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HomeMy WebLinkAboutordinance.council.047-82 ORDINANCE NO. 47 (SERIES OF 1982) AN ORDINANCE CONCERNING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE GENERAL ELECTION ON NOVEMBER 2, 1982; SET- TING FORTH THE BALLOT QUESTIONS; AND PROVI- DING FOR OTHER RELATED 5~TTERS. WHEREAS, the City Council (the "Council") of the City of Aspen, Colorado (the "City"), in the County of Pitkin and State of Colorado, a municipal corporation duly organized and existing as a home rule municipal corporation pursuant to article XX of the Colorado Constitution, has determined, and does hereby determine, to submit to the electors qualified to vote thereon at a special municipal election (the "Election") to be held in conjunction with the general election on Novemw. her 2, 1982, the questions hereinafter set forth; and WHEREAS, pursuant to Sections 2.2 and 2.3 of the Charter of the City (the "Charter"), the Council has hereto- fore adopted Resolution No. 25 (Series of 1982) and Ordinance No. 46 (Series of 1982), calling the Election and setting forth the purposes thereof, and establishing the precincts therefor; and WHEREAS, this ordinance shall supplement such reso- lution and ordinance and shall supply details as to the con- duct of the Election and the questions to be submitted; and ~EREAS, the Council hereby declares its intent that the proposed transaction authorized by the Sale and Lease-Back Question set forth below shall include, without limitation, the following terms and conditions: (a) The buyer will purchase the Wheeler Opera House from the City for approximately $2,900,000 of which approximately $1,800,000 will be paid at closing and approximately $1,100,000 will be paid over fifteen years at ten percent interest; (b) The buyer, in addition to the purchase price, will be responsible for finishing the renovation program at the Wheeler Opera House for an approximate additional expendi- ture of $1,700,000; (c) The City will lease back and have control of the entire Wheeler Opera House for a period of fifteen years and will pay rent approximately in accordance with the following schedule: First year $0 (rent free) Second year $17,000' Third year $166,000 Fourth year $500,000 Fifth year $504,000 Sixth year $570,000 · .~ Seventh through Fifteenth year $820,000 each year; (d) At the end of the fifteenth year lease period the City will have an absolute option to repurchase the theatre and theatre support areas of the Wheeler Opera House at an approximate price of S3,500,000 and an absolute option to repur- chase the commercial areas of the Wheeler Opera House at market value; (e) The City will invest a sufficient amount of the purchase price paid at closing to guaranty that sufficient funds are available after the lease term to exercise the repur- chase option without requiring funding from any other source; (f) The land under the Wheeler Opera House will not be sold but will be leased to the buyer for a term not to ex- ceed 40 years; (g) Additionally, the City will use approximately $200,000 from the land fund for renovation of the Wheeler Opera House; and (h) The actual dollar amounts fixed in connection with the terms and conditions listed above may be either higher or lower than those specified herein so long as the City Council shall d~termine' the transaction considered as a whole is in the best interests of the City. NOW, THEP~EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Ail action heretofore taken by the Council and officers of the City, not inconsistent with the provisions of this ordinance, toward the Election herein authorized is here- by ratified, approved and confirmed. Section 2. There are hereby submitted at the Election to be held in the City in conjunction with the general election on November 2, 1982, the following questions: QUESTION NO. 1 SALES TAX REVENUE BOND QUESTION Shall the City of Aspen, Colorado, be authorized to issue its revenue bonds payable from and secured by a pledge of sales tax revenues, in one or more series, in an aggregate princlpa! amount not exceeding $2,500,000, or so much thereof as may be necessary, for the purpose of restoring, renovating, repairing and otherwise improving the Wheeler Opera House, such bonds to be issued and sold in such form and manner, with such maturities, bearing such interest, at such prices and otherwise upon such terms and conditions as the City Council may determine, including without limitation provisions for the redemption of such bonds prior to maturity with or without the payment of a premium? -2- QUESTION NO. 2 ~ALE AND LEASE-BACK QUESTION Shall the City of Aspen, Colorado, be auth- orized to sell the Wheeler Opera House for approxx- mately $2,900,000 and simultaneously lease it back by entering into a long-term leasehold agreemen~ providing for payments by the City in an aggregate amount not exceeding $9.820,000 with options to re- purchase and reacquire title to such property with- in a period not exceeding its useful life and in no case exceeding 40 years, such sale and leasehold agreement to be in accordance with the recitals of Ordinance No. 47 (Series of 1982) and otherwise upon such terms and conditmons and payable from such sources, including general (ad valorem) taxes, as the City Council may determine? QUESTION NO. 3 PROPOSED DEDICATION OF A ONE HUNDRED-FIFTY FOOT (150') HIGHWAY RIGHT-OF-WAY ACROSS THE THOMAS PROPERTY Shall the dedication and conveyance to the State of Colorado Department of Highways of a one hundred-fifty foot (150') right-of-way across a portion of that City-owned property, commonly known as the "Thomas Property" and currently in use as open space, located southeasterly to the inter- section of and bounded by Castle Creek Road and State Highway 82, City of Aspen, County of Pitkin, State of Colorado, be approved pursuant to Sec- tion 13.4 of the City Charter. Such right-of-way will run approximately fifteen hundred feet (1500'), in a generally easterly direction along a line run- ning from the intersection of Castle Creek Road and State Highway 82 to the intersection of Seventh Street and Main Street, and wilt be for the sole purpose of permitting the State Department of Highways to construct a two- or four-lane highway extending Main Street, as the City Council may determine? Section 3. The Election shall be held in the pre- cincts and polling places heretofore established by Ordinance No. 46 (Series of 1982) and shall be conducted in the manner prescribed by the Colorado Municipal Election Code of 1965, as amended and supplemented (the "Municipal Election Code"), except as otherwise provided in the City Charter or by ordinance, in- cluding without limitation this ordinance (it being the intent of this ordinance to supercede inconsistent provisions of the Municipal Election Code). Section 4. Each question shall be independently submitted to the registered electors of the City by electronic voting device, except that paper ballots may be used for absen- tee voting. The absentee paper ballots and the e%ectronic vot- ing ballots shall set forth in full the questions in Section 2 hereof, and otherwise shall be in such form as will give full effect to this ordinance and the laws governing the Election. -3- Section 5. Electors of the City may vote in the ,£'~lection by absent voter's ballot under the terms and condi- tions prescribed by the Municipal Election Code. Except for emergency absentee voting, as permitted by Section 31-10-1010 thereof, an application for an absent voter's ballot shall be filed in writing with the City Clerk not later than Friday, October 29, 1982. Section 6. No vote shall be received or permitted by the judges of election unless the person offering the same shall be a qualified elector of the City who is registered as provided by law. Section 7. Public notice of the Election shall be given: Ao By causing the notice of the Election to be published in The Aspen Times, a newspaper of general circula- tion in the City, on Thursday, October 21, 1982 (being the n%xt to the last issue before the day of the Election), but if it is impracticable to publish such notice on October 21, 1982, such publication sha.ll be made on the earliest possible day before such date; and B. By posting, or causing to be posted, con- spicuously, not later than Saturday, October 23, 1982, a copy of the notice of the Election in a conspicuous place in the office of the City Clerk, which notice shall remain so posted until after the Election. The notice of the Election shall state the date of the election and the hours during which the polls will be open, shall designate the polling places for the election, and shall state each of the questions to be voted upon. There shall also be posted conspicuously at the polling places for the Election a sign substantially in the following form: "Polling Place for Precinct No. (Special Municipal Election).~ Section 8. Suck notice of the Election shall be in substantially the following form: -4- NOTICE OF SPECIAL MUNICIPA/~ ELECTION TO BE HELD IN CONJUNCTION WITH THE GENERAL ELECTION ON TUESDAY, NOVEMBER 2, 1982 CITY OF ASPEN, COLORADO NOTICE IS HEREBY GIVEN that there will be submitted at a special municipal election to be held in the City in con- junction with the general election on Tuesday, November 2, 1982, the following questions: QUESTION NO. 1 SALES TAX REVENUE BOND QUESTION: Shall the City of Aspen, Colorado, be authorized to issue its revenue bonds payable from and secured by a pledge of sales tax revenues, in one or more series, in an aggregate principal amount not exceeding ~* $2,500,000, or so much thereof as may be necessary, for the purpose of restoring, renovating, repairing and otherwise improving the Wheeler Opera House, such bonds to be issued and sold in such form and manner, with such maturities, bearing such interest, at such prices and otherwise upon such terms and conditions as the City Council may determine, including without limitation provisions for the redemption of such bonds prior to maturity with or without the payment of a premium? YES NO QUESTION NO. 2 SALE AND LEASE-BACK QUESTION: Shall the City of Aspen, Colorado, be authorized to sell the Wheeler Opera House for approximately $2,900,000 and simultaneously lease it back by enter- ing into a long-term leasehold agreemen= providing for payments by the City in an aggregate amount not exceed- ing $9,820,000 with options to repurchase and reacquire title to such property within a period not exceeding its useful life and in no case exceeding 40 years, such sale and .leasehold agreement to be in accordance with the recitals of Ordinance No. 47 (Series of 1982) and otherwise upon such terms and conditions and payable from such sources, including general (ad valorem) taxes, as the City Council may determine? YES NO QUESTION NO. 3 PROPOSED DEDICATION OF A ONE HUNDRED-FIFTY FOOT (150') HIGHWAY RIGHT-OF-WAY ACROSS THE THOMAS PROPERTY Shall the dedication and conveyance to the State Of Colorado Department of Highways of a one hundred- -5- fifty foot (150') right-of-way across a portion of that City-owned property, commonly known as the "Thomas Proper~" and currently an use as open space, located southeasterly to the inter- section of and bounded by Castle Creek Road and State Highway 82, City of Aspen, County of Pitkin, State of Colorado, be approved pursuant to Sec- tion 13.4 of the City Charter. Such right-of-way will run approximately fifteen hundred feet (1500'), in a generally easterly direction along a line running from the intersection of Castle Creek Road and State Highway 82 to the inter- section of Seventh Street and Main Street, and will be for the sole purpose of permitting the State Department of Highways to construct a two- or four-lane highway extending Main Street, as the City Council may determine? YES NO Each such proposal is independently submitted for ~ voter consideration and the passage or defeat of one shall in no manner affect the passage or defeat of the others. In the event both the Sales Tax Revenue Bond Question and the Sale and Lease-Back Question are approved, the City Council shall deter- mine which of the financing alternatives will be pursued. The recitals of Ordinance No. 47 (Series of 1982) provide in relevant part: "WHEREAS, the Council hereby declares its intent that the proposed transaction authorized by the Sale and Lease-Back Question set forth below shall include, without limi- tation, the following terms and conditions: (a) The buyer will purchase the Wheeler Opera House from the City for approximately $2,900,000 of which approximately $1,800,000 will be paid at closing and approximately $1,100,000 will be paid over fifteen years at ten percent interest; (b) The buyer, in addition to the purchase price, will be responsible for finishing the renovation program at the Wheeler Opera House for an approximate additlonal expen- diture of $1,700,000; (c) The City will lease back and have control of the entire Wheeler Opera House for a period of fifteen years and will pay rent approximately in accordance with the following schedule: First year $0 (rent free) Second year $17,000 Third year $166,000 Fourth year $500,000 Fifth year $504,000 Sixth year $570,000 Seventh through Fifteenth year $820,000 each year; -6- (d) At the end of the fifteen year lease period the City will have an absolute option to repurchase the theatre and theatre support areas of the Wheeler Opera House at'an approximate price of $3,500,000 and an absolute option to repurchase the commercial areas of the Wheeler Opera ~ouse at market value; (~) The City will invest a sufficient amount of the purchase price paid at closing to guaranty that sufficient funds are available after the lease term to exercise the repur- chase option without requiring funding from any other source; (f) The land under the Wheeler Opera House will not be sold but will be leased to the buyer for a term not to ex- ceed 40 years; (g) Additionally, the City will use approximately $200,000 from the land fund for renovation of the Wheeler Opera House; and ~ (h) The actual dollar amounts fixed in connection with the terms and conditions listed above may be either higher or lower than those specified herein so long as the City Council shall determine the transaction considered as a whole is in the best interests of the City. The following precincts and polling places, hereto- fore established by Ordinance No. 46 (Series of 19825, shall be the precincts and polling places for the election: Municipal Election General Election Precinct No. Precinct No. Polling Places 1 1 St. Mary's Church 2 2 Chateaux Du~aont 3 3 Upper Elementary School 4 4 Christ Episcopal Church 5 5 First Baptist Church The polls will be opened at 7:00 a.m. and will be closed at 7:00 p.m. No vote will be received by the judges of election unless the person offering to vote shall be at least eighteen years of age and a citizen of the United States, who shall have resided in the City for thirty-two days immediately preceding the election, and who shall also. be registered as provided by law. Requests for applications for absentee ballots may be made orally or in writing, but the applications themselves shall be in writing. When any.=egistered elector of the City shall be absent from the City on the day of the election, or by reason of his or her work or the nature of his or her employ- ment is likely to be absent and fears that he or she will be absent from the City on that day, or because of serious illness or physical disability or for reasons based upon the doctrines ,of established religions shall be unable to attend the polls, ~uch elector may file a written application with the City · Clerk for an absentee voter's ballot by not later than the close of business on the Friday immediately preceding the elec- tion, i.e., October 29, 1982, and may cast an absentee ballot in the manner provided by the Colorado Municipal Code of 1965, as amended. Notwithstanding the foregoing, emergency absentee voting will be permitted under the terms and conditions of Section 31-10-1010, C.R.S. 1973, as amended. Ail absentee ballots must be received by the City Clerk not later than 5:00 p.m. on the day of the election. IN TESTIMONY W~EREOF, the City Clerk of the City of Aspen has caused this notice to be dated this , 1982. /s/Kathryn S. Koch Chairwoman, Election Commission -8- Section 9. The passage or defeat of any of the ~.uestions shall in no manner affect the passage or defeat of ,P~he others. In the event both the Sales Tax Revenue Bond Question and the Sale and Lease-Back Question are approved the City Council shall determine which of the financing alterna- tives will be pursued. Section 10. The Council hereby delegates to the Election Commission the authority and responsibility to appoint judges of election pursuant to law, which appointments shall be made at least fifteen days prior to the Election. Section 11. The officers of the City be, and they hereby are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. Section 12. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision of this or- dinance shall not affect any of the remaining provisions of this ordinance. Section 13. All ordinances, resolutions, bylaws and regulations of the City in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 14. A public hearing on this ordinance shall be held on the 27th day of September, 1982, at 5:00 p.m., in the City Council Chambers, Aspen City Hall, 130 South Galena Street, Aspen, Colorado. Section 15. Immediately upon its final passage, this ordinance shall be numbered and recorded in the official records of the City kept for that purpose, authenticated by the signatures of the Mayor and City Clerk and by the certi- ficate of publication thereof, and shall be published in full in The Aspen Times, a legal newspaper of general circulation in the City. This ordinance shall'take effect five days after such publication. -9- INTRODUCED, READ AND ORDERED published as provided ~y law by the City Council of the City of Aspen, Colorado, at ' its regular meeting held on September 13, 1982. - (SEAL)- '~ Kathryn S~ Koch, City Clerk FINALLY ADOPTED, PASSED AND APPROVED the ~ day of ~ 1982. or Attest: - ~ch, City Clerk- -10-