPROVEMENT DISTRICT NO. I) Pursuant to an ordinance adopted by the Town Council of the Town of Avon (the "Town"), in the County of Eagle, and the State of Colorado, ex officio the Board of Directors of the Town of Avon General Improvement District No. 1 (the "District") on August 28, 2007, I, Patty McKenny, Town Clerk of the Town, as ex officio Secretary of the District, was appointed the designated election official for the District with regard to the November 6, 2007, election. Pursuant to Section 1-5-203(3)(a), C.R.S., I hereby certify that the order of the ballot and ballot content attached hereto as Exhibit A were certified by me on or before September 7, 2007 (no later than 60 days prior to the election). WITNESS my hand and the seal of the District this LPG' day of September, 2007. SEAL' f (SEAL) `ar L0RR , TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 By EXHIBIT A (Order of Ballot and Ballot Content) SHALL TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 TAXES BE INCREASED $40,000, COMMENCING IN TAX COLLECTION YEAR 2009 (THE FIRST FULL FISCAL YEAR OF THE TAX INCREASE) AND IN FUTURE YEARS BY AN AMOUNT NOT TO EXCEED THE AMOUNT COLLECTED IN THE PRECEDING YEAR ADJUSTED FOR INFLATION BY THE PERCENTAGE CHANGE FROM THE PRECEDING YEAR AVERAGE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE DENVER-BOULDER-GREELEY METROPOLITAN AREA AS PUBLISHED SEMIANNUALLY AND APPEARING IN THE JANUARY AND JULY ISSUES OF THE CPI DETAILED REPORT PUBLISHED BY THE BUREAU OF LABOR STATISTICS TO PAY THE ANNUAL EXPENSES OF THE DISTRICT; AND SHALL THE MILL LEVY BE INCREASED IN ANY YEAR, WITHOUT LIMITATION OF RATE AND IN AN AMOUNT SUFFICIENT TO GENERATE SUCH AMOUNTS; AND SHALL ALL REVENUES RECEIVED BY THE DISTRICT BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND NOTWITHSTANDING THE 5.5% REVENUE LIMIT OF SECTION 29-1-301, COLORADO REVISED STATUTES OR THE LIMITS OF ANY OTHER LAW? 2 PUBFIN\721669.1 VON C O L O R A D O Avon... a smoke free community Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 September.6, 2007 Ms. Teak J. Simonton Eagle County Clerk and Recorder .500 Broadway, Suite 101 PO Box 537 Eagle, Colorado 81631 Re: Ballot Order and Content for November 6, 2007, Election Dear Ms. Simonton: 970-748-4000 970-949-9139 Fax Relay recognized www.avon.org Pursuant to an ordinance adopted by the Town Council of the Town of Avon, Colorado (the "Town") in the County of Eagle and State of Colorado, ex officio Board of Directors of the Town of Avon General Improvement District No. 1 (the "District"), on August 28, 2007, I, Patty McKenny, Town Clerk of the Town of Avon, ex officio Secretary of the District, was appointed the designated election official for the District with regard to the November 6, 2007 election. Pursuant to Section 1-5-203(3)(a), C.R.S., I hereby certify the order of the ballot and ballot content attached hereto as Exhibit A. TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 By: c~ Sec EXHIBIT A (Order of Ballot and Ballot Content) SHALL TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 TAXES BE INCREASED $40,000, COMMENCING IN TAX COLLECTION YEAR 2009 (THE FIRST FULL FISCAL YEAR OF THE TAX INCREASE) AND IN FUTURE YEARS BY AN AMOUNT NOT TO EXCEED THE AMOUNT COLLECTED IN THE PRECEDING YEAR ADJUSTED FOR INFLATION BY THE PERCENTAGE CHANGE FROM THE PRECEDING YEAR AVERAGE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE DENVER-BOULDER-GREELEY METROPOLITAN AREA AS PUBLISHED SEMIANNUALLY AND APPEARING' IN THE JANUARY AND JULY ISSUES OF THE CPI DETAILED REPORT PUBLISHED BY THE BUREAU OF LABOR STATISTICS TO PAY THE ANNUAL EXPENSES OF THE DISTRICT; AND SHALL THE MILL LEVY BE INCREASED IN ANY YEAR, WITHOUT LIMITATION OF RATE AND IN AN AMOUNT SUFFICIENT TO GENERATE SUCH AMOUNTS; AND' SHALL ALL REVENUES RECEIVED BY THE DISTRICT BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND NOTWITHSTANDING THE 5.5% REVENUE LIMIT OF SECTION 29-1-301, COLORADO REVISED STATUTES OR THE LIMITS OF ANY OTHER LAW? PUBFIN\721662.1