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HomeMy WebLinkAboutresolution.council.003-83RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. ~ (Series of 1983) RESOLUTION CONCERNING A QUESTION TO BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, FEBRUARY 15, 1983; DIRECTING THAT A QUESTION BE SUBMITTED FOR THE PURPOSE OF ACCEPTING ORDINANCE NO. 78 (SERIES OF 1982), ADOPTED BY THE CITY COUNCIL ON JANUARY 12, 1983, WHICH IMPOSES A NEW OCCUPATION TAX TO BE KNOWN AS THE "ASPEN RESORT SERVICES OCCUPATION TAX"; AND SETTING FORTH THE DETAILS IN REGARD TO SUCH SPECIAL ELECTION WHEREAS, the City Council of the City of Aspen, Colorado, has, by its adoption of Ordinance No. 78 (Series of 1982), incor- porated herein by reference, approved the imposition of a new occupation tax to be known as the "Aspen Resort Services Occupa- tion Tax" distinct from and in addition to the tax imposed by Article V of Chapter 21 of the Municipal Code, which new occupa- tion tax is designed to raise revenue for municipal appropriations for the purpose of advertising, promoting and marketing of the business, scenic and recreational attractions, the natural re- sources and the social and educational WHEREAS, Ordinance No. 78 (Series ordinance shall not be effective until electors voting thereon; and advantages of Aspen; and of 1982) provides that said approved by a majority of WHEREAS, the City Council desires to submit Ordinance No. 78 (Series of 1982) for acceptance by a majority of the electors, as well as to ratify and approve said new occupation tax in addi- tion to the occupation tax presently imposed by Article V of Chap- ter 21 of the Municipal Code of the City of Aspen; and WHEREAS, the City Council in accordance with the Charter of the City of Aspen, Colorado, has called a special election to be held on Tuesday, February 15, 1983, for the purpose hereinabove set forth; and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, although the special election was called for pur- poses in addition to that stated above, the City Council has decided to submit only one question as set forth herein; and WHEREAS, the City Council desires to set the question to be voted on and to set forth other details in regard to such special election, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Question to be submitted: The following question shall registered, qualified electors of the special municipal election to be held in Colorado, on Tuesday, February 15, 1983: be submitted to a vote of the the City of Aspen, Colorado, at the City of Aspen, QUESTION: ACCEPTANCE OF ORDINANCE 78-1982, IMPOSING A NEW OCCUPATION TAX TO BE KNOWN AS THE "ASPEN RESORT SERVICES OCCUPATION TAX" (copies of Ordinance 78-1982 as adopted by the City Council on January 12, 1983, will be available at the polls and may be obtained in advance from the City Clerk of the City of Aspen, 130 South Galena Street, Aspen, Colorado). Shall the electors of the City of Aspen accept Ordinance 78- 1982 and approve and ratify the new occupation tax imposed thereby (to be known as the "Aspen Resort Services Occupation Tax") in addition to that occupation tax imposed by Article V of Chapter 21 of the Municipal Code? Ordinance 78-1982 provides for an additional occupation tax to be levied on businesses operating within the City of Aspen with all revenues therefrom designated to the advertising, promoting and marketing of the business, scenic and recrea- tional attractions, the natural resources, and the social and educational advantages of the City of Aspen. Such occupation tax, which shall be in addition to other currently levied occupation taxes hereby ratified, shall be imposed on all businesses operating within the City of Aspen as classified and at the rates set forth in Ordinance 78-1982. Said Ordin- ance authorizes the City to contract with an entity meeting the requirements set forth therein for the purpose of provid- ing the above-described services. Ordinance 78-1982 further provides for the amendability and repealability of the ordin- ance, amends Sections 12-34 and 12-58 of the Municipal Code for consistency and sets forth penalties for a violation of the provisions of said ordinance. 2 RECORD OF PROCEEDINGS 100 Leaves Section 2 AS provided in Ordinance No. 76 (Series of 1982) there shall be one municipal election precinct for this election, the boundary thereof to be the same as the boundary of the City. The polling place shall be at the Upper Elementary School Gym, 110 East Hallam, Aspen, Colorado. The election on the proposed question shall be held at the aforesaid polling place between the hours of 7:00 a.m. and 7:00 p.m. on Tuesday, February 15, 1983, in the City Copies of Ordinance 78-1982 shall be avail- of Aspen, Colorado. able at the polling Section 3 The aforesaid place. special municipal election shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 4 The provisions for registration of electors and for voting by absentee ballot on the questions shall be Colorado Municipal Election Law. Section 5 The votes at such election shall voting machines at the polling place. respect to the questions shall read as QUESTION: FOR ACCEPTANCE OF ORDINANCE 78-1982, in accordance with the be registered on electronic The ballot label with follows: AGAINST IMPOSING A NEW OCCUPATION TAX TO BE KNOWN AS THE "ASPEN RESORT SERVICES OCCUPATION TAX" (copies of Ordinance 78-1982 as adopted by the City Council on January 12, 1983, will be available at the polls and may be obtained in advance from the City Clerk of the City of Aspen, 130 South Galena Street, Aspen, Colorado). Shall the electors of the City of Aspen accept Ordinance 78- 1982 and approve and ratify the new occupation tax imposed thereby (to be known as the "Aspen Resort Services Occupation Tax") in addition to that occupation tax imposed by Article V of Chapter 21 of the Municipal Code? 3 RECORD OF PROCEEDINGS 100 Leaves Ordinance 78-1982 provides for an additional occupation tax to be levied on businesses operating within the City of Aspen with all revenues therefrom designated to the advertising, promoting and marketing of the business, scenic and recrea- tional attractions, the natural resources, and the social and educational advantages of the City of Aspen. Such occupation tax, which shall be in addition to other currently levied occupation taxes hereby ratified, shall be imposed on all businesses operating within the City of Aspen as classified and at the rates set forth in Ordinance 78-1982. Said Ordin- ance authorizes the City to contract with an entity meeting the requirements set forth therein for the purpose of provid- ing the above-described services. Ordinance 78-1982 further provides for the amendability and repealability of the ordin- ance, amends Sections 12-34 and 12-58 of the Municipal Code for consistency and sets forth penalties for a violation of the provisions of said ordinance. On each such voting machine there shall be spaces which will permit the elector to indicate his vote "For the question" or "Against the question". Section 6 The election shall be held and conducted, and the votes cast on the questions aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and the declaration of the result of votes cast at a general election of municipal officers in the City of Aspen. Section 7 Notice of the election on the ballot question as aforesaid shall be published in the Aspen Times, a newspaper published and of general circulation in the City of Aspen in the edition of said newspaper dated ~'~-~~ ~ F© , 1983, and a copy of such notice shall be p ted at the polling place within the City at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such notice. Said notice shall be in substantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF BALLOT QUESTION TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON FEBRUARY 15, 1983" 4 RECORD OF PROCEEDINGS 100 Leaves Public notice is hereby given that, pursuant to a resolution of the City Council of the City of Aspen, Colorado, at a special municipal election to be held in the City on Tuesday, February 15, 1983, between the hours of 7:00 a.m. and 7:00 p.m., there will be submitted the following ballot question: QUESTION: ACCEPTANCE OF ORDINANCE 78-1982, IMPOSING A NEW OCCUPATION TAX TO BE KNOWN AS THE "ASPEN RESORT SERVICES OCCUPATION TAX" (copies of Ordinance 78-1982 as adopted by the City Council on January 12, 1983, will be available at the polls and may be obtained in advance from the City Clerk of the City of Aspen, 130 South Galena Street, Aspen, Colorado). Shall the electors of the City of Aspen accept Ordinance 78- 1982 and approve and ratify the new occupation tax imposed thereby (to be known as the "Aspen Resort Services Occupation Tax") in addition to that occupation tax imposed by Article V of Chapter 21 of the Municipal Code? Ordinance 78-1982 provides for an additional occupation tax to be levied on businesses operating within the City of Aspen with all revenues therefrom designated to the advertising, promoting and marketing of the business, scenic and recrea- tional attractions, the natural resources, and the social and educational advantages of the City of Aspen. Such occupation tax, which shall be in addition to other currently levied occupation taxes hereby ratified, shall be imposed on all businesses operating within the City of Aspen as classified and at the rates set forth in Ordinance 78-1982. Said Ordin- ance authorizes the City to contract with an entity meeting the requirements set forth therein for the purpose of provid- ing the above-described services. Ordinance 78-1982 further provides for the amendability and repealability of the ordin- ance, amends Sections 12-34 and 12-58 of the Municipal Code for consistency and sets forth penalties for a violation of the provisions of said ordinance.' There shall be one municipal election precinct for this elec- tion. The polling place shall be at the Upper Elementary School Gym, 110 East Hallam, Aspen, Colorado, between the hours of 7:00 a.m. and 7:00 p.m. Copies of Ordinance 78-1982 shall be available at the polling place. Those electors who are otherwise fully qualified to vote on the above questions, but who are or will be unable to appear at the polling place on the date of the election, may apply in writ- ing at the office of the City Clerk at City Hall for an absentee ballot, at any time during business hours on or before the 1%~'% day of February, 1983. The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared as nearly as may be in the manner prescribed by law for the general election of municipal officers. IN WITNESS WHEREOF, the City Counc~ has caused this notice to be given as of the /~ day of ~~ __, 1983. 5 RECORD OF PROCEEDINGS 100 Leaves Dated: Kathryn S.~6h, City Clerk" H~r?~an Edel, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk hereby certify that the foregoing is a correct copy of that resolution adopted by the City Council of the City of Aspen, ~-~ n u~ /~ay of Colorado, at its regularAmeeting held on the , 1983. ~City Cler 6