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HomeMy WebLinkAboutORDINANCE 02-24ORDINANCE NO. 02-24 AN ORDINANCE REFERRING TO A VOTE AT THE APRIL 2, 2024 REGULAR MUNICIPAL ELECTION AN EXTENSION OF THE INCREASE IN THE TOWN SALES TAX RATE FROM FOUR PERCENT TO FIVE PERCENT, WITH THE REVENUES TO BE HELD AND SPENT FOR SPECIFIED PURPOSES WHEREAS, Ordinance 03-14 of the Town of Estes Park was approved by the voters of Estes Park at the general municipal election on April 1, 2014, and it increased Town sales taxes from four percent (4%) to five percent (5%) for purposes specified in that ordinance for a ten (10) year term beginning July 1, 2014 through June 30, 2024; and WHEREAS, the Town Board of Trustees wishes to refer to the voters at the April 2, 2024 general municipal election a TABOR ballot issue concerning the extension of that additional municipal sales tax of one percent (1.0%) through June 30, 2034, for the purposes specified in this Ordinance; and WHEREAS, this Ordinance is necessary for the immediate preservation of public health and safety because failure to timely place this ballot issue on the April 2, 2024 ballot would result in hazardous consequences for traffic safety, stormwater management, and fire mitigation, among other things. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Section 4 of Ordinance 03-14 is amended to read as follows: Revenues from the increase of one percent of the Town's sales tax approved by the registered electors of the Town at the April 1, 2014 election and extended by the registered electors of the Town at the April 2, 2024 election shall be used exclusively for the purposes and the percentages set forth in the ballot question on April 2, 2024 for such tax increase. The increase of sales tax from four percent (4%) to five percent (5%) shall be effective on July 1, 2014 and shall terminate on June 30, 2034. On July 1, 2034, the sales tax shall revert to four percent (4%). Section 2: Section 1 of this Ordinance shall not take effect unless and until a majority of the registered voters voting at the municipal election on April 2, 2024 vote "yes" in response to the following ballot title, which title is hereby referred to the ballot at said election: BALLOT ISSUE 1A WITHOUT RAISING ADDITIONAL TAXES, SHALL THE TOWN'S EXISTING 1 % SALES TAX APPROVED BY THE VOTERS BY BALLOT ISSUE 1A OF APRIL 1, 2014, THAT WOULD OTHERWISE EXPIRE ON JUNE 30, 2024, BE EXTENDED THROUGH JUNE 30, 2034, TO PROVIDE REVENUE FOR AND BE SPENT ON THE FOLLOWING ITEMS: (1) FORTY-SIX PERCENT (46%) FOR THE CONSTRUCTION, REPAIR, REPLACEMENT, REHABILITATION, AND RENOVATION OF STREETS WITHIN THE TOWN OF ESTES PARK. (2) TWENTY-EIGHT PERCENT (28%) FOR THE EXPANSION OF THE TOWN'S STORMWATER INFRASTRUCTURE. (3) TWELVE POINT FIVE PERCENT (12.5%) FOR THE EXPANSION AND RECONSTRUCTION OF PUBLIC TRAILS WITHIN THE ESTES VALLEY. (4) NINE PERCENT (9°/o) FOR THE IMPLEMENTATION OF A WILDFIRE MITIGATION PROGRAM BY THE ESTES VALLEY FIRE PROTECTION DISTRICT. (5) FOUR POINT FIVE PERCENT (4.5%) FOR THE MITIGATION OF WILDFIRE RISK FROM TOWN POWER DISTRIBUTION LINES. AND SHALL SUCH TAX REVENUES BE COLLECTED, RETAINED, AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Section 3: Section 3.08.160 of the Estes Park Municipal Code is hereby amended, by adding underlined material, to read as follows: 3.08.160 - Imposition; rate. There is imposed on the sale of tangible personal property and the furnishing of certain services, as specified in Section 3.08.170 below, a sales tax of five percent (5%) upon the sale at retail of tangible personal property and the furnishing of certain services as provided herein. The imposition of the tax on the sale at retail of tangible personal property and the furnishing of certain services subject to this tax shall be in accordance with the schedule set forth in the rules and regulations of the State Department of Revenue or by separate ordinance of the Town. On June 30, 2024, or such later date as approved by the electors for the extension of the tax imposed by Ordinance 03-14 and adopted by the voters as Ballot Issue 1A on April 1, 2014, the additional one percent (1%) sales tax rate imposed by Ordinance 03-14 shall be reduced by the rate amount by which sales taxes were increased by Ordinance 03-14. Section 4: If any portion of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Board of Trustees and the registered voters of the Town hereby declare that they would have passed and approved this Ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6: The Board of Trustees hereby finds, determines and declares this Ordinance is necessary for the immediate preservation of the health, safety and welfare of the Town and its residents in order to place this ballot question on the April 2, 2024, municipal election ballot, and therefore this Ordinance shall take effect immediately upon its passage and signature of the Mayor. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this 23RD day of JANUARY, 2024. TOWN OF ESTES PARK, COLORADO By: Mayor AIIEST: n Clerk | hereby certify that the above Ordinance was introduced at a regular meeting of the Board ofTrustees on the 23RD day ofJANUARY. 2024 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the 26TH day of JANUARY, 2024, all as required by the Statutes of the State of Colorado. APPROVED ASTDFORM: Town Attorney