RESOLUTION
OF
THE WEST CUSTER COUNTY LIBRARY DISTRICT
BOARD OF TRUSTEES
OCTOBER 20, 2023
WHEREAS, West Custer County Library District (“Library”) duly placed Ballot Issue 5A on West Custer County ballots on November 4, 2003 asking voters to allow the Library to collect taxes sufficient to cover approximately 100% of its operating expenses, provide public community space, computers and wifi, public programming, books, children’s summer reading programs, and other appropriate public library services; and
WHEREAS, the same Ballot Issue 5A also asked voters to allow the Library to collect, retain, spend or reserve, as a voter-approved revenue change, all revenues resulting from said ballot measure, in addition to any other taxes, fees, or revenues of the Library, despite any limitation or restriction of Article X, Section 20 of the Colorado Constitution or any other law; and
WHEREAS, Ballot Issue 5A was approved by Custer County voters and duly recorded and certified by the Board of Canvassers of Custer County on November 18, 2003; and
WHEREAS, in August 2016 the Library Board of Trustees inquired of the Colorado Division of Local Government, the Colorado Property Tax Administrator, and the Custer County Attorney to verify that the Library was exempt from revenue limitations of Article X Section 20 (“de-Bruced’), and received multiple concurring opinions that it was, and that the Library could keep revenues from any source; and
WHEREAS, the Library is officially registered with the Colorado Department of Local Affairs as having successfully held a vote to waive statutory and constitutional limits; and
WHEREAS, there is a current ballot issue Proposition HH which, if passed, would set a Property Tax Inflationary Cap; but from which the Library is exempt by reason of voter approved mills; and
WHEREAS, on October 20, 2023 the Library conducted a public budget hearing, with appropriate public notice given, regarding the proposed 2024 Library budget, which budget will be affected if Proposition HH passes, and at which meeting the public was invited to comment.
THEREFORE, the Board of Trustees of West Custer County Library District, in accordance with voter approval previously given,
RESOLVES: That West Custer County Library District is authorized to collect, retain, spend or reserve, as a previously voter-approved revenue change, all revenues, in addition to any other taxes, fees, or revenues of the Library, despite any limitation or restriction of Article X, Section 20 of the Colorado Constitution or any other law; and without regard to the 5.5% Property Tax Limit (Section 29-1-301, et seq., Colorado Revised Statute), being officially listed on the Colorado Department of Local Affairs as having successfully held a vote to waive such limits.
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President of the Board of Trustees
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Attested by the Secretary of the Board of Trustees
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Date