HomeMy WebLinkAboutresolution.council.072-94
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RESOLUTION NO.72
(Series of 1994)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN CERTAIN QUESTIONS
AT THE NOVEMBER 8, 1994, SPECIAL ELECTION, AND SETTING SUCH BALLOT
TITLES AND QUESTIONS.
WHEREAS, the City Council desires to place before the
electorate of the City of Aspen certain ballot questions; and
WHEREAS, Article X, Section 20(4) of the Colorado
Constitution, as adopted in the general election of November 3,
1992, requires municipalities to obtain voter approval in
advance of the extension of an expiring tax; and
WHEREAS, the election provisions of Article X, section 20(3)
of the Colorado Constitution require that financial ballot issues
be decided only in a state general election, biennial local
election, or on the first Tuesday in November of odd numbered
years; and
WHEREAS, the City Council desires to amend Ordinance No. 13,
Series of 1990, authorizing the collection of a one percent (1%)
real estate transfer tax on the value of real estate in excess of
$100,000.00, to change the expiration date of said tax from
December 31, 1994, to December 31, 2004; and
WHEREAS, the City Council is further authorized pursuant to
Section 5.7 of the Aspen City Charter to, on its own motion,
submit questions to a vote of the electorate; and
WHEREAS, Article X, Section 20 of the Colorado Constitution,
authorizes the City of Aspen to obtain voter approval to allow the
City to retain revenues received in excess of the limitations
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imposed by Article X, Section 20 of the Colorado Constitution; and
WHEREAS, the City Council is of the opinion that it is in the
best interests of the citizens of the City of Aspen that the full
revenues (with the exception of ad valorem property taxes)
generated during the 1994 fiscal year and each fiscal year
therafter in accordance with its tax code and fee schedules
(without any increase in said tax rates) should be retained by the
City of Aspen notwithstanding the limitations of Article X, Section
20, of the Colorado Constitution, and that such revenues be spent
for debt service, municipal operations, and capital projects; and
WHEREAS, the City Council desires to facilitate the
construction of a dedicated transitway between the City of Aspen,
Pitkin County Airport and the Town of Snowmass Village; and
WHEREAS, the dedicated transitway would cross City owned
property, including the Marolt Property, acquired for open space,
and Section 13.4 of the Aspen City Charter requires the approval
of the electorate to sell, exchange or dispose of property
acquired for open space; and
WHEREAS, the City Council desires to obtain the approval
from the electorate to convey necessary rights of way across City
owned property, including the Marolt and Thomas properites, to
facilitate the relocation of existing Highway 82 to align with an
approved dedicated transitway; and
WHEREAS, the City Council desires that such questions should
properly be decided by the registered electors of the City of
Aspen; and
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WHEREAS, the Aspen City Council has adopted Resolution No. 57,
Series of 1994, calling for and establishing a special election to
coincide with the date of the state general election on November
8, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
The following question, authorizing the City Council of the
City of Aspen to amend Ordinance No. 13, Series .of 1990, to extend
the expiration date of the real estate transfer tax earmarked for
affordable housing from December 31, 1994, to December 31, 2004,
shall be placed on the ballot at the City's special election to be
held on November 8, 1994:
OUESTION NO.1 - SHALL THE EXISTING CITY OF ASPEN ONE PERCENT
(1%) RBAL ESTATE TRANSFER TAX ON THE VALUE OF REAL BSTATEIN
EXCESS OF $100,000.00, AUTHORIZED BY ORDINANCE NO. 13, SERIES
OF 1990, EARMARKBD FOR AFFORDABLE HOUSING" BE EXTENDED BEYOND'
ITS CURRENT EXPIRATION DATE OF DECEMBER 31, 19~H, TO DECEMBER
31, 2004? THE ESTIMATED MAXIMUM AMOUNT TO BE COLLECTED FROM
THE EXTENSION OF THE RBAL ESTATE TRANSFBR TAX IN 1995 IS
$1,700,000.00.
"Sha.ll the City Council of the City of Aspen be authorized to
amend Ordinance No. 13, Series of 1990, authorizing collection
of a one percent (1%) real estate transfer tax on the value
of real estate in excess of $100,000.00, for acquisition,
development and maintenance of affordable housing, financing
those purposes through issuance of bonds or otherwise, and
related purposes to further affordable housing? The proposed
amendment to Ordinance No. 13, Series of 1990, is: Section
12 - Duration of Ordinance to change the expiration date of
the real estate tax from December 31, 1994, to December 31,
2004? The estimated maximum amount to be collected from the
extension of the real estate transfer tax in 1995 is
$1,700,000.00."
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Section 2.
The following question, authorizing the City of Aspen to
collect, retain, and spend the full proceeds of the City's existing
sales and real estate transfer taxes, grants, and revenues from all
sources, with the exception of revenues generated from the mill
levy (ad valorem property tax), notwithstanding any state
restriction on fiscal year spending, including without limitation
the restrictions of Article X, Section 20 of the Colorado
Constitution, effective January 1, 1994, shall be placed on the
ballot at the City's special election to be held on November 8,
1994:
OUESTION NO.2 - SHALL THE CITY OF ASPEN, COLORADO, BE
PERMITTED TO COLLECT, RETAIN, AND SPEND THE FULL
PROCEEDS OF THE CITY'S EXISTING SALES AND REAL ESTATE
TRANSFER TAXES, GRANTS, AND REVENUES FROM ALL OTHER
SOURCES WITH THE EXCEPTION OF REVENUES GENERATED FROM
THE MILL LEVY (AD VALOREM PROPERTY TAX), NOTWITHSTANDING
ANY STATE RESTRICTION ON FISCAL YEAR SPENDING, INCLUDING
WITHOUT LIMITATION THE RESTRICTIONS OF ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION, EFFECTIVE
JANUARY 1, 1994?
"This question does not create any new taxes or raise the
rate of any existing tax. Nothing in this question shall
be construed to remove the remaining restriction of
Article X, Section 20 of the Colorado Constitution which
is commonly known as Amendment One and/or the TABOR
Amendment. The following principal restrictions will
still remain in full force and effect:
(1)
(2)
(3 )
City of Aspen voter approval of all new taxes
and tax rate increases;
City of Aspen voter approval for new or
additional City of Aspen debt;
All ad valorem property tax restrictions;
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(4)
(5)
No increase or imposition of a new real
estate transfer tax; and
All election requirements."
Section 3.
The following question, authorizing the City Council to
convey rights of way across City owned property, including the
Marolt Property, acquired for open space purposes, and the
Thomas Property, acquired for transportation purposes, for the
construction of a dedicated transitway shall be placed on the
ballot at the City's special election to be held on November 8,
1994 :
OUESTION NO.4 - SHALL THE CITY COUNCIL BE AUTHORIZED TO
CONVEY NECESSARY RIGHTS OF WAY ACROSS CITY OWNED LAND
FOR THE CONSTRUCTION OF A DEDICATED TRANSITWAY?
"Shall the City Council be authorized to convey necessary
rights of way across City owned property, including the
Marolt Property, acquired for open space purposes, and
the Thomas Property, acquired for transportation purposes,
to facilitate the construction of a dedicated transitway
between the City of Aspen, pitkin County Airport and the
Town of Snowmass Village?"
Section 4.
The following question, authorizing the City Council to
convey necessary rights of way across City owned property,
including the Marolt Property, acquired for open space purposes',
and the Thomas Property, acquired for transportation purposes,
for the relocation of existing Highway 82 to align with a
dedicated transitway approved by the electorate shall be placed
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on the ballot at the City's special election to be held on
November 8, 1994:
QUESTION NO.5 - IF A DEDICATED TRANSITWAY IS APPROVED
BY QUESTION NO. 2C, ABOVE, SHALL THE CITY COUNCIL BE
AUTHORIZED TO CONVEY NECESSARY RIGHTS OF WAY ACROSS
CITY OWNED LAND TO FACILITATE THE RELOCATION OF
EXISTING HIGHWAY 82 TO ALIGN WITH THE APPROVED
DEDICATED TRANSITWAY?
"If a dedicated transitway is approved by Question
No. 2C, above, shall the City Council be authorized
to convey necessary rights of way across City owned
property, including the Marolt Property, acquired for
open space purposes, and the Thomas Property,
acquired for transportation purposes, to facilitate
the relocation of existing Highway 82, funded in
whole or in part by the Colorado Department of
Transportation, to align with a dedicated transitway
in the event that it is determined to be the
preferred alternative in the Entrance to Aspen
Environmental Impact Statement (EIS) to be issued by
the Colorado Department of Transportation?"
Section 5.
The City Clerk shall certify the ballot content as
herein resolved to the pitkin County Clerk and Recorder
prior to September 14, 1994, in accordance with Section
1-1-110, C.R.S.
In addition, the City Clerk shall be
responsible for all duties assigned to the City of Aspen
election official set forth in that Letter of Agreement
entered into between the City of Aspen and the pitkin County
Clerk and Recorder, authorized by City Council by the
adoption of Resolution No. 66, Series of 1994, for the purpose
of establishing the responsibilities of the County Clerk and
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the City of Aspen in the conduct and finance of the coordinated
election.
The City Clerk shall be responsible for preparing a
notice of election in compliance with Article X, Section 20(3)
of the Colorado Constitution which shall include, if required:
i)
The election date, hours, ballot titles and
texts, and the office address and telephone
number of the City Clerk;
ii)
For proposed city tax or bonded debt increases,
the estimated or actual total of city fiscal
year spending for the current year and each of
the past four years, and the overall
percentage and dollar change;
iii)
For the first full fiscal year of each proposed
city tax increase, estimates of the maximum
dollar amount of each increase and of city
fiscal year spending without the increase;
iv)
For proposed city bonded debt, the principle
amount and maximum annual and total repayment
cost and the principle balance of total
current city bonded debt and maximum annual
and remaining total repayment cost; and
v) Two summaries of up to 500 words each, one for
and one against each question, of written
comments filed with the City Clerk thirty
(30) days before the election. The summaries
shall not mention names of persons or private
groups, nor any endorsements of or resolutions
against a question. Petition representatives,
if any, following these rules shall write the
summary for their petition. The City Clerk
shall maintain and accurately summarize all
other relevant written comments. The City
Clerk shall certify a final and exact summary
of such comments no later than 25 days before
the election to the pitkin County Clerk.
Section 6.
The City Council finds and declares that this resolution is
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a matter of local concern pursuant to Article XX, Section 6 of the
Constitution of the State of Colorado.
ADOPTED by the City Council of the
day of .~~ ,1994.
City
INTRODUCED, READ AND
of Aspen on the /~
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JdSil 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, at a meeting held on the day herinabove stated.
Clerk
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