HomeMy WebLinkAboutresolution.council.020-93
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RESOLUTION NO. .;u:J
(Series of 1993)
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 4,1993, MUNICIPAL ELECTION, SETTING SUCH BALLOT TITLES AND
QUESTIONS, AND SETTING FORTH THE LOCATIONS OF POLLING PLACES.
WHEREAS, the City Council created a Blue Ribbon Capital Asset Committee composed
of private citizens of the City of Aspen to review all municipal capital assets and to assist the
City in designing a long term capital asset program for the development and implementation of
an equipment replacement and facility repair plan, and planning for future acquisitions of capital
assets; and
WHEREAS, the Blue Ribbon Capital Asset Committee did issue its final report on
December 3, 1991, and recommended that the City improve the existing site of the city shop as
soon as possible; and
WHEREAS, the City Council has followed the Blue Ribbon Capital Asset Committee's
recommendation that a master plan be created for the site which includes renovation of the
historic city shop and the construction of additional storage facilities on the site; and
WHEREAS, the renovation of the city shop is budgeted for the 1993 fiscal year as part
of the City of Aspen Asset Management Plan; and
WHEREAS, the City Council desires to finance the cost of said remodeling and
construction project through the issuance of general obligation bonds of the City of Aspen
without the need for an increase in property taxes; and
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WHEREAS, the City of Aspen has caused the city owned electric distribution system to
be placed under ground; and
WHEREAS, the City Council adopted Resolution No. 10, Series of 1988, which
requested Holy Cross Electric Association to continue the burying of utility lines throughout the
City of Aspen; and
WHEREAS, Holy Cross Electric Association, U.S. West, and TeleCommunications, Inc.
have offered to pay the major cost of burying their primary electric, telephone and cable utility
systems within the improvement district; and
WHEREAS, the City Council adopted Ordinance No. 81, Series of 1992, on January 19,
1993, which created a local improvement district within the boundaries of the City of Aspen for
the purpose of burying existing overhead electric and communication utilities; and
WHEREAS, Ordinance No. 81, Series of 1992, calls for the issuance of special
assessment local improvement bonds pursuant to the City Charter, Chapter 19 of the Aspen
Municipal Code, and Section 29-8-129, C.R.S., for the purpose of paying all or such portion
of the cost of the improvements to be constructed as may be assessed against property specially
benefitted; 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 creation of any multiple-fiscal year direct or indirect debt; 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, Section 2.2 of the Aspen City Charter calls for general municipal elections
to be held on the first Tuesday after the first Monday in May of odd numbered years; and
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WHEREAS, 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;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1.
The following question, authorizing the City of Aspen to issue general obligation bonds
in an aggregate principal amount of not to exceed One Million Eight Hundred Thousand Dollars
($1,800,000.00) for the payment of the cost of renovating the existing historic city shop building
and constructing supporting facilities on the site, and authorizing the receipt and expenditure of
bond proceeds, shall be placed on the ballot at the City's biennial election to be held on May
4, 1993:
OUESTION NO. I - SHALL CITY OF ASPEN DEBT BE INCREASED BY UP TO
$1.8 MILLION DOLLARS, WITH A REPAYMENT COST OF UP TO $2.565
MILLION DOLLARS, BY THE ISSUANCE OF GENERAL OBLIGATION BONDS
FOR THE RENOVATION OF THE HISTORIC CITY SHOP AND CONSTRUCTION
OF SUPPORTING FACILITIES, SAID BONDS TO BE PAID FROM A V AILABLE
CITY FUNDS, BUT NOT FROM A PROPERTY TAX INCREASE; AND, IN
CONNECTION THEREWITH, SHALL THE CITY BE AUTHORIZED TO RECEIVE
AND SPEND THE PROCEEDS OF SAID BONDS NOTWITHSTANDING ANY
REVENUE OR EXPENDITURE LIMITATIONS?
"Shall the City of Aspen issue general obligation bonds in an aggregate principal amount
of not to exceed $1.8 million dollars, with a repayment cost of not to exceed $2.565
million dollars for the purpose of renovating the historic city shop and construction of
supporting facilities; such bonds to be paid from all funds available to the City, but not
from a property tax increase, to mature no later than ten (10) years from the date of
issue, to bear interest at rates not to exceed 6.5 % per annum, and to have such other
terms, conditions, covenants and details as the City Council may determine, including
the option for redemption of the bonds prior to maturity with or without the payment of
a premium; and, in connection therewith, shall the City be authorized to receive and
spend the proceeds of said bonds notwithstanding any revenue or expenditure limitations?
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Section 2.
The following question, authorizing the City of Aspen to issue special assessment local
improvement bonds in an aggregate principal amount of not to exceed $630,000.00 for payment
of all or such portion of the cost of the improvements to be constructed and assessed against
property specially benefitted within Underground Improvement District No.2 - 1992, and
authorizing the receipt and expenditure of bond proceeds, shall be placed on the ballot at the
biennial election to be held on May 4, 1993:
OUESTION NO.2 - SHALL CITY OF ASPEN DEBT BE INCREASED UP TO
$630,000.00, WITH A REPAYMENT COST OF UP TO $918,000.00, BY THE
ISSUANCE OF SPECIAL ASSESSMENT LOCAL IMPROVEMENT BONDS, TO
FINANCE THE BURYING OF UTILITIES IN THE CEMETERY LANE IMPROVE-
MENT DISTRICT; AND, IN CONNECTION THEREWITH, SHALL THE CITY BE
AUTHORIZED TO MAKE ASSESSMENTS AGAINST THE PROPERTIES BENEFIT-
TED, AND SHALL THE CITY BE AUTHORIZED TO RECEIVE AND SPEND THE
PROCEEDS OF SAID BONDS NOTWITHSTANDING ANY REVENUE OR
EXPENDITURE LIMITATIONS?
"Shall the City of Aspen issue special assessment local improvement bonds in an
aggregate principal amount not to exceed $630,000.00, with a repayment cost of up to
$918,000.00, to finance the cost of burying existing overhead electric and communication
utilities within Underground Improvement District No.2 - 1992 (commonly referred to
as the Cemetery Lane Improvement District); such bonds to mature no later than ten (10)
years from the date of issue, to bear interest at rates not to exceed 7.5% per annum, and
to have such other terms, conditions, covenants and details as the City Council may
determine, including the option for redemption of the bonds prior to maturity with or
without the payment of a premium; and, in connection therewith, shall the City be
authorized to assess the costs of such improvements against the properties benefitted, and
shall the City be authorized to receive and spend the proceeds of said bonds and
assessments notwithstanding any revenue or expenditure limitations?"
Section 3.
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 ~3l-1O-S01, C.R.S., which
notice shall include:
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i) The date of the election;
ii) The hours during which the polls will be open;
iii) A designation of all the polling places;
iv) The qualifications of persons to vote at the election;
v) The names of the offices to be elected;
vi) The questions to be voted upon;
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.
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;
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 principal amount and maximum annual
and total repayment cost and the principal balance of total current city
bonded debt and maximum annual and remaining total repayment cost;
and
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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.
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 texts of the questions;
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 than AprilS, 1993, at 5:00
p.m.
Section 4.
Polling places for the May 4, 1993, municipal election shall be established at the
following locations in the City of Aspen:
1. St. Mary's Church - Corner of Main & Hunter.
2. Community Church - 200 East Bleeker.
3.
Christ Episcopal Church - 536 North Street.
4. Pitkin County Library - 120 N. Mill Street.
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Section S.
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:
OUESTION NO. I - SHALL CITY OF ASPEN DEBT BE INCREASED BY UP TO
$1.8 MILLION DOLLARS, WITH A REPAYMENT COST OF UP TO $2.565
MILLION DOLLARS, BY THE ISSUANCE OF GENERAL OBLIGATION BONDS
FOR THE RENOVATION OF THE HISTORIC CITY SHOP AND CONSTRUCTION
OF SUPPORTING FACILITIES, SAID BONDS TO BE PAID FROM AVAILABLE
CITY FUNDS, BUT NOT FROM A PROPERTY TAX INCREASE; AND, IN
CONNECTION THEREWITH, SHALL THE CITY BE AUTHORIZED TO RECEIVE
AND SPEND THE PROCEEDS OF SAID BONDS NOTWITHSTANDING ANY
REVENUE OR EXPENDITURE LIMITATIONS?
OUESTION NO.2 - SHALL CITY OF ASPEN DEBT BE INCREASED UP TO
$630,000.00, WITH A REPAYMENT COST OF UP TO $918,000.00, BY THE
ISSUANCE OF SPECIAL ASSESSMENT LOCAL IMPROVEMENT BONDS, TO
FINANCE THE BURYING OF UTILITIES IN THE CEMETERY LANE IMPROVE-
MENT DISTRICT; AND, IN CONNECTION THEREWITH, SHALL THE CITY BE
AUTHORIZED TO MAKE ASSESSMENTS AGAINST THE PROPERTIES BENEFIT-
TED, AND SHALL THE CITY BE AUTHORIZED TO RECEIVE AND SPEND THE
PROCEEDS OF SAID BONDS NOTWITHSTANDING ANY REVENUE OR
EXPENDITURE LIMITATIONS?
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".
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INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the ~~ day of 7htvc...ru.... _ , 1993.
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hn S. Bennett, Mayor
I, Knthryn 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.
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