HomeMy WebLinkAbout1962-02-14 (Special) Meeting MinutesCOUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
FEBRUARY 14, 1962
SPECIAL CALLED MEETIN G:
The City Clerk read the followinp, notice of call for a special
session of the Citv Council issued by Mayor McLellan:
"'NOTICE OF CALL
FOR SPECIAL SESSION OF THE CITY COUNCIL
Pursuant to and in conformance with Section 2, Ordinance No. 3,
Series of 1960, a call for a special session of the City Council of
Englewood to be held on Wednesday, February 14, 1962 at 7:00 P.M.,
at the Council Chambers, City Hall, Englewood, is made by the Mayor
of the City of Enelewood. .
The purpose of this meeting is to adopt a resolution to authorize
the City Treasurer to collect Sales Tax set forth by Ordinance No. 32,
Series of 1961.
/s/ N. L. McLellan
Mayor
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
The following persons, all Councilmen of the City of Englewood,
Colorado do hereby acknowled~e the receipt of notice of the above
special session.
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Stanley G. Miles
R. G. Woods, Jr.
Lawrence L. Brownewell
H. R. Braun
Samuel Love
Charles H. Smukler
The Mayor called the meeting to order at 7:30 P.M., Wednesday,
February 14, 1962 and called for roll call. Upon the call of the
roll the followin~ persons were present: ·
Councilmen Braun, Brownewell, Love, Miles, Smukler, Woods, McLellan
Also Present: City Mana~er Rudd,
City Attorney Esch,
City Clerk Beausang.
Absent: None.
The Mayor declared a quorum present.
621-JS AUTHORIZATION FOR CITY TREASURER TO COLLECT SALES TAX
The City Clerk read the followinp resolution in full:
Introduced as a Resolution hy Councilman Braun
RESOLUTION
WHEREAS, Ordinance No. 32, Series o f 1961, of the Ordinances of the
City of Englewood, Colorado, provides f or the levy of a City Retail Sales
and Use Tax within said City of Enplewood, Colorado; and,
WHEREAS, on Decemher 18, 1961, the City Council of the City of
Englewood passed a resolution authorizinp, the administering, processing
and collections of said tax hy the Four-County Metropolitan Capital
Improvement District as set f orth in their letter dated December 11,
19ol; and,
WHEREAS, the Supreme Court o f the State of Colorado, on February
lJ, 1962, declared the Four-County Metropo1itan Capital Improvement
District invalid and unconstitutional, making the collection of the
City of Englewood Tax by that District illegal: and,
WHEREAS, the rulinp of the Supreme Court did not affect or question
the right of the Home Rule City to levy and collect a City Sales and
Use Tax;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Englewood, Colorado, that the resolution dealing with the administration,
processing and collection of the City of Enp,lewood Sales Tax be re-
scinded and the agreement with the Four-County Capital Improvement
District for the collection of the City of Englewood's sales tax is
hereby terminated fo rthwith f or the reason that the said District has
not the power legally to collect this City's sales tax: and,
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Minutes of February lh, 1962
BE IT FURTHER RESOLVED that the City Treasurer be authorized to proceed
with full authority as provided by Ordinance No. 32, Series of 1961, in the
administration, collection and enforcement of said ordinance as provided
therein.
Adopted and approved this 14th day of February, A. D. 1962.
AT TEST:
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Discussion ensued ~ The City Attorne y stated that the decision of the
Supreme Court was not fi nal . He sur,r,ested an amendment to the resolution
containing further orovision t hat the contract for sales tax collection be
terminated due to t h e iller ality of the District. The above amendment was
incorporated into the resolution as p resented.
COUNCI LMAN BRAUN MOVED, COUNCIL MAN BROWNEWELL SECONDED, THAT THE RE-
SOLUTION AS AMENDED BE ADOPTED AND APPROVED. Upon the call of the ro~l,
the vote resulted as f ollows:
Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun,
Mclellan .
Nay s ? None.
Ab sent: None.
Th e ~~y or declared the motion carried .
AD J OURN
COUNCILMAN BRAUN r.~O '!ED , COUNCIU:AN WOODS SECONDED, THAT THE MEETING
BE AD JOURIE D. Upon the call of the roll, the vote resulted as follows:
es : Co unci l me n \•foods, Sm ukler, gi les, Love, Brownewell, Braun,
~cLella
Nav s: No n e .
b sent : No n e .
Th e Y~y or d ecl ar e d th e meet i ad~i °"n e d at 7 :4 0 P . ~-i -
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Th e minut es o f the meetin r. o f the City Council of the City of En glewood,
Col orado, held on th e 1 4 th day of Fe b ruary , 1962 A. D., stand approved as
written 5th day of March, 196 2 A. D.
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