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HomeMy WebLinkAboutOrdinance-1975-0185 - Sales Tax IncreaseINTRODUCED BY COUNCILMAN Merkl ORDINANCE NO. 185 Series of 1975 TITLE. AN ORDINANCE DESIGNATED BY THE SHORT TITLE, "ADDITIONAL SALES TAX ORDINANCE," CONCERNING THE MUNICIPAL SALES TAX OF THE CITY OF WHEAT RIDGE, COLORADO: SUBMITTING TO THE ELECTORS OF THE CITY AT THE NEXT REGULAR ELECTION, TO BE HELD ON NOVEMBER 4, 1975, A PROPOSAL FOR INCREASING THE SALES TAX OF THE CITY AND THE APPLICATION THEREOF: PROVIDING OTHER MATTERS PROPERLY RELATING THERETO: AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has found and determined an urgent need for additional revenues to balance the City's budget and for capital improvements which can only be met through additional taxation; and WHEREAS, the City Council deems it most equitable to secure additional revenue from an increased sales tax; and WHEREAS, at the regular election held on November 4, 1969, there was approved by the voters of the City of Wheat Ridge, a proposal to adopt a one percent (1%) sales tax as provided by Ordinance No. 3, Series of 1969; and WHEREAS, the Board of County Commissioners of the County of Jefferson, State of Colorado, to the best knowledge of the City Council, has not proposed or adopted a County-wide Sales Tax resolution (other than a resolution fixing a sales tax of one-half percent), and the City is not prevented from adopting this Ordinance by Section 29- 2-102 C.R.S. 1973; and the County imposes no other sales or use tax; and WHEREAS, the total sales tax in the City imposed by the State, County and City, including, without limitation the additional tax adopted by this Ordinance shall not exceed seven percent (7%) in contravention of Section 29-2-108 C.R.S. 1973; and WHEREAS, the City by this amendatory Ordinance shall increase the existing City Sales Tax of one percent (1%) as more specifically provided in Ordinance No. 3, Series of 1969, as amended by Ordinance No. 29, Series of 1970, and Ordinance No. 52, Series of 1970, by another one percent (1%) to a total of two percent (2%). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. This amendatory ordinance shall be known as and may be cited as the "Additional Sales Tax Ordinance." Section 2. Subject to the approval by a majority of the registered qualified electors of the City of Wheat Ridge, voting on the proposal hereinafter described; Sub- Section 1, Section 6, Ordinance No. 3, Series of 1969, of the City of Wheat Ridge, Colorado, shall be and hereby is Ordinance No. 185 Page 2. amended to read as follows: " Section 6, Ordinance No. 3 - Schedule of Sales Tax. (1) There is hereby impose upon all sales commodities and services specified in Section 4, a tax in accordance with the following schedule: Amount of Sale $.01 including $.18 $.19 including $1.00 Tax no tax $.02 On sales in excess of one dollar the tax shall be two cents on each full dollar of the sales price, plus the tax shown in the above schedule for the applicable fraction part of a dollar in each sales price." Section 3. Pursuant to Section 29-2-102, C.R.S. 1973, as amended, as recodified by H.B. 1089 of 1975, there is hereby submitted to the electors of the City of Wheat Ridge, at the next regular election to be held on November 4, 1975, for their approval or rejection, the Municipal Sales Tax proposal hereinafter set forth, as follows: "Shall the City of Wheat Ridge increase the City's Sales Tax from one percent to two percent as proposed in the additional sales tax ordinance?" The provisionsof the Colorado Municipal Election Code of 1965, as amended, shall cover the election on the proposal. Section 4. The officers of the City be and they are hereby, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 5. The Council has determined and does hereby declare that the need for additional revenue to defray the cost of capitol improvements and to balance the budget is critical and the present revenue sources are wholly in- adequate. In Council's judgment, fairness requires that such costs should not be supported by general (ad valorem) taxes if other funds, such as the proceeds from the additional municipal sales tax, can be made available. Section 6. Section 2 of this amendatory ordinance shall become effective on the 1st day of January , 1976 , if, but only if, the sales tax proposal is approve-Thy a majority ofthe registered qualified electors of the City voting on the proposal at the general election to be held on November 4, 1975;but if such proposal is so approved and if such thirty (30) days notice is not properly given prior to the 30th day of November , 1975 , the effective date of this ordinance shall- be tie first day of the month next succeeding the expiration of the thirty (30) days after such notice is properly given. Section 7. Emergency Clause. The provisions of this Ordinance are necessary for the immediate preservation of the public health and safety of the citizens of Wheat Ridge, Colorado, for the following reasons: (1) There is an urgent need for additional revenues to balance the budget which budget is for the fiscal year, January 1, 1976, through Ordinance No. 185 Page 3. December 31, 1976. (2) That there is an urgent need for additional revenues to defray the cost of capital improvements. (3) That this ordinance must be effective for a period of time at least thirty (30) days prior to the general election date of November 4, 1975 for the proper submission of the above proposal on the sales tax to the electorate of the City of Wheat Ridge, Colorado. Section 8. Effective Date. This ordinance shall take effect and be in force ive (5) days after publication following final passage, providing it shall have been passed by affirmative vote of three-fourths of the members of the City Council; otherwise said Ordinance shall take effect thirty (30) days after publication, following final passage. In no case, however, shall said Ordinance take effect prior to the 1st day of January , 1976 . INTRODUCED, READ, PASSED, AND ORDERED PUBLISHED AND POSTED, on first reading, by a vote of 4 to 1 this 28th day of JULY ,A.D. 1975. READ, ADOPTED AND ORDERED PUBLISHED AND POSTED, on second and final reading by a vote of 5 to 1 , this 11tn day of August ,A.D. 1975. HOMER L. ROE`5ENER.,' MAYOR A7T : e' roug m, City lerk CERTIFICATION OF PUBLISHING AND POSTM E I, Elise Brougham, hereby certify that Ordinance 185 was duly published in the Wheat Ridge sentinel on the 31st day of July , 19755 and posted by me following first reading, on the 1st day of August , 1975, at the following locations within the City of Wheat Ridge: Wheat Ridge Post Office Wheat Ridge Branch Library Columbia Heights School Prospect Malley Fire Department Wheat Ridge City Office Wheat Ridge Council Chambers Hullerstrand Elementary School I, Elise Brougham, hereby certify that Ordinance 185 was duly published in the Wheat Ridge Sentinel on the 14th day of August 11975, and following second reading was posted by me an the _ 15th day of August , 1975, at the above listed locations within the City of Wheat Ridge. e Brougham, City ~ erk