Loading...
HomeMy WebLinkAboutresolution.council.027-74RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. A RESOLUTION SUBMITTING TO A VOTE OF THE QUALIFIED REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, OCTOBER 1, 1974, A PROPOSAL TO IMPOSE A LAND TRANSFER TAX UPON TRANSFERS OF REAL PROPERTY WITHIN THE CITY OF ASPEN WHEREAS, 'the Aspen City Council has, by its adoption of Ordinance No. 21, Series of 1974, approved the imposition of a 1% tax upon real estate transfers within the City of Aspen, Colorado, and WHEREAS, the Aspen Home Rule specifically Section 12.1 thereof, Charter, more requires that no excise tax be levied until such tax shall have been approved by a majority of the electors voting at a regular or special election on the sa~e, and WHEREAS, the Aspen City Council wishes to set such election to be conducted pursuant to the requirements of the Colorado Municipal Election Code and to provide for a special election on Tuesday, October 1, 1974, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the special municipal election to be held in the City of Aspen, Colorado, on Tuesday, the first day of October, 1974,there shall be submitted to a vote of the qualified, registered electors of the City the following question as set forth below and as also stated in the form of Ballot Label and Notice of Election hereinafter set forth. RECORD OF PROCEEDINGS 100 Leaves FORM OF QUESTION Question Submitted: "Shall the City of Aspen impose a Land Transfer Tax on Transfers of real property located within the City, which tax shall be in the amount of one (1%) per cent of the consideration received for the transfer and the proceeds of which tax will be used only for the purpose of acquiring land for and the planning, development and construction of civic and performing art centers and governmental buildings". Section 2 Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed question. Section 3 The election on the proposed question will be held at the following polling places within the established precincts between the hours of 7 A.M. and in the City of 7 P.M. on Tuesday, October 1, 1974, Aspen, Colorado: Precinct 1 Precinct 2 Precinct 3 Section 4 POLLING PLACES - St. Mary's Catholic Church 533 East Main Street - Aspen Intermediate School 110 East Hallam Street - Villa of Aspen 207 North Seventh Street The election on the proposed question shall be - 2 - RECORD OF PROCEEDINGS 100 Leaves 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 5 The provisions for registration of electors and for voting by absentee ballot on the question of the proposed question shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said election shall be registered (on voting machines) (on paper ballots) and the ballot label read as follows: FOR AGAINST "Shall the City of Aspen impose a Land Transfer Tax on transfers of real property located within the City, which tax shall be in the amount of one (1%) per cent of the consideration received for the transfer and the proceeds of which tax will be used only for the purpose of acquiring land for and the planning, development and construction of civic and performing art centers and governmental buildings". On each (voting machine) (paper ballot) there shall be (counters) (spaces) which will permit the elector to indicate his vote "FOR THE LAND TRANSFER TAX" or "AGAINST THE LAND TRANSFER TAX". The absentee votes cast at said election shall be registered upon paper ballots, which shall contain the same proposition relating to the question posed, to place a cross mark (X) opposite the words expressing RECORD OF PROCEEDINGS 100 Leaves his or her choice, either "FOR THE LAND TRANSFER TAX" or "AGAINST THE LAND TRANSFER TAX". Section 7 The election on the question of the proposed land transfer tax shall be held and conducted, and the votes cast on the question aforesaid shall be returned and canva~ed, 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 the general election of municipal officers of the City of Aspen. Section 8 Notice of the election on the proposed land transfer tax shall be published in the Aspen Times, a newspaper published and of general circulation in said City, in the edition(s) of said newspaper dated ~ /? , , , 1974, and a copy of such notice shall be posted at each 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 SUBMISSION OF A PROPOSED LAND TRANSFER TAX BY THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION ON OCTOBER 1, 1974." PUBLIC NOTICE IS HEREBY GIVEN, that pursuant to a Resolution of the City Council of the City of Aspen, Colorado, a Special Municipal Election will be held on Tuesday, October 1, 1974, between the hours of 7 A.M. and 7 P.M., and there will be submitted to the electorate the question of a proposed land transfer tax, more specifically: - 4 - RECORD OF PROCEEDINGS 100 Leaves 'Shall the City of Aspen impose a Land Transfer Tax on transfers of real property located within the City, which tax shall be in the amount of (1%) per cent of the consideration received for the transfer, and the proceeds of wh ich tax will be used only for the purpose of acquiring land for and the planning, development and construction of civic and performing art centers and governmental buildings' The election on the question will be held at the following polling places, between the hours of 7 A.M. and 7 P.M. POLLING PLACE Precinct 1 - St. Mary's Catholic Church 533 East Main Street Precinct 2 - Aspen Intermediate School 110 East Hallam Street Precinct 3 - Villa of Aspen 207 North Seventh Street Those electors who are otherwise fully qualified to vote on said question at such election, but who are or will be unable to appear at the polling place on the date of election, may apply in writing at the office of the City Clerk, at the City Hall for an absentee ballot, at any time during business/~~hours, on or before the ~? day of ~/~ , 1974. The votes cast shall be recorded on (voting machines) (paper ballots) and paper ballots shall be pro- vided for absentee voters, and said election shall be held, conducted and the returns thereof shall be made, 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 Council has caused this notice to be given as of this /~.~ day of - 5 - RECORD OF PROCEEDINGS 100 Leaves City Clerk Published in t~~mes Published on , 1974. Section 9 If any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair in invalidate the remaining provisions of this Resolution, it being the intent that the various provisions hereof are severable. RESOLUTION ADOPTED AND APPROVED this day of I, Lorraine Graves, Stacy ~andley, III Mayor / ~ duly appointed and acting City Clerk, certify that the foregoing resolution was adopted by the Aspen City Council at its meeting held ~_~/ ~ J , 1974. City Clerk - 6 -