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HomeMy WebLinkAboutResolution-1992-1298 RESOLUTION NO. 1298 SERIES OF 1992 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE CALLING A SPECIAL ELECTION FOR TUESDAY, SEPTEMBER 8, 1992, FOR THE PURPOSE OF ALLOWING THE REGISTERED ELECTORS OF THE CITY OF WHEAT RIDGE TO VOTE UPON A PROPOSED SALES TAX RATE INCREASE OF ONE HALF OF ONE PERCENT (1/2%), THE PROCEEDS OF WHICH SALES TAX RATE INCREASE WOULD BE USED FOR THE PURPOSE OF ACQUIRING PROPERTY FOR AND THEREAFTER CONSTRUCTING, AND EQUIPPING THEREON A RECREATION CENTER, WHICH INCREASED SALES TAX RATE, IF APPROVED BY THE ELECTORS, WOULD BECOME EFFECTIVE UPON ADOPTION BY THE CITY COUNCIL OF AN ORDINANCE ENACTING SAID SALES TAX RATE, PROVIDED THAT THE ONE HALF OF ONE PERCENT (1/2%) SALES TAX RATE INCREASE ADOPTED THEREBY WOULD TERMINATE NO LATER THAN SIX (6) YEARS AFTER THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, Section 2.2 of the Home Rule Charter of the City of Wheat Ridge provides that "any special municipal election may be called by resolution or ordinance of the City Council at least sixty (60) days in advance of such election. The resolution or ordinance calling a special municipal election shall set forth the purpose or purposes of such election."; and WHEREAS, section 11.1 of the Home Rule Charter of the City of Wheat Ridge, as amended by the electorate of the city on November 5, 1991, provides "the Council shall have the authority to levy and impose taxes for municipal purposes and to provide for their collection, provided that there shall not be an increase of rate of sales tax unless and until such rate increase shall be approved by a majority of the electorate voting at a regular or special municipal election."; and WHEREAS, the Wheat Ridge city Council has determined that it is in the best interest of the citizens of the city of Wheat Ridge that a recreation center be developed, equipped and operated upon property to be purchased or otherwise acquired by the City for said purpose; and WHEREAS, the Wheat Ridge City Council has determined that said project may only be accomplished upon the determination of the registered electors of the City of Wheat Ridge to increase the sales tax rate applicable to sales and other transactions within the city by one half of one percent (1/2%); and WHEREAS, the Wheat Ridge city council has determined that said one-half cent increment of increased sales tax approved thereby shall be used solely for the purpose ascribed to said half-cent sales tax increase; and WHEREAS, the Wheat Ridge city council has determined that, upon completion of the project defined herein, or at the conclusion of six (6) years from the effective date of the ordinance to be adopted by the City council enacting the sales tax rate increase authorized by the registered electors, whichever shall first occur, the rate of sales tax increase authorized by the electors shall no longer be required, and the rate of sales tax within the City of Wheat Ridge shall return to two percent (2%) (unless the electors have, before that date and in a separate election, authorized another rate of sales tax); and WHEREAS, the city Council wishes hereby to call a special election for Tuesday, September 8, 1992, and to establish the ballot questions to be voted upon by the electors at that time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge as follows: 1. Pursuant to Section 2.2 of the Home Rule Charter of the City of Wheat Ridge, the Wheat Ridge City Council does hereby call a special election for Tuesday, September 8, 1992, and does hereby specifically authorize and direct the City Clerk to undertake all actions required by law to conduct said special election. 2. Pursuant to the provisions of Section 11.1 of the Home Rule Charter of the City of Wheat Ridge, at said special election the following ballot question shall appear op the ballot for determination by the registered electors of the City of Wheat Ridge: Proposed Ballot Title: Shall the Wheat Ridge City Council be authorized to enact an ordinance increasing the rate of local sales tax by one half of one percent (1/2%), which one-half of one percent (1/2%) increase shall terminate in six (6) years or upon completion of the project defined, whichever occurs sooner, for the purpose of acquiring property for and constructing and equipping, a recreation center? Yes No 3. If a majority of the registered electors voting at said election vote in the affirmative for said proposition, the City council shall, at the earliest practicable and lawful time, adopt an ordinance conforming to the affirmative vote of the majority of said registered electors voting at said special election. 2 DONE AND RESOLVED this 22nd day of June , 1992. ATTEST: I 3