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HomeMy WebLinkAboutresolution.council.012-87 RESOLUTION NO. / Q...., (Series of 1987) A RESOLUTION SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ASPEN, AT A GENERAL MUNICIPAL ELECTION TO BE HELD MAY 5, 1987, QUESTIONS CONCERNING THE FOLLOWING MATTERS: * AUTHORIZATION FOR THE IMPOSITION OF AN ADDITIONAL ONE PERCENT (1%) SALES TAX; AND * IN CONNECTION WITH AUTHORIZATION FOR THE IMPOSITION OF A ONE PERCENT (1%) SALES TAX, THE ISSUANCE OF SALES TAX REVENUE BONDS FOR MULTI-USE RECREATIONAL FACILITIES; AND * IN CONNECTION WITH THE IMPOSITION OF A ONE PERCENT (1%) SALES TAX, THE ISSUANCE OF SALES TAX REVENUE BONDS FOR PERFORMING ARTS FACILITIES; AND * IN CONNECTION WITH THE IMPOSITION OF A ONE PERCENT SALES TAX, THE ISSUANCE OF SALES TAX REVENUE BONDS FOR PARKING FACILI- TIES; AND * THE ISSUANCE OF GENERAL OBLIGATION BONDS TO FINANCE CITY HALL IMPROVEMENTS; AND * AUTHORIZING AN AMENDMENT TO SECTION 4.11 OF THE CHARTER ALLOWING FOUR (4) COUNCILMEMBERS TO PASS AN EMERGENCY ORDINANCE; AND * APPROVAL OF THE SALE, EXCHANGE OR OTHER DISPOSITION OF THE ASPEN ICE GARDEN TO FACILITATE THE DEVELOPMENT OF A MULTI-USE RECREATIONAL FACILITY; AND * APPROVAL OF THE CONVEYANCE TO THE COUNTY OF PITKIN OF THE CITY'S INTEREST IN THE DUMP SITE 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: * Authorization for the imposition of a one percent (1%) sales tax; * The issuance of sales tax revenue bonds for multi-use recreational facilities, performing arts facilities and parking facilities; * The issuance of general obligation bonds to finance City Hall improvements; * Authorizing an amendment to Section 4.11 of the Charter allowing four (4) councilmembers to pass an emergency ordinance; * Approval of the sale, exchange or other disposition of the Aspen Ice Garden to facilitate the development of a multi-use recreational facility; and * Approval of the conveyance to the County of Pitkin of the City's interest in the dump site. NOW, THEREFORE, BE IT RESOLVED 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 5, 1987, there shall be sub- mitted to a vote of the registered electors of the City the following questions: QUESTION NO.1 IMPOSITION OF AN ADDITIONAL ONE PERCENT (1%) SALES TAX. "Shall the imposition of an additional one percent (1%) sales tax as more specifically set forth in Ordinance No. 13 (Series of 1987) be approved? Ordinance No. 13 is entitled as follows: 2 An ordinance imposing an additional one percent (1%) sales tax in the City of Aspen, Colorado, thereby increasing the City sales tax to two percent (2%) upon the selling of tangible personal property at retail upon every retailer or furnishing of services in the City of Aspen, Colorado, operative and effective on and after July 1, 1987; providing that the additional revenues received by said increase may be expended by the city Council for recreational, cultural and public facilities such as, but not limited to, multi-use recreational facilities, performing arts facilities and parking facilities, including recreational and cultural programs, capital improvements, capital expenditures, land acquisition, general operating purposes, paYment of indebtedness incurred in connection therewith, reserves and for the expenditures necessary to protect any such property against loss or damage or destruction; providing that the City Council may amend, alter or change said ordinance except as to the percentage of tax and may repeal said tax if all indebtedness secured hereby is paid or provided for; and providing details in relation to the foregoing" Copies of the ordinance shall be made available in the office of the City Clerk prior to the election and at the polls. QUESTION NO.2 ISSUANCE OF SALES TAX REVENUE BONDS FOR MULTI-USE RECREA- TIONAL FACILITIES "If the voters approve the imposition of an additional one percent (1%) sales tax as provided in Question No.1, shall the City of Aspen, Colorado, issue interest-bearing bonds of the City in an aggregate amount not exceeding $5,000,000.00, bearing interest at a net effective interest rate not exceeding 9 1/2% per annum and maturing not later than July 1, 2009, said bonds to be issued and sold in such manner, upon such terms and with such redemption features as the City Council may determine, for the purpose of financing multi-use recreational facilities, including capital improvements, capital expenditures, recreational programs, land acquisition, general operating purposes, reserves and issuance costs in connection therewith and for expenditures necessary to protect any such property against loss or damage or destruction." 3 QUESTION NO.3 ISSUANCE OF SALES TAX REVENUE BONDS FOR PERFORMING ARTS FACILITIES "If the voters approve the imposition of an additional one percent (1%) sales tax as provided in Question NO.1, shall the City of Aspen, Colorado, issue interest-bearing bonds of the City in an aggregate amount not exceeding $5,000,000.00, bearing interest at a net effective interest rate not exceeding 9 1/2% per annum and maturing not later than July 1, 2009, said bonds to be issued and sold in such manner, upon such terms and with such redemption features as the City Council may determine, for the purpose of financing performing arts facilities, including capital improvements, capital expenditures, cultural programs, land acquisition, general operating purposes, reserves and issuance costs in connection therewith and for expenditures necessary to protect any such property against loss or damage or destruc- tion." QUESTION NO.4 ISSUANCE OF SALES TAX REVENUE BONDS FOR PARKING FACILITIES "If the voters approve the imposition of an additional one percent (1%) sales tax as provided in Question NO.1, shall the City of Aspen, COlorado, issue interest-bearing bonds of the City in an aggregate amount not exceeding $4,000,000.00, bearing interest at a net effective interest rate not exceeding 9 1/2% per annum and maturing not later than July 1, 2009, said bonds to be issued and sold in such manner, upon such terms and with such redemption features as the City Council may determine, for the purpose of financing parking facilities, including capital improvements, capital expenditures, land acquisition, general operating purposes, reserves and issuance costs in connection therewith and for expenditures necessary to protect any such property against loss or damage or destruction." QUESTION NO.5 ISSUANCE OF GENERAL OBLIGATION BONDS TO FINANCE COST OF RENOVATING CITY HALL "Shall the City of Aspen, Colorado, issue interest-bearing bonds in an aggregate principal amount not exceeding $1,500,000.00, for the purpose of renovating and recon- 4 structing the present City Hall and paying costs of issuance of said bonds, said bonds to be payable from a pledge of the full faith and credit of the City, said bonds to bear interest at a net effective interest rate not exceeding nine and one-half percent (9 1/2%) per annum and to mature not later than December 31, 2009, and said bonds to be issued and sold in such manner, upon such terms and with such redemption features as the City Council may determine?" QUESTION NO.6 CHARTER AMENDMENT - REDUCING THE NUMBER OF COUNCIL MEMBERS NECESSARY TO APPROVE AN EMERGENCY ORDINANCE FROM FIVE (5) TO FOUR (4) "Shall Section 4.11 of the City Charter of the City of Aspen, Colorado, be amended by the repeal and reenactment of Section 4.11 as follows: Emergency ordinances for the preservation of pUblic pro- perty, health, peace, or safety shall be approved only by the unanimous vote of council members present or a vote of four (4) council members, whichever is less. The facts, showing such urgency and need shall be specifically state in the measure itself. No ordinance making a grant of any special privilege, levying taxes, or fixing rates charged by any city-owed utility shall ever be passed as an emergency measure. An emergency ordinance shall require passage at two meetings of the council. However, neither a public hearing nor a first publication as provided in Section 4.10 shall be required. An emergency ordinance shall take effect upon final passage. Publication shall be within 10 days after final passage, or as soon thereafter as possible." QUESTION NO.7 APPROVAL OF SALE, EXCHANGE OR OTHER DISPOSITION OF THE ASPEN ICE GARDEN TO FACILITATE THE DEVELOPMENT OF A MULTI-USE RECREATIONAL FACILITY "In connection with the development of a multi-use recrea- tional facility, shall the sale, exchange or other disposi- tion by the City Council of that City-owned real property and building thereon commonly known as the Aspen Ice Garden, located at 233 West HYman Avenue, specifically described as: 5 Lots A, B, C, D, E, F, G, H and I Block 54 City and Townsite of Aspen be approved pursuant to Section 13.4 of the City Charter. Such sale, exchange or other disposition of said real property and building will be on such terms and conditions and in such manner as the City Council deems appropriate to facilitate development of a multi-use recreational facil- ity?" QUESTION NO.8 APPROVAL OF CONVEYANCE OF CITY'S INTEREST IN DUMP SITE TO COUNTY OF PITKIN "Shall the City Council be authorized to convey to the County of Pitkin, the City of Aspen's interest in that real property jointly owned by the City of Aspen and the County of Pitkin, located in the unincorporated area of Pitkin County, commonly known as the "County Dump", specifically described as follows: A tract of land being parts of Lots 3, 5, 13, 15 and 16 of Section 8 and parts of Lots 8, 10, 11, 12, 13, 14, 18 and 19 of Section 7, all in Township 9 South, Range 85 West of the sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at a point whence the Northwest Corner of said Section 8 bears North 17 19'30" West, 509.9 feet; thence South 56 05' East 1083.9 feet; thence South 87 08' East 488.5 feet; thence S 17 58' East 1361.2 feet; thence S 25 05' West 466.3 feet; thence South 57 59' West 3448.3 feet; thence North 77 02' West 948.7 feet; thence North 49 30' West 1264.8 feet; thence North 45 24' East 2514.7 feet; thence North 65 27' East 644.3 feet; thence North 14 04' East 1058.6 feet; thence North 82 30' East 571.4 feet to the point of beginning. Said conveyance shall be on such terms and conditions as the City Council may deem appropriate." 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". 6 Section 4 Notice of the election on the proposed questions shall be published in the Aspen Times, a newspaper published and of general circulation in said City, and the edition of said newspaper dated ~~~3 , 1987, 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 5, 1987 PUBLIC NOTICE IS HEREBY GIVEN THAT, at the general election to be held in the City of Aspen on Tuesday, May 5, 1987, between the hours of 7 a.m. and 7 p.m., there will be submitted proposed questions to the registered electors of the City as follows: QUESTION NO.1 IMPOSITION OF AN ADDITIONAL ONE PERCENT (1%) SALES TAX. "Shall the imposition of an additional one percent (1%) sales tax as more specifically set forth in Ordinance No. 13 (Series of 1987) be approved? Ordinance No. 13 is entitled as follows: An ordinance imposing an additional one percent (1%) sales tax in the City of Aspen, COlorado, thereby increasing the City sales tax to two percent (2%) upon the selling of tangible personal property at retail upon every retailer or furnishing of services in the City of Aspen, Colorado, operative and effective on and after July 1, 1987; providing that the additional revenues received by said increase may be expended by the City Council for recreational, cultural 7 and public facilities such as, but not limited to, multi-use recreational facilities, performing arts facilities and parking facilities, including recreational and cultural programs, capital improvements, capital expenditures, land acquisition, general operating purposes, paYment of indebtedness incurred in connection therewith, reserves and for the expenditures necessary to protect any such property against loss or damage or destruction; providing that the City Council may amend, alter or change said ordinance except as to the percentage of tax and may repeal said tax if all indebtedness secured hereby is paid or provided for; and providing details in relation to the foregoing" Copies of the ordinance shall be made available in the office of the City Clerk prior to the election and at the polls. QUESTION NO.2 ISSUANCE OF SALES TAX REVENUE BONDS FOR MULTI-USE RECREA- TIONAL FACILITIES "If the voters approve the imposition of an additional one percent (1%) sales tax as provided in Question NO.1, shall the City of Aspen, Colorado, issue interest-bearing bonds of the City in an aggregate amount not exceeding $5,000,000.00, bearing interest at a net effective interest rate not exceeding 9 1/2% per annum and maturing not later than July 1, 2009, said bonds to be issued and sold in such manner, upon such terms and with such redemption features as the City Council may determine, for the purpose of financing multi-use recreational facilities, including capital improvements, capital expenditures, recreational programs, land acquisition, general operating purposes, reserves and issuance costs in connection therewith and for expenditures necessary to protect any such property against loss or damage or destruction." QUESTION NO.3 ISSUANCE OF SALES TAX REVENUE BONDS FOR PERFORMING ARTS FACILITIES "If the voters approve the imposition of an additional one percent (1%) sales tax as provided in Question NO.1, shall the City of Aspen, Colorado, issue interest-bearing bonds of the City in an aggregate amount not exceeding $5,000,000.00, bearing interest at a net effective interest rate not 8 exceeding 9 1/2% per annum and maturing not later than July 1, 2009, said bonds to be issued and sold in such manner, upon such terms and with such redemption features as the City Council may determine, for the purpose of financing performing arts facilities, including capital improvements, capital expenditures, cultural programs, land acquisition, general operating purposes, reserves and issuance costs in connection therewith and for expenditures necessary to protect any such property against loss or damage or destruc- tion." QUESTION NO.4 ISSUANCE OF SALES TAX REVENUE BONDS FOR PARKING FACILITIES "If the voters approve the imposition of an additional one percent (1%) sales tax as provided in Question NO.1, shall the City of Aspen, Colorado, issue interest-bearing bonds of the City in an aggregate amount not exceeding $4,000,000.00, bearing interest at a net effective interest rate not exceeding 9 1/2% per annum and maturing not later than July 1, 2009, said bonds to be issued and sold in such manner, upon such terms and with such redemption features as the City Council may determine, for the purpose of financing parking facilities, including capital improvements, capital expenditures, land acquisition, general operating purposes, reserves and issuance costs in connection therewith and for expenditures necessary to protect any such property against loss or damage or destruction." QUESTION NO.5 ISSUANCE OF GENERAL OBLIGATION BONDS TO FINANCE COST OF RENOVATING CITY HALL "Shall the City of Aspen, Colorado, issue interest-bearing bonds in an aggregate principal amount not exceeding $1,500,000.00, for the purpose of renovating and recon- structing the present City Hall and paying costs of issuance of said bonds, said bonds to be payable from a pledge of the full faith and credit of the City, said bonds to bear interest at a net effective interest rate not exceeding nine and one-half percent (9 1/2%) per annum and to mature not later than December 31, 2009, and said bonds to be issued and sold in such manner, upon such terms and with such redemption features as the City Council may determine?" 9 - ---- ---...-." -------------~-_._._-- QUESTION NO.6 CHARTER AMENDMENT - REDUCING THE NUMBER OF COUNCIL MEMBERS NECESSARY TO APPROVE AN EMERGENCY ORDINANCE FROM FIVE (5) TO FOUR ( 4 ) "Shall Section 4.11 of the City Charter of the City of Aspen, Colorado, be amended by the repeal and reenactment of Section 4.11 as follows: Emergency ordinances for the preservation of public pro- perty, health, peace, or safety shall be approved only by the unanimous vote of council members present or a vote of four (4) council members, whichever is less. The facts, showing such urgency and need shall be specifically state in the measure itself. No ordinance making a grant of any special privilege, levying taxes, or fixing rates charged by any city-owed utility shall ever be passed as an emergency measure. An emergency ordinance shall require passage at two meetings of the council. However, neither a public hearing nor a first publication as provided in Section 4.10 shall be required. An emergency ordinance shall take effect upon final passage. Publication shall be within 10 days after final passage, or as soon thereafter as possible." QUESTION NO.7 APPROVAL OF SALE, EXCHANGE OR OTHER DISPOSITION OF THE ASPEN ICE GARDEN TO FACILITATE THE DEVELOPMENT OF A MULTI-USE RECREATIONAL FACILITY "In connection with the development of a multi-use recrea- tional facility, shall the sale, exchange or other disposi- tion by the City Council of that City-owned real property and building thereon commonly known as the Aspen Ice Garden, located at 233 West HYman Avenue, specifically described as: Lots A, B, C, D, E, F, G, H and I Block 54 City and Townsite of Aspen be approved pursuant to Section 13.4 of the City Charter. Such sale, exchange or other disposition of said real property and building will be on such terms and conditions and in such manner as the City Council deems appropriate to facilitate development of a mUlti-use recreational facil- ity?" 10 QUESTION NO.8 APPROVAL OF CONVEYANCE OF CITY'S INTEREST IN DUMP SITE TO COUNTY OF PITKIN "Shall the City Council be authorized to convey to the County of Pitkin, the City of Aspen's interest in that real property jointly owned by the City of Aspen and the County of Pitkin, located in the unincorporated area of Pitkin County, commonly known as the "County Dump", specifically described as follows: A tract of land being parts of Lots 3, 5, 13, 15 and 16 of Section 8 and parts of Lots 8, 10, 11, 12, 13, 14, 18 and 19 of Section 7, all in Township 9 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at a point whence the Northwest Corner of said Section 8 bears North 17 19'30" West, 509.9 feet; thence South 56 05' East 1083.9 feet; thence South 87 08' East 488.5 feet; thence S 17 58' East 1361.2 feet; thence S 25 05' West 466.3 feet; thence South 57 59' West 3448.3 feet; thence North 77 02' West 948.7 feet; thence North 49 30' West 1264.8 feet; thence North 45 24' East 2514.7 feet; thence North 65 27' East 644.3 feet; thence North 14 04' East 1058.6 feet; thence North 82 30' East 571.4 feet to the point of beginning. Said conveyance shall be on such terms and conditions as the City Council may deem appropriate." POLLING PLACES Precinct 1 - st. Mary's Church Precinct 2 - Chateau Dumont Conference Room Precinct 3 - Upper Elementary School Precinct 4 - Christ Episcopal Church Precinct 5 - First Baptist Church 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 absen ee ballot, or at any time during business hours, on or before /9$ The votes cast e 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 11 VL.L.....V~LD. manner prescribed by law for the general election of municipal officers. IN WITNESS WHEREOF, t~City Council has caused this notice to be given as of this ~ day of r7~~~~ , 1987. ~/4ev Kathryn . KOCh, City Clerk Published in: AS~ Ti~~s Published on: ~_~ ,,;:13 , 1987. Dated: ~J~ ~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ ~ , 1987. ~lJ~~ Kathryn S Koch, City Clerk 12