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HomeMy WebLinkAbout1993-22 Submitting to the Registered Electors of the Town of Vail at the Regular Municipal Election to be Held on Tuesday the 16th of November 1993 the Question of Whether the Town Sales Taxes Should Increase by the Imposition of a New Sales Taxa ORDINANCE NO. 22 SERIES OF 1993 AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL AT THE REGULAR MUMCIPAL ELECTION TO BE HELD ON TUESDAY, THE 1Sth OF NOVEMBER, 1993, THE QUESTION OF WHETHER THE TOWN OF VAIL SALES TAXES SHOULD INCREASE $2,100,000.00 ANNUALLY BY THE IMPOSITION OF A NEW SALES TAX OF 0.9% ON RESTAURANTS AND BARS AND A NEW SALES TAX OF 1.$% ON LODGING BEGINNING ON JANUARY 1, 1994, AND EACH SUBSEQUENT YEAR; THE ANNUAL REVENUES SHALL BE DESIGNATED EXCLUSIVELY FOR THE CONSTRUCTION, MARKETING AND OPERATION OF A PERFORMANCE AND CONFERENCE CENTER; AUTHORIZING THE TOWN OF VAIL TO INCREASE DEBT UP TO $14,400,000.00 BY ISSUANCE OF NEGOTIABLE INTEREST BEARING BONDS FOR THE PURPOSE OF PROVIDING THE CONSTRUCTION, MARKETING AND OPERATION OF A PERFORMANCE AND CONFERENCE CENTER; PROVIDING FOR THE CESSATION OF SUCH PORTION OF THE TAX INCREASE THAT 15 NO LONGER NECESSARY TO SERVICE THE REVENUE BONDS; SETTING FORTH THE BALLOT TITLE; PROVIDING FOR NOTICE OF THE ELECTION; PROVIDING FOR CONDUCT OF THE ELECTION; PROVIDING FURTHER DETAILS IN RELATION TO THE FOREGOING. WHEREAS, the Vail Town Council on the 20th day of July, 1993, passed Resolution No. 8, Series of 1993, establishing its support of the Vaii Valley Performance and Conference Center and placing certain contingencies upon such support; and WHEREAS, the contingency concerning the economic feasibility of the Vail Valley Performance and Conference Center has been fulfilled; and WHEREAS, the Vail Town Council wishes to submi# to the registered qualified electors of the Town at the next Regular Municipal Election for approval a 0.9% tax on restaurants and bars and 1.B% tax on lodging which revenue will be dedicated to the construction, marketing, and operations of a performance and conference center; and WHEREAS, consistent with the aforementioned tax, the Town of Vail would issue revenue bonds in the amount of $14,440,QQ0.00; and WHEREAS, the portion of the tax that is required to finance the debf of the revenue bonds will sunset when the debt is retired; and WHEREAS, the aforementioned taxes if approved would be collected in 1994, and each subsequent year and be collected and retained for no longer than four ~4) years before construction begins on a facility which incorporates a performance and conference center consistent with the total public and private funds available; and WHEREAS, the funds collected and retained will not be included within the general revenue of the Town of Vail; and WHEREAS, the collection, retention, and expenditure of the full revenues derived from such tax and the proceeds of said bands will not be limited by State revenue or expenditure Ordinance No. 22, Series o! 1993 limitation of Article X, Section 20 of the Colorado Constitution; NOW, THEREFORE, be it ordained by the Town Cauncii of the Town of Vaii, Colorado: SECTION 1. At the regular municipal election #o be held in the various precincts and at the polling places of the Town of Vail on Tuesday, the 16th day of November, 1993, between the hours of 7:00 A.M. and 7:Q0 P.M., there shall be submitted to the vote of the registered electors of the Town of Vail the question herein authorized. SECTION 2. At the said election, the official ballot, including absentee ballots, shall state the substance of the question to be voted upon and so stated shall constitute the ballot title, designation and submission clause, and each registered elector voting at the election shall indicate his or her choice on the question submitted, which shall be in the following form: SHALL THE TOWN OF VAIL SALES TAXES BE INCREASED $2,900,OOOAO ANNUALLY BY THE IMPOSITION OF A NEW SALES TAX OF 0.9% ON RESTAURANTS AND BARS AND A NEW SALES TAX OF 1.8% ON LODGING BEGINNING ON JANUARY 9, 1994, AND EACH SUBSEQUENT YEAR AND SHALL THE TOWN OF VAIL DEBT BE INCREASED UP TO $14,440,000.00 WITH A REPAYMENT COST OF $27,697,690A0? THE ANNUAL REVENUES AND DEBT SHALL BE DESIGNATED EXCLUSIVELY FOR THE CONSTRUCTION, MARKETING AND OPERATIONS OF A PERFORMANCE AND CONFERENCE CENTER. THE PORTION OF THE TAX THAT IS REQUIRED TO FINANCE THE DEBT OF THE REVENUE BONDS WILL EXPIRE WHEN THE DEBT IS RETIRED. THE REVENUES WILL BE COLLECTED AND RETAINED FOR NO LONGER THAN FOUR (4) YEARS CONTINGENT UPON THE BEGINNING OF CONSTRUCTION ON SUCH FACILITY AND tF SUCH CONSTRUCTION HAS NOT BEGUN BY DECEMBER 31, 9997, A VOTE TO DETERMINE THE DISPOSITION OF THE UNSPENT TAX REVENUES WILL BE HELD AT THE GENERAL MUNICIPAL ELECTION IN NOVEMBER, 1998. SHALL DURING THE PERIOD OF COLLECTION AND RETENTION OF THE TAX, SUCH REVENUE NOT BE INCLUDED WITHIN THE GENERAL REVENUE OF THE TOWN OF VAIL AND SHALL THE PROCEEDS OF SUCH BONDS AND THE REVENUES FROM SUCH TAXES AND ANY EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE 2 Ordinance No. 22, Series of 1983 COLLECTED AND SPELT WITHOUT LIMITATION OR CONDITION, NOTWITHSTANDWG ARTICLE X, SECTION 20, AND WITHOUT LIMITING THE COLLECTION OR SPENDING OF OTHER REVENUES OR FUNDS BY THE TOWN OF VAIL UNDER ARTICLE X, SECTION 20, OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? IT IS THE INTENTION THAT THE TAX REFERENCED ABOVE BE FULL REPAYMENT FOR THE BONDS. FOR THE MEASURE AGAINST THE MEASURE SECTION 3. if a majority of all the votes cast at the election shall be for the measure, the measure shall be deemed passed, and the Town of Vail shat! be authorized to collect and retain the full revenues in accordance with the approved measure and such revenues and expenditures will be separate and apart from any other expenditure of the Town which may be limited pursuant to Article X, Section 20 of the Colorado Constitution and notwithstanding the passage of any other State of Colorado initiative limiting such collection or expenditure, and the revenues authorized for expenditure by the passage of this measure shall not be counted in any such expenditure limitation. SECTION ~. The election shall be conducted under the provisions of the Charter and ordinances of the Town of Vail and, to the extent applicable, under the provisions of the Colorado Municipal Election Code as set forth in Title 31, Article i0 of the Colorado Revised Statutes {C.R.S.}. SECTION 5. The Town Clerk of the Town of Vail shall give public notice of the election on the question hereby submitted (a) by causing the notice to be published in the Vaii Trail as provided by law, (b) by mailing to "all registered voters" at each address within the Town of Vail at which a voter is registered no sooner than twenty five (25} days before the election and no later than fifteen (15} days before the election a notice entitled "Notice of Election on a Referred Measure". This notice shall include only: (1 }the election date and hours for voting, {2) the ballot title, (3) the text of the measure to be voted upon, (4} the office address and telephone number of the Town Clerk, and {5} two {2) summaries, not more than five hundred (500} words each, one { 1 }for and one {1 }against the measure, of written comments filed with the Town Clerk no later than thirty {30) days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the measure to be voted upon. The Town Clerk shall maintain on file and accurately summarize all relevant written comments. SECTION 6. The officer of the Town of Vail are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. SECTION 7. The Town Council finds and declares that this ordinance is a matter of local concern pursuant to Article XX, Section 6 of the Constitution of the State of Colorado. SECTION 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining 3 Ordinance No. 22, Series of 1993 portions of this ordinance; and tiie Town Council hereby declares i# would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 9. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. SECTION 14. The repeal or the repeal and reenactment of any prov[sion of the Municipal Code of the Town of Vaik as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 11. Ali bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repeater shall net be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of September, 1993, and a public hearing shall be held an this Ordinance on the 19th day of October, 1993, at 7:34 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. G (~ Marge et~~rfoss, Mayor ;~~ ~' ATTEST: ~_ ~~~~~~ Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of Octaber, 1993. A T: Holly L. McCutcheon, Town Clerk C;IORg9322 ~. ~~,~ Marg et A. 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