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HomeMy WebLinkAboutOrdinance-1973-0133 - Repeal WR Ord 01Introduced By Alderman Joseph Donaldson ORDINANCE NO. 133 Series of 1973 TITLE: AN ORDINANCE TO REPEAL ORDINANCE NO. 1 RELATING TO LICENSING THE BUSINESS OF SELLING CIGARETTES, IMPOSING AN OCCUPATIONAL TAX THEREON AND PROVIDING FOR ENFORCEMENT THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Repeal of Ordinance No. 1. Ordinance No. 1 passed and adopted on final reading September 16, 1969 is hereby repealed. Section 2. Date Repeal Effective. Ordinance No. 1 shall be repealed effective 12:00 P.M. Midnight, June 30, 1973 so as to allow the provisions of House Bill 1492, signed by the Governor May 30, 1973 to become effective on July 1, 1973 as provided in said Bill. Section 3. Refund. The City Treasurer is authorized to make refunds for prepaid cigarette tax provided that no refund shall be made for any decal or stamp which has been placed upon any pack or carton under the provisions of Ordinance No. 1. Section 4. Emergency Clause. The provisions of this Ordi- nance are necessary to prevent excessive taxation on cigarettes within the City of Wheat Ridge for the following reasons: 1. A statewide tax on cigarettes becomes effective on July 1st, 1973. 2. Wheat Ridge will be ineligible to receive the benefits of this statewide tax so long as Wheat Ridge has its own tax in effect. Section 5. Effective Date. This Ordinance shall take effect and be in force five (5) days after publication following final passage providing it shall have been passed by an affirmative vote of three- fourths (3/4) of the members of the City Council; otherwise said Ordinance shall take effect thirty (30) days after publication following final passage. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading by a vote of 6 to 0 this 7th day of June , A. D., 1973. READ, ADOPTED, AND ORDERED PUBLISHED AND POSTED on second and final reading by a vote of 4 to 0 this 28th day of June , A. D., 1973. ATTEST: Albert E. Anderson, Mayor/ Louise F. Turner, City Clerk PAGE 2. - ORDINANCE NO. 133 AFFADAVIT L[11 I' L J7 TW??. E.1. the CITY CLERK of the City or Town of W'J't 'T R1D .E, Cl1LDR .ID hereby certify as follows: 1. (A) That the City or Town of WHEAT RTC>`,E, COLD-U D0 has repealed its ordinance levying a local tax on ~iJr' E 3u, 1973 cigarettes, effective or (B) That the City or Town of does not levy a tax on cigarettes; 2. That such City or Town will not, after June 30, 1973, impose any fees or taxes on any person as a condition for engaging in the business of selling cigarettes nor will it attempt in any manner to impose a tax on cigarettes; and 3. That such city or Town has a formal budget and levies taxes at the present time; and 4. That such City or Town wishes to qualify for distribution of State Cigarette Tax monies under the provisions of House Bill #1492, effective July 1, 1973; and that said City or Town will take whatever action may be necessary to qualify for distributions; and 5. That the proper governmental body of said City or Town has duly authorized the making of this Certification. (signature) CITY CLERK. 1',Hc1T RIB CC LiZDO Official Capacity Dated this 29 day of JUP'E 1973, at h;HE,-,T RIDGE, COL U 111')U Colorado. > CERTIFICATION OF POSTING AND PUBLICATION We, Louise F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 133 was duly published in the Wheat Ridge Sentinel on the 14th day of June 1973 and posted by us following first reading on the 15th day of June 1973 at the following locations within the City of Wheat Ridge: Wheat Ridge Post Office Wheat Ridge Branch Library Westridge Sanitation District Columbia Heights School Prospect Halley Fire Department Wheat Ridge City Office Wheat Ridge Council Chambers We, Louise F. Turner and Helen Elise McMillen hereby ceritfy that Ordinance No. 133 was duly published in the Wheat Ridge Sentinel on the 5th day of July 1973 and posted by us following second reading on the 6th day of July 1973 at the above listed locations within the City of Wheat Ridge. Louise F. Turner City Clerk e en Elite McMillen Deputy City Clerk