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HomeMy WebLinkAboutresolution.council.084-12 RESOLUTION NO. —��4 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 6, 2012, ELECTION A CERTAIN QUESTION SEEKING AUTHORITY TO LEVY A NEW 0.3% SALES TAX FOR EDUCATIONAL PURPOSES. WHEREAS, at the request of the Aspen Education Foundation the City Council of the City of Aspen, Pitkin County, Colorado desires to request that the voters increase the sales tax rate to provide for funds to be used exclusively for the benefit of the Aspen School District No. 1 (RE), for educational purposes as well as for the costs associated with establishing and maintaining a trust or other nonprofit organization or entity and for the collection and administration of the revenues generated by the sales tax rate increase; and WHEREAS, Section 12.1 of the City of Aspen Home Rule Charter and Article X, Section 20 of the Constitution of the State of Colorado require voter approval to levy and collect taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: The following question shall be placed on the ballot at the November 6, 2012, election: CITY OF ASPEN—REFERENDUM 0.3% Sales Tax for Educational Purposes. BALLOT TITLE AND TEXT: SHALL CITY OF ASPEN, COLORADO TAXES BE INCREASED $1,750,000.00 ANNUALLY (ESTIMATED) FOR THE FIRST FISCAL YEAR (2013) AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY A NEW 0.3% SALES TAX COMMENCING JANUARY 1, 2013 AND CONTINUING THROUGH DECEMBER 31, 2016, UNLESS THE QUALIFIED ELECTORS OF THE CITY SHALL SUBSEQUENTLY AUTHORIZE AN EXTENSION, TO BE USED FOR EDUCATIONAL PURPOSES PROVIDING SUPPORT TO THE ASPEN SCHOOL DISTRICT NO. 1 (RE); AND PROVIDED FURTHER, THAT THE REVENUES DERIVED FROM SUCH SALES TAX SHALL BE COLLECTED BY THE CITY OF ASPEN AND DISBURSED THROUGH A TRUST OR OTHER NONPROFIT ENTITY CREATED BY INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN SCHOOL DISTRICT NO. 1 (RE) WITH SUCH TRUST OR OTHER NONPROFIT ENTITY MANAGED BY THE FOLLOWING INDIVIDUALS FOR THE TERM OF THE TAX: 1) JEANNE C. DOREMUS 2) ERNIE FYRWALD 3) ROBIN HAMILL 4) LAURA KORNASIEWICZ 5) SUSAN MAROLT 6) SARAH CHASE SHAW 7) PETER VAN DOMELEN WITH THE INTERGOVERNMENTAL AGREEMENT PROVIDING FOR A METHOD OF REPLACEMENT OF ANY SUCH INDIVIDUALS; AND SHALL THE FULL REVENUES FROM SUCH TAX INCREASE AND ANY EARNINGS (REGARDLESS OF AMOUNT) FROM THE INVESTMENT OF THE PROCEEDS OF SUCH TAX CONSTITUTE A VOTER APPROVED REVENUE CHANGE THAT MAY BE COLLECTED, RETAINED AND EXPENDED BY THE CITY FOR THE PURPOSES SET FORTH ABOVE NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION, INCLUDING THE LIMITATION CONTAINED IN ARTICLE X, SECTION 20, OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? [ ] YES [ ] NO INTRODUC D, READ AND ADOPTED by the City Council of the City of Aspen on the i day of ' I c ,2012. Michel C. Ireland, 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 City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk