District Court, Grand County, Colorado Grand County Courthouse 307 Moffat Avenue Hot Sulphur Springs, CO 80451 Contestant: David P. Michel Contestee: Grand County Board of County Commissioners Attorney: Michel Law, Ltd. ACOURT USE ONLYA David P. Michel Address: PO Box 3228 Case No. Winter Park, CO 80482 Phone: (970) 509-9119 Division: E-mail: dmichel@igadiltd.com STATEMENT OF INTENT TO CONTEST GRAND COUNTY BALLOT QUESTIONS 1A AND 1B Contestor, David P. Michel (?Contestor?), represented by his attorney David P. Michel of Michel Law, Ltd, contests Grand County Ballot Questions 1A and 1B as follows: I. INTRODUCTION 1. Contestor seeks to contest the results of Grand County Ballot Questions 1A and 1B as the voters were misled by ?scal impact statements included in each ballot question by Grand County that were substantially and materially inaccurate based on the information and formula used to derive the estimated sales tax in each ballot question. 11. PARTIES 2. Contestor is, and at all times pertinent to this contest was a resident of and an eligible elector in Grand County, Colorado and did vote in the November 6, 2018 election. 3. Contestant resides at 105 Blue Sky Way, Winter Park, Colorado 80482. 4. Contestee Grand County Board of County Commissioners are the governing body of Grand County and are located at 300 Byers Avenue, Hots Sulphur Springs, Colorado 80451. JURISDICTION AND VENUE 5. This court has jurisdiction over the subject matter at issue because this is a contest over two ballot questions pursuant to C.R.S. l-l 1?212. 6. Venue in this court is proper pursuant to CRCP 98. 7. Voting on Grand County Ballot Questions 1A and 1B were voted on by the Grand County electors during the prescribed voting period, which concluded at 7:00 pm. on November 6,2018. 8. The results of the election on Grand County Ballot Questions 1A and 1B were certi?ed by the Grand County Clerk on November 8, 2018, a copy of the certi?cation is attached hereto as Exhibit 1. 9. This Contest has been timely filed within ten (10) days of the date the election was certi?ed pursuant to C.R.S. 10. Contestor will ?le a cash bond in the amount of $2,000.00 with the Court as required pursuant to C.R.S. 1-1 1-213(3) on December 3, 2018. IV. FACTUAL ALLEGATIONS A. Grand County Ballot Question 1A. 11. Grand County Ballot Question 1A was submitted to Grand County?s electorate on the ballot with the following Ballot Question: SHALL GRAND COUNTY INCREASE TAXES BY $310,000.00 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED THEREAFTER AS AUTHORIZED BY COLORADO REVISED STATUTES 29-2-115 THROUGH THE INIPOSITION OF AN ADDITIONAL SALES TAX OF COMNIENCING JANUARY 1, 2019, UPON ALL SALES OF RETAIL MARIIUANA AND RETAIL MARIJUANA PRODUCTS WITHIN GRAND COUNTY, WITH SUCH REVENUES TO BE DEPOSITED INTO THE GENERAL FUND AND THE ROAD AND BRIDGE FUND AND BE USED AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO TO FUND PUBLIC SAFETY, ROAD CONSTRUCTION, GENERAL GOVERNMENT PURPOSES, AND ANY OTHER LAWFUL PURPOSE, AND SHALL SUCH EARNINGS THEREON BE COLLECTED, RETAINED, AND EXPENDED AS A APPROVED REVENUE CHANGE WITHOUT LIMITATION OR CONDITION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER YES NO a copy of Grand County Resolution No. 2018?8-21 recorded at Reception No. 2018006967 in the of?ce of the Grand County Clerk and recorder is attached hereto as Exhibit B. 12. The Resolution contained in Exhibit acknowledges that Grand County may not collect the special sales tax on the sale of retail1 marijuana and retail marijuana products within municipalities who have a similar sales tax on retail marijuana unless it enters into an intergovernmental agreement with that municipality. See Exhibit in the recitals. This is consistent with the state statute authorizing counties to collect a special sales tax on retail marijuana and retail marijuana products. See C.R.S. (5). 13. The municipality of Fraser is located within Grand County and it charges a special sales tax of ?ve percent on the sale of retail marijuana within Fraser?s town limits. See Fraser Municipal Code 6-7-50 (the Fraser tax is listed in the Code as an excise tax, but it is a sales tax as contemplated by C.R.S. 29-2-115, rather than an excise tax as contemplated in C.R.S. 29~ 2?114 in that it is imposed on sales from retail marijuana stores rather than the first transfer of unprocessed retail marijuana cultivated by retail marijuana cultivators). 14. There are currently two retail marijuana stores operating in the Town of Fraser, and Grand County does not have an intergovernmental agreement with the Town of Fraser to collect the sales tax derived from sales of retail marijuana and retail marijuana products within the Town of Fraser. 15. The Grand County Board of County Commissioners submitted to its designated election official ?scal information that stated that taxes would be increased by $310,000.00 in ?scal year 2019 meaning that the special sales tax would increase the County?s revenue by said amount 16. Despite stating otherwise in the Grand County Board of County Commissioners meeting on October 9, 2018, Curtis Lange, the County Finance Director who calculated the revenue to be collected by the County listed in Ballot Question 1A, used revenue collected from retail marijuana stores that are located within the city limits of Fraser, Colorado to make his calculation of $310,000.00 expected revenue to be derived from the special sales tax on retail marijuana and retail marijuana products sold in unincorporated Grand County. 17. In order to calculate the amount that would be collected Curtis Lange, the County Finance Director used the following formula according to an interview he gave with the Winter Park Times published on pages 2?3 of its October 11, 2018 editionzz a. Mr. Lange determined that the amount of sales for retail marijuana and marijuana products in Grand County in May of 2017 was $222,219.00, which represented 5% 1 The term ?retail? as used in the marijuana industry and as used in all laws and regulations that apply to the marijuana industry is synonymous with the commonly used ?recreational? marijuana as opposed to ?medical? marijuana. See C.R.S. 12433?10305), (16), (18), (19), (20). 2 See 3 of the total annual retail marijuana sales in Grand County in 2017, which he claims were $4,210,805.00 according to a state report. b. Mr. Lange then took the May 2018 sales in Grand County, which he claims were $309,809.00 according to a state report, and projected annual sales of $6.2 million in Grand County in 2019. c. 5% of $6.2 million is $310,000.00. 18. The revenue numbers calculated by Mr. Lange set forth in paragraph 15 above include all sales in Grand County, including those that occurred within the Town of Fraser, even though those sales of retail marijuana and retail marijuana products would not be subject to the special sales tax that was the subject of Grand County Ballot Question 1A. 19. Furthermore, Mr. Lange determined that, in his opinion, it would cost the County $30,000.00 to collect the sales and excise taxes as the County is required to collect it, which ?scal analysis was not included in the ?scal impact analysis disclosed to voters in Grand County Ballot Question 1A. See Winter Park Times October 11, 2018 edition, pgs. 2-3; of C.R.S. 29? 20. Additionally, the retailer would be allowed to retain 3 1/3% of the total tax collected to cover their own administrative cost of collecting and remitting the retail tax, which expense was not disclosed to the electorate or deducted from Mr. Lange?s estimate of revenue. See Exhibit at paragraph 10. 21. For the foregoing reasons, Mr. Lange?s calculation of the ?scal impact in calendar year 2019 of the excise tax proposed in Grand County Ballot Question 1A was materially and substantially inaccurate and therebfore misleading to the electors of Grand County. B. Grand County Ballot Question JB. 22. Grand County Ballot Question 1B was submitted to Grand County?s electorate on the ballot with the following Ballot Question: SHALL GRAND COUNTY, COMMENCING JANUARY 1, 2019, INCREASE TAXES BY $155,000.00 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS ARE RAISED THEREAFTER AS AUTHORIZED BY COLORADO REVISED STATUTES 29~2~l 14 THROUGH THE IMPOSITION OF AN EXCISE TAX OF 5% OF THE AVERAGE MARKET RATE, AS DETERIVIINED BY THE COLORADO DEPARTMENT OF REVENUE, ON THE FIRST SALE OR TRANSFER OF UNPROCESSED RETAIL MARIJUANA BY A RETAIL MARIJUANA CULTIVATION FACILITY LOCATED WITHIN UNINCORPORATED GRAND COUNTY, WITH SUCH REVENUES TO BE DEPOSITED INTO THE GENERAL FUND AND THE ROAD AND BRIDGE FUND AND BE USED AS DETERMINED BY THE BOARD OF COUNTY COMIVIISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO TO FUND PUBLIC SAFETY, ROAD CONSTRUCTION, 4 GENERAL GOVERNMENT PURPOSES, AND ANY OTHER LAWFUL AND SHALL SUCH EARNINGS THEREON BE COLLECTED, RETAINED, AND EXPENDED AS A REVENUE CHANGE WITHOUT LIMITATION OR CONDITION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER YES NO a copy of Grand County Resolution No. 2018?8-22 recorded at Reception No. 2018006968 in the of?ce of the Grand County Clerk and recorder is attached hereto as Exhibit C. 23. The Resolution contained in Exhibit states that the excise tax will be ?on the ?rst sale or transfer of the Unprocessed Retail Marijuana by a retail marijuana cultivation facility located within unincorporated Grand County.? See Exhibit at paragraph 3; see also Id. at paragraph 8. 24. There is only one retail cultivation in Grand County, IgadI, Ltd, and there are no other retail cultivation licenses proposed in Grand County that could potentially produce more marijuana that would be subj ect to the tax in 2019. 25. Furthermore, none of the municipalities in Grand County currently allow the cultivation of retail marijuana. See municipal codes for Winter Park, Fraser, Granby, Grand Lake, and Kremmling. 26. The Grand County Board of County Commissioners submitted to its designated election of?cial ?scal information that stated that taxes would be increased by $155,000.00 in ?scal year 2019 meaning that the excise tax would increase the County?s revenue by said amount 27. In order to calculate the amount that would be collected Curtis Lange, the County Finance Director used the following formula according to an interview he gave with the Winter Park Times published on page 2?3 of its October 11, 2018 edition: a. Mr. Lange determined that that marijuana retailers would use a 100% markup on marijuana they Wholesaled into their stores, explaining that the wholesale amount is what is taxed by the excise tax. b. Mr. Lange took the average sales that he calculated of $6.2 million and took half that amount as the Wholesale price of marijuana paid by retailers, which would equal $3.1 million in the amount Mr. Lange believed would be the basis of the 5% excise tax. 0. A 5% excise tax, according to Mr. Lange, on the $3.1 million Wholesaled into Grand County retailers would be equal to $155,000.00, which is exactly half of what he estimated would be the amount collected from the special sales tax. 28. The excise tax is solely on marijuana cultivated in Grand County and transferred from the retail marijuana cultivator, not on amounts that are wholesaled in by retail marijuana stores. See Exhibit at paragraphs 3,4 8; cf C.R.S. 29. The excise tax is imposed on the retail marijuana cultivator on either the sales price of raw, unprocessed marijuana by looking at the contract rate between third parties or by applying a market rate set by the state every six months for internal transfers from a company that holds retail cultivation licenses and either a retail dispensary licenses, a retail marijuana infused products license, or both. See Exhibit at paragraphs 2, 3, 4; cf C.R.S. 30. Using the market rate the state had in place at the time that Mr. Lange made his calculations and lgadl, Ltd?s 2017 production and transfer levels, which were exclusively to its own retail marijuana stores and retail marijuana infused product licenses, the amount of taxes that would have been collected from Igadl, Ltd. had the excise tax proposed in Ballot Question lB been in place would have been approximately $34,272.00, which is significantly less than the $155,000.00 estimated by Grand County. 31. Furthermore, Mr. Lange determined that, in his opinion, it would cost the County $30,000.00 to collect the sales and excise taxes as the County is required to collect it from the retail marijuana cultivator, which ?scal analysis was not included in the fiscal impact analysis disclosed to voters in Grand County Ballot Question 1B. See Winter Park Times October 1 1, 2018 edition, pgs. 2-3; cf C.R.S. 32. The County did not understand how the excise tax functioned when it proposed the tax to the electorate of Grand County as is evidenced by Mr. Lange?s formula to calculate the proposed revenue the County would receive from the tax by using the amount of marijuana wholesaled in by retail marijuana stores countywide as the basis of the tax rather than the amount produced by retail cultivators countywide. 33. For the foregoing reasons, Mr. Lange?s calculation of the ?scal impact in calendar year 2019 of the excise tax proposed in Grand County Ballot Question 1B was materially and substantially inaccurate and thereby misleading to the electors of Grand County. V. STATEMENT OF INTENT TO CONTEST GRAND COUNTY BALLOT QUESTION 1A. 34. Contestor incorporates by reference each of the above allegations as if fully set forth herein. 35. The Resolution contained in Exhibit states as follows: ?The elections shall be held and conducted and results thereof shall be determined, so far as practicable, in conformity with the provisions of the Colorado Uniform Election Code of 1992 as set forth in Articles 1 through 13, inclusive, of Title 1, See Exhibit at paragraph 15 see also C.R.S. 29?2? 115(1)(b), (5) (requiring a vote of the electors of Grand County to impose the proposed special sales tax). 36. Included in Articles 1 13, Title 1, C.R.S. is the requirement that: governing body submitting a referred measure, or its designee, shall be responsible for providing to its designated election of?cial the ?scal information that must be included in the ballot issue notice. For political subdivisions, the governing body shall be the board that authorized submission of the ballot issue tothe electorate.? See C.R.S. 1-7-902. 37. ?If the ?scal impact statement used in a ballot question is without adequate basis than it is misleading to the voters.? In re An Initiated Constitutional Amendment etc, 199 Colo. 409, 410?11 (1980). 38. The fiscal impact statement used by Grand County in Ballot Question 1A submitted to the electors of Grand County was without adequate basis as it calculated the estimated revenue to be derived from the special sales tax that would be collected from sales of retail marijuana and retail marijuana products within the municipality of Fraser, which sales would not be subject to the tax as set forth in the resolution contained in Exhibit and pursuant to C.R.S. 29-2-15. 39. The fiscal impact statement used by Grand County in Ballot Question 1A submitted to the electorate of Grand County was without adequate basis as it neglected to account for the county?s costs of administrating the special sales tax and the amount that would be retained by the retail marijuana stores for remitting the tax. 40. The fiscal impact statement was materially and substantially inaccurate and misleading to the voters of Grand County. WHEREFORE, Contestor requests the court overturn the special sales tax approved by the Grand County Electors in Grand County Ballot Question 1A because said ballot question was misleading to the electors by failing to accurately state the fiscal impact of the special sales tax for calendar year 2019. VI. STATEMENT OF INTENT CONTEST GRAND COUNTY BALLOT QUESTION 1B. 41. Contestor incorporates by reference each of the above allegations as if fully set forth herein. . 42. The Resolution contained in Exhibit states as follows: ?The elections shall be held and conducted and results thereof shall be determined, so far as practicable, in conformity with the provisions of the Colorado Uniform Election Code of 1992 as set forth in Articles 1 through 13, inclusive, of Title 1, See also C.R.S. (5) (requiring a vote of the electors of Grand County to impose the proposed special sales tax). 43. Included in Articles 1 13, Title 1, C.R.S. is the requirement that: governing body submitting a referred measure, or its designee, shall be responsible for providing to its designated election of?cial the ?scal information that must be included in the ballot issue notice. For political subdivisions, the governing body shall be the board that authorized submission of the ballot issue to the electorate.? C.R.S. 1-7-902. 44. ?If the ?scal impact statement used in a ballot question is without adequate basis than it is misleading to the voters.? In re An Initiated Constitutional Amendment etc. 199 Colo. 409, 410-11 (1980). 45. The ?scal impact statement used by Grand County in Ballot Question 1B submitted to Grand County was without adequate basis as it derived the estimated revenue from the amount of marijuana sold in Grand County by retail marijuana stores countywide as the basis of the tax rather than the amount produced by retail cultivators countywide. WHEREFORE, Contestor requests the court overturn the excise tax approved by the Grand County Electors in Grand County Ballot Question 1A because said ballot question was misleading to the electors by failing to accurately state the ?scal impact of the excise tax for calendar year 2019. VII. REQUEST FOR INJUNCTIVE RELIEF. 46. Contestor incorporates by reference each of the above allegations as if fully set forth herein. 47. If the County begins to impose the special sales tax set forth in Grand County Ballot Question 1A, it will be virtually impossible to identify all of the customers of the retail marijuana stores who paid the tax if the tax is overturned. 48. If the County begins to impose the excise tax, the retail cultivators will be harmed by having to pay a tax that is overturned. 49. Contestor has deposited a bond in the amount of $2,000.00 with the Court. WHEREFORE, Contestor requests that the court enjoin the County from the collection of the special sales tax proposed in Grand County Ballot Question 1A and the excise tax proposed in Grand County Ballot Question 1B until the Court has had the opportunity pursuant to C.R.S. 1? 11-213 to adjudicate the contest set forth herein. DATED this 30?} day of November, 2018. Michel Law, Ltd. Original Signature is onfile with Michel Law-it, LLC By: David P. Michel, Attorneys for Contestor Address of Contestor: 105 Blue Sky Way Winter Park, CO 80482 Veri?cation STATE OF COLORADO s.s. COUNTY OF GRAND 1, David P. Michel, do hereby state that have reviewed the foregoing Statement of Intent to Contest Grand County Ballot Questions 1A and IB and that the statements set forth therein are true and correct to the best of my knowledge, informan, and/or belief. 5/ a David P. Michel Subscribed and sworn to before me on this 30th day of November, 2018, by David P. Michel. Witness my hand and seal. rt gr er Notary Public My commission expiresSANDRA WALKER Notary Public State of Colorado Notary ID #19894018424 My Commission Expires 12-28-2021 . �� C0() 4" . . �� �o✓ ,:. , ... ...,.,.. �-1-_��o . GRAND COUNTY CLERK AND RECORDER STATE OF COLORADO COUNTY OF GRAND ) ss. CERTIFICATION OF ELECTION ) l, Sara L. Rosene, the Grand County Clerk and Recorder, do hereby certify the Official Abstract of Votes Cast attached herein for the2018 Geoeral Election he-ld in Grand County on die 6th day ofNovember, 2018. We the undersigned Canvass Board for the 2018 General Election, do hereby certify that: - We havi, reviewed the Post-Election Manual Random Audit We have reviewed all ballotfonns and ballot logs associated with this election We have compared the number of ballots counted to the number of ballots cast We have reviewed and do hereby certify the results in the Official Abstract of Votes Cast Witness our hands and seal d1is2 I" day ofNovember 20l8_ iL... , . 1ft 1• _ '- S'ara'L. Rosene, County Clerk and Recorder (,c.� �a=l Carl Wood, Republican Canvass Board Member ., •·r· - -(L".:. Vesta L. Shapiro, Democratic Canvass Board Member Local Jurisdictions (did not witness the RLA but did review results): 111 ,�. \ Ulr1 .i nianne Meier, Town ofGranby Canvass Board Member 1 �� Schelly K. Olson�Grand Fire Protection District No. I Canvass Board Member J l J /-;,'{__ ('' I J .-, .___. � Sheva Brown, Grand Lake Fire Protection District Canvass Board 7ember SOS R�vised I 0/27/ I 0 325 2031325 Precinct 00?- Representative to the Ham United States Gangress - District 2 for Barrie ick Thomas Keuln in Uncle-Notes uervotes Governor for One Pair Polls I Dianna Primavara Slaplelon Bias 5 Baden stab ndenroles 1325 005 1325 Abstract of Election November 6, 2018 General Election Grand County, Colorado 2031325 2051325 1325 1325 005 008 21181325 2051325 2031325 010 011 012 Grand Fire Property' Owner Abstract of Election November 6, 2018 General Election Grand County, Colorado Grand Fire Grand Lake 325 2081325 325 2081325 325 2081325 325 325 2031325 2051325 2031325 Properly Fire Property Precirl [111 {112 Owner olal reasurer Vote for One Gerald F. otal for One Phil Weiser Brauchler F. Robinson I Notes ota! Stale Board of Education Congressional District for One Dial agent of [he University of - At Large for One Smiih tera ames K. Treibert 2GB1325 1325 1325 D?'l Representative - 1 3 for One KB. Becker Undervotes Due Notes Dial Grand County Commissioner - Distn? at 3 for One Kristen Man ndewotes and County Clerk and for One L. Resene r1 Notes Total Grand County Treasurer Vote for One Christina Undewotes Total tor One om Undervoles 2'031325 [104 Abstract of Election November 5, 2018 - General Election Grand County, Colorado 1325 2081325 2031325 1325 Preolnot um ounly Sheriff for One Undewotes 195 Vole [or One Mane Luttrell Overvotes Total for Elna Undervoles olorado Supreme Court usiice Richard L. Gabriel Yes or No BS Undervotes Good of Appeals udge John Danie! Bailey Yes or No 35 21181325 DIEM Abstract of Election November 6, 2018 - General Election Grand County, Colorado 2031325 1325 325 2081325 {106 W9 1 1325 2031325 2 rand Fire Owner Grand Lake Fire Owner Total Abstract of Election November 6, 2018 - General Election Grand County, Colorado Grand Flre Grand Lake 1325 21381325 2081325 1325 2081325 081325 1325 1325 1325 1325 1325 1325 Property Flre Properly (103 1305 10 1?1 12 Owner Dimer olal Colorado Court of Appeals Judge Rebecca Rankin Freyre lii'ote Yes or No Yes No Undenrotes DUEWOIES Colorado Court of udge Elizabeth L. Hams Yes or No es Dvewotes oial Colorado Court of Appeals David J. Richman Yes or No es emotes Notes Judicial Dietrict Judge ichael A. O'Hara Yes or No BS 1325 2051325 1325 Precinct W2 rand County Court Judge Catamarita Vote 'Yes or No as No awotaa Dvanrotes otal mandmeni {Con stitutional} YasIFor or as or ainsl Ova-motes ant [Constitulionah Yaerar or as I For Notes a otal natitutional) Yeeror or ainst as I For I inst olal 1325 1325 Abstract of Election November 5, 2018 - General Election Grand County, Colorado 1325 1325 1325 01!] 011 325 12 1325 Grand Fire Propertyr Owner Lake Flre otal 325 2081325 Precin at 003 (Constitutional) Yeleor or Nox'Against as inst Undewotes Overvotes Constitutional) YestFor or NorAgatnst BS Undewotes Notes olal A Yaeror or as For "151 ndarvotes 73 Yeeror or as For 1325 2081325 ODE- Ahstract of Election November 6, 2018 - General Election Grand County, Colorado 325 2081325 1325 1325 DUB 00? 2031325 2051325 2081325 010 1 012 Grand Fire Property nd Lake Properly Ola] 325 2051325 002 74 Vole YesiFor or Nomgalnst Yes For Uncle-Notes '35 (Constitutional) Yooi'For or Nongainst as or i ndowotes Proposition 1139 {Statutory} YesfFor or as Noi otal 1 1D Statutory} YesfFor or as i 1325 Abstract of Election November 6, 2013 - General Election Grand County, Coiorado 1325 1325 2051325 2081325 009 1D 1325 2081325 11 12 1325 Fire Grand Lake Fire Property Total 2031325 Precinct 1 Proposition 111 Yeeror or as No otal Preposillon 112 (Statutory) Yaeror or as For No! oial rand County Issue 1A Yeeror or as at olal County allot Issue 15 Yeeror or as or 0 not ndenrotes otal 325 Abstract of Election November 5, 2018 - General Election Grand County, Colorado Fire 325 2051325 2081325 1325 1325 Property 008 12 War Lake Owner Total 325 Precinct County Issue 10 Yelenr or as or No I has Overvotes otal own of Granny Question 2A ale YesIFor or Yes For emotes Duervotes otal own of Hot Sulphur Springs Ballot Issue EB YesIFor or NoIAgainsl as or No i not Undewotes otal own of Hot Sulphur Springs Question 23 Yeleor or NotAgainsl ea or I 2081325 004 Abstract of Eiection November 6, 2018 - General Election Grand County, Colorado 2031325 005 2081325 325 2?81325 D11 2 325 Fire nd Lake Flre Property otal Abstract of Election November 6, 2018 - General Election Grand County, Colorado Grand Fire Grand Lake 1325 2031325 2081325 325 325 2081325 1325 325 Property Fire Property 002 005 IU 011 12 Owner otal Fire Protection District No. 1 Ballot Issue 6A Vote YostFor or HoMgainst ES Undewoles Lake Fire Protection istn?ot Issue 63 YestFor or es! For No I Notes oial Precinct Voters Voters Property Owners Grand Fire Protection District No. 1 Grand Lake Fire Protection District Signature Discrepancies Total Missing Signature 12 Discrepenl 39 Total 51 Provisional Ballots Accepted Rejected 7?47 110 4 5 Abstract of Election November 6, 2018 - General Election Grand County, Colorado Grand Lake 1325 2031325 325 2081325 2031325 1325 1325 1325 325 1325 1325 Fire Property' 005 7 010 011 12 Owner Dwner 1 1 731 1029 995 736 529 923 11 Number of Voters who returned ballots: 55 Number of Voters who returned ballots: 1?l} {One Grand County Voter is registered to Vote at an address located in both ?re districts The voter was issued a Grand County Ballot with the Grand Fire Protection District No. 1 question and a property owner ballot from Grand Lake Fire Protection District. This Was done to protect the secrecy of his ballot- Cured Rejected 5 1 1 28 1E- 35 RWC RID oial 107133 1447 21 55 311 "f Of?cial General Election Ballot for All voters receive Grand County, Colorado Card ?1 both sides Tuesday, November on, 2018 How to vote ltyou make a mistake 'onal mite-ordee dittne entire name tn . ?ll the oval in the tell at - blue or bladt lhIr that you marked by mistake the l.lrords I Completely ?ll the oval to lhe hell of Completer ll" another oval in the lift 0 Then legiblv print the name of an your choice of the correct choice eligible Mlle-in candidate on the line a Do or charcoal than indicated foroad'l ballot contest I Do out metallic: - Donut sign or initial your ballotor mlstakes - You don't hovelovoteln everyraoeoroonest rm tamammtammo Federal Of?ces State Colorado Court of Appeals Judge Representative to the 116th United Regent ol the University of Colorado - Shall John Daniel Dalila! 0* States Congress - District 2 At Large the Colorado Court of Appeals be {we lot We} Note b, the) retained In of?ce? 0 Joe Mention Lottie? Smith 0 Yes No C) Ken Montara Shall Judge Rebeooa Rankin Freyre dream . mo of the Colorado Court of Appeals be 0 Peter?r'u retained in of?ce? James K. Trained ?nger Bam?s State Representative- District 13 0 YES ?9 Walla for One} snarl Judge Elizabeth L. Harris of the . ml - - we: Colorado Court of Appeals be Cl minomaimmw ?em retained in of?ce? moo-i drum 0 KC. Becker I - Yes C) No Writed'n CountyI Commissioner - District 3 Shall Judge David J. Rlohrnan of the . Colorado Court of Appeals be tor 0n Slate was We 93' retahted in of?ce? Cove-marl Lieutenant Governor 0 William {Votalor?nePair} I Kristen Manguso mm Yes No Jared Polisr County Clerlr and Recorder District Court Judge - 14th Judicial Dianne deavera 'nrnteretone} District 0 WalkerlStapletonl' 0 Sara Rosana snail Judge Michael n, O'Hara ill of Lane Eras Mam Wm time. the 14th Judicial District be retained . in of?ce? 0 Bil County Treasurer Eric Bodenatah W018 for One} Yes No Scott Halter! I 0 Christina ll't'hilrner County Court Judge- Grand Mid-role Poaguo . lCou nty Aeoessor Ilzihall Judge Nicholas Catanzante of me?x?ne) the Grand County Court be retained Cemetery of State in of?ce? {Vole foane} c: Torn Wevder't C) Wayne variants 'County Sheriff Ct Yes No a masters am new C) Amanda Campbell ?mm 0 Brad Sohroeilin Ballot reliag?g? 51)erttae?tlaanaral C) Blake Huber wow 'County Surveyor E?m the er 'ares ?esta?? ingot?? State Treasurer hm ml one) anger: Iin Chaim?? engage: Wolsior?ne} 0 Warren ode lived EB ?illegib?leli?u?teaile ?oettised Brien Watson mm C) Jeanette Man's Lutlretl dealing; irate favor g1: mail lieourrenl t' Dave Young County Coroner :mle?gg?n ?gigging" Gerald F. Kilpatriolt mm ?waterline Attomev General I Cl Brenda Book State Measures Wml?o'?l Judicial Retention Questions C) Phil Weisar [Vote "Tea or No) Shall there be an amendment to the Colorado constitution concerning a 0 George Brandtlar Colorado Supreme Court Justloe reductlon in the age quali?cation tor - . . a member of the general assemny William F. Roolnson Ill .Shatl Justice Richard Gabriel of from Mentyu?ve years to Monty-one the Colorado Supreme Court be Congressional Dismal 2 Cl YesiFor Noldgainst l'l'mlu'cnil v.35 C) Johnny Ban-err nee-m Shall there be an amendmentto the A ll: 5 and Colorado constitution concerning a host a t: or ?Mi? change in the format otthe election SAM PILE ballot for judicial retention elections? . YeletJr C) 0 This ballot may consist of multiple pages. Please review and vote Both sides of all pages. State Measures Amendment I Shall there be an amendment to the Colorado constitution concerning changing the industrial hemp de?nition from a de?nition to a statutory de?nition'iI CI Yeleor if; NolAgalnsl State Measures Amendment: Shall there be an amendment to the Colorado constitution concerning a change to the manner in which state senate and state house of representatives districts are drawn. and. in connection therewith. reforming the existing legislative rea pportionrnent commission by Amendment Shall there be an amendment to the Colorado constitution oonoeming a change to the way that congressional districts are drawn, and. in connection therewith. taking the duty to draw congressional districts away from the state legislature and giving -it to an independent commission. composed of twelve citizens who possess speci?ed quali?cations: prohibiting any one political party?s .control of the commission by requiring that one-third of commissioners will not be af?liated with any political party. onethird of the commissioners will be af?liated :with the state?s largest political party. and one-third of the commissioners 'will be a?iliated with the state's lsecond largest political party: lprohibiting certain persons. including professional lobbyists. federal campaign committee employees. and federal, state, and local elected of?cials. from serving on the commission: limiting judicial review of a map to a determination by the supreme court of whether the commission or its nonpartisan staff committed an abuse of discretion; requiring the commission to draw districts with a focus on communities of interest and political subdivisions, such as cities and counties. and then to maximize the number of competitive congressional seats to the extent possible; and prohibiting maps from being drawn to dilute the electoral in?uance of any racial or ethnic group or to protect any incumbent. any political candidate. or any political party? Ci Yes'For CI NciAgainst expanding the commission to twelve members and authorizing the appointmentof members who possess speci?ed quali?cations: prohibiting any one political party's control of the commission by requiring that one-third of commissioners will not be af?liated with any political party. one-third of the commissioners will be af?liated with the state?s largest political party. and one-third of the commissioners will be af?liated with the state's second largest political party; prohibiting certain persons. including professional lobbyists. federal campaign committee employees, and federal. state. and iocal elected .of?ciats, from serving on the .ccmmission: limiting judicial review of a map to a determination by the supreme court of whether the commission or its nonpartisan staff committed an abuse of discretion: 'Tequiring the commission to draw .state legislative districts using communities of interest as well as ?political subdivisions. such as cities and counties, and then to maximize ?the number of competitive state 'legislative seats to the extent possible; and prohibiting maps from being drawn to dilute the electoral in?uence of any racial or ethnic group or to protect any incumbent. any political candidate. or any political party? 0 Yeleor AmendmentA Shall there be an amendment to the Colorado constitution that prohibits slavery and involuntary servitude as punishment for a crime and thereby prohibits slavery and involuntary servitude in ail circumstances? 0 ?I'ea'Fcr C3 Wham C3 Nni?gantct 0 This ballot may consist of multiple pages. Please review and vote both sides ul'all pages. State Measures SHALL eE INCREA5EC ANNUALLY Bv AN AMENDMENT To THE coLoRADo CONSTITUTION AND A CHANCE To THE choRADo REvIseo STATUTES CGNCERNING FUN DING RELATING To PRESCHOOL HIGH sCHooL PUBLIC AND. IN CON AN EXCEPTION To THE RATE STATE TAN THAT Is DEDICATED To THE FUNDING oF PUBLIC sCHooLs; INCOME TAX RATEs INCREM Tnusrs. AND ESTATES USING FOUR TAN AT are, INC AeovE stations AND INCREASING To 3.52% IncoME more seconds: INCREASING THE TAX RATE B'r 1.37%; ms PURPOSES CF scncoL DISTRICT TAxes. REDUCING THE CURRENT Assessor ENT RATE OF 12% To rmt. AND THE NCNRESIGENTLAL .5ASSESSMENT RATE DF 29% To pas; THE THE INCOME TAN To BE IN DEDICATED PUBLIC FUND AND THE To BE RETAINED AND SPENT As THE LEGISLATURE To ANN THE FUND To sCHcoL To THRCUCH HIGH SCHOOL Pueuc EDUCATIDNAL cN AN aAsIs THR THE WITHCUT DECR EASING GENERAL FUND DIRECTING THE LEGISLATURE To ENACT. Review. AND REvIse WHEN NecessARv.A NEvv PUBLIC SCHOOL FINANCE LAW THAT MEETs SPECIFIED UNTIL THE HAs ENACTED A PUBLIC SCHOOL FINANCE LAW. THE MONEY IN THE FUND To BE SPECIFIED EDUCATION PURPcses; REDUIRING THE MONEY IN THE To BE USED To oNLv PUBLIC sot-IooLs; GENERAL PU BLIC ED To INCREASE av INFLATION. UP To AND THE DEPARTMENT OF ED To COMMISSION A STUDY DP THE USE DP THE MONEY IN THE FUND CI YesiFor fluihgairtsl Grand County. Colorado Tuesday. November GB. 2018 Of?cial General Election Ballot for ?axm All voters receive Card 2 both sides State Measures Ammdment Shall there be an amendment to the lColorado constitution requiring the ,govemrnent to award just Compansation to owners of private property when a government law or reg uiation reduces the fair market value of the property? State Measures Proposition 110 (STATUTORY) SHALL STATE TAXES BE INCREASED FOR A TWENTY-YEAR PERIOD, AND STATE DEBT SHALL BE INCREASED WITH A MAXIMUM REPAYMENTCOST OF 59.400.000.000, TO FOR STATE AND LOCAL Amendment 75 (CONSTHUTIONALJ Shall there be an amendment to the Colorado constitution providing that if any candidate in a primary or general election for state office directs more than one miliion dollars in Support of his or her own election. then every candidate for that of?ce In the Same election may accept ?ve times the amount of campaign contributions TRANSPORTATION PROJ ECTS. AND. IN CONNECTION THEREWITH. CHANGING THE COLORADO REVISED STATUTES TO: 1) INCREASE THE STATE SALES AND USE TAX RATE BY 0.62% BEGINNING JANUARY 1. 2019: REQUIRING 45% OF THE NEW REVENUE TO FUND STATE TRANSPORTATION SAFETY. MAINTENANCE. AND OP WITHOUT RAISING TAXES OR FEES. By A CHANCE TO THE COLORADO REVISED STATUTES REQUIRING .THE ISSUANCE OF TRANSPORTATION ANTICIPATION NOTES. AND. IN CONNECTION THEREWITH. NOTE PROCEEDS SHALL BE RETAINED AS A VOTER-APPROVED REVENUE CHANGE AND USED TO FUND SPECIFIED ROAD AND ERIDSE EIIPANSION. CONSTRUCTION. MAINTENANCE. AND REPAIR PROJECTS THROUGHOUT THE YesIFor NolAga'n?Isl Inorrnally CDNSESTIDN RELATED PROJECTS. 40% TO FUND . C: years? r3 wagging MUNICIPAL AND COUNTY .. TRANSPORTATION PROJ SETS. AND 15% TO FUND MULTIMODAL SHALL STATE DEST SE TRANSPORTATION PROJECTS. INCREASED WITH SIRE. PEDESTRIAN. A MAXIMUM AND TRANSIT a; AUTHORIZE THE ISSUANCE OF ADDITIONAL TRANSPORTATION RevENue ANTICIPATTDN NOTES FUND PRIORITY STATE TRANSPORTATION MAINTENANCE AND CONSTRUCTION PROJECTS. INCLUDING MULTIMODAL CAPITAL AND 3) PROVIDE THAT ALL REVENUE RESULTINC FROM THE TAX RATE INCREASE AND PROCEEDS PROM ISSUANCE OF Revenue ANTICIPATIDN NOTES VOTER-APPROVED Revenue .CHANSES EXEMPT FROM ANY .STATE OR LOCAL REVENUE. .SPENDINC. OR OTHER LIMITATIONSIN STONES Cr YesI'For Proposition 111 Shall there be an amendment to the Colorado Revised Statutes concerning limitations on payday lenders, and. in connotation therewith. reducing allowable charges on payday loans to an annual percentage rate of no more than thirty-six perCent? Yee?For NolAgaiItst Proposition 112 Shall there be a change to the Colorado Revised Statutes concerning a statewide minimum distance requirement for new oil and gas development. and. in Dunnection therewith. changing existing distance requirements to require that any new oil and gas development be located at least 2.500 feet trorn any structure Iintended for human occupancy and ;any other area designated by the measure. the state. or a local government and authorizing the state or a local government to increase the minimum distance requirement? CI YeaiFor C2 Humans?t County Measures iBrand County Batiot Issue SHALL GRAND COUNTY I INCREASE TAXES BY 331030030 IN THE FIRST FULL I FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED AS AUTHORIZED BY COLORADO REVISED STATUTES 29-2-1 15 THROUGH THE IMPOSITION OF AN ADDITIONAL SALES TAX OF COMMENCING JANUARY 1. 2019, UPON ALL SALES OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS WITHIN COUNTY. WITH SUCH IREVENUES TO BE DEPOSITED INTO THE GENERAL FUND AND THE ROAD AND BRIDGE FUND AND BE USED AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE OF GRAND. STATEOF COLORADO TO FUND PUBLIC SAFETY. ROAD CONSTRUCTION. GENERAL GOVERNMENT PURPOSES. AND ANY OTHER LAWFUL PURPOSE. AND SHALL SUCH EARNINGS THEREON BE COLLECTED. RETAINED. AND AS A REVENUE CHANGE WITHOUT LIMITATION OR CONDITION UNDER ARTICLE X. SECTION 20 OF THE COLORADO CONSTITUTION. OR ANY OTHER LAW C) Yesi'For C) NoIAga'Inst omit County Ballot Issue to SHALL GRAND COUNTY. COMMENCING JANUARY 1. 2D1S. INCREASE TAXES BY 515500030 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED THEREAFTER AS AUTHORIZED BY COLORADO REVISED STATUTES 29-2-1141 TH ROUGH THE IMPOSITION OF AN EXCISE TAX OF 5% OF THE AVERAGE MARKET RATE. AS DETERMINED BY THE COLORADO DEPARTMENT OF REVENUE, ON THE FIRST SALE OR TRANSFER OF UNPROCESSED RETAIL MARIJUANA BY A RETAIL MARIJUANA CULTIVATION LOCATED WITHIN UNINCORPORATED GRAND COUNTY. WITH SUCH REVENUES BE DEPOSITED INTO THE GENERAL FUND AND THE ROAD AND BRIDGE FUND AND BE USED AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND. STATE OF COLORADO TO FUND PUBLIC SAFETY. ROAD CONSTRUCTION. GENERAL GOVERNMENT PURPOSES. AND ANY OTHER LAWFUL FUR POSE: AND SHALL SUCH EARNINGS THEREON BE COLLECTED. RETAINED. AND EXPENDED AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION OR CONDITION UNDER ARTICLE X. SECTION 2B OF THE COLORADO CONSTITUTION. OR ANY OTHER YesiFor C) I'loI'Against 0 This ballot may consist at multiple pages. Please review and vote Itoth sides of all pages. Count}:r Measures Grand County Ballot attention Without increasing taxes shall the citizens of Grand County. Colorado, permit. but not obligate, the Board of County Commissioners of Grand County. Colorado to provide to potential subscribers, including telecommunications service providers. residential and commercial users within Grand Cou ntir1 all services restricted since 2005 by Title 29, Article 2? of the Colorado Revised Statutes including 'teleoomrnunicetion senrices". "cable television services? and "advanced services" which Is de?ned as high speed internet amass capability in excess of Mo hundred ?fty six kilobits per second both upstream and (known as "broadband? induding any new and Improved bandwidth sewices based on future technologies. utilizing any existing nebvork andior developing additional intrasb-uoture. either directly or with public or private sector partners? YeeiFor C) Mormons: 31d MEWS 0 This ballot may consist of multiple pages. Please reviewand vote both sides at all pages. County Ballot Deletion Without increasing taxes. shail the citizens of Grand County. Colorado. 'pennit, but not obligate. the Board of lCounty Commissioners of Grand County. Colorado. to provide to 'potenlial subscribers. including ,telecommunicalions service 'providers, residential and I 'oommercial users within Grand ,County. ail services restricted since icons by Title as. Article 2? of the Colorado Revised Statutes, including ?telecommunication services". "mole television services" and "advanced services" which is de?ned as high Speed internet aces-es capability in excess of two hundred ?fty six kilobiis per second both upstream and dowmtream [known as ?broadband") including any new and improved bandvn'dth services based Eon future technologies. utilizing any existing netvrorir andfor developing additional infrastructure, either directly or indirectly with public or private sector partners? CI YesiFor C) Noliigairst Town Measures Town of Granny Ballot Question 211 Shail the Town at Granny?s Regular Elections be moved from the ?rst ITuesday of April in each leVIs-mnumitered year to the Tuesday lsucoeeding the ?rst Monday of November in each even-numbered iyear? 31d] Voters in the Town of Granny receive additional Town of Granny Question 2A and Grand Fire Protection District No. 1 Ballot lssuo 6A Yes?For NclAgairsl Special District Measures Grand Fire Protection District No.1 Ballot Issue 5A SHALL GRAND FIRE PROTECTION DISTRICT No. 1 TAXES BE INCREASED BY $0.00 IN same, AND ONLY iF THE ASSESSMENT RATE DECREASES. THE DISTRICTS OPERATING MILL LEW RATE SE INCREASES FRCM THE CURRENT RATE CF 4.427 MILLS AND IADJUSTED ANNUALLY REMAINING 4.42? AND c.5oo MILLS. ITO CFFSET REVENUE Losses REFUNDS, ASATEMENTS. CHANGES IN THE LAW OR THE CALCULATING. THE RATIC CF VALUATICN FOR AND SHALL ALL DISTRICT REVENUES BE COLLECTED, RETAINED. AND SPENT NCTWITHSTAN DING ANV REVENUE LIMITS PROVIDED BY LAW Yeleor Nolngainst This ballot may consist of multiple pages. Please review and vote both sides ofall pages. County Measures Grand County Ballot Question 1t: Without increasing taxes. shall the [citizens of Grand County, Colorado, ,permit, but not obligate. the Board of County Cammisaioners of Grand County, Colorado. to provlde to Ipotential Subscribers, including Itetecommunications service lproviders. residential and lcommeroisl users within Grand ICounty. all services restricted since ZUDE by Title 29, Article 2? of the Colorado Revised Statutes, including (?telecommunication services". "able television services" and "advanced services" which is de?ned as high speed intemet access capability in {excess of two hundred ?fty six lrilobits per second both upstream land dowostream (known as l"broadband"} including any new and improved bandwidth services based .on future technologies. utilizing any network andior developing gadditional infrastructure, either :directly or indirectly with public or private sector partners? 0 YesiFor Nolngairct Town Measures 'Town 0er sulphur Springs Ballot Issue on WITHOUT CREATING ANY NEW TAXES CIR INCREASING ANY TAX RATE. FDR PROPERTY TAX REVENUE COLLECTED IN CALENDAR YEAR 2013 AND ALL FUTURE PROPERTY TAX REVENUE. SHALL THE TOWN OF HOT SULPHUR SPRINGS BE PERMITTED TO LEVY. RETAIN AND SPEND SUCH TOW REVENUES WITHOUT THE LIMITATIONS THAT WOULD OTHERWISE BE IMPOSED BY THE 5.5% LIMITATION UNDER CR5. SECTION 29?1?301? C) Yeeror NolAgainsl at Hot Sulphur Springs Ballot Emotion Shall the Town of Hot Sulphur regular elections be moved from the ?rst Tuesday of April in each even?numbered year to the Tuesday succeeding the ?rst Monday of November in each even?numbered year? c} mirror C: NdAgairot SAMRILIE Voters in the Town of Hot Sulphur Springs receive additional Ballot Issue 23 and Ballot Question 2C 0 This ballot may consist at multiple pages. Please review and vote both sides of all pages. Co easures Bounty Ballot Question 1D Without increasing taxes. shall the citizens of Grand County. Colorado, permit. but not obligate. the Board of County CommissiOners of Grand County. Colorado. to provide to potential subscribers. including telecommunications service providers. residential and Iwmmerclal users within Grand County. all services restricted since by Title 29. Article 27 of the Colorado Revised Statutes. including ?telecommunication services". "cable -television services" and "advanced :servioes" which Is de?ned as high speed internet access Inability in excess of two hundred fifty six kilobits per second both upstream and (known as "broadband"} including any new and improved bandwidth services based on future technologies. utilizing an}:r existing network andtor developing additional infrastructure. either directly or indirectly with public or private sector partners? C) Yee?For C) HoiAgainsl Special District Measures Grand Fire Proteution District No. 1 :Bailol issue EA. SHALL GRAND FIRE PROTECTION DISTRICT No. 1 TAXES BE INCREASED BY sons IN 2m 9. AND ONLY lF THE RESIDENTIAL ASSESSMENT RATE DECREASES. SHALL THE OPERATING MILL LEW RATE SE INCREASED FROM THE CURRENT RATE OF 4.427 MILLs AND THEREAFTER. REMAINING BETWEEN 4.42? AND ssoo MILLs. TO OFFSET Losses FROM REFUNDS. ASATEMENTS. AND CHANGES IN THE LAW REGARDING. OR THE METHODs CALCULATING. THE RATIO OF VALUATION FDR AND SHALL ALL DISTRICT IREVENUES RE COLLECTED. RETAINED. AND SPENT REVENUE LIMITs BY C) NeiAgainst El'ild WWS All Voters within Grand Fire Protection District No. 1 receive additional Issue 6A 0 This ballot may consist of multiple pages. Please reviewsnd vote both sides nfail pages. A County Measures Grand County Ballot Question '15 Without Increasing taxes, shall the citizens of Grand County. Colorado. permit. but not obligate, the Board of County Commissioners of Grand .Comty. 1::otorsdo1 to provide to potential subscribers. including telecommunications service providers, residential and commercial users within Grand County. all Services rest?cted since 2005 by Title 29. Article 2? of the Colorado Revised Statutes. Including 'teleoommunicelion services?, "cable television services" and "advanced services? which is de?ned as high speed intemet access capability In . excess of two hundred ?ity so: I kilobits per second both upstream and (Known as . "broadband?i including anyr new and improved bandwidth services based on future technologies utilizing any existing network andior developing ?edditional infrastructure, either ldiredly or indirectly with public or . private sector partners? I Yesi'For Special District Measures jGrand Lake Fire Protection Disin'cl: {Ballot issue EB .SHALL GRAND LAKE FIRE PROTECTION DISTRICT TAXES BE INCREASED (ZERO DOLLARS) IN COLLECTION YEAR 2018i: AND SHALL THE DISTRICTS OPERATING MILL LEW RATE OF 5.13 MILLS BE ADJUSTED ANNUALLY so THAT To THE EXTENT POSSIBLE, THE DISTRICTS NET TAX REVENUES SHALL NOT BE REDUCED BECAUSE OF REFUNDS. ABATEMENTS AND CHANGES IN THE RATIO OF VALUATION FOR ASSESSMENT FOR RESIDENTIAL REAL PROPERTY.THE REVENUE THEREFROM TO PAY FOR THE DISTRICTS GENERAL DPERATID NS AND CAPITAL EXPENSES RELATED TO FIRE PROTECTION. EMERGENCY MEDICAL AND RESCUE AND SHALL ALL DISTRICT REVENUES BE i RETAINED AND . NDTWITHSTANDINGANY REVENUE LIMITS PROVIDED BY Yeleor C) Mango-no EMWWS Voters in Grand Lake Fire Protection District receive additional Issue SB 0 This ballot may consist of multiple pages. Please reviewarld vats both sides of all pages. 2018006967, 08/30/2018 at 08:43:17 AM, 1 OF 7, Additional Names Fee: Doc Sara L. Rosene, Grand County Clerk and Recorder, Colorado STATE OF COLORADO 85. County of Grand At a regular meeting of the Board of County Commissioners for Grand County, Colorado, held at the Grand County Administration Building in Hot Sulphur Springs on Tuesday, the 21St day of August, 2018, there were present: Merrit Linke Commissioner Chairman Kristen Manguso . Commissioner Richard D. Cimino Commissioner Robert Franck County Attorney Lee A. Staab County Manager Sara L. Rosene . Clerk of the Board when the following proceedings, among others, were had and done, to wit: RESOLUTION NO. 2018-8-21 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO REFERRING TO THE REGISTERED ELECTORS OF GRAND COUNTY, COLORADO, A BALLOT QUESTION REGARDING WHETHER THE COUNTY MAY IMPOSE AN ADDITIONAL COUNTYWIDE SALES TAX ON ALL SALES OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS IN GRAND COUNTY WHEREAS, Article X, Section 20 of the Colorado Constitution requires any proposed increase in taxes to be approved by the voters; and WHEREAS, Article Section 16 of the Colorado Constitution and the Colorado Retail Marijuana Code, C.R.S. 12-43.4-101, et seq. authorizes the licensing and regulation of retail marijuana businesses and affords local government the option to determine whether or not to allow marijuana businesses within their respective jurisdictions, and to adopt licensing requirements that are supplemental to or more restrictive than the requirements set forth in state law and regulations; and WHEREAS, the Board of County Commissioners of the County of Grand, State of Colorado (the ?Board?) may adopt future ordinances and/or regulations allowing and establishing licensing requirements for marijuana businesses in Grand County; and WHEREAS, C.R.S. ?29-2?1 15 provides, county may levy, collect, and enforce a county special sales tax upon all sales of retail marijuana and retail marijuana products pursuant to this subsection (3) in the unincorporated areas of the county;? and WHEREAS, C.R.S. ?29-2-115 provides as follows: A county may levy, collect, and enforce a county special sales tax upon all sales of retail marijuana and retail marijuana products pursuant to this subsection (3) in the municipalities within the boundaries of the county, in whole or in part, that do not levy a municipal special sales tax on the sale of retail marijuana and retail marijuana products. The county may levy a special sales tax in a municipality pursuant to this subsection only until the municipality obtains voter approval to levy a municipal special sales tax on retail marijuana and retail marijuana products. If the municipality obtains such voter approval, the county special sales tax authorized by this subsection is invalid within the corporate limits of the municipality unless the county enters into an intergovernmental agreement with the municipality pursuant to subsection of this section that authorizes the county to continue to levy, collect, and enforce the special sales tax on retail marijuana and retail marijuana products within the corporate limits of the municipality. 2018006967, 08/30/2018 at 08:43:17 AM, 2 OF 7 Doc Code:RES,Sara L. Rosene, Grand County Clerk and Recorder, Colorado WHEREAS, C.R.S. ?29-2-115 provides as follows: A county may levy, collect, and enforce a county special sales tax upon all sales of retail marijuana and retail marijuana products pursuant to this subsection (3) in each municipality within the boundaries of the county, in whole or in part, that levies a municipal special sales tax on the sales of retail marijuana and retail marijuana products, if the governing body of the county and the governing body of the municipality enter into an intergovernmental agreement pertaining to the county's levy, collection, and enforcement of a county special sales tax upon all sales of all retail marijuana and retail marijuana products within the corporate limits of the municipality. An intergovernmental agreement pursuant to this subsection may include a provision for the apportionment of a speci?ed percentage of the gross county retail marijuana special sales tax revenue collected by the county to the municipality. WHEREAS, C.R.S. ?29-2-115 (2) provides that, for purposes of that section, "?special sales tax? means a sales tax imposed by a local government in addition to the general sales tax imposed pursuant to section 29-2-102 or section 29-2?103, as applicable, and in addition to the taxes imposed pursuant to articles 26 and 28.8 of title 39;? and WHEREAS, C.R.S. ?29-2-115 provides, in part, that ?No special sales tax shall be levied pursuant to this subsection (3) until the proposal has been referred to and approved by the eligible electors of the county. . and WHEREAS, the Board ?nds that the eligible voters of Grand County should be given the opportunity to determine whether Grand County should levy, collect and enforce an additional sales tax pursuant to C.R.S. ?29-2-115 at the next scheduled general election, with the revenues collected from such tax to be placed in the general fund and in the road and bridge fund and used for public safety, road construction, general government purposes, and any other lawful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO, THAT: 1. Purpose of this Resolution: The purpose of this Resolution is, upon the approval of a majority of the eligible electors voting on such Proposal at the November, 2018 General Election, to enact, and, therefore, levy and impose an additional countywide sales tax of ?ve percent upon the sale of "retail marijuana" and "retail marijuana products" as those products are de?ned in C.R.S. in accordance with the provision of Article 2 of Title 29, C.R.S., which provisions are incorporated herein by this reference. 2. Effective Date of Sales Tax Rate Increase: If approved by a majority of the eligible electors voting thereon at the November, 2018 General Election, the sales tax proposed in this Resolution and in the ballot issue shall become effective January 1, 2019. 3. Statutory De?nitions Incorporated/Speci?c De?nition of Countywide: The de?nitions of the words contained herein shall be as set forth in C.R.S. ??39-26-102, 39-26- 201, 39-26-701, and 12-43.4-103, which de?nitions are incorporated by reference into this Resolution as if fully set forth herein. The term, "countywide", as used in this Resolution includes all incorporated areas municipalities, including but not limited to all statutory cities and towns and all home rule cities and towns) and unincorporated areas within Grand County. 4. Property Taxed: Upon approval in the November, 2018 General Election, there shall be enacted and, therefore, levied and imposed and there shall be collected and paid, a countywide sales tax of ?ve percent on the gross receipts upon the sale of "retail marijuana" and "retail marijuana products" as those products are de?ned by C.R.S. 2018006967, 08/30/2018 at 08:43:17 AM, 3 OF 7 Doc Code:RES,Sara L. Rosene, Grand County Clerk and Recorder, Colorado 5. Adoption of State Rules and Regulations: The imposition of this tax on the sale of retail marijuana and retail marijuana products shall be in accordance with the rules and regulations of the Colorado Department of Revenue, and/or in accordance with any regulations of Grand County, which may be enacted by separate written resolution or ordinance. 6. Amounts Excluded: The amounts subject to tax shall not include the amount of any sales tax imposed by Article 26 of Title 39, C.R.S. 7. Exemptions: There shall be exempt from sales taxation under the provisions of this Resolution all of the tangible personal property and services which are exempt from County sales taxation under the State Statute, "Sales and Use Tax Exemptions", C.R.S. ?39- 26-701, et seq. 8. Acknowledgement of statutory exemptions: As the additional sales tax proposed by this Resolution applies only to retail marijuana and retail marijuana products and applies to no other tangible personal property, the exemptions for types of tangible personal property other than retail marijuana and retail marijuana products described in C.R.S. ?29-2-105 are not applicable to this additional sales tax proposal. It is speci?cally acknowledged that none of the tangible personal property covered by exemptions cited in C.R.S. ?29-2-105 shall be taxed by the additional sales tax proposed in this Resolution. 9. Place of Sale: For purposes of this Resolution, all sales of retail marijuana and all sales of retail marijuana products shall be considered consummated at the place of business of the retailer, unless the retail marijuana or retail marijuana product sold is delivered by the retailer or his agent to a destination outside the limits of the County or to a common carrier for delivery to a destination outside the limits of the County. The gross receipts from such sales shall include delivery charges when such charges are subject to the state sales and use tax imposed by article 26 of title 39, C.R.S., regardless of the place to which delivery is made. If a retailer has no permanent place of business in the County, or has more than one place of business, the place or places at which the retail sales are consummated for the purpose of the sales tax imposed by this Resolution shall be determined by the provisions of Article 26, of Title 39, C.R.S., and by the rules and regulations promulgated by the Colorado Department of Revenue. 10. Sales Tax Vendor's Fees: As collection agent for Grand County, the vendor shall be entitled to withhold an amount equal to 3 1/3% of the total amount to be remitted by vendor to the Grand County Treasurer each month to cover vendor's expense in the collection and remittance of said County sales tax on sales of retail marijuana and retail marijuana products. If any vendor is delinquent in remitting said tax, other than in unusual circumstances shown to the satisfaction of the Grand County Treasurer, the vendor shall not be allowed to retain any amounts to cover his or her expenses in collecting and remitting said tax, and an amount equivalent to the full ?ve percent shall be remitted to the Grand County Treasurer by any such delinquent vendor. If any vendor, during any reporting period, shall collect as a tax an amount in excess of ?ve percent of the total taxable sales, he or she shall remit to the Grand County Treasurer the full amount of the tax herein imposed and any such excess so collected. 11. Collection Administration and Enforcement: The collection, administration and enforcement of the sales tax on sales of retail marijuana and retail marijuana products imposed by this Resolution shall be performed by the employees of Grand County pursuant to regulations regarding collection, administration and enforcement of this additional sales tax on retail marijuana and retail marijuana products to be passed by the Grand County Board of County Commissioners prior to January 30, 2019. If the sales tax increase proposed by this Resolution is approved by the electorate at the General Election in November, 2018, the County Clerk and Recorder, shall send notice 2018006967, 08/30/2018 at 08:43:17 AM, 4 OF 7 Doc Code:RES,Sara L. Rosene, Grand County Clerk and Recorder, Colorado of said adoption to the Executive Director of the Department of Revenue. Such notice shall include: a. A copy of this Resolution, certi?ed by the Clerk and Recorder; b. Proofs of Publication of this Resolution, as provided herein; and c. An abstract of election results, certi?ed as to the approval of the sales tax by a majority of the registered, quali?ed electors of Grand County voting thereon. 12. Distribution of Tax Revenues: In order to carry out the purposes expressed in this Resolution and in the proposed ballot issue, and pursuant to C.R.S. Grand County shall retain all revenue generated by the additional sales tax imposed by this Resolution for the purposes described in paragraph 13 below and there shall be no distribution of revenues generated by this additional sales tax to any incorporated town within Grand County. 13. Use by County: The Board shall direct the utilization of the revenues of the additional sales tax on retail marijuana and retail marijuana products proposed by this Resolution solely as described in the ballot measure referred to the voters of Grand County by this Resolution. Effective January 1, 2019, the County shall expend all revenue generated from the Marijuana Excise Tax for the purposes listed on the ballot language in the attached Exhibit A of this Resolution and for no other purposes. Revenue generated from the Marijuana Excise Tax shall be used as follows: Public safety, road construction, general government purposes, and any other lawful purpose. 14. Submission to Electors: Pursuant to C.R.S. this sales tax increase proposal as set forth in this Resolution shall be referred to the eligible electors of Grand County at the General Election to be held Tuesday, November 6, 2018, and being referred to herein as the November, 2018 General Election. The ballot issue to be submitted to the eligible electors shall be substantially as set forth on the attached Exhibit A, which Exhibit A is incorporated by reference into this Resolution as if fully set forth herein. 15. Publication of Resolution: The County Clerk and Recorder is hereby authorized and directed to publish the text of this proposal for a sales tax increase four separate times, a week apart, in the Middle Park_Times, a newspaper circulated in Grand County and in each incorporated town within the County. l6. Conduct of the Election: The election shall be held and conducted and the results thereof shall be determined, so far as practicable, in conformity with the provisions of the Colorado Uniform Election Code of 1992 as set forth in Articles 1 through 13, inclusive, ofTitle 1, C.R.S. 17. Ballot Title: For purposes of C.R.S. the ballot title for the ballot issue contained in Exhibit A attached to this Resolution is hereby determined to be the text of the ballot issue itself set forth in the attached Exhibit A. 18. Authority to Effect Resolution: The of?cers, employees and agents of the County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution in accordance with Colorado law. 19. Effective Date- Applicability: Upon approval at the November, 2018 General Election, this Proposal shall become effective and in force immediately, subject to the terms and conditions as set forth in this Resolution, and shall remain effective unless otherwise repealed according to Colorado law; provided, however, that the provisions of this Resolution calling for an election on the ballot issue set forth in Exhibit A shall take effect immediately upon the passage of the Resolution by the Board. 2018006967, 08/30/2018 at 08:43:17 AM, 5 OF 7 Doc Code:RES,Sara L. Rosene, Grand County Clerk and Recorder, Colorado 20. Statutog References: All statutory citations in this Resolution shall be construed to refer to the Colorado Revised Statutes, 2018, referred to above as C.R.S., and as the same may be from time to time amended. 21. Amendments: Unless otherwise required by Colorado law, the provisions of this Resolution may be amended by Resolution of the Board of County Commissioners. 22. Severabili?gy: If any section, paragraph, clause, or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses, or provisions of this Resolution. It is the intention of the Board that the various parts of this Resolution are severable. 2018006967, 08/30/2018 at 08:43:17 AM, 6 OF 7 Doc Code:RES,Sara L. Rosene, Grand County Clerk and Recorder, Colorado EXHIBIT A: BALLOT QUESTION The following ballot question shall be submitted to a vote of the registered electorate of Grand County at a general election to be held on November 6, 2018: SHALL GRAND COUNTY INCREASE TAXES BY $310,000.00 AN UALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED THEREAFTER AS AUTHORIZED BY COLORADO REVISED STATUTES 29-2- 115 THROUGH THE IMPOSITION OF AN ADDITIONAL SALES TAX OF COMMENCING JANUARY 1, 2019, UPON ALL SALES OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS WITHIN GRAND COUNTY, WITH SUCH REVENUES TO BE DEPOSITED INTO THE GENERAL FUND AND THE ROAD AND BRIDGE FUND AND BE USED AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO TO FUND PUBLIC SAFETY, ROAD CONSTRUCTION, GENERAL GOVERNMENT PURPOSES, AND ANY OTHER LAWFUL PURPOSE, AND SHALL SUCH EARNINGS THEREON BE COLLECTED, RETAINED, AND EXPENDED AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION OR CONDITION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER YES NO 2018006967, 08/30/2018 at 08:43:17 AM, 7 OF 7 Doc CodezRES, Sara L. Rosene, Grand County Clerk and Recorder, Colorado Upon motion duly made the foregoing re ion was adopted by the following vote: Commissioners STATE OF COLORADO SS. County of Grand I, ,County Clerk and ex? -of?cio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order 15 truly copied from the Records of the Proceedings of the Board of County Commissioners for said Grand County, now in my of?ce. IN WITNESS WHEREOF, I have hereunto set my hand and af?xed the seal of said County, at Hot Sulphur Springs, this day of AD. 20 County Clerk and ex-of?cio Clerk of the Board of Commissioners. 2018006968, 08/30/2018 at 08:43:18 AM, 1 OF 6, Additional Names Fee: Doc Sara L. Rosene, Grand County Clerk and Recorder, Colorado STATE OF COLORADO SS. County of Grand At a regular meeting of the Board of County Commissioners for Grand County, Colorado, held at the Grand County Administration Building in Hot Sulphur Springs on Tuesday, the 21St day of August, 2018, there were present: Merrit Iinke Commissioner Chairman Kristen Manguso . Commissioner Richard D. Cimino Commissioner Robert Franck County Attorney Lee A. Staab County Manager Sara L. Rosene Clerk of the Board when the following proceedings, among others, were had and done, to Wit: RESOLUTION NO. 2018-8-22 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO REFERRING TO THE REGISTERED ELECTORS OF GRAND COUNTY, COLORADO, A BALLOT QUESTION REGARDING WHETHER THE COUNTY MAY IMPOSE AN EXCISE TAX ON THE FIRST SALE OR TRANSFER OF UNPROCESSED RETAIL MARIJUANA BY A RETAIL MARIJUANA CULTIVATION FACILITY LOCATED IN GRAND COUNTY WHEREAS, Article X, Section 20 of the Colorado Constitution requires any proposed increase in taxes to be approved by the voters; and WHEREAS, Article Section 16 of the Colorado Constitution and the Colorado Retail Marijuana Code, C.R.S. 12-43.4-101, et seq. authorize the licensing and regulation of retail marijuana businesses and affords local government the option to determine whether or not to allow marijuana businesses within their respective jurisdictions, and to adopt licensing requirements that are supplemental to or more restrictive than the requirements set forth in state law and regulations; and WHEREAS, the Board of County Commissioners of the County of Grand, State of Colorado (the ?Board?) may adopt future ordinances and/or regulations allowing and establishing licensing requirements for marijuana businesses in Grand County; and WHEREAS, C.R.S. 29-2-114 provides, in part, that: In addition to any sales tax imposed pursuant to section 29-2-103 and articles and 28.8 of title 39, and in addition to the excise tax imposed pursuant to article 28.8 of title 39, each county in the state is authorized to levy, collect, and enforce a county excise tax on the ?rst sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility authorized by the county; except that a county is not authorized to levy, collect, and enforce a county excise tax on the ?rst sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility pursuant to this subsection (1) within any municipality that levies such an excise tax pursuant to subsection (2) of this section. Such excise tax must be calculated based on the average market rate of the unprocessed retail marijuana. The tax shall be imposed at the time when the retail marijuana cultivation facility ?rst sells or transfers unprocessed retail marijuana from the retail marijuana cultivation facility to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation and WHEREAS, C.R.S. 29-2-114 provides, in part, that ?No excise tax shall be levied pursuant to the provisions of paragraph of this subsection (1) until the proposal has been referred to and approved by the eligible electors of the county.. and 2018006968, 08/30/2018 at 08:43:18 AM, 2 OF 6 Doc Code:RES,Sara L. Rosene, Grand County Clerk and Recorder, Colorado WHEREAS, the Board ?nds that the eligible voters of Grand County should be given the opportunity to determine whether Grand County should levy, collect and enforce an excise tax pursuant to C.R.S. 29-2-114 at the next scheduled general election, with the revenues collected from such tax to be placed in the general fund and in the road and bridge fund, and used for public safety, road construction, general government purposes, and any other lawful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO, THAT: 1. Purpose of this Resolution: The purpose of this Resolution is, upon the approval of a majority of the eligible electors voting on such Proposal at the November, 2018 General Election, to enact, and therefore, levy and impose a Marijuana Excise Tax. 2. Imposition and Effective Date of Marijuana Excise Tax: If a Marijuana Excise Tax is approved by a majority of the eligible electors voting thereon at the November, 2018 General Election, a Marijuana Excise Tax levied throughout the County shall be imposed and become effective on January 1, 2019, pursuant to C.R.S. and 39?26- 104(2)(c). 3. Rate and Calculation of Tax: The Marijuana Excise Tax shall be ?ve percent of the average market rate on the ?rst sale or transfer of Unprocessed Retail Marijuana by a retail marijuana cultivation facility located within unincorporated Grand County. If revenues exceed the estimate, the excess revenue shall be retained. For purposes of this Resolution, the average market rate is the same as determined by the State of Colorado Department of Revenue. 4. All First Transfers Subject to Tax: For purposes of the Marijuana Excise Tax, the ?rst sale or transfer of Unprocessed Retail Marijuana includes a transfer where no money or other valuable consideration is exchanged. Transfers subject to the Marijuana Excise Tax also include those where a Retail Marijuana Cultivation Facility ?rst transfers Unprocessed Retail Marijuana to a commonly owned Retail Marijuana Establishment even when that Establishment is located on the same or adjacent premises as the original Retail Marijuana Cultivation Facility. 5. Statutory De?nitions Incorporated: Except as speci?cally de?ned in this Resolution, the de?nitions of the words contained herein shall be as set forth in C.R.S. 39-26-102, 39-26-201, 39-26- 701, and 12-43.4-103, which de?nitions are incorporated by reference into this Resolution as if fully set forth herein. 6. Collection of Revenue: If approvedby the electors, the Marijuana Excise Tax shall be remitted to the County. The revenue will be placed within the general fund and the road and bridge fund. 7. Adoption of Rules and Regulations: The imposition of this Marijuana Excise Tax shall be in accordance with the rules and regulations of the Colorado Department of Revenue, and in accordance with any regulations of Grand County, which may be enacted by separate written resolution or ordinance. 8. Place of Sale or Transfer: For purposes of this Resolution, the ?rst sale or transfer of Unprocessed Retail Marijuana shall be considered consummated at the Retail Marijuana Cultivation Facility from which the ?rst transfer takes place. The gross receipts from such transfer shall include delivery charges, when such charges are subject to the sales and use tax of the State of Colorado imposed by article 26 of title 39, C.R.S., regardless of the place to which delivery is made. 9. Cultivator Records and Remittance of Tax: All Retail Marijuana Cultivation Facilities are charged with keeping appropriate records of the sales and transfers subject to 2018006968, 08/30/2018 at 08:43:18 AM, 3 OF 6 Doc Code:RES,Sara L. Rosene, Grand County Clerk and Recorder, Colorado the Marijuana Excise Tax, ?ling a return, and paying to the County the tax owed on a basis. A Retail Marijuana Cultivation Facility that fails to pay the full amount the tax owed to the County shall be personally liable to the County for the amount of the tax and all interest and additional amounts imposed pursuant to this Resolution, the Enabling Legislation, or future regulations adopted by the County. 10. Administration of Tax: The Board is permitted to establish additional procedures necessary for the collection and administration of the Marijuana Excise Tax. 11. Notice to State upon Approval: If a Marijuana Excise Tax is approved by the electorate at November, 2018 General Election, the Clerk shall send notice of the adoption of a Marijuana Excise Tax to the Executive Director of the Department of Revenue. Such notice shall include: a. A copy of this Resolution, certi?ed by the Clerk; b. Af?davits of Publication of this Resolution, as provided herein; and c. An abstract of election results, certi?ed as to the approval of the Marijuana Excise Tax by a majority of the registered, quali?ed electors of Grand County voting thereon. 12. Use by County: The Board shall direct the utilization of the revenues of the Marijuana Excise Tax proposed by this Resolution solely as described in the ballot measure referred to the voters of Grand County by this Resolution. Effective January 1, 2019, the County shall expend all revenue generated from the Marijuana Excise Tax for the purposes listed on the ballot language in the attached Exhibit A of this Resolution and for no other purposes. Revenue generated from the Marijuana Excise Tax shall be used as follows: Public safety, road construction, general government purposes, and any other lawful purpose. 13. Distribution of Proceeds of Marijuana Excise Tax: In order to carry out the purposes expressed in Paragraph 12 above the County shall retain all revenue generated by this Marijuana Excise Tax for the sole and exclusive use for the purposes described in Paragraph 12. 14. Submission to Electors: The proposed Marijuana Excise Tax as set forth in this Resolution shall be referred to the eligible electors of Grand County at the November, 2018 General Election to be held Tuesday, November 6, 2018. The ballot issue to be submitted to the eligible electors shall be substantially as set forth in the attached Exhibit A. 15. Publication of Resolution: The Clerk is hereby authorized and directed to publish the text of this proposal for a Marijuana Excise Tax four separate times, a week apart, in the Middle Park Times, a newspaper circulated in Grand County and in each incorporated town within the County. 16. Conduct of the Election: The election shall be held and conducted and the results thereof shall be determined, so far as practicable, in conformity with the provisions of the Colorado Uniform Election Code of 1992 as set forth in Articles 1 through 13, inclusive, of Title 1, C.R.S. 17. Ballot Title: For purposes of C.R.S. ?1-11-203.5, the ballot title for the ballot issue contained in the attached Exhibit A of this Resolution is hereby determined to be the text of the ballot issue itself set forth in the attached Exhibit A. 2018006968, 08/30/2018 at 08:43:18 AM, 4 OF 6 Doc Code:RES,Sara L. Rosene, Grand County Clerk and Recorder, Colorado 18. Authority to Effect Resolution: The of?cers, employees and agents of the County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution in accordance with Colorado law. 19. Severabilig. If any part or provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provisions or application, it being the intent of the Board of County Commissioners of the County of Grand, State of Colorado that the provisions of this Resolution are severable. 2018006968, 08/30/2018 at 08:43:18 AM, 5 OF 6 Doc Code:RES,Sara L. Rosene, Grand County Clerk and Recorder, Colorado EXHIBIT A: BALLOT QUESTION The following ballot question shall be submitted to a vote of the registered electorate of Grand County at a general election to be held on November 6, 2018: SHALL GRAND COUNTY, COMMENCING JANUARY 1, 2019, INCREASE TAXES BY $155,000.00 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED THEREAFTER AS AUTHORIZED BY COLORADO REVISED STATUTES 29-2-114 THROUGH THE IMPOSITION OF AN EXCISE TAX OF 5% OF THE AVERAGE MARKET RATE, AS DETERMINED BY THE COLORADO DEPARTMENT OF REVENUE, ON THE FIRST SALE OR TRANSFER OF UNPROCESSED RETAIL MARIJUANA BY A RETAIL MARIJUANA CULTIVATION FACILITY LOCATED WITHIN UNINCORPORATED GRAND COUNTY, WITH SUCH REVENUES TO BE DEPOSITED INTO THE GENERAL FUND AND THE ROAD AND BRIDGE FUND AND BE USED AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO TO FUND PUBLIC SAFETY, ROAD CONSTRUCTION, GENERAL GOVERNMENT PURPOSES, AND ANY OTHER LAWFUL AND SIIALL SUCH EARNINGS THEREON BE COLLECTED, RETAINED, AND EXPENDED AS A REVENUE CHANGE WITHOUT LIMITATION OR CONDITION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER YES NO 2018006968, 08/30/2018 at 08:43:18 AM, 6 OF 6 Doc CodezRES, Sara L. Rosene, Grand County Clerk and Recorder, Colorado Upon motion duly made the foregoing resolution was adopted by the following vote: Commissioners STATE OF COLORADO SS. County of Grand I, County Clerk and ex-of?cio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Grand County, now in my of?ce. IN WITNESS WHEREOF, I have hereunto set my hand and af?xed the seal of said County, at Hot Sulphur Springs, this day of AD. 20 County Clerk and ex?of?cio Clerk of the Board of Commissioners.