ORDINANCE NO. 1098 (2019) AN ORDINAN

81625 | 09/06/2019 | Ad id: 8-0000480113-01
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ORDINANCE NO. 1098 (2019) AN ORDINANCE OF THE CITY OF CRAIG, COLORADO REFERRING A QUESTION TO THE REGISTERED ELECTORS APPROVING THE IMPOSITION AND LEVY OF AN ADDITIONAL SALES TAX OF UP TO FOUR (4%) PERCENT ON THE SALES OF RETAIL MARIJUANA AND MARIJUANA PRODUCTS; AND SETTING A BALLOT MEASURE FOR THE NOVEMBER 5, 2019 COORDINATED ELECTION. RECITALS WHEREAS, the City of Craig (the "City") is a Colorado home rule city duly organized and existing under the laws of the State of Colorado; WHEREAS, the members of the City Council of the City (the "City Council") have been duly elected and qualified: WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR") requires voter approval for any new tax, any increase in any tax rate, the creation of any debt extension of an expiring tax and the spending of certain funds above limits established by TABOR; WHEREAS, the Craig City Council is referring a ballot measure for the coordinated election on November 5, 2019, which would authorize the establishment and operation of retail marijuana stores if passed by the registered electors of the City of Craig; WHEREAS, the City Council determines that if the retail marijuana store measure is approved by the voters that there should be additional sales tax revenues derived from the retail marijuana businesses above those sales taxes which is already authorized and collected pursuant to Section 29-2-102, C.R.S. and Articles 26 and 28.2 of Title 39, C.R.S.; WHEREAS, the City Council proposes an additional sales tax in the amount of up to four (4%) percent on the sale of retail marijuana and retail marijuana products by retail marijuana stores within the City Craig; WHEREAS, the City Council finds and determines that it is appropriate to submit to the registered electors of the City of Craig, Colorado, at the coordinated election to be held on November 5, 2019, a question concerning whether the City of Craig shall levy an additional sales tax of up to four (4%) percent on the sale of retail marijuana and marijuana products within the City of Craig: WHEREAS, upon passage of the measure by the registered electors of the City of Craig, the City Council at their sole discretion may levy by ordinance from time to time the exact level, of the additional sales tax between zero and 4%, which ordinance can be changed by the City Council or a future City Council as may be expedient; WHEREAS, any municipal additional sales tax on marijuana transactions cannot be collected, administered or enforced by the Colorado Department of Revenue, but shall instead by collected, administered and enforced by the municipality imposing the tax; and WHEREAS, TABOR requires that the City submit ballot issues, as defined in TABOR, to the City's registered electors on specified election days before an action can be taken on such ballot issues; WHEREAS, a coordinated election as will occur on November 5, 2019, is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the City pursuant to TABOR; WHEREAS, the City Council of the City of Craig is of the opinion that the City Council should refer to the registered electors at the November 5, 2019 coordinated election a TABOR ballot issue the imposition and levy of an additional sales tax of up to four (4%) percent on the sale of retail marijuana and marijuana products in the City of Craig for the purposes specified in this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRAIG AS FOLLOWS: 1. The City Council deems it appropriate to publish the title of this Ordinance, together with a summary of the Ordinance and with the statement that the text is available for public inspection and acquisition in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED AFTER HEARING ON SECOND READING THIS 27th DAY OF AUGUST, 2019 BY THE CITY COUNCIL OF THE CITY OF CRAIG, COLORADO. ________________________________ Jarrod Ogden, Mayor ATTEST: _________________________________ Liz White, City Clerk Published in the Craig Press on September 6, 2019. 0000480113