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repealed.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repealed effective 12:00 P.M. Midnight, June 30, 1973 so as to allow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has repealed its ordinance levying a local tax on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