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RESOLUTION NO. ~ I
(Series of 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
WITHDRAWING A PREVIOUSLY SUBMITED BALLOT QUESTION RELATING TO
THE ASPEN LOCAL MARKETING DISTRICT AT THE NOVEMBER 3, 2009,
COORDINATED ELECTION.
WHEREAS, the City Council received a petition for the organization of a special
marketing district within the City of Aspen in accordance with §29-25-101, et seq.,
C.R.S., the Local Marketing District Act; and
WHEREAS, said petition describes the boundaries, services area, the marketing
and promotion tax proposed to be levied by the district, and the proposed service plan of
the district; and
WHEREAS, the City Council, following a statutorily required public hearing,
adopted Ordinance No. 19, Series of 2009, on August 24, 2009, approving the
organization of the Aspen Local Marketing District (the "District") ;and
WHEREAS, City Council's approval of the organization of the District was
specifically conditioned upon the outcome of a ballot question to be posed to eligible
voters who reside within the boundaries of the proposed district; and
WHEREAS, the ballot question asking whether the District should be organized
and whether a one percent (1%) marketing and promotion tax on the purchase price paid
or charged to persons for rooms or accommodations within the District should be levied
was referred to the November 3, 2009, coordinated election; and,
WHEREAS, the City Council has been advised by the City Clerk of the City of
Aspen and the Clerk and Recorder of Pitkin County that some eligible voters residing
wrthm the boundaries of the prolosed District did not receive the correct ballot to allow
them to vote on the District ballot question; and, in addition, some voters in the City of
Aspen who are not eligible to vote on the District ballot question received ballots that
would allow them to vote on the District ballot question; and
WHEREAS, the County Clerk and Recorder, after seeking advice from the
Colorado Secretary of State, has informed the City Council that she will not attempt to
correct the problems with the ballots as the requisite procedures to correct the problems
would be complex, difficult to accomplish, time consuming, and with no guarantee that
the corrections would ensure a fair, impartial, or equitable result; and,
WHEREAS, the City Council does not desire to levy an accommodation sales tax
upon Aspen's guests which rely upon the approval of a vote that the County Clerk and
Recorder will not certify as accurate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
The City Council of the City of Aspen directs and instructs the County Clerk and
Recorder for Pitkin County to not tabulate the votes cast for or against City Referendum
No. SA in the November 3, 2009, coordinated election; and, if the tabulation of votes
cannot be stopped, -that the results of the tabulation be kept confidential and not publicly
reported.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 26th day of October, 2009. ~,
~ ~
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Michael C. Irelan ,Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
Ciry of Aspen, Colorado, at a meeting held on the day hereinabove stated. >
V
Kathryn .Koch, City Clerk
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