Loading...
HomeMy WebLinkAboutordinance.council.024-85 (Series of 19851 AN ORDINANC~ CONDITIONALLI RESCINDIN~ LEVY OF THE ADDITIONAL ONE (1%) PERCENT RETAIL SALES TAX (CONNONLY KN~N AS THE 'SEVENTN [TTH] PENNY SALES T~'), PR~IDED ~R IN ~T O~I~CE APPR~ED BY T~E ELE~RS OF THE CI~ OF ASPEN ON ~E 7TH ~Y OF N~EN- B~, 1972, SO AS ~ DE~SE ~E PRESE~ CITY RETAIL SALES T~ IN ~E CI~ OF ASPEN FR~ A ~0 {2%) PERCENT ~D AT ~ EQUIVAL~ (2%} PERCE~ B~CKET ~S~N ~TE, ~N SELLING OF TANGIBLE PERSONAL PROPER~ AT RETAIL ~N ~ERY RETAILER OR FU~ISHI~ OF SE~ICES IN ~E CI~ OF ASPEN, ~ A ONE (1%) PER~NT ~ AT ~ EOUIV~T ONE (1%) PER~ B~CKET SYSTEN~ OPERATIVE ~ EFFUSIVE ON AND AFTER JULY 1, 1985, S~aE~ ~ CERTAIN CONDITIONS ~ BE SATISFIED BY THE ~U~ OF PITKIN AS EEREIN PR~IDED RELATING ~ PAY~ OF ~D T~ REFU~S, ~PIT~ I~R~E- NENTS AND CAPITAL EXPENDITU~S, ~/OR PAYNENT OF INDEBTEDNESS INCURRED FOR ~PIT~ INPR~E~NTS ~ ~PIT~ WHEREAS, pursuant to Resolution No. 15 (Series of 1972). the City Council did submit to a vote of the qualified electors of the City of Aspen, Colorado, at a special municipal election held on Tuesday, the 7th day of November, 1972, the question of approving or rejecting a measure entitled "An Ordi- nance Increasing the Present City Retail Sales Tax in the City of Aspen From One (1%) Percent and at an Equivalent One (1%) Percent Bracket System Rate to Two Percent (2%) and at an Equivalent Two Percent (2%) Bracket System Rate, Upon the Selling of Tangible Personal Property at Retail Upon Every Retailer of Furnishing of Services in the City of Aspen, Colorado, Operative and Effective on and After July 1, 1973; Providing That The Additional Revenues Received by Said Increase May Be Expended by the City Council for the Payment of Food Tax Refunds, for Capital Improvements, and Capital Expenditures, for Land Acquisition, for General Operating Purposes, Or the Payment of Indebtedness Incurred for Such Capital Improvements and Capital Expenditures, or Land Acquisition for the Expenditures Necessary to Protect Such Property Against Loss, or Damage or Destruction; Providing that Certain Refunds Shall Be Made to the Residents of the City of Aspen Upon Application 1 Therefor, Providing That The City Council May Amend, Alter or Change Said Ordinance Except As To The Percent of Tax; and Provid- ing Details in Relation to the Foregoing;" and WHEREAS, the qualified electors of the City voting at said special election held on the 7th day of November, 1972, approved said measure and ordinance, commonly known and herein- after referred to as the "7th Penny Sales Tax Ordinance;" and WHEREAS, pursuant to the 7th Penny Sales Tax Ordinance, the City of Aspen did incur the following obligations: t. City of Aspen, Colorado, Sales Tax Refunding Revenue Bonds, Series December 1, 1982, pursuant to which the 1972 sales tax revenue have been pledged. 2. That certain Lease Agreement dated December 1, 1983 ("Lease") between the City of Aspen and Pitkin County, Colorado, which has been executed in connec- tion with Pitkin County's UMTA Grant. 3. The obligations set forth in Section 8 of the 7th Penny Sales Tax Ordinance providing for food tax refunds to City residents, in the amounts specified therein, as amended. 4. Provisions for the maintenance of the malls in the City of Aspen. 5. Obligations pursuant to that Agreement entered into on the 25th day of May, 1979 between Elder/Qulnn & McGill, Inc., Denver, Colorado, and the City of Aspen, pertaining to the lease to Aspen of six (6) 1980 Bluebird All-Dash American Adult Passenger Buses. 6. Obligations pursuant to that Cooperative Agreement between the City of Aspen and Pitkin County, in which the City of Aspen agreed to pay the cost of twenty percent (20%) of the full purchase price of the sixteen (16) transit coaches and accessory equipment as identified in the County's contract with Neoplan, U.S.A. Corporation, as approved and authorized in Ordinance No. 45 (Series of 1982). WHEREAS, the Board of County Commissioners of Pitkin County, Colorado, adopted a Sales Tax Resolution on October 7, 1968, imposing a two percent (2%) countywide sales tax within Pitkin County, which was approved by the electors of Pitkin County, Colorado, on November 5, 1968, and which became effective on July 1, 1969; and WHEREAS, the aforesaid 1968 Pitkin County Sales Tax Resolution has been amended to provide for the distribution of the two percent (2%) countywide sales tax as follows: 1. Forty-three percent (43%) to be retained by Pitkin 2 County for its exclusive use. 2. Fifty-seven percent (57%) to be allocated among the ~ncorporated cities and towns within Pitkin County in proration to the amount of County sales tax collected within their respective corporate limits. ;and WHEREAS, pursuant to Pitkin County Resolution No. 29 (Series of 1983), the Board of County Commissioners determined to amend its sales tax resolution, dated October 7, 1968, as amended, to increase the countywide sales tax from two percent (2%) to three percent (3%), and to apply the portion of the increase allocated to Pitkin County, to public transportation purposes; and WHEREAS, the expressed intent of the Board of County Commissioners set forth in Resolution No. 29 (Series of 1983), was that the increase in the countywide sales tax should not go into effect until the conditions set forth in said Resolution were satisfied; and WHEREAS, the electors of Pitkin County, at a special election held on May 3, 1983, approved the aforesaid Pitkin County Resolution No. 29 (Series of 1983), and the increase in the countywide sales tax from two percent (2%) to three percent (3%); and WHEREAS, said Resolution NO. 29 (Series of 1983), provides as follows: "Section 3. Receipt of Additional One (1%) Percent Bales Tax bv Pitkin County and Allocation to its Incorporated Municipalities. All receipts of the additional 1% countywide sales tax which are col- lected within the County and its incorporated municipalities shall be allocated and distributed promptly upon receipt to those municipalities as follows: (a) The City of Aspen shall be allocated an amount equal to that portion of the additional 1% countywide sales tax which is collected within its corporate limits as shall be neces- sary and in the following priority: (i) to defray in a timely manner the debt service and reserve fund obligations incur- red by the City of Aspen in connection with its Sales Tax Refunding Revenue Bonds, Series December 1, 1982, or any bonds issued to refund such issues in whole or in part, as those obligations become due and payable; (ii) to defray the amount of food tax 3 refunds due the residents of the City of Aspen; provided, however, that such amount shall not exceed in any year 5.4% of that portion of the additional 1% countywide sales tax collected in that year within the City of Aspen; and (iii) to provide for the maintenance of the mall in the City of Aspen; provided, how- ever, that such amount shall not exceed in any year 10.4% of that portion of the additional 1% countywide sales tax collected in that year within the City of Aspen; and (iv) all remaining proceeds shall be returned to the County of Pitkin to be applied as more specifically set forth in Section 4 of this Resolution." (b) The Town of Snowmass Village shall be allocated an amount equal to the additional i% countywide sales tax which is collected within its corporate limits. (c) Any other incorporated City or Town, lying completely or partially within the boundaries of Pitkin County, shall be allocated an amount equal to the additional 1% countywide sales tax which is collected within that portion of its corporate limits lying with Pitkin County. ;and WHEREAS, pursuant to an Intergovernmental Agreement, made on the 21st day of November, 1983, the City of Aspen and the Board of County Commissioners agreed to create and constitute a public transportation entity separate and distinct from the City and County, commonly known as the Roaring Fork Transit Agency ("RFTA"). Paragraph 4.c) of said Intergovernmental Agreement provides as follows: "c) Annual Financial Support Until the county-wide sales tax is implemented, the funding support provided by the City and County to the Transit Agency shall consist of the following: 1. The County shall provide $350,000 per year for transit operations and capital expendi- tures. 2. The City shall continue to collect its 7th penny sales tax and will transfer all excess collection to the Transit Agency after the following allocations: (i) to pay the necessary principal and interest on the City of Aspen's outstanding Sales Tax Refunding Revenue Bonds, dated 12/1/82, or any bonds issued to refund that issue and amount, as those amounts become due and payable, until said obliga- 4 tions are paid and canceiled. (ii) to provide for a food tax refund to the City o~ Aspen res±dents~ however, the amount to be used for this refund shall not exceed 5.4% of the 7th penny sales tax collected within the City of Aspen. (iii) to provide for the maintenance of the mall in the City of Aspen; however, the amount to be used for this maintenance shall not exceed 12.1% of the 7th penny sales tax collected within the City of Aspen. (iv) to pay the necessary principal and interest on the City of Aspen's Sales Tax Revenue Bonds, short-term notes, or to fund lease arrangements pertaining to the City's utilization of the facility or buses." ;and WHEREAS, said Intergovernmental Agreement was amended by a "Supplemental Agreement" by and between the City of Aspen and Board of County Commissioners, executed April 13, 1984, which set forth a payment schedule for the City and County's annual financial support of the Transit Agency pursuant to the aforesaid Section 4.c) of the Intergovernmental Agreement; and WHEREAS, the City Council desires to conditionally rescind the levy of the one percent (1%) city retail sales tax approved by the electors of the City of Aspen on November 7, 1972, in order to effectuate the additional one (1%) percent county sales tax for transportation purposes, subject, however, to the following conditions: i. That there be paid from the proceeds of the addi- tional one (1%) percent county sales tax the necessary principal and interest on the City of Aspen's Sales Tax Refunding Revenue Bonds, Series December 1, 1982, or any bonds hereafter issued to refund such issue in whole or in part, as any of those obligations become due and payable, until said obligations are paid in full and cancelled, and that the owner of said bonds consents to the substitution of such source for payment; ii. That there be paid from the proceeds of the addi- tional one (1%) percent county sales tax Food Tax Refunds to the City of Aspen residents in an amount not to exceed in any year 5.4% of that portion of the additional one percent (1%) county sales tax collected in that year within the City of Aspen; iii. That there be paid to the City by the County, funds for the maintenance (including construction) 5 of the mall in the City of Aspen, in an amount of 12.1% of that portion of the additional one percent (1%) county sales tax collected in that year within the City of Aspen; iv. That the lease arrangements and contractual obli- gations pertaining to the City of Aspen's utiliza- tion of the Roaring Fork Transit Agency facility or buses be assumed by the Roaring Fork Transit Agency, including; (a) the obligations of the City of Aspen pursuant to that Agreement dated May 25, 1979, between Elder/Quinn & McGitl, Inc. and the City of Aspen; and (b) the City's obligations pursuant to the cooperative agreement between the City and County, whereby the City of Aspen agreed to pay the cost of twenty percent (20%) of the full purchase price of the sixteen (16) transit coaches and accessory equipment as identified in the County's contract with Neoplan, U.S.A.; and (c) that certain Lease Agreement dated December 1, 1983, between the City of Aspen and Pitkin County, Colorado; v. The County agrees that it shall not unilaterally terminate the RFTA Agreement except in compliance with paragraph 7 of the Agreement attached hereto; vi. That the Board of County Commissioners of Pitkin County, Colorado, ratify this Ordinance by Resolu- tion adopted after a public hearing, and execute the annexed Intergovernmental Agreement acknow- ledging and agreeing to all of the aforesaid conditions. vii. The imposition of an increase in the Pitkin County sales tax from two percent (2%) to three percent (3%). viii. That the lease be cancelled and terminated and the pledge of the City's 7th Penny Sales Tax Revenues pursuant thereto as a source of payment for the County's Sales Tax Revenue Bonds, Series 1983, be thereby extinguished, such bonds to be thereafter payable solely from the County's 1% sales tax for transportation purposes and otherwise as provided in the Resolution of the Board of County Commis- sioners authorizing said bonds. ;and WHEREAS, the Board of County Commissioners, as an inducement to the City of Aspen to rescind the levy of its 7th penny sales tax as presented in this Ordinance, has given the City assurances that the conditions set forth above will be performed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That that Ordinance, approved by the electors of the City of Aspen on September 7, 1972, be and the same is hereby 6 amended so as to conditionally rescind the levy of the additional one (1%) percent City retail~ sales tax provided therein, and for such purposes, said Ordinance is hereby amended to rescind the imposition of the additional one (1%) percent retail tax. and therein reduce the City retail sales tax in the City of Aspen from two percent (2%) and at an equivalent two percent (2%) bracket system rate to one percent (1%) and at an equivalent one percent (1%) bracket system rate, upon the selling of tangible personal property upon every retailer or furnishing of services in the City of Aspen, subject to the following conditions: (i) That there be paid from the proceeds of the addi- tional one (1%) percent county sales tax the necessary principal and interest on the City of Aspen's Sales Tax Refunding Revenue Bonds, Series December 1, 1982, or any bonds hereafter issued to refund such issue in whole or in part, as any of those obligations become due and payable, until said obligations are paid in full and cancelled, and that the owner of said bonds consents to the substitution of such source for payment; (ii) That there be paid from the proceeds of the addi- tional one (1%) percent county sales tax food tax refunds to City of Aspen residents in an amount not to exceed 5.4% of that portion of the addi- tional one percent (1%) county sales tax collected in that year within the City of Aspen, which condition is included in the Agreement, attached hereto; (iii) That there be paid to the City funds for the maintenance (including construction) of the mall in the City of Aspen in an amount of 12.1% of that portion of the additional one percent (1%) county sales tax collected in that year within the City of Aspen, which condition is included in the Agreement, attached hereto; (iv) That any and all outstanding lease arrangements and contractual obligations pertaining to the City of Aspen's utilization of the Roaring Fork Transit Agency's facility or buses be assumed by the Roaring Fork Transit Agency, including: (a) the obligations of the City of Aspen pursuant to that Agreement dated May 25, 1979, between Elder/Quinn and McGill, Inc. and the City of Aspen; (b) the City of Aspen's obligations pursuant to the cooperative agreement between the City of Aspen and Pitkin County, in which the City of Aspen agreed to pay the cost of twenty percent (20%) of the full purchase price of the sixteen (16) transit coaches and accessory equipment as identified in the County's contract with Neoplan, U.S.A.; and (c) the obligations of the City pursuant to that Lease Agreement dated December 1, 1983, 7 between the City of Aspen, Colorado, and Pitkin County, Colorado. (v) The County agrees that it shall not unilaterally terminate the RFTA Agreement except in compliance with paragraph 7 of the Agreement attached hereto; (vi) That the Board of County Commissioners of Pitkin County, Colorado, ratify this Ordinance by Reso- lution adopted after a public hearing and execute the annexed Intergovernmental Agreement acknow- ledging and agreeing to all of the aforesaid conditions, which action was taken on May 6, 1985; and (vii) The imposition of an increase in the Pitkin County sales tax from two percent (2%) to three percent (3%). (viii) That the lease be cancelled and terminated and the pledge of the City's 7th Penny Sales Tax Revenues pursuant thereto as a source of payment for the County's Sales Tax Revenue Bonds, Series 1983, be thereby extinguished, such bonds to be thereafter payable solely from the County's 1% sales tax for transportation purposes and other- wise as provided in the Resolution of the Board of County Commissioners authorizing said bonds. Section 2 Effective Date - The rescission of the levy of the one (1%) percent sales tax shall become effective and shall be en- forced as of July 1, 1985, provided that the additional one (1%) percent county sales tax authorized in the Board of County Commis- sioners' Resolution No. 29 (Series of 1983) is lawfully imposed and collected on said date and that the applicable conditions set forth in Section 1 have been satisfied. Section 3 That the City Manager is hereby empowered and authorized to take all administrative actions and execute said documents (including the annexed Intergovernmental Agreement which is hereby approved) as may be necessary to implement the provisions of this Ordinance. Section 4 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 8 Section 5 A public hearing on the Ordinance shall be held on the day of , 1985, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the ~ day of ~ , 1985. FINALLY adopted, passed and approved this /~ day of  , 1985. William L. Stzrling, Mayor ~ ATTEST: Kathryn S.~och, City Clerk ENDORSED by the Board of County Commissioners of Pitkin County, Colorado, this ~ day of /~ ~,. , 1985. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: / Tom Blake, Chairman ATTEST: Cler RECORD OF PROCEEDINGS 100 Leaves STATE OF COLO~DO CERTIFI~TE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do he~e~ certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on ~J , 1985, and published in the Aspen Times, a weekly newspaper of general circulation p~lished in the City of Aspen,Colorado, in its issue of ~J~ 1985, andwas finally adopted and approved at a regular meeting of the City Council on //~. ' /~ 1985, and ordered published as Ordinance' No. ~ , Series of 1985, of said City as provided ~ law. IN WITNESS WHEREOF, I have hereunto set ~ hand and the seal of said City of Aspen, Colorado this __~_~ ..... day of ~ 1985. Kathryn S~Koch, C~ty Clerk Deputy City Clerk