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. Osterfoss, May
4
Ordinance No. 22, Series of 1993
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