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HomeMy WebLinkAboutordinance.council.021-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. c~/ Series of 1973 AN ORDINANCE REPEALING ARTICLE II OF CHAPTER 21 OF THE MUNICIPAL CODE ENTITLED "CIGARETTE TAX" AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT. WHEREAS, the City of Aspen, in Article II of Chapter 21, sections 21-16 through 21-35, of the ASpen Municipal Code has provided for an occupational tax for the selling of cigarettes in the City of Aspen and provided for penalties for failure to pay the same; and WHEREAS, the Colorado General Assembly has recently enacted House Bill 1492 which provides that 46% of all State cigarette taxes collected shall be returned to incorporated cities which levy taxes and adopt formal budgets, each city to receive a share equivalent to the percentage of state sales tax revenues collected by the State of Colorado in an incor- porated city as compared to the total sales tax collections that may be allocated to all political subdivisions in the state; and WHEREAS, in order to qualify for a share in this distri- butions, units of local government cannot, after July 1, 1973, impose fees) licenses on taxes on any person as a condition for engaging in the business of selling cigarettes, nor impose, in any manner, a tax on cigarettes, and, WHEREAS, it will be in the best interest of the City of Aspen to abolish the present occupational tax for selling cigarettes and share in the distribution permitted by House Bill 1492; and WHEREAS, it is mandatory that the occupational tax for selling cigarettes be enacted as an emergency measure so as to repeal Article II of Chapter 21 prior to July 1, 1973; RECORD OF PROCEEDINGS 100 Leaves NOW, THER£FORE, BE IT ORDAINED BY THE CITY OF ASPEN, COLORADO: ~e.c.t ion 1. The purpose of this ordinance is to repeal Article II of Chapter 21 of the Aspen Municipal Code prior to July 1, 1973, so that the City of Aspen may share in the distribution of state cigarette tax proceeds as provided by the newly enacted House Bill 1492 recently passed by the Colorado General Assembly. Sections 21~16, 21-17, 21-18, 21-19, 21-20, 21-21, 21-22, 21-23, 21-24, 21-25, 21,26, 21-27, 21-28, 21-29, 21-30, 21-31, 21-32, 21-33, 21-34, and 21-35, constituting Article II of Chapter 21 of the Municipal Code of the City of Aspen, Colorado are hereby repealed, effective in the final passage of this ordinance. Section 3. By reason of the fact that this ordinance will repeal the occupational tax for the selling of cigarettes so as to allow the City of Aspen to share in the distribution of the state cigarette sales tax pursuant to Colorado House Bill 1492, and that said House Bill requires that all such occupational taxes be abolished prior to July 1, 1973, it is hereby declared that an emergency exists and that this Ordinance is necessary to the immediate preservation of the public property and welfare, and that it shall be in full force and effect upon final passage, and be published within ten (10) days after final passage, or as soon thereafter as possible. RECORD OF PROCEEDINGS 100 Leaves .S.e.ction__4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are decalred to be severable. INTRODUCED AND READ as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen, Colorado, on the llth day of June, 1973. ATTEST: Czty Cle ri<' FINALLY ADOPTED, ATTEST: Cie rk ' ' PASSED AND APPROVED this 1973. day STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on ~ was finally adopted and approved at a regular meeting of the City Council on .Jun~ 25 published as Ordinance No. ?] said City, as provided by law. , 197--3, and ordered , Series of 197_.], of IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 25th day of June , 1973 . SEAL