HomeMy WebLinkAboutresolution.council.094-19 RESOLUTION NO. 94
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 5,
2019, A QUESTION SEEKING TO RETAIN SALES TAXES COLLECTED ON THE SALE OF
TOBACCO AND NICOTINE PRODUCTS IN EXCESS OF INITIAL REVENUE ESTIMATE.
WHEREAS, the City of Aspen, Colorado (the "City"), is a duly organized and existing
home-rule municipality of the State of Colorado, created and operating pursuant to Article XX of
the Constitution of the State of Colorado and its Home Rule Charter of the City of Aspen, Colorado
(the "Charter");
WHEREAS, the members of the City Council of the City of Aspen (the "Council") have
been duly elected and qualified;
WHEREAS, the Council hereby finds that tobacco and nicotine addiction is a leading cause
of preventable death, that people should be deterred from starting the use of tobacco and nicotine
products and encouraged to quit the use of tobacco and nicotine products, and that taxes on the sale
of tobacco and nicotine products are effective at preventing and reducing tobacco and nicotine use;
WHEREAS, the Council hereby designates revenues collected through this tax would be
placed in the General Fund with the specific purpose of financing health and human services,
tobacco related health issues, and addiction and substance abuse education and mitigation.
WHERAS, Section 12.2 of the City Charter authorizes the City to levy and collect taxes for
municipal purposes including, provided,however, that no income tax, sales tax or excise tax may be
levied until such tax shall have been approved by majority of the electors voting at a regular or
special election;
WHEREAS, Article X, Section 20 of the Colorado Constitution ("TABOR") requires voter
approval for any increase in taxes;
WHEREAS, pursuant to TABOR, on November 7, 2017, the electorate of the City of Aspen
approved a tax increase on the sale of tobacco and nicotine products;
WHEREAS, sales tax collected pursuant to this increase exceeded this initial estimate of the
revenues generated in the ballot language submitted to the electorate in 2017;
WHEREAS, in the event that the amount collected in the initial year exceeds the original
estimate, TABOR requires the City to either refund the excess collected to the citizens or seek
permission to retain such amounts.
WHEREAS, the Council hereby determines that it is in the interests of the City and its
residents to call a special election to be held on November 5, 2019, and to submit to the electorate of
I
the City, at the election, the question of authorizing the retention of the excess amounts collected
pursuant to the tax increase on the sale of tobacco and nicotine products;
WHEREAS, the Pitkin County Clerk and Recorder (the "County Clerk") is conducting a
coordinated election pursuant to the Uniform Election Code of 1992, being Articles 1 to 13 of Title
1, C.R.S. (the"Uniform Election Code")on November 5, 2019;
WHEREAS, pursuant to C.R.S. §1-1-102 and C.R.S. §31-10-102.7, the Council may elect
to utilize the provisions of the Uniform Election Code in order to participate in the coordinated
election on November 5, 2019;
WHEREAS, on August 12, 2019, the Council passed Resolution#93, Series of 2019 calling
for and establishing a municipal election on November 5, 2019 and authorizing the City Clerk to
execute an Intergovernmental Agreement with the Pitkin County Clerk and Recorder concerning the
November 5, 2019 election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO,THAT:
All action heretofore taken (not inconsistent with the provisions of this resolution) by the City and
the officers thereof, directed towards the election and the objects and purposes herein stated is
hereby ratified, approved and confirmed.
Unless otherwise defined herein, all terms used herein shall have the meanings defined in the
Uniform Election Code.
The following ballot issue, certified in substantially the form set forth below, is hereby referred to
the electorate of the City and shall appear on the ballot of the City at the November 5, 2019 special
election with the following ballot title which is set pursuant to C.R.S. §31-11-111:
CITY OF ASPEN—RETENTION OF EXCESS OF INITIAL REVENUE ESTIMATE OF
TOBACCO SALES TAX.
WITHOUT IMPOSING ANY NEW TAX OR INCREASING ANY TAX RATE, MAY
THE CITY OF ASPEN KEEP ALL REVENUES (INCLUDING THOSE IN EXCESS OF
THE INITIAL REVENUE ESTIMATE) FROM THE NOVEMBER 2017 VOTER-
APPROVED TOBACCO RELATED PRODUCTS SALES TAX (BALLOT ISSUE 2B),
AND CONTINUE TO COLLECT THE TAX AT THE PREVIOUSLY DEFINED RATE,
AND SPEND ALL REVENUES COLLECTED FOR THE PURPOSES AS APPROVED
BY VOTERS, INCLUDING HEALTH AND HUMAN SERVICES, TOBACCO-
RELATED HEALTH ISSUES, AND ADDICTION AND SUBSTANCE ABUSE
EDUCATION AND MITIGATION?
YES
NO
2
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
LU day of 2019.
l
Torre, Mayor
I, Linda Manning, 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.
(x C
inda Manning, City Clerk
3