HomeMy WebLinkAbout1970-07-27 (Special) Meeting Agenda Packet-
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July 27, 1970, Special City
Council Meeting
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c O FFr crA v ,rr:y COIJ Nr;IL DOCU ME:Nll
INTRODUCED AS A BILL BY COUNCILMAN __ ~>~~b~~~)&~~~d~'~·~~~J~J------~~~---c~l 2 / '/Q
BY AUTHORITY
ORDINANCE NO. ~ 7
e-ouNcu.
, SERIES O~'N' EN MECIING FilE
GL..Ewooo. COLO
AN ORDINANCE AMENDING SECTIONS 16.5-3(a), 16.5-10, 16.5-16(c),
16.5-17, 16.5-20(b) AND 16.5-38, OF THE MUNICIPAL CODE OF THE
CITY OF ENGLEWOOD TO INCREASE THE TAX LEVIED BY SAID SECTIONS
FROM TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL SALE
OR ACQUISITION CHARGE, TO THREE (3) CENTS FOR EACH FULL DOLLAR
THEREOF; ESTABLISHING A SCHEDULE FOR THE COLLECTION OF SUCH
TAXES WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY TAX-
ABLE ITEM INCLUDES A FRACTIONAL PART OF A FULL DOLLAR SEGRE-
GATING AND USING SAID ADDITIONAL REVENUES FOR CAPITAL IMPROVE-
MENTS EXCLUSIVELY DECREASING THE VENDOR'S FEE FROM 2.5% TO
1.6% AND INCREASING THE ITINERANT VENDOR'S FEE FROM FORTY
($40.00) DOLLARS TO SIXTY ($60.00) DOLLARS, AND DIRECTING THAT
SAID INCREASE TAX EXPIRE ON DECEMBER 31, 1976.
WHEREAS, the City of Englewood Capital Improvement Program
is a six-year program involving the scheduling of and funding
for major physical needs of the City of Englewood; and
WHEREAS, pursuant to Article X, Part I, Section 95 of the
City Charter, the City Manager has submitted his recommendation
for a program of proposed capital projects for the fiscal year
1970 and for five (5) fiscal years thereafter; and
WHEREAS, pursuant to Article VIII, Part II, Section 56 of
the City Charter, the City Planning and Zoning Commission is
now reviewing and revising recommended Capital Improvements,
which said Commission considers necessary and desirable to be
constructed within the forthcoming five-year period; and
WHEREAS, the following, among othe~ are those Capital
Improvements considered by this Council after recommendations
made from the City Planning and Zoning Commission and the City
Manager to be of a more urgent nature and which will best pro-
mote the health, safety, order, convenience and the general
welfare of the residents and citizens of the City of Englewood.
They are: A City Storm Drainage System, City Central Fire and
Police Headquarters, School Crossing Signals, Park Replcement
Program, Major Fire Apparatus and Public Library Expansion.
WHEREAS, the Council finds and determines that the most
secure, favorable and reliable source of revenue to finance
said Capital Improvements is the temporary increase of the
City's Sales and Use Tax by one (1) cent; and
WHEREAS, it is the intention of the Council, as expressed
in this ordinance, that all revenue realized from said temporary
increase shall be segregated and deposited in a separate account
and used solely and exclusively for Capital Improvements with
substantial sums devoted to the construction of a City Storm
Sewer Drainage System; and
WHEREAS, the Council intends and contemplates that such
additional one (1) cent tax increase as set out herein shall
cease and again revert to a two' (2) cent level on December 31,
1976. I . •
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. Section 16.5-3(a) of the Municipal Code of the
City of Englewood is hereby amended to read as follows:
"Section 16.5-3 Sales Tax Levy.
(a) There is hereby imposed upon all sales of
all items specified in Section 16.5-2 within the boundaries
of the City of Englewood a tax in accordance with the
following schedule:
Amount of Sale
$0.01 including $0.18 •.•..•••....•.•..... no tax
$0.19 including $0.51 .•••••..........•••. lc
$0.52 including $0.84 ...•.....••.••..•••. 2c
$0.85 including $1.00 ••..•.••..•.•••..••• 3c
On sales in excess of $1.00, the tax shall be 3c on
each full dollar of the sales price, plus the tax
shown in the above schedule for the applicable frac-
tional part of a dollar of each such sales price."
Section 2. Section 16.5-10 of the Municipal Code of the
City of Englewood is hereby amended to read as follows:
"Section 16.5-10 Itinerant Vendors.
Any retailer who does not intend to be actively
engaged in selling for a period greater than three (3)
consecutive months, shall, prior to obtaining said
license, deposit with the Director of Finance, a cash
or surety bond in the amount of Sixty Dollars ($60.00)
for the benefit of the City, in such form as may be
approved by the said Director of Finance, which bond
shall be conditioned upon and security for the payment
of the retail sales taxes due or to become due. Such
retailers shall make reports of the amount of taxes
collected, shall pay the same to the City of Englewood
upon such forms and at such times as the Director of
Finance may require. A failure to make such report or
to pay any tax due at the time specified shall cause
an immediate suspension of the license and the forfeiture
of the bond posted."
Section 3. Section 16.5-16(c) of the Municipal Code of the
City of Englewood is hereby amended to read as follows:
"(c) The return shall be accompanied by an
amount equal to the sales tax required to be collected
by the retailer but which, in no case, shall be less
than the amount actually collected, nor less than three
per cent (37.) of the figure derived by subtracting from
the gross taxable sales, as reflected on the return, the
total sales described in (b) (2), (3), (4) and (5), above,
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as reflected on the return; provided, however, the
retailer may deduct from the total tax an amount
equal 1.6% of the sales tax required to be collected,
which may be retained by the retailer as a fee for
collecting said tax."
Section 4. Section 16.5-17 of the Municipal Code of the
City of Englewood is hereby amended to read as follows:
"Section 16.5-17 Tax on Storage, Consumption and
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There is hereby levied, and there shall be
collected from every person in the City, a tax upon
the privilege of storing, using, or consuming within
the boundaries of the City of Englewood, any articles
of tangible personal property purchased at retail from
sources outside the corporate limits of the City of
Englewood. Such tax shall be payable to, and shall be
collected by, the Director of Finance in accordance with
the following schedule:
ON STORAGE OR
ACQUISITION CHARGES
OR COST
$0.01 including $0.18 .•..•...•••..••••• no tax
$0.19 including $0.51 .•.••••••••.••.••• lc
$0.52 including $0.84 ••...•.•••..•••••• 2c
$0.85 including $1.00 ••••••.•••...•..•• 3c
On storage or acquisition charges or costs, in excess
of one dollar, the tax shall be 3c on each full dollar
of such storage or acquisition charges or cost, plus
the tax shown in the above schedule for the applicable
fractional part of a dollar of each such charges or
cost."
Section 5. Section 16.5-20(b) of the Municipal Code of the
City of Englewood is hereby amended to read as follows:
"ill Building Materials and Supplies.
Any person, partnership or corporation, who does
not maintain a permanent place of business within the
boundaries of the City of Englewood, and who shall build,
construct or improve any building, dwelling or other
structure or improvement to realty whatsoever within the
City shall, upon application for a building permit, pay
as a deposit for payment of the tax levied by Sec. 16.5-17
an amount equal to three per cent (3%)of fifty per cent
(50%) of the estimated cost of the improvement, or three
per cent (3%) of fifty per cent (50%) of the total con-
tract price, if there is a contract for the building
construction or improvement provided, however, that if
the estimated cost of the improvement or the total con-
tract price is in excess of $50,000, the Director of
Finance in his discretion and upon application to him,
may authorize a waiver of said deposit and accept the
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payment of said tax, on a monthly, quarterly, or other
basis, based upon actual purchases of materials, sup-
plies and equipment for which such tax may be due,
subject to such rules and regulations as the said
Director of Finance may adopt. In all cases where
the deposit required by the provisions of this section
is made, if it is determined, at the time of the comple-
tion of the building, dwelling or other structure of
improvement, from the invoices and statements reflecting
the purchase therefor, that the deposit made as herein
required, together with the actual payments to the City
of Englewood as a sales tax, is in excess of the actual
tax due therefor, the person making said deposit or
paying said tax may make application to the Director of
Finance for refund of any amount paid in excess of the
actual taxes due, in which event it shall be the duty of
the person making such application to furnish all neces-
sary bills and invoices evidencing over payment of the
tax, and, if the said Director of Finance is satisfied
that there has been such over payment, he shall refund
such over payment to the taxpayer."
Section 6. Section 16.5-38 of the Municipal Code of
the City of Englewood is hereby amended to read as follows:
Section 16.5-38. Purpose of Tax -Distribution
of Proceeds.
The City Council hereby declares that the purpose
of the levy of the taxes imposed by this ordinance is for
the raising of funds for payment of the general operating
expenses of the City and for Capital Improvements; pro-
vided, however, not less than one-third of all the revenues
derived from said tax shall be segregated, held apart,
and deposited into a separate "Capital Improvement Account"
and shall be used solely to fund and finance Capital Im-
provements of the City of Englewood.
Section 7. The Amendments contained herein shall become
effective commencing at 12:01 o'clock A.M. on September 1, 1970,
and, unless sooner amended or repealed1 shall expire and revert
to the original provisions as they existed prior to this Amend-
ment, at 12:00 o'clock P.M. on December 31, 1976.
Section 8. All ordinances or parts of ordinances in conflict
with or inconsistent with the provisions of this ordinance are
hereby repealed, except that this repeal shall not affect nor
prevent the prosecution or punishment of any person for any act
done or committed in violation of any ordinance hereby repealed
prior to the effective date of this ordinance.
Introduced, read in full and passed on first reading on
the ,.-;::: 16 day of 9fc· ,",/ , 1970.
)Publ_ished as a Bill for an Ordinance on the C)(/; day of ~ .... " (7 1970.
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day
day
Read by title and passed on final reading on the
of ~· ,(;r ' 1970. **~Read in full as an amended Bill for an Ordinance on the 13th
of July, 1970.
Published as an amended Bill for an Ordinance on the 16th day
of July, 1970.
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Published by title as Ordinance No.
1970, on the Ft ;5 0 day of ~, ~
Attest:
fl tJ , Series of
' 1970.
I, Stephen A. Lyon, do hereby certify that the above and
foregoing is a true, accurate and complete copy of an Ordinance
passed on final reading and published by title as Ordinance No.
d 2 , Series of 1970.
Attest:
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JULY 27, 1970
SPECIAL MEETING:
The City Council of the City of Englewood, Arapahoe
County, State of Colorado, met in special session Monday, July
27, 1970, at 8:00 P.M.
Clerk:
The following "Notice of Call" was read by the City
July 27, 1970
NOTICE OF CALL BY THE MAYOR
FOR SPECIAL SESSION OF THE CITY COUNCIL
MONDAY, JULY 27, 1970 -8:00 P.M.
The City Council of the City of Englewood, Arapahoe County,
Colorado, is hereby called to a special meeting in the City
Hall, 3400 South Elati Street, for the consideration of a bill
for an ordinance on final reading increasing the retail sales
and use tax by one cent on the dollar and the consideration of
appointments to various boards and commissions.
STANLEY H. DIAL
City Manager
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
The following persons, all Councilmen of the City of Englewood,
Colorado, do hereby acknowledge receipt of Notice of the above
special session:
/s/ Elmer E . Schwab
/s/ John J. Lay
/s/ Milton Senti
/s/ John Kreiling
/s/ Dick Lone
/s/ Howard R. Brown
Notice was given to the following Councilman who was
not in attendance:
Councilman Dhority
Mayor Schwab, presiding, called the meeting to order
and asked for roll call. Upon the call of the roll, the following
were present:
Councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab .
Absent: Councilman Dhority.
The Mayor declared a quorum present.
Mayor Schwab stated that the purpose of the meeting was
to consider increasing the retail sales and use tax by one cent
on the dollar and various appointments to boards and commissions.
Mr . Steve Meadors, 607 South Cole court, president of
the Cinderella City Merchants Association, appeared before City
Council . Mr. Meadors stated that the Association was in accord
with the capital improvement needs but believed that through ade-
quate budgeting the City would receive sufficient revenue to com-
plete the improvement projects. Mr. Meadors stated that 66 per
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cent of the sales tax received by the City was from Cinderella
City and that the additional one cent would cause other centers
to get Englewood's trade. Mr . Meadors stated that Cinderella
City alone would make the increase in the revenues needed for
the capital improvement program through increased sales. He
presented a petition signed by 99 per cent of the Cinderella
City merchants who were opposed to the tax . In closing Mr .
Meadors stated that if t he City Council still deemed it neces-
sary to increase the sales tax that it be delayed until January
l, 1971.
Discus sion ensued .
Mr. Clay Bailey, 3084 West Tufts, a member of the
Cinderella Ci ty Merchant s Association, appeared before City
Council . Mr. Ba i ley stated that the increase in the retail
sales and use tax would jeopardize all business people within
the City of Englewood as well as Cinderella City. Mr. Bailey
stated that presently 75 per cent of all merchants in Cinderella
City were operating in the red and that it was premature to raise
the sales tax.
City Council discussed Mr. Bailey's position with him.
Mr. Kendall Palmer, 5081 South Emporia, a member of
the Cinderella City Merchants Association, appeared before City
Council and stated that from his experience in Kansas City that
people would cross state lines to save one cent in sales tax.
Mr. Palmer stated that the merchants in Cinderella City must be
competitive and that they must be assured that the one cent
increas e is needed .
Mr . Steve Meadors reappeared before City Council and
stated that 30,000 people visit Cinderella City per day and that
82 per cent of the people are outside the immediate area and that
40 per cent of the peopl e in Denver have never been to Cinderella
City .
Mr. Les Nack, 4457 South Bannock, representing the
Englewood Jaycees, appeared before City Council. Mr. Nack stated
that the Jaycees believed that the City Council may be moving too
fast on the adoption of the sales tax increase and that more
information should be given the citizens before the increase is
adopted. If it is not possible to delay the sales tax increase,
the Jaycees were in opposition to it and questioned whether
sufficient research has gone into the proposed capital improve-
ments program. Mr. Nack stated that the Jaycees were concerned
whether or not there was a definite need for the increase and
what kind of guarantee there was that the money would be spent
for capital improvements.
Discussion with Mr . Nack ensued.
Mr. Doug Anderson, 2839 South Broadway, a member of
the Englewood Jaycees, appeared before City Council and stated
that in his opinion the City Council could not justify expenditures
for fire , poli c e, snorkel and other items. Mr . Anderson stated
that the City could always find ways to spend money and that there
should not be another sales tax i ncreas e •
Discussion with Mr. Anderson ensued .
Mrs. Judy Henning, 3074 Cornell Circle, representing
the Englewood Citizens for Effective Storm Drainage and Flood
Control, appeared before City Council and reiterated her position
as stated at the July 20, 1970 City Council meeting that her
group still supported the increase .
Mr. R. C. Stroh , 2886 South Corona, appeared before
City Council in favor of the sales tax increase. Mr. Stroh stated
that the sales tax means nothing to the consumer ~f quality and
service ar e th e r e .
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Mayor Schwab asked those in the a u d i enc e who were in
opposition to the s a les tax increa se to s tan d . Fo u rteen stood .
Twenty-three stood 1 n favor of the inc reas e .
Mayor Schwab called for a recess a t 9 :50 P .M. counc il
reconv e n ed at 10:25 P.M. Up on the c a l l o f t he r oll, the following
were present:
Counc1lmen Lone , Senti, Schwab .
Absent :
The Mayor declared
ORDIN AN CE NO . 27 , OF 1 970
AN ORDINA NCE AMEND I NG SECT I ONS 1 6 .5 -3 (a}, 1 6 .5 -1 0 , 1 6 .5 -
1 6 (c}, 1 6 .5-1 7 , 16 .5 -20 (b) AND 1 6 .5-3 8, OF THE MUNICIPAL CODE OF
THE CITY OF ENG LEWOOD TO INCREASE THE TAX LEVIED BY SAID SECTIONS
FROM TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL SALE
OR ACQUISITION CHARGE , TO THREE (3 } CENTS F OR EACH FULL DOLLAR
THEREOF; ES TABLISHING A SCHEDULE FO R THE COLLECTION OF SUCH TAXES
WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY TAXABLE ITEM
INCLUDES A FRAC T IONAL PART OF A FULL DOLLAR SEGREGATING AND USING
SAID ADDITIONAL REVENUES FROM CAPITAL IMPROVEMENTS EXCLUSIVELY
DECREASING THE VENDOR'S FEE FROM 2 .5% TO 1 .6% AND INCREASING THE
ITINERANT VENDOR'S FEE FROM FORTY ($4 0 .00 ) DOLLARS TO SIXTY ($60.00)
DOLLARS, AND DIREC T I NG THAT SAID I NCREASE TAX EXPIRE ON DECEMBER
3 1, 197 6 .
(Copied in fu ll i n t h e offici al Or dinance Book.)
COUN CI LMAN BROWN MOVED, COUNC I LMAN KREILING SECONDED,
THAT ORDINAN CE NO. 27 , SERIES OF 19 70 BE PASSED ON FINAL READING
AND ORDERED PUBLI SH ED BY T I TLE IN THE ENG LEWOOD HERALD AND
ENTERPRISE . Upon th e c a l l of th e roll , t h e v ote resulted as follows:
Ay es: Counc ilme n Bro wn , Krei l ing, Lay , Lone, Senti ,
Schwab .
Nay s: None .
Abs e n t: Councilman Dh ori t y .
Th e Ma y or d ecl a r ed t he mot i on carri ed.
Mayor S chwab c alled for a r ec e ss a t 10:28 P.M . Council
r e con ven ed a t 10 :29 P.M . Upon the c all o f t he r oll, the following
we r e p resen t :
Counci l men Brown , Kre iling , Lay , Lone , S e nt i< Schwab.
Absen t : councilman Dhority .
The Mayor decl a r ed a quorum present .
Ma yor Schwa b sta ted th a t the following n o minations to
the P l a n n ing a nd Zoning Commission were a ccep ted b y Ci ty Council:
Mr . Les Na ck , 4 457 South Bannock .
Mrs . J u dy Hen n ing , 3074 Cornell Circle.
Mr. Herb Mo ssba rger, 22 5 0 West Wesley Avenue.
Mr . Bill P a trick , 3250 Sou th Fra nklin .
Ma yor Schwab sta ted tha t there we r e three vacancies on
the Commissi o n , a nd City c oun ci l pro ceeded to c as t paper ballots •
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Mayor Schwab stated that there were three nominations
for the positions on the Library Board:
Mrs. Evelyn Morris , 4496 South Lincoln.
Mrs. Della Martinez, 2352 West Iliff .
Mr. Merly n Beaver, 713 East Amherst Place.
COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT
A WHITE BALLOT BE CAST FOR THE THREE NOMINEES TO THE LIBRARY BOARD.
Upon the call of the roll, the vote resulted as follows:
Schwab. Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti,
Nays: None.
Absent: Councilman Dhority.
The Mayor declared the motion carried.
After discussion it was determined that alphabetical
order would be used to establish the terms on the boards: i.e.,
Mr . Beaver's term would expire in 1971, Mrs. Martinez's term would
expire in 1972, and Mrs . Morris's term would expire in 1973.
Mayor Schwab stated that the nominations to be considered
for the Board of Adjustment and Appeals were:
Mr. Vernal Anderson, 3155 South High.
Mr. Bob Leonard, 3184 South Acoma .
Mr. Dick Wootton, 4570 South Julian .
Mr. Tom Navetta, 3055 South Acoma.
City Council proceeded with a paper ballot for the two
vacancies on the Board of Adjustment and Appeals.
Mayor Schwab stated that there were two vacancies on the
Water and Sewer Board and that the nominations to be considered were:
Mr. Bob Menger, 3963 South Delaware.
Mr. Don Fullerton, 3265 South Race.
Mr. Bob Weist, 3213 South Cherokee.
Mr. Irving Mock, 2285 West Iliff.
City Council cast a paper ballot for the two positions
on the Wat er and Sewer Board.
City Clerk Lyon announced the results of the vote for
the three positions on the Planning and Zoning Commission:
were:
Mrs . Judy Henn i ng 6 votes
Mr . Herb Mossbarger 6 votes
Mr. Bill Pa trick 4 votes
Mr. Les Nack 2 votes
Proceeding in alphabetical order those terms assigned
Mrs. Judy Henning February 1, 1971
Mr. Herb Mossbarger February 1, 1972
Mr . Bill Patrick February 1, 1973
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City Clerk Lyon announced the results of the vote for
the two positions on the Board of Adjustment and Appeals:
were:
Mr. Dick Wootton 5 votes
Mr. Bob Leonard 3 votes
Mr. Vernal Anderson 2 votes
Mr. Tom Navetta 2 votes
Proceeding in alphabetical order those terms assigned
Mr. Bob Leonard
Mr. Dick Wootton
February 1, 1971
February 1, 1972
City Clerk Lyon announced the results of the vote for
the two positions on the Water and Sewer Board:
were:
Mr. Bob Menger
Mr. Irving Mock
Mr. Don Fullerton
Mr. Bob Weist
4 votes
4 votes
2 votes
2 votes
Proceeding in alphabetical order those terms assigned
Mr. Bob Menger
Mr. Irving Mock
February 1, 1973
February 1, 1975
COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti,
Schwab.
Nays: None.
Absent: Councilman Dhority.
The Mayor declared the motion carried, and the meeting adjourned
at 10:45 P.M •
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JULY 27, 1970
NOTICE OF CALL BY THE MAYOR
FOR SPECIAL SESSION OF THE CITY COUNCIL
MONDAY, JULY 27, 1970 -8:00 P.M.
The City Council of the City of Englewood, Arapahoe County,
Colorado, is hereby called to a special meeting in the City
Hall, 3400 South Elati Street, for the consideration of a bill
for an ordinance on final reading increasing the retail sales
and use tax by one cent on the dollar and the consideration of
appointments to various boards and commissions.
STANLEY H. DIAL
City Manager
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
The following persons, all Councilmen of the City of Englewood,
Colorado, do hereby acknowledge receipt of Notice of the above
special session:
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INTRODUCED AS A BILL BY COUNCIUfAN_-=-----ro;-';""""-:----------
Ct 0 F f ry C'(•t ' I C I II l ' ,. ' . BY AUTHORITY l ~E NT
ORDINANCE NO. -----' SERIES OF 1970 ~r
cou,.,
AN ORDINANCE AMENDING SECTIONS 16 . .JO:rta::)r, ,1_6. 5-10, lp. 5-16 (c),
16.5-17, 16.5-20(b) AND 16.5-38, OF THE MUNfCIPAi.c CODf:.LoF THE
CITY OF ENGLEWOOD TO INCREASE THE TAX LEVIED BY SAID ~·Eel'IONS
FROM TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL SALE
OR ACQUISITION CHARGE, TO THREE (3) CENTS FOR EACH FULL DOLLAR
THEREOF; ESTABLISHING A SCHEDULE FOR THE COLLECTION OF SUCH
TAXES WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY TAX-
ABLE ITEM INCLUDES A FRACTIONAL PART OF A FULL DOLLAR SEGRE-
GATING AND USING SAID ADDITIONAL REVENUES FOR CAPITAL IMPROVE-
MENTS EXCLUSIVELY DECREASING THE VENDOR'S FEE FROM 2. 5'7. TO
1.6% AND INCREASING THE ITINERANT VENDOR'S FEE FROM FORTY
($40.00) DOLLARS TO SIXTY ($60.00) DOLLARS, AND DIRECTING THAT
SAID INCREASE TAX EXPIRE ON DECEMBER 31, 1976.
WHEREAS, the City of Englewood Capital Improvement Program
is a six-year program involving the scheduling of and funding
for major physical needs of the City of Englewood; and
WHEREAS, pursuant to Article X, Part I, Section 95 of the
City Charter, the City Manager has submitted his recommendation
for a program of proposed capital projects for the fiscal year
1970 and for five (5) fiscal years thereafter; and
WHEREAS, pursuant to Article VIII, Part II, Section 56 of
the City Charter, the City Planning and Zoning Commission is
now reviewing and revising recommended Capital Improvements,
which said Commission considers necessary and desirable to be
constructed within the forthcoming five-year period; and
WHEREAS, the following, among othe~ are those Capital
Improvements considered by this Council after recommendations
made from the City Planning and Zoning Commission and the City
Manager to be of a more urgent nature and which will best pro-
mote the health, safety, order, convenience and the general
welfare of the residents and citizens of the City of Englewood.
They are: A City Storm Drainage System, City Central Fire and
Police Headquarters, School Crossing Signals, Park Replcement
Program, Major Fire Apparatus and Public Library Expansion.
WHEREAS, the Council finds and determines that the most
secure, favorable and reliable source of revenue to finance
said Capital Improvements is the temporary increase of the
City's Sales and Use Tax by one (1) cent; and
WHEREAS, it is the intention of the Council, as expressed
in this ordinance, that all revenue realized from said temporary
increase shall be segregated and deposited in a separate account
and used solely and exclusively for Capital Improvements with
substantial sums devoted to the construction of a City Storm
Sewer Drainage System; and
WHEREAS, the Council intends and c ontemplates that such
additional one (1) cent tax increase as set out herein shall
cease and again revert to a two (2) cent level on December 31,
1976.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. Section 16.5-3(a) of the Mun ic ipal Code of the
City of Englewood is hereby amended to r e ad as follows:
"Section 16.5-3 Sales Tax Levy.
(a) There is hereby imposed upon all sales of
all items specified in Section 16.5-2 within the boundaries
of the City of Englewood a tax in accordance with the
following schedule:
Amount of Sale Tax
$0.01 including $0.18 .....•.•.•.....•.... no tax
$0.19 including $0.51 .................... lc
$0.52 including $0.84.. . . . . . . . . . • . . . . . . . . 2c
$0.85 including $1.00.................... 3c
On sales in excess of $1.00, the tax shall be 3c on
each full dollar of the sales price, plus the tax
shown in the above schedule for the applicable frac-
tional part of a dollar of each such sales price."
Section 2. Section 16.5-10 of the Municipal Code of the
City of Englewood is hereby amended to read as follows:
"Section 16.5-10 Itinerant Vendors.
Any retailer who does not intend to be actively
engaged in selling for a period greater than three (3)
consecut~ve months, shall, prior to obtaining said
license, deposit with the Director of Finance, a cash
or surety bond in the amount of Sixty Dollars ($60.00)
for the benefit of the City, in such form as may be
approved by the said Director of Finance, which bond
shall be conditioned upon and security for the payment
of the retail sales taxes due or to become due. Such
retailers shall make reports of the amount of taxes
collected, shall pay the same to the City of Englewood
upon such forms and at such times as the Director of
Finance may require. A failure to make such report or
to pay any tax due at the time specified shall cause
an immediate suspension of the licens e and the forfeiture
of the bond posted."
Section 3. Section 16.5-16(c) of the Municipal Cod e of the
City of Englewood is hereby amended to read as follows:
"(c) The return shall be accompanied by an
amount equal to the sales tax required to be collected
by the retailer but which, in no case, shall be less
than the amount actually collected, n or l es s than three
per cent (31.) of the figure derive d by suhtracting from
the gross taxable sales, as reflec ted o n the return, the
total sales described in (b) (2), (3), (4) and (5), above,
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as r ef l ec ted on the return; provide d, howe ve r, the
r e tailer ma y de duct from the total tax an amount
e qual 1.6% of the sal~s tax required t o be colle cte d,
which may be retained by the r e taile r as a fee for
collecting said tax."
Section 4. Section 16.5-17 of the Municipal Cod e o f the
City of Englewood is hereby amended to r e ad as follows:
"Section 16.5-17 Tax on Storage, Con sumption and
Use.
There is hereby levied, and the r e shall be
collected from every person in th e City, a tax upon
the privilege of storing, using, o r c onsuming within
the boundaries of the City of Engl e woo d, any artic les
o f tangible personal property purchas e d at r e tail from
sources outside the corporate limits of th e City of
Englewood. Such tax shall be payable to, and shall bL'
collected by, the Director of Finance in accordance with
the following schedule:
ON STORAGE OR
ACQUISITION CHARGES
OR COST
$0.01 including $0.18 .................. n o tax
$0.19 including $0.51. •.•.••.........•. lc
$0.52 including $0.84 ........•.......•. 2c
$0.85 including $1.00 .................. 3c
On storage or acquisition charges or costs, in exc e ss
of one dollar, the tax shall be 3c o n each full d ollar
of such st o rage or acquisition charges o r co st, plu s
the tax shown in the above schedule for the applicable
fractional part of a dollar of each such ch arges o r
cost."
Section 5. Section 16.5-ZO{b) of th Municipal Cod ~ o f the
City of Englewood is hereby amended to r ead as fo llows:
"ill Building Materials and Supplie s.
An y person, partnership o r co rpo ration, who d oe s
not maintain a permanent place of bu sine s s within th e
boundaries of the City of Englewood, and wh o shall build,
construct o r improve any building, dw ell ing or other
structure or improvement to r eal ty whatsoe ver within the
City shall, upon application for a building permit, pay
as a deposit for payment of the tax levied by Sec . 16.5-17
a n amount equal to three per cent (3%)of fifty per cent
(50%) of the estimated cost of the improvement, or three
per cent (3%) of fifty per cent (50%) of the total con-
tract price, if there is a contract f ,r the building
construction or improvement provide d, however, that if
the estimated cost of the improve me nt o r the total con-
tract price is in excess of $50,0 00 , th~ Director of
Finance in his discretion and upon a pplicatio n to him,
may authorize a waiver of said deposit and accept the
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payment of said tax, on a monthly, quarterly, or other
basis, based upon actual purchases of materials, sup-
plies and e quipment for which such tax may be due,
subject t o such rules and regulations as the said
Director o f Finance may adopt. In al l cases where
the deposit required by the provisions o f this section
is made, if it is determined, at the time o f the comple-
tion of the building, dwelling or other structure of
improvement, from the invoices and statements reflecting
the purchase therefor, that the deposit made as herein
required, together with the actual payments to the City
of Englewood as a sales tax, is in excess of the actual
tax due therefor, the person making said deposit or
paying said tax may make application to the Director of
Finance for refund of any amount paid in excess of the
actual taxes due, in which event it shall be the duty of
the person making such application to furnish all neces-
sary bills and invoices evidencing over payment of the
tax, and, if the said Director of Finance is satisfied
that there has been such over payment, he shall refund
such over payment to the taxpayer."
Section 6. Section 16.5-38 of the Municipal Code of
the City of Englewood is hereby amended to read as follows:
Section 16.5-38. Purpose of Tax -Distribution
of Proceeds.
The City Council hereby declares that the purpose
of the levy of the taxes imposed by this ordinance is for
the raising of funds for payment of the general operating
expenses of the City and for Capital Improvements; pro-
vided, however, not less than one-third of all the revenues
derived from said tax shall be segregated, held apart,
and deposited into a separate "Capital Improvement Account"
and shall be used solely to fund and finance Capital Im-
provements of the City of Englewood.
Section 7. The Amendments contained herein shall become
effective commencing at 12:01 o'clock A.M. on September 1, 1970,
and, unless sooner amended or repealed 1 shall expire and revert
to the original provisions as they existed prior to this Amend-
ment, at 12:00 o'clock P.M. on December 31, 1976. ·
Section 8. All ordinances or parts of ordinances in conflict
with or inconsistent with the provisions of this ordinance are
hereby repealed, except that this repeal shall not affect no r
prevent the prosecution or punishment of any person for any act
d o ne o r commitL e d in violation of any ordinance hereby r e pealed
prior to the e ffective date of this ordinance.
Introduced, read in full and passed on first reading o n
the day of 1970 .
Published as a Bill for an Ordinance o n the
1970.
____ day of
Read by title and passed on final r ading on the
day of , 1970.
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Published by title as Ordinance No.
1970, on the day of ---------------_-_----1~970-: Series of
Mayor
Attest:
ex officio Cit y Clerk
I, Stephen A. Lyon, do hereby certify that the above and
foregoing is a true, accurate and complete cop y of an Ordinance
pas ed on final reading and published by title as Ordinance No.
--------------' Series of 1970.
Attest:
ex officio City Clerk
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