TC Resolution 18-12 Ballot question for Novmeber 6,2018 ElectionRESOLUTION 18-12
SUBMITTING TO THE ELECTORATE OF THE TOWN OF AVON, DURING THE
NOVEMBER 6, 2018 GENERAL ELECTION, A QUESTION SEEKING AUTHORITY
TO INCREASE TAXES ON THE SALE OF CIGARETTES AND OTHER TOBACCO
AND NICOTINE PRODUCTS
WHEREAS, the Town of Avon, Colorado (the "Town"), is a duly organized and existing home -
rule municipality of the State of Colorado, created and operating pursuant to Article XX of the
Constitution of the State of Colorado and its Home Rule Charter of the Town of Avon, Colorado
(the "Town Charter"); and
WHEREAS, the members of the Town Council of the Town of Avon (the "Council") have been
duly elected and qualified; and
WHEREAS, the Council hereby finds that tobacco and nicotine addiction is a leading cause of
preventable death, that people should be deterred from starting the use of tobacco and nicotine
products and encouraged to quit the use of tobacco and nicotine products, and that taxes on the
sale of tobacco and nicotine products are effective at preventing and reducing tobacco and
nicotine use; and
WHEREAS, the Council hereby designates revenues collected through this tax would be placed
in the General Fund with the specific purpose of financing health and human services, tobacco
related health issues, and addiction and substance abuse education and mitigation; and
WHEREAS, Section 13.1 of the Town Charter authorizes the Town to levy and collect taxes for
municipal purposes; and
WHEREAS, Article X, Section 20 of the Colorado Constitution ("TABOR") requires voter
approval for any increase in taxes; and
WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the
Town's electorate on limited election days before action can be taken on such ballot issues; and
WHEREAS, November 6, 2018, is one of the election dates at which ballot issues may be
submitted to the electorate of the Town pursuant to TABOR;
WHEREAS, the Council hereby determines that it is in the interests of the Town and its
residents to submit to the electorate of the Town, the question of authorizing a tax increase on the
sale of tobacco and nicotine products at its regular municipal election to be held on November 6,
2018; and
WHEREAS, the Eagle County Clerk and Recorder is conducting a coordinated election
pursuant to the Uniform Election Code of 1992, being Articles 1 to 13 of Title 1, C.R.S. (the
"Uniform Election Code") on November 6, 2018; and
Resolution 18-12
Page 1 of 3
WHEREAS, on August 14, 2018, the Council approved an Intergovernmental Agreement with
the Eagle County Clerk and Recorder concerning the November 6, 2018 general election.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. All action heretofore taken (not inconsistent with the provisions of this resolution)
by the Town and the officers thereof, directed towards the election and the objects and purposes
herein stated is hereby ratified, approved and confirmed.
Section 2. Unless otherwise defined herein, all terms used herein shall have the meanings
defined in the Uniform Election Code, C.R.S. Title 1, Article 1.
Section 3. The following ballot issue, certified in substantially the form set forth below, is
hereby referred to the electorate of the Town and shall appear on the ballot of the Town at the
regular municipal election of November 6, 2018, with the following ballot title which is set
pursuant to C.R.S. §31-11-111:
Tax Increase on the Sale of Tobacco and Nicotine Products.
SHALL TOWN TAXES BE INCREASED BY UP TO $600,000 IN 2019 AND
BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY
THEREAFTER BY THE IMPOSITION OF NEW TAXES AS FOLLOWS:
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW TAX OF
FIFTEEN CENTS PER CIGARETTE OR THREE DOLLARS PER
PACK OF TWENTY CIGARETTES SOLD;
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW SALES
TAX OF 40% ON THE SALES PRICE OF ALL OTHER TOBACCO
AND NICOTINE PRODUCTS;
THE TERMS "CIGARETTES" AND "TOBACCO PRODUCTS" HAVE
THE SAME MEANINGS AS IN SECTION 5.10.030 OF THE AVON
MUNICIPAL CODE;
AND THAT THE TOWN MAY COLLECT, RETAIN AND EXPEND
ALL OF THE REVENUES OF SUCH TAXES AND THE EARNINGS
THEREON, NOTWITHSTANDING THE LIMITATION OF ARTICLE
X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY
OTHER LAW?
YES
NO
Resolution 18-12
Page 2 of 3
Section 4. The Town Clerk is hereby appointed as the designated election official of the
Town for purposes of performing acts required or permitted by law in connection with the
election.
Section 5. The officers of the Town are hereby authorized and directed to take all action
necessary and appropriate to effectuate the provisions of this resolution.
Section 6. If any section, paragraph, clause or provision of this resolution shall for any
reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall in no manner affect any remaining provision of this
resolution.
Section 7. All resolution or parts of resolution inconsistent herewith are hereby repealed to
the extent only of such inconsistency. This repealer shall not be construed to revive any
resolution or part of any resolution heretofore repealed.
Section 8. The effective date of this resolution shall be immediately upon adoption.
INTRODUCED, READ, AND ADOPTED by the Town Council of the Town of Avon on
the 2811' day of August, 2018.
By: Attest:
Jennie Fancher, Mayor
Resolution 18-12
Page 3 of 3
Debbie Hoppe, Town