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HomeMy WebLinkAboutresolution.council.122-17 RESOLUTION NO. 122 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A QUESTION SEEKING AUTHORITY TO INCREASE TAXES ON THE SALE OF CIGARETTES AND OTHER TOBACCO AND NICOTINE PRODUCTS. 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, TABOR requires the Cityto submit ballot issues (as defined in TABOR) to the City's electorate on limited election days before action can be taken on such ballot issues; WHEREAS, November 7, 2017, is one of the election dates at which ballot issues may be submitted to the electorate of the City pursuant to TABOR; 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 7, 2017, and to submit to the electorate of the City, at the election, the question of authorizing a 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 7, 2017; 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 7, 2017; WHEREAS, on August 14, 2017, the Council passed Resolution #111, Series of 2017 calling for and establishing a special municipal election on November 7, 2017 and authorizing the City Clerk to execute an Intergovernmental Agreement with the Pitkin County Clerk and Recorder concerning the November 7, 2017 election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. 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. Section 2. Unless otherwise defined herein, all terms used herein shall have the meanings defined in the Uniform Election Code. Section 3. 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 7, 2017 special election with the following ballot title which is set pursuant to C.R.S. §31-11-111: Tax Increase on the Sale of Tobacco and Nicotine Products. BALLOT TITLE AND TEXT: SHALL CITY TAXES BE INCREASED BY UP TO $325,000 IN 2018 AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY THE IMPOSITION OF NEW TAXES AS FOLLOWS: BEGINNING JANUARY 1, 2018, THERE SHALL BE A NEW TAX OF FIFTEEN CENTS PER CIGARETTE OR THREE DOLLARS PER PACK OF TWENTY CIGARETTES SOLD PROVIDED THAT SUCH TAX SHALL INCREASE BY AN EQUAL AMOUNT ANNUALLY THEREAFTER FOR TEN YEARS UNTIL THE TAX IS TWENTY CENTS PER CIGARETTE OR FOUR DOLLARS PER PACK OF TWENTY CIGARETTES; BEGINNING JANUARY 1, 2018, THERE SHALL BE ANEW SALES TAX OF 40% ON THE SALES PRICE OF ALL OTHER TOBACCO PRODUCTS; 2 THE TERMS "CIGARETTES" AND "TOBACCO PRODUCTS" HAVE THE SAME MEANINGS AS IN SECTION 13.25.020 OF THE ASPEN MUNICIPAL CODE; THE TAX REVENUES SHALL BE USED FOR THE SPECIFIC PURPOSES OF FINANCING HEALTH AND HUMAN SERVICES, TOBACCO RELATED HEALTH ISSUES, AND ADDICTION AND SUBSTANCE ABUSE EDUCATION AND MITIGATION; AND THAT THE CITY MAY COLLECT, RETAIN AND EXPEND ALL OF THE REVENUES OF SUCH TAXES AND THE EARNINGS THEREON, NOTWITHSTANDING THE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? Section 4. The City Clerk is hereby appointed as the designated election official of the City for purposes of performing acts required or permitted by law in connection with the election. Section 5. Pursuant to C.R.S. §1-11-203.5, any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set. Section 6. The officers of the City are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this resolution. Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution. Section 8. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. Section 9. The effective date of this resolution shall be immediately upon adoption. INTRODUCED, READ AND ADOPTED by the,Cit C uncil of the City of Aspen on the 5th day of September, 2017. Steven Ska Vnl Mayor 3 1, 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>tYted. 6Lge Linda Manning, City Clerk 4