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Home My WebLink Aboutordinance.council.046-92 {.' < q" ,._,~. "C,., i_ tit ORDINANCE (Series NO. Lf ~ of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO', SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AMENDMENTS TO THE HOME RULE CHARTER FOR THE CITY OF ASPEN AND SETTING BALLOT TITLES AND QUESTIONS FOR THE AUGUST 11, 1992, SPECIAL ELECTION. WHEREAS, section 13-10 of the Home Rule Charter for the City of Aspen provides that the Charter may be amended at anytime in the manner provided by the Colorado Constitution; and WHEREAS, pursuant to section 9 of Article XX of the Colorado Constitution, the Colorado Legislature has provided procedures for amending home rule charters; and WHEREAS pursuant to C.R.S. section 31-2-210(1) (b), proceed- ings to amend a municipal home rule charter may be initiated by an ordinance adopted by the governing body submitting the pro- posed amendment to a vote of the registered electors of the municipality; and WHEREAS, a special municipal election has been previously called and set by the city Council for August 11, 1992, pursuant to Resolution No. 26 (Series of 1992); and WHEREAS, the City Council wishes to submit to the electorate proposed amendments to the Home Rule Charter for the city of Aspen and set ballot titles and questions for the August 11, 1992, special municipal election; and WHEREAS, City Council is authorized pursuant to section 5.7 of the Home Rule Charter to, on its own motion, submit questio~s to a vote of the electorate; and '~.\.' " ~ ',. ,a 4" -- -- WHEREAS, city Council deems it appropriate and necessary tb ask the electorate whether the city of Aspen should purchase the Red Brick School Building for $2.6 million dollars for arts, non- profit, and other community uses and finance such purchase and renovation of the building through the issuance of $3.6 million dollars in general obligation bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: section 1 The following ballot question authorizing the City of Aspen to purchase the Red Brick School Building from the Aspen School District for Two Million six Hundred Thousand Dollars and authb- rizing the issuance of bonds for the purchase and renovation of the building shall be submitted to the electorate at the special Municipal Election set for August 11, 1992: QUESTION NO.1 - PURCHASE OF THE RED BRICK SCHOOL BUILDING BY THE CITY OF ASPEN FOR ARTS, NON-PROFIT, AND OTHER COMMU- NITY USES FOR $2.6 MILLION DOLLARS AND THE FINANCING OF THE PURCHASE AND THE RENOVATION OF THE BUILDING THROUGH THE ISSUANCE OF $3.6 MILLION DOLLARS IN GENERAL OBLIGATION BONDS. "Shall the City of Aspen purchase the Red Brick School Building from the Aspen School District for arts, non-prof- it, and other community uses and finance the purchase and renovation of the building through the issuance of general obligation bonds not to exceed $3.6 million dollars ($3,600,000.00) with an interest rate not to exceed seven and one-half percent (7 1/2%) per annum and to mature after a term not to exceed twenty (20) years?" 2 '.:.' v:~. t), ,l; "l>: "<~ i.lt. \ "J::!II section 2 The following ballot question proposing an amendment to section 4.8 of the Home Rule Charter shall be submitted to the electorate at the Special Municipal Election set for August 11, 1992: QUESTION NO.2 - A PROPOSED AMENDMENT TO SECTION 4.8 OF THE ASPEN HOME RULE CHARTER ELIMINATING THE REQUIREMENT THAT EVERY ACT OF THE CITY COUNCIL PLACING ANY BURDEN UPON OR LIMITING THE USE OF PRIVATE PROPERTY SHALL BE BY ORDINANCE. "Shall section 4.8 of the Home Rule Charter for the City of Aspen, Colorado, 'Action by ordinance required', be amended so as to eliminate the requirement that every act of the City Council placing any burden upon or limiting the use of private property shall be by ordinance?" section 3 The following ballot question proposing the repeal and reenactment of section 13.3 of the Home Rule Charter shall be submitted to the electorate at the Special Municipal Election set for August 11, 1992: QUESTION NO.3 - A PROPOSED AMENDMENT TO THE ASPEN HOME RULE CHARTER REPEALING AND REENACTING SECTION 13.3 TO CONFORM THE PROCEDURES FOR INITIATING CLAIMS FOR PERSONAL INJURY AND PROPERTY DAMAGE AGAINST THE CITY WITH STATE LAW. "Shall section 13.3 of the Home Rule Charter for the city of Aspen, Colorado, 'Liability of city', be repealed and reen- acted to conform the Charter to Colorado law governing the making of claims against the city for personal injury and property damage, such new section 13.3 to be enacted to read as follows: 'All claims and actions for the recovery of compensation for personal injury, death, or property damage against the City on account of its negligence shall be governed by the Colo- rado Governmental Immunity Act as now existing or as hereaf- ter modified or amended.'" 3 1..1..... ~. '\. tit, , ~. (A.. ., section 4 Notice of the election on the above-noted questions shall be published in the Aspen Times, a newspaper published and of general circulation in the city, in the editions of said newspa- per dated July 10, 1992, and July 31, 1992, 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 and the questions to be submitted as hereinabove provided, which Notice shall be in substantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF PROPOSED CHARTER AMENDMENTS AND QUESTIONS TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT THE SPECIAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, AUGUST 11, 1992 PUBLIC NOTICE IS HEREBY GIVEN THAT, at a special election to be held in the city of Aspen on Tuesday, August 11, 1992, betw~en the hours of 7 a.m. and 7 p.m., there will be submitted proposed amendments to the Aspen Home Rule Charter and questions to the registered electors of the city as follows: QUESTION NO.1 - PURCHASE OF THE RED BRICK SCHOOL BUILDING BY THE CITY OF ASPEN FOR ARTS, NON-PROFIT, AND OTHER coMMU- NITY USES FOR $2.6 MILLION DOLLARS AND THE FINANCING OF THE PURCHASE AND THE RENOVATION OF THE BUILDING THROUGH THE ISSUANCE OF $3.6 MILLION DOLLARS IN GENERAL OBLIGATION BONDS. QUESTION NO.2 - A PROPOSED AMENDMENT TO SECTION 4.8 OF THE ASPEN HOME RULE CHARTER ELIMINATING THE REQUIREMENT THAT EVERY ACT OF THE CITY COUNCIL PLACING ANY BURDEN UPON OR LIMITING THE USE OF PRIVATE PROPERTY SHALL BE BY ORDINANCE. QUESTION NO.3 - A PROPOSED AMENDMENT TO THE ASPEN HOME RULE CHARTER REPEALING AND REENACTING SECTION 13.3 TO CONFORM THE PROCEDURES FOR INITIATING CLAIMS FOR PERSONAL INJURY AND PROPERTY DAMAGE AGAINST THE CITY WITH STATE LAW. 4 . ~, ~ t,'" ~ ~ There shall be seven municipal election precincts at one polling place for the aforesaid election which shall be located at the Red Brick Elementary School, 100 East Hallam. Every person who has attained the age of eighteen years possessing the following qualifications is entitled to register to vote in the special municipal election: (1) he/she is a citizen of the United States; (2) he/she has resided in the State of Colorado for twenty-five (25) days and in a municipal election precinct for twenty-five (25) days immediately preceding the election. 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 absentee ballot, or at any time during business hours, on or before August 7, 1992. The votes cast shall be recorded on voting machines and s~id election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as may be in the manner prescribed by law for the general election of municipal officers." section 5 The aforesaid Special Municipal 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 ballot on the questions shall be in accordance with the Colorado Municipal Election Law. 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 - PURCHASE OF THE RED BRICK SCHOOL BUILDING BY THE CITY OF ASPEN FOR ARTS, NON-PROFIT, AND OTHER COMMU- NITY USES FOR $2.6 MILLION DOLLARS AND THE FINANCING OF THE PURCHASE AND THE RENOVATION OF THE BUILDING THROUGH THE 5 . -', %~ -';" ~, ., ISSUANCE OF $3.6 MILLION DOLLARS IN GENERAL OBLIGATION BONDS. "Shall the city of Aspen purchase the Red Brick School Building from the Aspen School District for arts, non-prof~ it, and other community uses and finance the purchase and renovation of the building through the issuance of general obligation bonds not to exceed $3.6 million dollars ($3,600,000.00) with an interest rate not to exceed seven and one-half percent (7 1/2%) per annum and to mature after a term not to exceed twenty (20) years?" QUESTION NO.2 - A PROPOSED AMENDMENT TO SECTION 4.8 OF THE ASPEN HOME RULE CHARTER ELIMINATING THE REQUIREMENT THAT EVERY ACT OF THE CITY COUNCIL PLACING ANY BURDEN UPON OR LIMITING THE USE OF PRIVATE PROPERTY SHALL BE BY ORDINANCE. "Shall section 4.8 of the Home Rule Charter for the city of Aspen, Colorado, 'Action by ordinance required', be amended so as to eliminate the requirement that every act of the City Council placing any burden upon or limiting the use of private property shall be by ordinance?" OUESTION NO.3 - A PROPOSED AMENDMENT TO THE ASPEN HOME RULE CHARTER REPEALING AND REENACTING SECTION 13.3 TO CONFORM THE PROCEDURES FOR INITIATING CLAIMS FOR PERSONAL INJURY AND PROPERTY DAMAGE AGAINST THE CITY WITH STATE LAW. "Shall section 13.3 of the Home Rule Charter for the City of Aspen, Colorado, 'Liability of City', be repealed and reen- acted to conform the Charter to Colorado law governing the making of claims against the City for personal injury and property damage, such new section 13.3 to be enacted to read as follows: 'All claims and actions for the recovery of compensation for personal injury, death, or property damage against the Ci~y on account of its negligence shall be governed by the Colo- rado Governmental Immunity Act as now existing or as hereaf- ter modified or amended.'" On each voting machine there will be spaces which will permit the elector to indicate his or her vote "FOR THE QUESTION" or "AGAINST THE QUESTION". 6 -,.... \" 't.", ," (ta 'I,. '\\! section 6 This ordinance shall not have any effect on existing litig~- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. section 7 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. section 8 In order to comply with the requirements of the Colorado Municipal Election Code in regard to noticing and publication relevant to the Special Municipal Election, City council does hereby call and set a Special Council Meeting for July 7, 1992, at 4:30 p.m., in the Council Chamber at the Aspen City Hall, at which time this ordinance shall be subject to public hearing and final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the "/Feil of the City of Aspen on the cf?;{ day of , 1992. 7 It," !t>.' l~...... t~",.... -' " ~, \~< 'It &" "m , '\\! ATTEST: K~2h~~rk ~ 5~ (~~ John S Bennett, Mayor ;7'h.-- FINALLY adopted, passed and approved this / day of ?~fy ATTEST: Kathryn jc615.1 , 1992. 7.g~ John S 8