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HomeMy WebLinkAboutOrdinance 1849 - Ballot Question CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOOD Council Bill No. 16 Ordinance No. 1849 Series 2026 TITLE: AN ORDINANCE GIVING NOTICE OF AND CALLING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, AND SUBMITTING A BALLOT QUESTION CONCERNING AN INCREASE IN THE CITY SALES AND USE TAX OF ONE PERCENT FOR COMMUNITY CAPITAL IMPROVEMENTS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality organized and existing under Article XX of the Colorado Constitution and the Home Rule Charter of the City of Wheat Ridge ("Charter"), and governed by its elected City Council; and WHEREAS, the Council is authorized to refer questions to the voters by the Home Rule Charter and by CRS 31-11-111; and WHEREAS, the Home Rule Charter for the City of Wheat Ridge, Section 2.2 requires that a special election shall be called by resolution or ordinance of the City Council no less than 60 days in advance of such special election; and WHEREAS, the Council hereby determines that it is necessary to submit to the electors of the City, at the coordinated election to be held on November 3, 2026 (the “Election”), the question of authorizing an increase in sales and use taxes for various capital improvement purposes as described in the ballot question set forth below (the “ballot issue”); and, WHEREAS, Article X, Section 20 of the Colorado Constitution requires voter approval for any tax rate increase and for the collection, retention, and expenditure of revenues in excess of applicable constitutional limitations; and WHEREAS, the Council desires to give notice of and call a special election to be held on the same date as and coordinated with the general election on November 3, 2026. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Special election called Pursuant to Wheat Ridge City Charter Sections 2.2 and 6.3 and CRS 31-10-501 and 31-11-111, the Council hereby gives notice of and calls a Special Municipal Election to be held November 3, 2026, for the purpose of referring the Ballot Question set forth in Section 2 to the voters of the City. Section 2. Ballot Issue and Title SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED BY UP TO $11,700,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY INCREASING THE CITY SALES AND USE TAX BY ONE PERCENT (1.0%) COMMENCING ON JANUARY 1, 2027, TO BE USED FOR COMMUNITY INVESTMENTS INCLUDING: • PROACTIVE STREET AND INFRASTRUCTURE MAINTENANCE; • BICYCLE AND PEDESTRIAN SAFETY IMPROVEMENTS; • PRESERVATION OF COMMUNITY SPACES AT WILMORE DAVIS AND KULLERSTRAND ELEMENTARY SCHOOLS; • REPLACEMENT OF ANDERSON PARK OUTDOOR POOL; AND • MODERN POLICE AND CITY SERVICES FACILITIES, AND FOR THE OPERATIONS AND MAINTENANCE OF THE SAME; AND SHALL THE CITY BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND ALL REVENUES FROM SUCH TAX AS A VOTER-APPROVED REVENUE CHANGE AND EXCEPTION TO ANY SPENDING OR REVENUE RESTRICTIONS OR OTHER LIMITS UNDER SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? _______ YES _______ NO Section 3. Conduct of Election. The election shall be conducted as a coordinated election in Jefferson County in accordance with articles 1 to 13 of title 1, C.R.S. (the “Uniform Election Code”), and Intergovernmental Agreement between the Board of County Commissioners of Jefferson County, the Jefferson County Clerk and Recorder and the City of Wheat Ridge, which Agreement is hereby approved. Section 4. Authorized Action. The City Clerk and other City officials and employees are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 5 . Severability. If any section, paragraph, clause, or provision of this Ordinance shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Ordinance, it being the intention that the various parts hereof are severable. Section 6. Authority to Impose Tax. If a majority of the votes cast on the question to increase taxes submitted at the election shall be in favor of imposing taxes as provided in such question, the City, acting through the Council, shall be authorized to proceed with the necessary action to impose such taxes in accordance with such question. Section 7. Pursuant to Section 1-11-203.5, C.R.S., 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 8. Effective Date. This Ordinance shall take effect immediately upon final adoption and signature by the Mayor as permitted by Section 5.11 of the Home Rule Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of August 2026, ordered published by title in a newspaper of general circulation in the City of Wheat Ridge and in full on the City’s website, and Public Hearing and consideration on final passage set for August 24, 2026, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. ADOPTED on second and final reading following public hearing and ordered published by a vote of 8 to 0 on the 24th day of August 2026. SIGNED by the Mayor on this 25th day of August 2026. Korey Stites, Mayor ATTEST: Janeece Hoppe, City Clerk Approved as to Form: Gerald E. Dahl, City Attorney First Publication: August 11, 2026 Second Publication: August 25, 2026 Effective Date: August 24, 2026 Published: Jeffco Transcript and www.ci.wheatridge.co.us