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Home My WebLink Aboutresolution.council.016-97 e' RESOLUTION NO. II)" (Series of 1997) 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 MAY 6,1997, MUNICIPAL ELECTION, AND SETTING SUCH BALLOT TITLES AND QUESTIONS. 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 requires 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, Section 2.2 of the Aspen City Charter calls for general municipal elections e to be held on the first Tuesday after the first Monday in May of odd numbered years; and WHEREAS, the Aspen City Council is further authorized pursuant to Section 5.7 of the Aspen Home Rule Charter to, on its own motion, submit questions to a vote of the electorate; 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 to amend Ordinance No. 20, Series of 1979, to extend the expiration date of the real estate transfer tax earmarked for the maintenance of the Wheeler Opera House and the support of the visual and performing arts from December 31, 1999, to December 31, 2019, shall be placed on the ballot at the City's biennial . election to be held on May 6, 1997: e QUESTION NO.1 - SHALL THE CITY OF ASPEN ONE-HALF OF ONE PERCENT (112%) REAL ESTATE TRANSFER TAX, AUTHORIZED BY ORDINANCE NO. 20, SERIES OF 1979, EARMARKED FOR THE MAINTENANCE OF THE WHEELER OPERA HOUSE AND THE SUPPORT OF THE VISUAL AND PERFORMING ARTS, BE EXTENDED BEYOND ITS CURRENT EXPIRATION DATE OF DECEMBER 31, 1999, TO DECEMBER 31, 2019? THE ESTIMATED MAXIMUM AMOUNT TO BE COLLECTED IN 1998 FROM THE EXTENSION OF THE REAL ESTATE TRANSFER TAX, CALCULATED AS THE AMOUNT THAT WAS COLLECTED IN 1996, IS $ 1,026,072.00. "Shall the City Council of the City of Aspen be authorized to amend Ordinance No. 20, Series of 1979, which ordinance authorizes the collection of a one-half of one percent (1/2 %) real estate transfer tax, the proceeds of which are earmarked and used exclusively for the renovation, reconstruction and maintenance of the Wheeler Opera House or for the payment of principal and interest on bonds issued for such purposes and for the purpose of supporting the visual and performing arts? The proposed amendment to Ordinance No. 20, Series of 1979, shall be to change the expiration date of the real estate transfer tax from December 31, 1999, to December 31,2019. Section 2. e The City Clerk of the City of Aspen shall give public notice of the election on each question by: a) Preparing a notice of election in compliance with Section 31-10-501, C.R.S., which notice shall include: i) The date of the election; ii) The hours during which polls will be open; iii) A designation of all the polling places; iv) The qualifications of persons eligible to vote at the election; v) The names of the offices to be elected; vi) The question(s) to be voted on; vii) A listing of the names of those candidates whose names have been certified by the City Clerk; and viii) Application procedures and qualifications for absentee ballots. . 2 .. ~. ~ ~'. e b) Posting the aforementioned notice of election at least ten (10) days before the election in a conspicuous place in the City Clerk's Office. c) Causing the aforementioned notice of election to be published in a weekly newspaper of general circulation in the City in the next to last issue thereof before the day of the election. d) Posting a sign in a conspicuous place at each polling place at least ten (10) days before the election. Such sign shall state: "POLLING PLACE". In addition, such sign shall state the date of the election and the hours the polling place will be open. e) Preparing a notice of election in compliance with Article X, Section 20(3) of the Colorado Constitution which shall include: i) The election date, hours, ballot titles and texts, and the office address and telephone number of the City Clerk; 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; 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; For proposed city bonded debt, the principal amount and maximum ammal and total repayment cost ant the principal balance of total current city bonded debt and maximum amlual and remaining total repayment cost; and 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. ii) jji) iv) v) 3 e - . f) Mailing at the least cost no more than twenty-five (25) days and no less than fifteen (15) days before the election, the aforementioned notice addressed to "All Registered Voters" at each address of one or more active registered electors in the City of Aspen. g) Causing to be published in a daily newspaper of general circulation in the City, as soon as practical, a notice advising the public of the following: i) The date of the election; ii) The ballot titles and text of the questions to appear on the ballot; iii) That the City Clerk will prepare two summaries, up to 500 words each, one for and one against each ballot question, from written comments filed with the City Clerk; and iv) That the public is invited to submit written comments for or against each ballot question with the City Clerk no later tllan at 5:00 o'clock, p.m. Section 4. The aforesaid election shall be conducted by judges and clerks who shall be designated by the City Clerk of the City of Aspen. The provision for the registration of electors and for voting by absentee ballots on the questions shall be in accordance with the Colorado Municipal Election Code. The votes at said election shall be registered on electronic voting machines at the polling place. The ballot labels shall read as follows: QUESTION NO.1 - SHALL THE CITY OF ASPEN ONE-HALF OF ONE PERCENT (1/2%) REAL ESTATE TRANSFER TAX AUTHORIZED BY ORDINANCE NO. 20, SERIES OF 1979, EARMARKED FOR THE MAINTENANCE OF THE WHEELER OPERA HOUSE AND THE SUPPORT OF THE VISUAL AND PERFORMING ARTS, BE EXTENDED BEYOND ITS CURRENT EXPIRATION DATE OF DECEMBER 31, 1999, TO DECEMBER 31,20197 THE ESTIMATED MAXIMUM AMOUNT TO BE COLLECTED IN 1998 FROM THE EXTENSION OF THE REAL ESTATE TRANSFER TAX, CALCULATED AS THE AMOUNT THAT WAS COLLECTED IN 1996, IS $ 1,026,072.00. 4 . . e INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the /6~ayof ku ,1997. ().rL r<Z;....... .. .. . IX(' ./.. --- fohn 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 hereinabove stated. clec-97.res 5