HomeMy WebLinkAboutresolution.council.107-02 RESOLUTON NO. 107
(SERIES OF 2002)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO SETTING THE 2003 MUNICIPAL MILL LEVY AND
CERTIFYING SAME TO THE BOARD OF COUNTY COMMISSIONERS FOR
PITKIN 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, 2003 and December 31, 2003;
and
WHEREAS, the assessed valuation of the taxable property for the year 2002 in
the City of Aspen as certified by the County Assessor of Pitkin County on Augnst 26th,
2002, is the sum of $786,791,340; and
WHEREAS, the City Council has determined that the mill levy limit imposed on
the City of Aspen which can not be altered without voter approval or statutory exemption
by Article X, Section 20 of the Colorado Constitution is 5.401 mills; and
WHEREAS, the County Assessor pursuant to Sec. 39-10-114( 1)(a)( I )(B),
C.R.S., did certify to the City of Aspen taxes abated and refunded as of August 1, 2002,
in the an~ount of $32,546.02; and
WHEREAS, Sec. 29-1-301(1)(a), C.R.S. and the holding of the Colorado
Supreme Court in Bolt v. Aral~ahoe County School District Number Six, 898 P.2d 525
(Colo. 1995) authorizes taxes abated and refunded as certified by the County Assessor to
be levied and collected without voter approval; and
WHEREAs, the sum of the City of Aspen's mill levy limit of 5.401 and the
additional mill levy of 0.041 allowed in order to recover prior year taxes abated and
refunded equals a total mill levy rate lawfully afforded the City of Aspen of 5.442 as
described in Exhibit A; and
WHEREAS, the City Council has determined that this 5.442 proper mill levy
upon each dollar of the assessed valuation on all taxable property within the city shall be
that determined by the County Assessor sufficient to produce as valorem tax proceeds in
the amount of$4,281,718; and
WHEREAS, THE CITIZENS OF ASPEN in November, 2000, authorized the
City of Aspen, without increasing the property tax mill rate, set at the time at 5.401 mills,
to collect, retain, and expend any property tax revenues that are in excess of the revenue
limits of Article X, Section 20, of the Colorado Constitution, for the purpose of
contributing to the enhancements to the Aspen Recreation Center, including the
swimming pool, the inclusion of the Aspen Youth Center within the complex, the
expansion of common elements for the addition of a privately funded ice rink, and to
fund a capital and operating fund for the facilities; and
WHEREAS, rather than be below the City mill levy rate revenues, permitted by
Article X, Section 20 of the Colorado Constitution revenue limit calculation exceeds the
revenues estimated to be collected resulting from the City's 5.401 mill levy limit, the City
Council determines that no TABOR excess will be realized this year.
NOW, THEREFORE BE IT RESOLVED BY TIlE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
SECTION 1
That for the purpose of defraying the expenses of the City of Aspen, Colorado during the
fiscal year beginning January 1, 2003 and ending December 31, 2003, there is hereby
levied a tax of 5.442 mills on said dollar of the assessed valuation of the taxable property
in the City of Aspen, Colorado for the purpose of raising the sum of $4,281,718 as
prescribed in Exhibit A which together with the Fund Balm~ce and revenue from all other
revenue sources, is estimated to meet budget expenditure requirements and provide a
reasonable closing Fund Balance for said fiscal year.
SECT/ON 2
The City Clerk is hereby directed to certify and deliver this Resolution to the Board of
County Commissioners for Pitkin County on or before December 15, 2002.
ADOPTED THIS 25th day of November 2002.
I, KATHRY'N KOCH, duly appointed and acting City Clerk of the City of Aspen,
Colorado, do hereby certify that the foregoing is a true and correct copy of the Resolution
adopted by the City Council at its meeting held on November 25th, 2002, which
Resolution was adopted subsequent to public hearings on the City of Aspen's 2003
Proposed Municipal Budget and pr/or to the final day established by law for the
certification of the tax levy to Pitkin County, all was required by the Sections 9.8 and 9.9
o ftheAspenHomeRuleCharter. ~'~ ~/.~.
: /Kathryn Ko~( ~it~ ~lerk
EXHIBIT A
CERTIFICATION OF TAX LEVIES for NON'SCHOOL Governments *
· School governments must use forms provided by the Colorado Department of Education (303) 866-6600.
TO: County Commissioners of Pitkin Co~mty, Colorado. The City Council
(governing board)
of the Aspen, Colorado hereby certifies the following mill levies to be extended upon the
(name of local government)
GROSS$ assessed valuation orS 786,791,340. Submitted this date: 11-21-2002
PURPOSE LEVY REVENUE
1, General Operating Expenses [This includes
fire pension, unless fire pension levy is voter-
approved; if so, use Line 7 below.] 5.401 mills $ 4,249,460
2. (Minus) Temporary Property Tax Credit/
Temporary Mill Levy Rate Reduction,
IF THE CREDIT DOES NOT APPLY TO the General Operating Expenses levy
PLEASE INDICATE HERE THE LEVY TO WHICH THE CREDIT APPLIES
SUBTOTAL mills $
3. General Obligation Bonds and Interest
[Special Districts must certify separately for
each debt pursuant to 32-1-1603, C.R.S.; see
Page 2 of this form.] mills $
4. Contractual Obligations Approved At
Election mills $
5. Capital Expenditures [These revenues are not
subject to the statutory property tax revenue
limit if they are approved by counties and
municipalities through public hearing~ pursuant
to 29-1-301(1.2) C.R.S. and for special districts
though approval from the Division of Local
Government pursuant to 29-I-302(1.5) C.R.S.
or for any entity if approved at election.] mills $
6. Refunds/Abatements 0.041 mills $ 32,258
7. Other (specify): mills $
TOTAL 5.442 mills $ 4,281,718
NOTE: Certification must be can:ied to three decimal places only.
NOTE: If you certify to more than one county, you must certify the same levy to each county.
NOTE: If your boundar/es extend into more than one county, please list all counties here:
Counties:
Contact person: Daytime
(print) Kathleen VonAchen phone: (970) 920-5044
Signed: Title: Budget Director-City of Aspen, Colorado
Send one completed copy of this form to the Division of Local Government (DZG), Room 521, 1313 Slierman Street~ Denver~
Colorado 80203 when you sltbmlt it to the Board(s) of County Commissioners. Questions? Call DJL G at (303) 866-2156.
~ As reported by County Assessor in iqnal certification of valuation; use NETAssessed Vahtation to calculate any levy~
Form DLG 70 (rev 6/02) Page 1 of 2