HomeMy WebLinkAboutresolution.council.042-94
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RESOLUTION NO. ~
Series of 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
DIRECTING THE FINANCE DIRECTOR TO ESTABLISH A DATA PROCESSING
DEPARTMENT SALES FUND AS AN ENTERPRISE FUND CONSISTENT WITH SECTION
20 OF ARTICLE X OF THE COLORADO CONSTITUTION.
WHEREAS, the electorate of the State of Colorado in the general election of November
3, 1992, approved an amendment to Article X, Section 20, of the Constitution of the State of
Colorado submitted to voters as Amendment One; and
WHEREAS, said Amendment One imposes certain requirements and limitations upon
local governments; and
WHEREAS, according to its terms, the requirements and limitations imposed by
Amendment One do not apply to "enterprises" of the City, that is, City-owned businesses which
are authorized to issue their own revenue bonds and which receive under ten percent of their
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annual revenue in grants from all Colorado state and local governments combined; and
WHEREAS, the City Council considers it to be in the best interests of the City that a
Data Processing Department Sales Fund be established as an enterprise fund and accounted for
as an Amendment One enterprise in any fiscal year in which the fund qualifies as an enterprise
in accordance with Article X, Section 20(2)(d) of the Colorado Constitution, and Section 24-77-
102(3) of the Colorado Revised Statutes; and
WHEREAS, the City Council believes that the establishment of the Data Processing
Department Sales Fund as an enterprise is consistent with the intent of Amendment One in that
the City Council desires to operate and maintain certain of its geographic information system and
computer services and facilities as a City-owned business.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
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Section 1.
That the Director of Finance is hereby directed to create a "Data Processing Department
Sales Fund" as an enterprise fund and account for the fund as an enterprise consistent wiili
Section 20 of Article X of the Colorado Constitution in any fiscal year in which the fund
qualifies as an enterprise as that term is defined by Article X, Section 20(2)(d) of the Colorado
Constitution and Section 24-77-102(3) of the Colorado Revised Statutes.
Section 2.
That the Data Processing Department Sales Fund shall constitute an enterprise of the City
which may, by ordinance of the City Council, acting ex officio as the board of such enterprise,
issue its own revenue bonds or other obligations (including refunding securities) on behalf of the
City, which revenue bonds or other obligations shall be payable solely from the net revenues
derived from the operation of the enterprise. Such revenue bonds or other obligations may be
additionally secured by mortgages on or security interests in any real or personal property of the
City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or
oilier obligations shall be adopted in the same manner and shall be subject to referendum to the
same extent as ordinances of the City Council.
Section 3.
That the Director of Finance is hereby directed pursuant to Article IX of the City of
Aspen Home Rule Charter to account for revenues of and to expend monies from the Data
Processing Department Sales Fund in accordance wiili the annual budget as may be amended by
supplemental appropriation ordinances of the City Council.
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INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 13 day of 91''' 0 , 1994.
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Joh . S. Bennett, Mayor
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,ata meeting held on the day hereinabove stated.
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Kathryn S. Koch, City Clerk
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