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HomeMy WebLinkAboutresolution.council.109-08RESOLUTON NO. 109 (SERIES OF 2008) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO SETTING THE 2009 MUNICIPAL MIL .LEVY RATES AND CERTIFYING SAME TO THE BOARD OF COUNTY COMMISSIONERS FOR PITHIN COUNTY. WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado for the fiscal year beginning January 1, 2009 and ending December 31, 2009; and WHEREAS, the assessed valuation of the taxable property for the year 2008 in the City of Aspen returned by the County Assessor of Pitkin County on August 25th, 2008, is the sum of $1,252,114,470; and WHEREAS, THE CITIZENS OF ASPEN in November, 2005, authorized the City of Aspen to collect, retain, and expend any property tax that is in excess of the limits of Article X, Section 20, of the Colorado Constitution, for the purpose of purchasing alternative fuel (e.g. hybrid) bus or busses for use within the City's RFTA routes; Improving the quality of storm water runoff entering the Roaring Fork River through construction of the Jenny Adair Wetlands Project, and associated improvements to the City's storm water runoff retention and sediment removal systems; Design and construction of a new outdoor swimming pool at the Aspen Recreation Center; and, Construction of improvements to key elements of the City's sidewalk and trail system including Americans with Disabilities Act (ADA) improvements; and the amount of such excess revenue available for these purposes for 2008 is calculated as $1,796,784, and WHEREAS, said voter approval on November 1St' 2005 established the City's general government mil levy rate at 5.410 mils upon each dollar of the assessed valuation on all taxable property within the city for the five year assessment period beginning in 2005 and ending in 2009, and permitting collection of property tax revenues in excess of the mil levy limitation provided in Article X, Section 20 of the Colorado Constitution for property tax collection years 2006 through 2010; and WHEREAS, said mil levy is calculated to produce gross ad valorem tax proceeds in the amount of $6,773,939 for collection year 2009; based upon the assessed valuation as determined by the County Assessor, and WHEREAS, voter .approval on November 6t", 2007 established the City's Storm water program mil levy rate at an amount not to exceed 0.65 mils upon each dollar of assessed valuation on all taxable property within the city annually with no date of expiration, permitting collection of property tax revenues in excess of the mil levy limitation provided in Article X, Section 20 or the Colorado Constitution for property tax collection in all future years beginning in 2008; and WHEREAS, said mil levy rate is calculated to produce gross ad valorem tax proceeds in the amount of $813,874 for collection year 2009; based upon the assessed valuation of the City of Aspen as determined by the County Assessor, and WHEREAS, the assessed valuation of taxable property in Aspen increased approximately 52% between 2005 and 2008 assessment years, and WHEREAS, a temporary reduction in property tax collections is desired by the City Council in order to reduce the tax burden on owners of taxable property within the City of Aspen while preserving the City's ability to increase property taxes to levels previously authorized by City of Aspen voters as described above, and WHEREAS, C.R.S. section 39-1-111.5 authorizes a local government to certify a refund in the form of a temporary property tax credit or a temporary mil levy rate reduction, provided that the certification includes the gross mil levy, the temporary property tax credit or temporary mil levy rate reduction expressed in mil levy equivalents, and the net mil levy and under C.R.S. section 39-1-111.5(4), the Assessor shall, concurrent with delivery of tax warrants to the Treasurer, itemize duly certified temporary property tax credits or temporary mil levy rate reductions in the manner set forth in C.R.S. section 39-1-111.5(2), and under C.R.S. section 39-1-111.5(5) the tax statements shall indicate by footnote which local government mil levies reflect a temporary property tax credit or temporary mil levy rate reduction for the purpose of effecting a refund. SECTION 1 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ASPEN, Colorado for the purpose of balancing the 2009 budget, and providing a reasonable closing fund balance for said fiscal year, levies the following taxes upon each dollar of the total valuation for assessment of all taxable property within the City of Aspen or the year 2008; that a temporary mil levy rate reduction is authorized; and that the individual mil levies are expressed in terms of the gross mil levy, the temporary mil levy rate reduction shown in mil levy equivalents, and the net mil levy as shown below, which includes a temporary credit of .611: . 2008 2008 it of As n T R t Assessed V Net 2009 y e pg~y ax a PS General Property Tax Mil Levy: aluation Mil Levv Pro eq.~y Tax General Fund: $1,252,114,470 2.186 $2,737,122 Asset Management Fund: $1,252,114,470 1.789 $2,240,033 TA80R Exemption Projects:: $1,252,114,470 0.824 1 1 742 TOTAL: General Mil Levy: 4.799 $6,008,897 Stormwater Fund Mil Levy: $1,252,114,470 0.650 5813,874 TOTAL 2008 Property Tax: $6,822,772 SECTION 2 The City Clerk is hereby directed to certify and deliver this Resolution to the Board of County Commissioners for Pitkin County on or before December 15, 2008. ADOPTED THIS 24th, day of November 2008 Michael C. I, KATHRYN KOCH, duly appointed and acting City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by the City Council at its meeting held on November 24th, 2008, which Resolution was adopted subsequent to public hearings on the City of Aspen's 2009 Proposed Municipal Budget and prior to the final day established by law for the certification of the tax levy to Pitkin County, all was required by the Sections 9.8 and 9.9 of the Aspen Home Rule Charter. , ~ ~ J Kathryn Koc~ City Clerk