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HomeMy WebLinkAboutordinance.council.007-01 ORDINANCE NO. 7 Series of 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 23.32.060(a), 23.32.060(c), and 23.32.070(a) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO IMPOSE A NEW 0.5% SALES TAX FOR PARKS AND OPEN SPACE PURPOSES. WHEREAS, the voters of the City of Aspen at the November, 2000, election authorized the imposition of an additional 0.5% sales tax for the purpose of "buying, improving and maintaining trail, recreation and open space properties and ancillary facilities;" and WHEREAS, the City Council desires to amend the Aspen Municipal Code to codify this increase in the rate of the open space sales tax. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section i. That Section 23.32.060(a) of the City of Aspen Municipal Code is amended to read as follows: (a) sales tax. There is hereby levied a tax or excise upon all sales of tangible personal property and services specified in section 23.32.090 as a rate of two and two tenths of a percent (2.2%) for all transactions consummated or contracts entered into as defined by section 23.32.090. Section 2. That Section 23.32.060¢) of the City of Aspen Municipal Code is amended to add a new subsection (7) to read as follows: (7) Sales tax receipts derived from the one-half percent (0.5 %) sales tax levied pursuant to Ordinance No. 7, Series of 2001, shall be set aside in the separate fund referenced in subsection 23.32.060(c)(3) and expended by the City Council solely for the purpose of buying, improving and maintaining trail, recreation and open space properties and ancillary facilities; Section 3. That Section 23.32.070(a) of the City of Aspen Municipal Code be amended as follows: (a) The tax imposed by this title shall be payable on each ten dollar ($10.00) in accordance with the following schedule: Price Tax $ 0.01 including $ 0.22 $ $ 0.23 including $ 0.68 $ 0.01 $ 0.69 including $ 1.13 $ 0.02 $ 1.14 including $ 1.59 $ 0.03 $ 1.60 including $ 2.04 $ 0.04 $ 2.05 including $ 2.49 $ 0.05 $ 2.50 including $ 2.95 $ 0.06 $ 2.96 including $ 3.40 $ 0.07 $ 3.41 including $ 3.86 $ 0.08 $ 3.87 including $ 4.31 $ 0.09 $ 4.32 including $ 4.77 $ 0,10 $ 4.78 including $ 5.22 $ 0.11 $ 5.23 including $ 5.68 $ 0.12 $ 5.69 including $ 6.13 $ 0.13 $ 6.14 including $ 6.59 $ 0.14 $ 6.60 including $ 7.04 $ 0.15 $ 7.05 including $ 7.50 $ 0.16 $ 7.51 including $ 7.95 $ 0.17 $ 7.96 including $ 8.40 $ 0.18 $ 8.41 including $ 8.86 $ 0.19 $ 8.87 including $ 9.31 $ 0.20 $ 9.32 including $ 9.77 $ 0.21 $ 9.78 including $ 10.00 $ 0.22 When the price exceeds ten dollars ($10.00), the tax shall be twenty-two cents ($0.22) on each ten dollar increment of the price, plus the tax shown above for the applicable fractional part of a ten dollar increment in each price. Section 4. This ordinance shall not have any effect on existing litigation and shall not operate as abatement of any action or proceeding now pending under or by virtue of the ordinances amended herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reas( held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and shall not affect the validity of the remaining portion hereof. A public hearing on the ordinance shall be held on the 26~ day of February, 2001, in the City Counci Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 12~ day of February, 2001. ATTEST: Kathryn S~och, ~ity Clerk FINALLY adopted, passed and approved this 26~ day of February2001. ATTEST: ~ ' ~ Kathryn S. K~, City Clerk ' JPW4Y2/27/01 -G:\john\word\ords\sales-tax.doc 4