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Home My WebLink About13105 RESOLUTION NO. 13105 A RESOLUTION APPROVING AND ACCEPTING THE CANVASS AND ABSTRACT OF VOTES CAST AT THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014 WHEREAS, the Canvass of the Special Municipal Election held on November 4, 2014 has been completed; and WHEREAS, the Board of Elections has unanimously passed a Board Resolution certifying the votes and declaring the results of voting at said Special Municipal Election as official; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: The Resolution of the Board of Elections Certifying the Votes and declaring the results at said Special Municipal Election as official, a copy of which is attached hereto, is hereby approved; and the designation of results therein contained are hereby accepted and adopted. SECTION 2: The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 3: This Resolution shall become effective immediately upon passage and approval. INTRODUCED: November 24, 2014 BY: Eva Montoya City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: November 24, 2014 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: City Clerk FROM: Gina Dutcher, City Clerk SUBJECT: A RESOLUTION APPROVING AND ACCEPTING THE CANVASS AND ABSTRACT OF VOTES CAST AT THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014 SUMMARY: This Resolution accepts and approves the Abstract of Votes cast at the Special Municipal Election dated November 4, 2014 as prepared by the City Clerk. PREVIOUS COUNCIL ACTION: Pursuant to Section 5-1-119(1) of the Municipal Code, an Abstract of Votes is prepared by the City Clerk and Approved by the Board of Elections following each Regular or Special Municipal Election. BACKGROUND: Pursuant to Section 5-1-115 of the Pueblo Municipal Code, on Tuesday, November 11, 2014 and Tuesday, November 18, 2014, the City Clerk and members of the Board of Election met with the Pueblo County Clerk and Recorder as part of the 2014 Special Election Board of Canvassers of the Election Returns. Following the Canvassing, Gilbert Ortiz, Pueblo County Clerk and Recorder, issued the Official Abstract of Votes signed by each member of the City’s Canvassing Board, which will be submitted to the Secretary of State. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Board of Elections participated in the Canvassing of Votes and has approved the Abstract of Votes as prepared by the City Clerk. STAKEHOLDER PROCESS: None ALTERNATIVES: None RECOMMENDATION: Approval of the Resolution Attachment: Abstract of Votes Board of Election Resolution • OFFICE OF THE CITY CLERK RESOLUTION BY THE BOARD OF ELECTIONS A RESOLUTION CERTIFYING THE VOTES AND DECLARING THE RESULTS OF VOTING AT THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014 AS PART OF A COORDINATED ELECTION (OFFICIAL SURVEY OF RETURNS) WHEREAS, Pursuant to Section 5-1-115 of the Pueblo Municipal Code; the Board of Elections met on November 11, 2014 and Tuesday November 18, 2014 as part of the Canvassing Board for the Special Municipal Election, conducted as a Coordinated Election in the City and County of Pueblo, and; WHEREAS, the Board of Elections proceeded to Canvass the votes cast at said Special Municipal Election and make an abstract thereof; NOW THEREFORE, BE IT RESOLVED BY THE PUEBLO BOARD OF ELECTIONS that: SECTION 1: The following votes are unanimously certified: Question No. 2A (Retail Marijuana Taxes) SHALL THE CITY OF PUEBLO'S TAXES BE INCREASED BY $ 986,249 ANNUALLY (FIRST FULL FISCAL YEAR INCREASE) BEGINNING JANUARY 1, 2015 AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, THROUGH THE ADOPTION OF ORDINANCE NO. 8754 IMPOSING AN EXCISE TAX OF 8.0 % WHEN UNPROCESSED RETAIL MARIJUANA IS FIRST SOLD OR TRANSFERRED BY A RETAIL MARIJUANA CULTIVATION FACILITY AND BY IMPOSING AN ADDITIONAL SALES TAX OF 4.3 % ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS WITH THE RATE OF EITHER OR BOTH TAXES BEING ALLOWED TO BE DECREASED OR INCREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF EITHER TAX DOES NOT EXCEED 15.0 % AND SHALL ALL REVENUES DERIVED FROM SUCH TAXES BE COLLECTED, RETAINED AND SPENT, NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW, AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW AND ALLOWING SUCH REVENUE TO BE EXPENDED AS THE CITY COUNCIL SHALL DETERMINE? Vote Count Percent NO 18,594 52.28% YES 16,971 47.72% TOTAL 35,565 100.00% Question 2A (Retail Marijuana Taxes): The greatest number of votes cast was "NO" therefore, QUESTION 2A FAILED. SECTION 2: The following votes are unanimously certified: Question No. 200 (Public Safety Tax) SHALL THE CITY OF PUEBLO'S TAXES BE INCREASED BY $6.7 MILLION ANNUALLY (FIRST FULL FISCAL YEAR INCREASE) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY IMPOSING AN ADDITIONAL SALES TAX OF ONE-HALF PERCENT AS A PUBLIC SAFETY TAX FOR A FIVE YEAR PERIOD FROM JANUARY 1, 2015 THROUGH DECEMBER 31, 2019 AND SHALL TITLE XIV OF THE CITY MUNICIPAL CODE BE AMENDED BY THE ADDITION OF A NEW CHAPTER 12 BY THE ADOPTION OF ORDINANCE NO. 8741? Vote Count Percent NO 26,325 74.05% YES 9,227 25.95% TOTAL 35,552 100.00% Question 200 (Public Safety Tax): The greatest number of votes cast was "NO" therefore, INITIATED QUESTION 200 FAILED. SECTION 3: The statements from the abstract of votes prepared by the City Clerk is hereby approved and each member of the Board of Elections shall affix his or her signature thereto, certifying same to be correct and shall endorse and subscribe on such statements their certification of determination required by Section 5-1-119(1) of the Pueblo Municipal Code, as amended. Adopted this 18th day of November 2014. BOARD OF ELECTIONS _ 417.Zhee AO.- ,, -e,-------- . Gloria Gonzales, Memb4 CI_ 1 r , '►. . Iv'L11, .' Don D - ta, Member AGina utcher, Member and City Clerk ATT ST: Deputy City Clerk YY �Yrer•'. . _ a s LPUEBLO COUNTY cooRA°o ELECTION DEPARTMENT Gilbert Ortiz ► Clerk and Recorder 1,i , Y P.O. Box 480 Pueblo, Colorado 81002-0480 (719)583-6620 FAX(719)543-1027 STATE OF COLORADO ) )SS. CERTIFICATION OF ELECTION PUEBLO COUNTY I, Gilbert Ortiz the Pueblo County Clerk and Recorder, do hereby certify the Official Abstract of Votes Cast attached herein for the 2014 General Election held in Pueblo County on the 4th of November, 2014. We the undersigned Canvass Board for the 2014 General Election,do hereby certify that: We have reviewed the Post-Election Manual Random Audit - We have reviewed all ballot forms and ballot logs associated with this election - We have compared the number of ballots counted to the number of ballots cast - We have reviewed and do hereby certify the results in the Official Abstract of Votes Cast Witness our hands and seal this 18th of November,2014. _ moi410 Gilbert Ortiz,Pueblo •' ,.s!' and Recorder Gina tcher,Democrati Canvass Board Member Gloria Gonzales,Democrati !'anvass Board Member <insert county seal>> SOS Approved 02/28/2014 Section 1-7.5-107(2.3),C.R.S. http://www.pueblovotes.com m. 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