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HomeMy WebLinkAboutresolution.council.023-01 RESOLUTION NO. 23 (Series of 2001) A RESOLUTION OF THE CItY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTDRATE OF THE CITY OF ASPEN CERTAIN QUESTIONS AT THE MAY 8, 2001, MUNICIPAL ELECTION. WHEREAS, the City CoUncil desires to place before the electorate of the City of Aspen certain ballot questions; and WHEREAS, the City coqncil is authorized pursuant to Section 5.7 of the Aspen City Charter to, on its own motion, suhmit questions to a vote of the electorate; and WHEREAS, the electioni provisions of Article X, Section 20(3) of the Colorado Constitution requires that financial ballot issues be decided only in g state general election, biennial local election, or on the first Tuesday in November of odd numbered years. NOW, THEREFORE, BE!IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAi: Section 1. The following question shal! be submitted to the electorate at the May 8, 2001, municipal election: CITY OF ASPEN TRUSCOTT PI~.ACE BONDS SHALL CITY OF ASPEN DEBT BE INCREASED BY UP TO $12,740,000, WITH A MAXIMUM REPAYMENT C~)ST OF $22,578,000, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING ADDITIONAL AFFORDABLE HOUSING UNITS AND INFRASTRUCTURE IMP~ROVEMENTS AT OR NEAR TRUSCOTT PLACE, WHICH DEBT SHALL BE PAYABLE FROM (1) RENT AND OTHER REVENUES FROM THE OPERATION OF TRUSCOTT PLACE AND MONEYS IN THE CITY'S HOUSING/DAYCARE FUND THAT ARE AVAILABLE FOR SUCH PURPOSE (THE "TRUSCOTT AND HOUSING/DkYCARE FUND REVENUES") AND (2) ALTHOUGH, BASED ON HISTORICAL COLLECTIONS, TRUSCOTT AND HOUSING/DAYCARE REVENUES ARE EXPECTED TO BE SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH DEBT AND TO OTHERWISE COMPLY WITH THE COVENANTS OF THE RESOLUTION OR OTHER INSTRUMENTS GOVERNING SUCH DEBT, IF AND TO THE EXTENT THE CITY COUNCIL DETERMINES THAT THE PROJECTED TRUSCOTT AND HOUSING/DAYCARE FUND iREVENUES WILL NOT BE SUFFICIENT FOR SUCH PURPOSE IN ANY YEAR, FROM THE TAXES DESCRIBED BELOW; SHALL CITY TAXES BE INCREASED BY UP TO $1,213,000 ANNUALLY IN ANY YEAR BY THE LEVY OF AD VALOREM PROPERTY TAXES, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION, TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND )NTEREST ON SUCH DEBT AND TO OTHERWISE COMPLY WITH THE COyENANTS OF THE RESOLUTION OR OTHER INSTRUMENTS GOVERNING SUCH DEBT IF AND TO THE EXTENT THE CITY COUNCIL DETERMINES THAT THE PROJECTED TRUSCOTT AND HOUSING/DAYCARE FUND REVENUES WILL NOT BE SUFFICIENT THEREFOR; AND SHALL SUCH DEBT MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND WITH SUCH TERMS, i NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE?i YES NO Section 2. The following question shall be submitted to the electorate at the May 8, 2001, municipal election: EXTENSION OF ONE PERCENT REAL ESTATE TRANSFER TAX - EMPLOYkl,; HOUSING i Shall the City of Aspen one percent~ (1%) real estate transfer tax authorized by Section 23.48.070 of the Aspen Municipal Code, earmarked for the purchase of land, and the construction and maintenance of employee housing, be extended beyond its current expiration date of December 31, 2004, to December 31, 2024? YES NO Section 3. The following question shall be submitted to the electorate at the May 8, 2001, municipal election: .CITY OF ASPEN .20 % SALES TAX INCREASE - ISIS THEATER: SHALL CITY OF ASPEN T ,AXES BE INCREASED UP TO $880,000.00 ANNUALLy (FIRST FULL FISCAL YE~ TAX INCREASE) BY THE IMPOSITION OF AN ADDITIONAL .20% SALESI TAX COMMENCING ON JULY 1, 2001, AND TERMINATING JUNE 30, 2005, TO LEASE AND OPERATE THE ISIS THATER BUILDING, AND TO EQUIP THE THEATERS WITH ALL NECESSARY SCREENS, FIXTURES, FURNISHINGS AND EQUIPMENT; PROVIDED, HOWEVER, THAT THE · CITY IS ABLE TO NEGOTIATE A LEASE WITH THE OWNERS OF THE ISIS THEATER BUILDING THAT INCLUDES A MINIMUM TERM OF FOUR YEARS, AND MINIMUM LEASE EXTENSIONS OF SIXTEEN YEARS; AND, PROVIDED FURTHER, THAT ALL PROFITS OR EXCESS INCOME GENERATED DURING THE PERIOD OF THE LEASE SHALL BE REINVESTED IN THE EXTENSION OF THE LEASE AND OPERATION OR PURCHASE OF THE BUILDIN¢, AND ANY EXCESS FUNDS SHALL BE DEDICATED TO FUNDING ARTS PROGRAMS AND EVENTS FOR THE YOUTH OF ASPEN? NO INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12~ day March, 2001. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that r{solution adopted by the City Council of the City of Aspen~ Colorado, at a meeting held on the day hereinabove stated. Kathryn S~Koch, City Clerk JPW-03/13/01-G:\john\word\resos\ballgt01_5_final_a.doc