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HomeMy WebLinkAboutresolution.council.104-09RESOLUTON NO. ~~ (SERIES OF 2009) .~__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO SETTING THE 2010 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, 2010 and ending December 31, 2010; and WHEREAS, the City Council previously adopted Resolution 95 on November 23, 2009 setting the mil for 2010; and WHEREAS, the net assessed valuation of the taxable property for the year 2009 in the City of Aspen returned by the County Assessor of Pitkin County was updated on December 1, 2009, is the sum of $1,688,409,975; 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 w 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 2010 is calculated as $567,306 and WHEREAS, said voter approval on November 1, 2005 established the City's general government mil levy rate at 5.410 mils upon each dollaz 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 yeazs 2006 through 2010; and WHEREAS, said mil levy is calculated to produce gross ad valorem tax proceeds in the amount of $9,134,298 for collection year 2010; based upon the assessed valuation as determined by the County Assessor, and WHEREAS, voter approval on November 6, 2007 established the City's Stormwater Fund mil levy rate at an amount not to exceed 0.650 mils upon each dollaz 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 $1,097,466 for collection year 2010; based upon the net assessed valuation of the City of Aspen as determined by the County Assessor, and WHEREAS, the net assessed valuation of taxable property in Aspen increased approximately 35% between 2008 and 2009 assessment yeazs, 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 ~TM• 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 2010 budget, and providing a reasonable closing fund balance for said fiscal year, levies the following taxes upon each dollaz of the total valuation for assessment of all taxable property within the City of Aspen for the year 2009; that a temporary mil levy rate reduction is authorized; and that the individual mil levies aze 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 1.862 for the General Property Tax mil levy and a temporazy credit of 0.156 for the Stormwater Fund mil levy: -^~~ ~..,, (General Property Tax Voter Approvedlncrease Subtotal Stormwater Fund General Fund Asset Management Fund Voter Approvedlncrease Total General Mill Levy 2010 Tax Rate 5.410 5.410 0.650 6.060 2009 Assessed Valuation $1,688,409,975 $1,688,409,975 $1,688,409,975 2010Temporary 2010Milll Credit Rate 2.198 3.212 0.336 1.862 3.548 0.156 0.494 2.018 4.042 Updated MiIlLevy 2010 Progerty Rate Tax 2.184 $3,687,487 1.028 $1,735,685 0.336 $567,306 3.548 $5,990,479 I Stormwater Mill Levy $1,688,409,975 Tota12030 Property Tax 0.494 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, 2009. ADOPTED THIS 7, day of Dec ber 2009 ~~ Michael C. Ireland, M yor 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 December 7, 2009, which Resolution was adopted subsequent to public hearings on the City of Aspen's 2010 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. Kathryn Koc~; City Clerk