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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 -1- 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. -2- 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. (- /~, L ) ,/ , -) ,~-r Mayor 1.Lt' ,,( ~ (SEAL) Attest: A' ( , o 1 I ,. '7 Lo '- ,X ,/ 1/' [<) (", City Clerke' i J ,~) -3-