HomeMy WebLinkAboutbocc.min.reg.10071968October 7, 1968
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The Board of County Commissioners of Pitkin County, Colorado, met at 16:00 o'clock AM, October
~, 1968 with the following present Chairman T. J. Sardy; Commissioners Orest A. Gerbaz; J. Sterling Baxter;
;obert Delaney County Attorney absent having been excused; Peggy E. Coble, Ccu?ity Clerk.
Bills were audited, approved and ordered paid from various funds as follows:
GENERAL FtTND: $22,864.71
ROAD AND BRIDGE FUND: 15,244.97
COUNTY CLERK'S CLEARING FUND: 6,569.87
SPECIAL LIBRARY 212.45
HOSPITAL ANTICIPATION WARRANT RETIREMENT FUND: 3,125.00
HOSPITAL OPERATING FUND: 3,125.00
Mr. Richard Lee and William Clark appeared on behalf of the Aspen schools and requested
approval by the Commissioners to request from the State approval of a request for increase in Levy. Upon motion
3uly made and passed the request was granted.
LTOOn motion cu~a made, seconded and approved the following resolution was unanimously adopted:
SlHLES rl'Ak RESOT,lJTZON
WHEREAS, the 46th General Assembly of the State of
Colorado, by House Bill No. 1141, which became effective July 1,
1967, made provisions for a county-wide sales tax; said act pro-
vides for the submission of such sales tax proposal to an election
by the c7ualified electors of the County by Resolution of the Board
of County Commissioners,
AND, WHEREAS, Section 4 (3) of said Act provides in
part:
"Such county-wide sales tax proposed by resolution
of the Board of County Commissioners shall be sub-
mitted at the next regular general election if there
be one within the next succeeding one hundred twenty
(120) days after the adoption of such resolution."
WHEREAS, the Board of County Commissioners of the County
of Pitkin and State of Colorado, after long consideration have
decided to refer to the qualfied electors of the County of Pitkin,
State of Colorado, to be determined by a majority voting thereon,
the quo stion of whether such tax shall be approved or disapproved;
AND, WHEREAS, such Board of Ccunty Commissioners, after
long consideration, and after extended consultation with officials
of the City of Aspen, have concluded and do find and determine:
1. That a growth and development period of major propor-
ti,ons is under way in Pitkin County, particularly in the Aspen area,
which may be expected to continue for several years.
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2. The rapid increase in population, especially of a
transient nature; the relatively low ratio of private land and
property in comparison to untaxed government land and property
particularly used by the transient public; the continued removal
of property from the tax rolls, utilized primarily for the benefit
of the transient public; the constantly increasing needs and
demands for local governmental services and facilities; the statu-
tory limitations on county ad valorem levies and the legal res-
trictions and limitations on the imposition of taxes by the City
d f r ma 'or
of Aspen, in addition to the rapidly increasing nee o ~
capital improvements to provide needed governmental services, have ~~i~
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~~ created a state of emergency which will result in curtailment and
failure to provide necessary governmental facilities and services
~- - - unless sales tax revenues can be collected and utilized.
3. The County Commissioners and the City of Asper. declare
as a matter of policy that sales tax revenues to the greatest extent
possible should be allocated and used for capital improvements;
for parks a~~d recreational facilities; for airport improvements,
roads, highways and other transportation needs; and for the preser-~
vation, protection, promotion and-publicity of the natural and
developed resources of Pitkin County.
4. In keeping with these objectives, the County of
Pitkin and City of Aspen will allocate as much as possible of the
sales tax revenues to:
(a) Improvement o~ the Pitkin County Airport.
(b) The acquisition, development and maintenance of Parks,
open spaces and public recreational facilities.
(c) Maintenance and improvement, as well as payment of debt
on the existing City-County Sanitary Land Fill Dump area.
(d) Publicity, advertising and promotion.
5. This sales tax, if enacted, by being imposed uniformly
on those w:ZO utilize governmental services and facilities in Pitkin
County will equalize the tax burden by reducing the proportion of
governmental costs and expenses that must be obtained from property
taxes.
WHEREAS, said Act provides for publication of such sales ~ `)t;`?
tax proposal, and requires that the proposal shall contain certain
provisions concerning the amount, levying, and scope of said tax,
NOW, THEREFORE, BE IT RESOLVED, that there shall be
referred to the qualified electors of the County of
Pitkin at the general election to be held on Tuesday,
November 5, 1968, the following proposal:
"RESOLVED, That a county-wide sales tax in accordance
with the provisions of House Bill No. 1141, enacted by
the 46th General Assembly of the State of Colorado, is
hereby imposed for the privilege of selling tangible
personal property at retail upon every retailer in the
County of Pitkin in accordance with the following schedule;
(a) On sales of one cent (1¢) and including eighteen
cents (18¢) - no tax.
(b) On sales of nineteen cents (19¢) and including
fifty-one cents (51¢) - a tax of one cent (1¢).
(c) On sales of fifty-two cents (52¢) and including
one dollar (51.00) - a tax ~y two cents (2¢).
(d) On sales in excess of one do~.lar ($1.00), the tax
sha 11 be twa cents (2¢) on each full dollar of the
sales price, plus the tax applicable on the frac-
tional part of a dollar of each such sales price,
as set forth in paragraphs (a), tb) and (c) above.
The sales ±~ax shall be imposed upon every retailer in
the County of Pitkin on all retail sales consummated
at the place of business of the retailer, unless the
tangible personal property sold is delivered by the
retailer, or his agent, to a destination outside
tYae limits of the County of Pitkin, or to a common
carrier for delivery to a destination outside the
limits of the County of Pitkir_. The gross receipts
from such sales shall include delivery charges, when
such charges are subject to the State sales and use
tax imposed by Article 5 of Chap`er 138, C.R.S. 1963,
as amended, regardless of the place to which delivery
is made. In the event a retailer has no permanent
place ~f rosiness in the County of Pitkin, or has more
than one place of business , the place or places at ~I r ,+-y.~ -~
which the retail sales are consummated for the pu_r- - ~..
pose of a sales tax imposed by this proposal shall
be determined by the provisions of Article 5 of
Chapter 138, C.R.S. 1963, as amended, and by the
rules and regulations promulgated by the Department
of Revenue. The amount subject to tax shall not in-
clude the amount of any sales or use tax imposed by
Article 5 of Chapter 138, C.R.S. 1963, as amended.
The sales tax imposed shall be remitted to the Director
of Revenue of the State of Colorado, as providedi in
the said House Bill No. 1141, and by him sYlall be dis-
tributed to the County of Pitkin and to the City of
Aspen in the proportion of 47/ to the County of Pitkin
and 53/ to the City of Aspen. The sales tax shall be
subject to all the provisions of House Bill No. 1141
of the 46th General Assembly cf the State of Colorado."
BE IT FURTHER RESOLVED, that if the majority of the
qualified electors voting thereon, vote"For approval
of the County-wide sales tax" such county-wide sales
tax shall be effective beginning July 1, 1969.
BE IT FURTHER RESOLVED, that the County Clerk shall
publish the text of this sales tax proposal four
separate times, a week apart, in the official news-
paper of the County of Pitkin.
BE IT FURTHER RESOLVED, that the cost of the election
shall be paid from the General Fund of this County.
BE IT FURTHER RESOLVED, that the conduct of the election
shall conform, so far as is practicable to the General
Election laws of the State of Colorado, and as provided
for in Section 4 of House Bill No. 1141, enacted by the
46th General Assembly of the State of. Colorado.
BE IT FURTHER RESOLVED, that the Board of County Com-
missioners of the County of Pitkin, may by separate
and additional Resolution define in greater detail any
terms and definitions that may be required to implement
this proposal for the best interests and the preservation
r
of the public peace, health, safety and welfare of the
citizens of the County of Pitkin.
BE IT FLFRTHER RESOLVED, that if any provision of
this Resolution or the application thereof to any `~ C?~
person or circumstance is held invalid, such
invalidity shall not affect other provisions or
applications of this Resolution which can be given
effect without the invalid provision or application,
and to this end, the provisions of this Resolution
are declared to b~ severable.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the valid
question. on the County wide sales tax proposal that shall
be referred to the qualified electors of the County of
Pitkin at the General Election to be held on Tuesday,
November 5, 1968, shall be:
PITKIN COUNTY-WIDE SALES TAX
"Shall a county-wide sales tax in accordance with the
following schedule
(a) On sales of one cent (1¢) and including eighteen
cents (18¢) - no tax.
(bj On sales of nineteen cents (19¢) and including
fifty-one cents (51¢) - a tax of one cent (1¢).
(c) On sales of fifty-two cents (52¢) and including
one dollar ($1.00) - a tax of two cents (2¢).
(d) On sales in excess of one dollar ($1.00), the tax
shall be two cents (2¢) on each full dollar of the
sales price, plus the tax applicable on the frac-
tional part of a dollar of each such sales price,
as set forth in paragraphs (a), (bj and (c) above.
be imposed for the privilege of selling :~angible personal property
at retail upon every retailer in the County of Pitkin, said sales
tax to be effective and in accordance with the proposal of the
Board of County Commissioners dated October 7, 1968, and the provi-
sions of House Bill No. 1141 enacted by the 46th General Assembly
of the State of Colorado?"
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~`"~ ~ AGAINST APPROVP.L OF THE
~_t~~-,..s FOR APPR~~~r'AL O~ Ti~E L~C}"~
COLT'iVTY-~G~7".1LE SALES TAX ~ COUNTY-WIDE SALES TAX
BE IT Fli~2THER RESOLVED, that a Notice of the adoption
_ of this county-wide sales tax proposal by a majority
of the qualified electors voting thereon shall be sub-
mitted bl. the County Clerk & Recorder to the Director
of R_ve_^_ue at least one hundred twenty (120) days prior
to the effective date of such tax together with a
certified copy of this Resolution.
BE IT FURTHER RESOLVED, that for the purposes of this
Resolution:
(a) That all retail sales are consummated at the place
of business of the retailer (which may be temporary, per-
manent, mobile, or stationary) within Pitkin County, un-
less the property sold is delivered by the retailer or
his agent or a common carrier to a final destination out-
side the limits of Pitkin County, and
(b) That taxable tangible personal property sold at a
place of business located within the boundaries of Pitkin
County to be delivered to the buyer therein from a point
outside those boundaries is subject to local sales tax,
and,
(c) That the term "gross receipts" as used in this section
is the price to the consumer and is the same amount that
is identified for state tax purposes in 138-5-2(12),
C.R.S. 1963, as amended, known as "purchase price."
IT IS HEREBY DECLARED by the BOARD OF COUNZ`Y COMMISSIONERS
of the County of Pitkin that this Resolution is necessary for the
immediate preservation of the public peace, health, safety and
welfare, and that it shall become effective immediately upon its
adoption.
ADOPTED by the BOARD OF COUNTY COMivIISSIONERS of the
County of Pitkin this 7th day of October, 1968.
Chairman
--~ ~,
Commissioner
Cormissioner
ATTEST
of the Bcard of
COL1ntV CL?mm1.SSJ..n'"'.~;rS
Mineral Leasing monies in the amount of $15,009.59 was received and was apportioned
75% Road and Bridge Fund and 25% School Funds; Forest Reserve monies in the amount of $10,829.60 was
received and apportioned 95°/° Road and Bridge Fund and 5°I° to School Funds; $947.42 in Federal Lands materials
monies was also received.
Gene Krill appeared before the Commissioners and suggested that a pay telephone be
installed in some convenient place in the Court House. After discussion the Commissioners approved the
installation.
Representatives from the Frying Pan TV Association appeared and requested participation
by the County in the installation of a booster tower informing the Commissioners that the cost was $2,795.12.
As has been the policy the county contributed 35.
Magor R et w Bh the Conwliss onerssand unanimouslyl'adopte~dlMienS-a~es ~axn~te~o~~i~'ion
Clyde Clymer and Carl Ber man
previously adopted by the Commissioners.
There being no further business the Board a.ijourned. / ~
~~ APPROVED • / ~ ' " ~ ~ , /
AT~'E ~ Chairman ~"
Clerk ttt