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Foothills Park and Recreation May ballot question
Contributed by: Foothills Park and Recreation on 3/28/2008

ELECTION RESOLUTION
TO CONDUCT A MAIL BALLOT ELECTION
FOR THE MAY 6, 2008 REGULAR AND SPECIAL ELECTIONS
OF FOOTHILLS PARK AND RECREATION DISTRICT

WHEREAS, on January 22, 2008, the Board of Directors of Foothills Park and Recreation District ("District") adopted an Election Resolution to appoint a designated election official and to conduct a regular election of the District to elect three Directors of the Board; and

WHEREAS, in that January 22, 2008 Election Resolution, it was stated that:

[T]he Board is currently gathering information as part of its consideration as to whether to present a ballot question to its electors as part of a special election to be conducted as a mail-ballot election on May 6, 2008 (pursuant to Section 1-7.5-101, et seq., C.R.S.). If required, a plan for mail ballot election will be submitted for approval by the Colorado Secretary of State (the Secretary of State) and the District will give notice to the Jefferson County Assessor and the Jefferson County Clerk and Recorder for that such election is being held.

WHEREAS, the Board of Directors of the District has determined that it is in the best interest of its constituents to seek an increase of the District's ad valorem mill levy pursuant to the terms of the ballot question that is set forth in Section 3 below; and

WHEREAS, in accordance with the provisions of the Special District Act ("Act") and the Uniform Election Code of 1992, as amended ("Code), a special election must be conducted by mail ballot to seek an increase in the District's ad valorem mill levy along with the regular election of the District to elect (3) Directors to serve for a term of four years each; and

WHEREAS, Article X, Section 20 of the Colorado Constitution (TABOR) requires voter approval for incurring debt, the creation of any tax, and for spending certain moneys above limits established by TABOR. TABOR requires the District to submit ballot issues or ballot questions (as defined in TABOR) to the District's electors on certain election dates at which such questions may be submitted to the District's eligible electors. Any such election would be a special election of the District as permitted under the Act, Code and TABOR; and

WHEREAS, the Board desires to authorize the special mail ballot election to be conducted on May 6, 2008.

NOW, THEREFORE, be it resolved by the Board of Directors of the Foothills Park and Recreation District that:

1. Conduct of Special and Regular Elections. Special and Regular Elections of the District shall be conducted by mail ballot on May 6, 2008, between the hours of 7:00 A.M. and 7:00 P.M. pursuant to and in accordance with the Act, Code, and other applicable laws.

2. Designated Election Official. Sue Blair of Community Resource Services is appointed as the Designated Election Official on behalf of District, replacing Richelle Riley who was previously appointed, and is hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Resolution and of the Act, Code, or other applicable laws. The Election shall be conducted in accordance with the Act, Code, and other applicable laws. Among other matters, the Designated Election Official shall notify Jefferson County of the District's intent to conduct a mail ballot election, submit a mail ballot plan for approval by the Colorado Secretary of State, appoint election judges as necessary, appoint the Board of Canvassers, arrange for the required notices of election (either by mail or publication) and printing of ballots, and direct that all other appropriate actions be accomplished.

3. Mail Ballot Election. The following location is designated as the official depository for all mail ballots:

Foothills Park and Recreation District Administrative Offices
"The Peak"
6612 S. Ward Street
Littleton, CO 80127

Ballots shall be accepted from 7:00 a.m. to 7:00 p.m. on the date of election at the same location. Mail ballots shall be available twenty-five (25) days prior to the election at the District offices for eligible electors who do not receive a mail ballot because they were not listed as registered voters by Jefferson County or who are listed as "inactive" on the County voter registration records.

4. Ballot Title. The ballot title for the mill levy increase to be submitted at the election shall be in substantially the following form:

SHALL FOOTHILLS PARK AND RECREATION DISTRICT TAXES BE INCREASED $2,866,571.49 ANNUALLY, COMMENCING IN 2008, OR BY SUCH GREATER OR LESSER ANNUAL AMOUNT AS MAY BE DERIVED FROM AN INCREASE IN AD VALOREM MILL LEVY NOT IN EXCESS OF 3.0 MILLS ANNUALLY, THE REVENUES THEREFROM TO BE USED FOR THE PURPOSES OF CAPITAL REPAIRS, CAPITAL EQUIPMENT REPLACEMENT, AND MAINTENANCE AND IMPROVEMENT OF EXISTING PARKS, FACILITIES AND AMENITIES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING THROUGH THE USE OF THE GENERATED AD VALOREM TAX REVENUE (THE FOLLOWING ARE REPRESENTATIVE EXAMPLES OF PROJECTS AND USES OF FUNDS, SET FORTH ALPHABETICALLY AND NOT INTENDED TO PRECLUDE THE COMPLETION OF OTHER PRIORITY OR EMERGENCY CAPITAL NEEDS):

§ EQUIPMENT REPLACEMENTS (MOWERS, VEHICLES, EXERCISE EQUIPMENT, COMPUTER EQUIPMENT, ETC.)
§ GENERAL BUILDING REPAIRS & IMPROVEMENTS (PEAK COMMUNITY & WELLNESS CENTER, RIDGE RECREATION CENTER AND POOLS, LILLEY GULCH RECREATION CENTER, EDGE ICE ARENA, INDOOR SPORTS ARENA)
§ GOLF COURSE REPAIRS & IMPROVEMENTS (TEE BOX IMPROVEMENTS, GROVE PICNIC AREA, CART PATH REPAIRS, CLUB HOUSE IMPROVEMENTS)
§ IRRIGATION PROJECTS (CLEMENT PARK, COLUMBINE HILLS, COLUMBINE SPORTS, WOODMAR, VALLEY VIEW, WEST LAUREL, LAKEHURST, COLUMBINE WEST, WILLOW CREEK, BLUE HERON, WESTFIELD, CHIEF COLOROW, JIM HOIDA, TRACT M)
§ PARKS, TRAILS AND BRIDGES (MAINTENANCE AND IMPROVEMENT OF DISTRICT'S PARKS, TRAILS AND BRIDGES, STATE MANDATED NOXIOUS WEED REMOVAL)
§ PARKING LOTS (LILLEY GULCH NORTH LOT, 6TH AVE. ESTATES, COLUMBINE WEST POOL, MEADOWS GOLF CLUB, CLEMENT PARK)
§ PLAYGROUNDS (RIDGE AT WEST MEADOWS, POWDERHORN, WOODMAR SQUARE, COLUMBINE HILLS, DAKOTA STATION, TRAPPERS GLENN, CHIEF COLOROW, WINGATE SOUTH, JIM HOIDA, LILLEY PAD, 6TH AVE. ESTATES, TRACT M, RIDGE RECREATION PLAYGROUND SURFACE)
§ POOLS (6TH AVENUE, COLUMBINE WEST, DEER CREEK, WEAVER HOLLOW)
§ SHELTER PROJECTS (TRAPPERS GLENN, WEST LAUREL, 6TH AVE. WEST, GOVERNOR GRANT, EAGLE MEADOWS, CHRISTENSEN MEADOWS, JIM HOIDA, COLUMBINE HILLS, LAKEHURST, TRACT M)
§ TENNIS COURT PROJECTS (6TH AVE. WEST, COLUMBINE HILLS, LILLEY GULCH, EASTON REGIONAL, DAKOTA STATION, EAGLE MEADOWS)
§ TRAIL IMPROVEMENTS (KIPLING TRAIL, WINGATE SOUTH, COLUMBINE TRAIL, 6TH AVENUE WEST STAIRS, LAKEHURST TRAIL)

AND WITH THE GENERATED AD VALOREM TAX REVENUE TO BE USED FOR THE PURPOSES OF PAYING THE DISTRICT'S OPERATIONS, MAINTENANCE, AND OTHER EXPENSES; AND SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT INCOME THEREON BE COLLECTED AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE IN 2008 AND IN EACH YEAR THEREAFTER, WITHOUT REGARD TO ANY SPENDING, REVENUE RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSITITUTION, OR SECTION 29-1-301, COLORADO REVISED STATUTES?

5. Regular Election of the Board. All relevant provisions of the January 22, 2008 Election Resolution are ratified regarding the conduct of the regular election for members of the Board of Directors, except that such election shall also be conducted via mail ballot, if not cancelled in accordance with the law.

6. Severability. If any part or provision of this Resolution is adjudged to be unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, it being the Board's intention that the various provisions hereof are severable.

7. Repealer. All acts, orders, and resolutions, or parts thereof, of the Board that are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict.


8. Effective Date. The provisions of this Resolution shall take effect immediately.

ADOPTED AND APPROVED this 26th day of February, 2008.


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