HomeMy WebLinkAboutResolution-1975-0376
Introduced by Alderman Hulsey
RESOLUTION NO. 375
Series of 1975
(City of Wheat Ridge, Colorado)
A RESOLUTION DESIGNATED BY THE SHORT TITLE
"4-1-75 SPECIAL ELECTION AMENDATORY RESOLU-
TION;" AND AMENDING RESOLUTION NO. 369, DE-
SIGNATED BY THE SHORT TITLE "4-1-75 SPECIAL
ELECTION RESOLUTION," AND SUBMITTING TO THE
ELECTORS OF THE CITY OF WHEAT RIDGE AT A
SPECIAL ELECTION TO BE HELD ON APRIL 1, 1975,
THE QUESTION OF INCREASING THE CITY SALES TAX
AND THE QUESTION OF THE CITY INCURRING GENERAL
OBLIGATION BONDED INDEBTEDNESS.
WHEREAS, the City Council of the City of Wheat Ridge,
In the County of Jefferson and State of Colorado (herein the
"Council," the "City," the "County," and the "State," respec-
tively), by Resolution No. 369, adopted by the Council on
February 6, 1975, and designated by the short title "4-1-75
Special Election Resolution," has submitted to the registered
qualified electors of fhe City (herein the "Electors") at a
special election to be held on April 1, 1975, (herein the
"Election") :
1. The question of increasing the City's sales tax
from one percent to two percent for the purpose primarily of
defraying with the proceeds of such additional tax, indirectly
and directly, and wholly or In major part, the costs of capital
improvements acquired for the City, as more specifically stated
in the proposed 6-1-75 Additional Sales Tax Ordinance, hereto-
fore introduced, read in full and ordered published and posted
by the Council (herein the "Sales Tax Question"); and
2. The question of incurring a bonded indebtedness
for the purpose of defraying, wholly or in part, the cost of
constructing, otherwise acquiring, reconstructing, grading and
otherwise improving storm sewers and other drainage facilities
for the City, and the purchase and other acquisition of land, in-
terests in land, equipment and other appurtenances therefor, in-
cluding, without limitation, the construction of drainage im-
provements for the Lena Gulch area and the Harlan Street drainage
area, and the construction of other drainage improvements (herein
the "Bond Question" and the "Project," respectively); and
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WHEREAS, the Council desires to correct clerical errors
In such resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE, COLORADO:
Section A. This resolution shall be known as and may
be cited by the short title "4-1-75 Special Election Amendatory
Resolution" (herein this "Instrument").
Section B. Section 5 of the 4-1-75 Special Election
Resolution be, and the same hereby lS, amended to read as follows:
Section 5. The ballots on the automatic voting ma-
chines to be used at the Election for voting and registering
votes cast, if any, shall show the nature of each the Sales Tax
Question and the Bond Question, and the ballot labels for each
such measure shall contain the submission clause designated
therefor, a condensed statement of such measure, accompanied
by the words "For the tax" and "Against the tax" and the words
"For the bonds" and "Against the bonds", respectively. The voting
machines used at the Election shall carry ballot labels and the
submission clause for each question, and such ballot labels shall
be in substantially the following form:
(Form of Ballot Labels)
SALES TAX QUESTION
For the tax
Against the tax
ADDITIONAL CITY SALES TAX
(Insert in each ballot label
as printed for the Sales Tax Question
the Tax Submission Clause
substantially as stated in
~ 3 of this Instrument.)
BOND QUESTION
For the bonds
Against the bonds
STORM SEWER AND DRAINAGE BONDS
(Insert in each ballot
label as printed for
the Bond Question the
Bond Submission Clause substantially
as stated in ~ 3 of this Instrument.)
Each Elector voting by such a voting machine on each question
or either question upon which the Elector desires to vote shall
indicate his choice by depressing the appropriate counter of
the voting machine which counter indicates the words expressing
his choice thereon.
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Section C.
Section 8 of the 4-1-75 Special Election
Resolution be, and the same hereby is, amended to read as
follows:
Section 8. The votes cast at the Election on each
question shall be canvassed and tallied and the returns thereof
made and the result thereof declared in substantially the same
manner as is provided by law. If a majority of all the votes
cast on the Sales Tax Question at the Election shall be for the
additional sales tax described ln the question, it shall then
be lawful for the City to cause to be collected the additional
City sales tax under the 6-1-75 Additional Sales Tax Ordinance,
cOTIunencing on June 1, 1975, if the City Clerk gives to the Execu-
tive Director of the State's Department of Revenue at least 60
days prior to the effective date of the additional City sales tax
written notice of the approval at the Election of the Sales Tax
Question; but if such proposal lS so approved and if such 60 day
notice is not properly given prior to June 1, 1975, the effective
date of the additional City sales tax shall be the first day of
the month next succeeding the expiration of the 60 days after
such notice is properly given. If a majority of all the votes
cast on each the Sales Tax Question and the Bond Question shall
be for the levy of the additional City sales tax and for the
lssuance of the bonds as respectively provided in such questions,
it shall be lawful for the Council by ordinance, to authorize
the proper officers of the City to issue the negotiable, coupon,
general obligation bonds of the City in accordance with the
Bond Question, subject to the limitations imposed by the reCl-
tals of this Instrument and otherwise imposed by law.
Section D. If any section, paragraph, clause or pro-
vision of this Instrument shall for any reason be held to be in-
valid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause or provision shall not affect
any of the remaining provisions of this Instrument.
Section E. The Council finds that this Instrument lS
necessary for the immediate preservation of the public health
and public safety and determines that this Instrument shall take
effect immediately upon its passage.
ADOPTED AND APPROVED this February 27, 1975, by a vote
of 5 to 1.
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Mayor
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(SEAL)
Attest:
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City Clerke' i
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