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HomeMy WebLinkAboutordinance.council.004-89 ORDINANCE NO. ~ (Series of 1989) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A GENERAL MUNICIPAL ELECTION TO BE HELD MAY 2, 1989, QUESTIONS CONCERNING A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ASPEN LIMITING THE TERMS OF COUNCIL- PERSONS, USE OF THAT CITY-OWNED PROPERTY COMMONLY KNOWN AS THE "MAROLT/THOMAS PARCEL" FOR EMPLOYEE HOUSING/MAA PURPOSES, AUTHOR- IZATION TO IMPOSE A GRADUATED REAL ESTATE TRANSFER TAX, THE AUTHORITY TO ENTER INTO A LONG-TERM LEASE, NOT TO EXCEED 75 YEARS, FOR 1.9 ACRES ON THE CITY-OWNED PROPERTY COMMONLY KNOWN AS THE "MAROLT PARCEL" INCLUDING THE MAROLT BARN AND OUTBUILDINGS, FLUORIDATION OF CITY WATER, AUTHORITY TO ISSUE GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED FOUR MILLION SIX HUNDRED THOUSA- ND DOLLARS ($4,600,000.00) FOR THE EXPANSION/IMPROVEMENT OF THAT CITY-OWNED PROPERTY FORMERLY KNOWN AS "THE RED ROOF INN", ANDAN AMENDMENT TO SECTION 2.2 OF THE CITY CHARTER CHANGING THE DATE FOR THE GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MAY TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER WHEREAS, pursuant to Section 5.7 of the City Charter the City Council desires to submit to the registered voters of the City questions concerning the following matters: proposed amendment to the Charter of the City of Aspen limiting the terms of Counci~persons to no more than two consecutive terms, use of that City-owned property commonly known as the "Marolt/Thomas Parcel" for employee housing/MAA purposes, authorization to impose a graduated real estate transfer tax, authority to enter into a long-term lease, not to exceed 75 years, for approximately 1.9 acres on the City-owned property commonly known as "The Marolt Parcel", including the Marolt barn and outbuildings for museum purposes, continued fluoridation of the City public water system, authority to issue general obligation bonds in an amount not to exceed Four Million Six Hundred Thousand Dollars ($4,600,000.00) for the expansion/improvement of that City-owned property formerly known as "The Red Roof Inn", and an amendment to Section 2.2 of the City Charter changing the date for the general municipal election from the first Tuesday after the first Monday in May to the first Tuesday after the first Monday in November. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the general election to be held in the City of Aspen, Colorado, on Tuesday, May 2, 1989, there shall be sub- mitted to a vote of the registered electors of the City the following questions: QUESTION NO. 1 - USING THAT PORTION OF THAT CITY-OWNED PROPERTY COMMONLY KNOWN AS THE "MAROLT/THOMAS PARCELS" FOR EMPLOYEE/MAA HOUSING PURPOSES "Pursuant to Section 13.4 of the City Charter of the City of Aspen, Colorado, shall the City Council be authorized to sell, use or dispose of that property located within the City-owned property commonly known as the 'Marolt Parcel' as reflected on the Marolt Ranch Subdivision Plat, Plat Book 12, Page 1 et seq., of the Pitkin County Clerk and Recorder's records, and Lot 2 of the City-owned property known as the 'Thomas Parcel', as depicted on the city Thomas Property Subdivision Exception Plat, Plat Book 14, Page 41 et seq., of the Pitkin County Clerk and Recorder's records for employee/MAA housing purposes, described as follows: A tract of land situate in Sections 12 and 13, Township 10 South, Range 85 West of the 6th P.M., being more particu- larly described as depicted in Exhibit 'A'". QUESTION NO. 2 - IMPOSITION OF A GRADUATED REAL ESTATE TRANSFER TAX ON ALL NON-EXEMPT TRANSFER OF REAL PROPERTY WITHIN THE CITY OF ASPEN "Shall the City Council of the City of Aspen, Colorado, be authorized to adopt, by ordinance, a graduated real estate transfer tax, not to exceed two and one/half percent (2.5%) on a declining schedule of one/half percent (1/2%) per year, the life of said tax not to exceed five (5) years on all non-exempt transfers of real property within the City of Aspen, County of Pitkin, State of Colorado, for the acquisi- tion of vacant land and existing buildings for employee housing purposes, construction and reconstruction of employ- ee housing, maintenance of employee housing projects, and repayment of the Land Fund for the value of all open space acquisitions converted into employee housing uses, and all costs associated therewith." QUESTION NO. 3 - ISSUANCE OF A GENERAL OBLIGATION BOND NOT TO EXCEED $4.6 MILLION FOR THE PURPOSE OF RENOVATION/EXPANSION OF THAT PROPERTY FORMERLY KNOWN AS THE RED ROOF INN FOR EMPLOYEE HOUSING/MAA HOUSING PURPOSES, AND REIMBURSING THE CITY FOR PREVIOUS CAPITAL EXPENDITURES THEREFOR "Shall the City Council of the City of Aspen, Colorado, be authorized to issue general obligation bonds, in an amount not to exceed Four Million Six Hundred Thousand Dollars ($4,600,000.00), the term not to exceed twenty (20) years, and the interest rate not to exceed ten percent (10%) for the renovation and expansion of that property formerly known as the 'Red Roof Inn' located at 22475 State Highway 82 in the City of Aspen ($3,600,000.00), such facility to be leased to the Aspen/Pitkin Housing Authority, and for the reimbursement of capital expenditures previously incurred by the City with respect thereto ($1,000,000.00)? Improvements shall not exceed seventy-five thousand (75,000) square feet in size, comprising not more than an additional one hundred (100) rooms and accessory facilities, including, but not limited to, bathrooms, living rooms, laundry facility and kitchens. Proceeds from the reimbursement of the capital expenditures shall be deposited in the Land Fund, subject to appropriation therefrom by the City Council. Said parcel is also described as Lot 2, The Aspen Golf Course Subdivision, as shown on plat thereof recorded in Plat Book 7 at Page 34, Pitkin County records." QUESTION NO. 4 - AUTHORITY TO ENTER INTO A LONG-TERM LEASE WITH THE ASPEN HISTORICAL SOCIETY, NOT TO EXCEED 75 YEARS FOR THE LEASE OF APPROXIMATELY 1.9 ACRES ON THAT CITY-OWNED PROPERTY 3 COMMONLY KNOWN AS THE "MAROLT PARCEL", INCLUDING THE MAROLT BARN AND OUTBUILDINGS FOR OPERATION OF A MUSEUM "Shall the City Council of the City of Aspen, Colorado, be authorized to enter into a long-term real estate lease with the Aspen Historical Society for approximately 1.9 acres of city-owned real property located on that area commonly known as the 'Marolt Parcel', including the Marolt Barn and outbuildings for operation of a museum." QUESTION NO. 5 - SHALL THE CITY COUNCIL OF THE CITY OF ASPEN CONTINUE TO FLUORIDATE CITY WATER "Shall the City Council of the City of Aspen continue to fluoridate its public water supply distributed through the City water system?" QUESTION NO. 6 - REPEALING AND RENNACTING SECTION 2.2 OF THE MUNICIPAL CHARTER OF THE CITY OF ASPEN TO ESTABLISH A GENERAL ELECTION IN NOVEMBER "Shall Section 2.2 of the Municipal Charter of the City of Aspen, Colorado, be repealed and reenacted to establish the general municipal election in the second Tuesday of Novem- ber, such that Section 2.2, as repealed and reenacted, would read as follows: (a) A general municipal election shall be held on the Tuesday succeeding the first Monday of November in each even numbered year. This amendment shall not affect the terms of those candidates elected at the May 2, 1989, general election. A general municipal election shall be held on the Tuesday succeeding the first Monday of November, 1990, and biennially thereafter. Candidates elected at the general election held the on the Tuesday succeeding the first Monday of November, 1990, shall take office June 1, 1991. A general elec- tion shall be held on the Tuesday succeeding the first Monday of November, 1992 for the terms of the council- members expiring June 1, 1993 and biennially there- after. Candidates elected at the general election held on the Tuesday succeeding the first Monday of November, 1992, shall take office June 1, 1993. (b) A 'primary election' shall be held on the second Tuesday of August in each even numbered year, beginning on the second Tuesday of August, 1990, and biennially thereafter. 4 (c) Nomination petitions for elective office may be circu- lated and signed beginning on the fiftieth day and ending on the thirtieth day prior to the primary election. When there are more than two (2)persons standing for election to a given office, all such persons shall have their names placed on a ballot which shall be voted on and the two candidates for elective office receiving the first and second highest number of votes at the primary election shall be certified by the City Clerk to appear on the ballot for the General Election. In the event that any candidate who runs in the primary election and is duly certified to the General Election withdraws, dies or is otherwise disqualified from running in the General Election at least thirty (30) days prior to the General Election, the person who received the third highest number of votes in the primary election for such office shall be certified as a candidate for the general election. (d) Any special municipal election may be called by resolu- tion or ordinance of the Council at least sixty (60) days in advance of such election. The resolution or ordinance calling a special municipal election shall set forth the purpose or purposes of such election. (e) Polling places for all municipal election shall be open from 7:00 a..m to 7:00 p.m. on election day." QUESTION NO. 7 - AMENDING THE CITY CHARTER TO LIMIT THE TERMS OF COUNCILPERSONS TO NOT MORE THAN TWO (2) CONSECUTIVE FOUR-YEAR TERMS "Shall Section 3.2 of the Home Rule Charter of the City of Aspen, Colorado, be amended by the adoption of the itali- cized language limiting the terms of Councilpersons to not more than two (2) consecutive four-year terms, such that Section 8.2, as amended would read as follows: The terms of the office of Councilpersons shall be four (4) years as hereinafter provided; in the general municipal election to be held in 1981 the candidate receiving the highest number of votes shall be elected for a four (4) year term. In the general municipal election to be held in 1983, the two (2) candidates receiving the highest number of votes shall be elected for four (4) year terms and the candidate receiving the third highest number of votes shall be elected for a two (2) year term. At all municipal elections there- after, the two (2) candidates receiving the highest number of votes will be elected for four (4) year terms Councilper- 5 sons shall not serve more than two (2) consecutive four-year terms." Section 2 The aforesaid general election shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. The provision for the registration of electors and for voting by absentee ballot on the question shall be in accordance with the Colorado Municipal Election Law. The votes at said election shall be registered on electronic voting machines at the polling place. The ballot label shall read as follows: QUESTION NO. 1 - USING THAT PORTION OF THAT CITY-OWNED PROPERTY COMMONLY KNOWN AS THE "MAROLT/THOMAS PARCELS" FOR EMPLOYEE/MAA HOUSING PURPOSES "Pursuant to Section 13.4 of the City Charter of the City of Aspen, Colorado, shall the City Council be authorized to sell, use or dispose of that property located within the City-owned property commonly known as the 'Marolt Parcel' as reflected on the Marolt Ranch Subdivision Plat, Plat Book 12, Page 1 et seq., of the Pitkin County Clerk and Recorder's records, and Lot 2 of the City-owned property known as the 'Thomas Parcel', as depicted on the City Thomas Property Subdivision Exception Plat, Plat Book 14, Page 41 et seq., of the Pitkin County Clerk and Recorder's records for employee/MAA housing purposes, described as follows: A tract of land situate in Sections 12 and 13, Township 10 South, Range 85 West of the 6th P.M., being more particu- larly described as depicted in Exhibit 'A'". QUESTION NO. 2 - IMPOSITION OF A GRADUATED REAL ESTATE TRANSFER TAX ON ALL NON-EXEMPT TRANSFER OF REAL PROPERTY WITHIN THE CITY OF ASPEN "Shall the City Council of the City of Aspen, Colorado, be authorized to adopt, by ordinance, a graduated real estate transfer tax, not to exceed two and one/half percent (2.5%) 6 on a declining schedule of one/half percent (1/2%) per year, the life of said tax not to exceed five (5) years on all non-exempt transfers of real property within the City of Aspen, County of Pitkin, State of Colorado, for the acquisi- tion of vacant land and existing buildings for employee housing purposes, construction and reconstruction of employ- ee housing, maintenance of employee housing projects, and repayment of the Land Fund for the value of all open space acquisitions converted into employee housing uses, and all costs associated therewith." QUESTION NO. 3 - ISSUANCE OF A GENERAL OBLIGATION BOND NOT TO EXCEED $4.6 MILLION FOR THE PURPOSE OF RENOVATION/EXPANSION OF THAT PROPERTY FORMERLY KNOWN AS THE RED ROOF INN FOR EMPLOYEE HOUSING/MAA HOUSING PURPOSES, AND REIMBURSING THE CITY FOR PREVIOUS CAPITAL EXPENDITURES THEREFOR "Shall the City Council of the City of Aspen, Colorado, be authorized to issue general obligation bonds, in an amount not to exceed Four Million Six Hundred Thousand Dollars ($4,600,000.00), the term not to exceed twenty (20) years, and the interest rate not to exceed ten percent (10%) for the renovation and expansion of that property formerly known as the 'Red Roof Inn' located at 22475 State Highway 82 in the City of Aspen ($3,600,000.00), such facility to be leased to the Aspen/Pitkin Housing Authority, and for the reimbursement of capital expenditures previously incurred by the City with respect thereto ($1,000,000.00)? Improvements shall not exceed seventy-five thousand (75,000) square feet in size, comprising not more than an additional one hundred (100) rooms and accessory facilities, including, but not limited to, bathrooms, living rooms, laundry facility and kitchens. Proceeds from the reimbursement of the capital expenditures shall be deposited in the Land Fund, subject to appropriation therefrom by the City Council. Said parcel is also described as Lot 2, The Aspen Golf Course Subdivision, as shown on plat thereof recorded in Plat Book 7 at Page 34, Pitkin County records." QUESTION NO. 4 - AUTHORITY TO ENTER INTO A LONG-TERM LEASE WITH THE ASPEN HISTORICAL SOCIETY, NOT TO EXCEED 75 YEARS FOR THE LEASE OF APPROXIMATELY 1.9 ACRES ON THAT CITY-OWNED PROPERTY COMMONLY KNOWN AS THE "MAROLT PARCEL", INCLUDING THE MAROLT BARN AND OUTBUILDINGS FOR OPERATION OF A MUSEUM "Shall the City Council of the City of Aspen, Colorado, be authorized to enter into a long-term real estate lease with the Aspen Historical Society for approximately 1.9 acres of City-owned real property located on that area commonly known as the 'Marolt Parcel', including the Marolt Barn and outbuildings for operation of a museum." QUESTION NO. 5 - SHALL THE CITY COUNCIL OF THE CITY OF ASPEN CONTINUE TO FLUORIDATE CITY WATER "Shall the City Council of the City of Aspen continue to fluoridate its public water supply distributed through the City water system?" QUESTION NO. 6 - REPEALING AND RENNACTING SECTION 2.2 OF THE MUNICIPAL CHARTER OF THE CITY OF ASPEN TO ESTABLISH A GENERAL ELECTION IN NOVEMBER "Shall Section 2.2 of the Municipal Charter of the City of Aspen, Colorado, be repealed and reenacted to establish the general municipal election in the second Tuesday of Novem- ber, such that Section 2.2, as repealed and reenacted, would read as follows: (a) A general municipal election shall be held on the Tuesday succeeding the first Monday of November in each even numbered year. This amendment shall not affect the terms of those candidates elected at the May 2, 1989, general election. A general municipal election shall be held on the Tuesday succeeding the first Monday of November, 1990, and biennially thereafter. Candidates elected at the general election held the on the Tuesday succeeding the first Monday of November, 1990, shall take office June 1, 1991. A general elec- tion shall be held on the Tuesday succeeding the first Monday of November, 1992 for the terms of the council- members expiring June 1, 1993 and biennially there- after. Candidates elected at the general election held on the Tuesday succeeding the first Monday of November, 1992, shall take office June 1, 1993. (b) A 'primary election' shall be held on the second Tuesday of August in each even numbered year, beginning on the second Tuesday of August, 1990, and biennially thereafter. (c) Nomination petitions for elective office may be circu- lated and signed beginning on the fiftieth day and ending on the thirtieth day prior to the primary election. When there are more than two (2)persons standing for election to a given office, all such persons shall have their names placed on a ballot which shall be voted on and the two candidates for elective office receiving the first and second highest number of 8 votes at the primary election shall be certified by the City Clerk to appear on the ballot for the General Election. In the event that any candidate who runs in the primary election and is duly certified to the General Election withdraws, dies or is otherwise disqualified from running in the General Election at least thirty (30) days prior to the General Election, the person who received the third highest number of votes in the primary election for such office shall be certified as a candidate for the general election. (d) Any special municipal election may be called by resolu- tion or ordinance of the Council at least sixty (60) days in advance of such election. The resolution or ordinance calling a special municipal election shall set forth the purpose or purposes of such election. (e) Polling places for all municipal election shall be open from 7:00 a..m to 7:00 p.m. on election day." QUESTION NO. 7 - AMENDING THE CITY CHARTER TO LIMIT THE TERMS OF COUNCILPERSONS TO NOT MORE THAN TWO (2) CONSECUTIVE FOUR-YEAR TERMS - "Shall Section 3.2 of the Home Rule Charter of the City of Aspen, Colorado, be amended by the adoption of the itali- cized language limiting the terms of Councilpersons to not more than two (2) consecutive four-year terms, such that Section 8.2, as amended would read as follows: The terms of the office of Councilpersons shall be four (4) years as hereinafter provided; in the general municipal election to be held in 1981 the candidate receiving the highest number of votes shall be elected for a four (4) year term. In the general municipal election to be held in 1983, the two (2) candidates receiving the highest number of votes shall be elected for four (4) year terms and the candidate receiving the third highest number of votes shall be elected for a two (2) year term. At all municipal elections there- after, the two (2) candidates receiving the highest number of votes will be elected for four (4) year terms Councilper- sons shall not serve more than two (2) consecutive four-year terms." On each voting machine there shall be spaces which will permit the elector to indicate his or her vote "FOR THE QUESTION" or "AGAINST THE QUESTION". Section 3 Notice of the election on the proposed question shall be published in the Aspen Times, a newspaper published and of general circulation in said city, and the edition of said news- paper dated , 1989, and a copy of such Notice shall be posted in the office of the City Clerk at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving Notice of the election, the questions to be submitted, as hereinabove provided, which notice shall be in substantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF PROPOSED QUESTIONS TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT THE GENERAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MAY 2, 1989 PUBLIC NOTICE IS HEREBY GIVEN THAT, at the general election to be held in the City of Aspen on Tuesday, May 2, 1989, between the hours of 7 a.m. and 7 p.m., there will be submitted a pro- posed questions to the registered electors of the City as fol- lows: QUESTION NO. 1 - USING THAT PORTION OF THAT CITY-OWNED PROPERTY COMMONLY KNOWN AS THE "MAROLT/THOMAS PARCELS" FOR EMPLOYEE/MAA HOUSING PURPOSES "Pursuant to Section 13.4 of the City Charter of the City of Aspen, Colorado, shall the City Council be authorized to sell, use or dispose of that property located within the City-owned property commonly known as the 'Marolt Parcel' as reflected on the Marolt Ranch Subdivision Plat, Plat Book 12, Page 1 et seq., of the Pitkin County Clerk and Recorder's records, and Lot 2 of the City-owned property known as the 'Thomas Parcel', as depicted on the City Thomas Property Subdivision Exception Plat, Plat Book 14, Page 41 et seq., of the Pitkin County Clerk and Recorder's records for employee/MAA housing purposes, described as follows: A tract of land situate in Sections 12 and 13, Township 10 South, Range 85 West of the 6th P.M., being more particu- larly described as depicted in Exhibit 'A'". 10 QUESTION NO. 2 - IMPOSITION OF A GRADUATED REAL ESTATE TRANSFER TAX ON ALL NON-EXEMPT TRANSFER OF REAL PROPERTY WITHIN THE CITY OF ASPEN "Shall the City Council of the city of Aspen, Colorado, be authorized to adopt, by ordinance, a graduated real estate transfer tax, not to exceed two and one/half percent (2.5%) on a declining schedule of one/half percent (1/2%) per year, the life of said tax not to exceed five (5) years on all non-exempt transfers of real property within the City of Aspen, County of Pitkin, State of Colorado, for the acquisi- tion of vacant land and existing buildings for employee housing purposes, construction and reconstruction of employ- ee housing, maintenance of employee housing projects, and repayment of the Land Fund for the value of all open space acquisitions converted into employee housing uses, and all costs associated therewith." QUESTION NO. 3 - ISSUANCE OF A GENERAL OBLIGATION BOND NOT TO EXCEED $4.6 MILLION FOR THE PURPOSE OF RENOVATION/EXPANSION OF THAT PROPERTY FORMERLY KNOWN AS THE RED ROOF INN FOR EMPLOYEE HOUSING/MAA HOUSING PURPOSES, AND REIMBURSING THE CITY FOR PREVIOUS CAPITAL EXPENDITURES THEREFOR "Shall the City Council of the City of Aspen, Colorado, be authorized to issue general obligation bonds, in an amount not to exceed Four Million Six Hundred Thousand Dollars ($4,600,000.00), the term not to exceed twenty (20) years, and the interest rate not to exceed ten percent (10%) for the renovation and expansion of that property formerly known as the 'Red Roof Inn' located at 22475 State Highway 82 in the City of Aspen ($3,600,000.00), such facility to be leased to the Aspen/Pitkin Housing Authority, and for the reimbursement of capital expenditures previously incurred by the City with respect thereto ($1,000,000.00)? Improvements shall not exceed seventy-five thousand (75,000) square feet in size, comprising not more than an additional one hundred (100) rooms and accessory facilities, including, but not limited to, bathrooms, living rooms, laundry facility and kitchens. Proceeds from the reimbursement of the capital expenditures shall be deposited in the Land Fund, subject to appropriation therefrom by the City Council. Said parcel is also described as Lot 2, The Aspen Golf Course Subdivision, as shown on plat thereof recorded in Plat Book 7 at Page 34, Pitkin County records." QUESTION NO. 4 - AUTHORITY TO ENTER INTO A LONG-TERM LEASE WITH THE ASPEN HISTORICAL SOCIETY, NOT TO EXCEED 75 YEARS FOR THE LEASE OF APPROXIMATELY 1.9 ACRES ON THAT CITY-OWNED PROPERTY 11 COMMONLY KNOWN AS THE "MAROLT PARCEL", INCLUDING THE MAROLT BARN AND OUTBUILDINGS FOR OPERATION OF A MUSEUM "Shall the City Council of the City of Aspen, Colorado, be authorized to enter into a long-term real estate lease with the Aspen Historical Society for approximately 1.9 acres of City-owned real property located on that area commonly known as the 'Marolt Parcel', including the Marolt Barn and outbuildings for operation of a museum." QUESTION NO. 5 - SHALL THE CITY COUNCIL OF THE CITY OF ASPEN CONTINUE TO FLUORIDATE CITY WATER "Shall the City Council of the City of Aspen continue to fluoridate its public water supply distributed through the City water system?" QUESTION NO. 6 - REPEALING AND RENNACTING SECTION 2.2 OF THE MUNICIPAL CHARTER OF THE CITY OF ASPEN TO ESTABLISH A GENERAL ELECTION IN NOVEMBER "Shall Section 2.2 of the Municipal Charter of the City of Aspen, Colorado, be repealed and reenacted to establish the general municipal election in the second Tuesday of Novem- ber, such that Section 2.2, as repealed and reenacted, would read as follows: (a) A general municipal election shall be held on the Tuesday succeeding the first Monday of November in each even numbered year. This amendment shall not affect the terms of those candidates elected at the May 2, 1989, general election. A general municipal election shall be held on the Tuesday succeeding the first Monday of November, 1990, and biennially thereafter. Candidates elected at the general election held the on the Tuesday succeeding the first Monday of November, 1990, shall take office June 1, 1991. A general elec- tion shall be held on the Tuesday succeeding the first Monday of November, 1992 for the terms of the council- members expiring June 1, 1993 and biennially there- after. Candidates elected at the general election held on the Tuesday succeeding the first Monday of November, 1992, shall take office June 1, 1993. (b) A 'primary election' shall be held on the second Tuesday of August in each even numbered year, beginning on the second Tuesday of August, 1990, and biennially thereafter. 12 (c) Nomination petitions for elective office may be circu- lated and signed beginning on the fiftieth day and ending on the thirtieth day prior to the primary election. When there are more than two (2)persons standing for election to a given office, all such persons shall have their names placed on a ballot which shall be voted on and the two candidates for elective office receiving the first and second highest number of votes at the primary election shall be certified by the City Clerk to appear on the ballot for the General Election. In the event that any candidate who runs in the primary election and is duly certified to the General Election withdraws, dies or is otherwise disqualified from running in the General Election at least thirty (30) days prior to the General Election, the person who received the third highest number of votes in the primary election for such office shall be certified as a candidate for the general election. (d) Any special municipal election may be called by resolu- tion or ordinance of the Council at least sixty (60) days in advance of such election. The resolution or ordinance calling a special municipal election shall set forth the purpose or purposes of such election. (e) Polling places for all municipal election shall be open from 7:00 a..m to 7:00 p.m. on election day." QUESTION NO. 7 - AMENDING THE CITY CHARTER TO LIMIT THE TERMS OF COUNCILPERSONS TO NOT MORE THAN TWO (2) CONSECUTIVE FOUR-YEAR TERMS "Shall Section 3.2 of the Home Rule Charter of the City of Aspen, Colorado, be amended by the adoption of the itali- cized language limiting the terms of Councilpersons to not more than two (2) consecutive four-year terms, such that Section 8.2, as amended would read as follows: The terms of the office of Councilpersons shall be four (4) years as hereinafter provided; in the general municipal election to be held in 1981 the candidate receiving the highest number of votes shall be elected for a four (4) year term. In the general municipal election to be held in 1983, the two (2) candidates receiving the highest number of votes shall be elected for four (4) year terms and the candidate receiving the third highest number of votes shall be elected for a two (2) year term. At all municipal elections there- after, the two (2) candidates receiving the highest number of votes will be elected for four (4) year terms Councilper- 13 sons shall not serve more than two {2) consecutive four-year terms." POLLING PLACE LOCATIONS TO BE DETERMINED Those electors who are otherwise fully qualified to vote on said questions at such election, but who are or will be unable to appear at the polling place on the date of the election, may apply in writing at the office of the City Clerk, at the Aspen city Hall, for an absentee ballot, or at any time during business hours, on or before . The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as may be in the manner prescribed by law for the general election of municipal officers. IN WITNESS WHEREOF, the City Council has caused this notice to be given as of this day of , 1989. Kathryn S. Koch, City Clerk Published in: Aspen Times Published on: , 1989. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 14 Section 5 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6 A public hearing on the ordinance shall be held on the ~7 day of ~L~-~ , 1989, in the City Council Cha~ers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ~D ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /3 day of ~~ , 1989. L. ~ - ATTEST: Kathryn ~-Koch, City Clerk FINALLY adopted, passed and approved this ~ day of ~ , 1989. ATTEST: h, City Clerk 15