(1)In
consideration of the fact that various noncontiguous parcels containing less than
twenty percent of the residents of the town of Castle Rock are included in the
district, the voters within the boundaries of the town of Castle Rock may elect to
consolidate the status of the town of Castle Rock as completely included in or
completely excluded from the boundaries of the district at an election held
pursuant to subsection (3) of this section.
(2)The outcome of any election held pursuant to subsection (3) of this
section shall apply to any area that is annexed by the town of Castle Rock on or
after the date of such election, regardless of whether the area was included within
the boundaries of the district before the annexation.
(3)Pursuant to the provisions of subsection (1)
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(1) In
consideration of the fact that various noncontiguous parcels containing less than
twenty percent of the residents of the town of Castle Rock are included in the
district, the voters within the boundaries of the town of Castle Rock may elect to
consolidate the status of the town of Castle Rock as completely included in or
completely excluded from the boundaries of the district at an election held
pursuant to subsection (3) of this section.
(2) The outcome of any election held pursuant to subsection (3) of this
section shall apply to any area that is annexed by the town of Castle Rock on or
after the date of such election, regardless of whether the area was included within
the boundaries of the district before the annexation.
(3) Pursuant to the provisions of subsection (1) of this section, the area
included within the boundaries of the town of Castle Rock may be included in or
excluded from the district if the following requirements are met:
(a) Two proposals, one to include the area and one to exclude the area, are
initiated by any of the following methods:
(I) Two petitions, one requesting an election for the purpose of including the
area in the district and one requesting an election for the purpose of excluding the
area from the district, are each signed by at least five percent of the registered
electors within the town of Castle Rock and submitted to the governing body of the
town of Castle Rock; or
(II) The governing body of the town of Castle Rock adopts two resolutions,
one to hold an election for the purpose of including the area in the district and one
to hold an election for the purpose of excluding the area from the district.
(b) An election is held and conducted in accordance with articles 1 to 13 of
title 1 or article 10 of title 31, C.R.S., as applicable, and the following requirements:
(I) The election is held either at the odd-year election held on the first
Tuesday in November of 2005 or any regular local district election for the town of
Castle Rock held thereafter, as determined by the governing body of the town of
Castle Rock. The town of Castle Rock shall pay the costs of such elections.
(II) One ballot question provides for all of the registered electors in the town
of Castle Rock to vote for or against the inclusion of the proposed area in the
district and one ballot question provides for all of the registered electors in the
town of Castle Rock to vote for or against the exclusion of the area from the
district.
(III) Each ballot question specifies that the area proposed to be included in or
excluded from the district, as applicable, is all of the area within the boundaries of
the town of Castle Rock.
(IV) Each ballot question contains the current rates of sales and use tax
levied by the district.
(V) The ballot contains both of the following questions:
(A) Shall the area described in the ballot be included in the regional
transportation district and subject to taxation by the district?; and
(B) Shall the area described in the ballot be excluded from the regional
transportation district and not subject to taxation by the district?.
(4) (a) In the event that either the ballot question to include all of the area
within the boundaries of the town of Castle Rock in the district or the ballot
question to exclude all of the area within the boundaries of the town of Castle Rock
from the district is approved by a majority of the registered electors who voted in
the election and the other ballot question is not approved by a majority of the
registered electors who voted in the election, the ballot question that was approved
by a majority of the registered electors who voted in the election shall take effect.
(b) In the event that both the ballot question to include all of the area within
the boundaries of the town of Castle Rock in the district and the ballot question to
exclude all of the area within the boundaries of the town of Castle Rock from the
district are approved by a majority of the registered electors who voted in the
election, only the ballot question that receives the larger number of votes in favor
of the question shall take effect.
(c) In the event that neither the ballot question to include all of the area
within the boundaries of the town of Castle Rock in the district nor the ballot
question to exclude all of the area within the boundaries of the town of Castle Rock
from the district is approved by a majority of registered electors who voted in the
election, neither ballot question shall take effect and the boundaries of the district
shall continue to include the parts of the town of Castle Rock that were included in
the district before such election.
(5) In the event that the registered electors of the town of Castle Rock elect
to be included within or excluded from the boundaries of the district, the town of
Castle Rock shall grant the department of revenue any costs up to the amount of
seventeen thousand five hundred dollars it incurs in carrying out the requirements
of this section.
(6) Under no circumstance shall any moneys from the general fund be
appropriated to the department of revenue or any other department to cover the
costs incurred in carrying out the requirements of this section.