Loading...
HomeMy WebLinkAboutordinance.council.012-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. /'~ (Series of 1975) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 6, 1975, A PRO- POSED AMENDMENT TO THE CHARTER OF THE CITY PROVIDING THAT THE CITY MAY ENTER INTO LONG TERM INSTALLMENT CONTRACTS, RENTALS AND LEASE HOLDS WHEREAS, the City Council has determined that it is necessary and advisable to submit to the qualified registered electors of the City a proposal to amend Article X of the Charter to permit acquisition of real and personal property by long term installment or rental agreement, and WHEREAS, recent state legislation requires submis- sion by ordinance after one (1) publication thereof, and the City Charter requires an election on referred ordinances within ninety (90) days of adoption, but not less than thirty (30) days thereafter, and WHEREAS, the City Council wishes to submit the pro- posed Charter Amendment at the General Municipal Election to be held on Tuesday, ~ay 6, 1975, and to provide for the neces- sary publication of notice thereof, N~, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the General Municipal Election to be held in the City of Aspen, Colorado, on the 6th day of May, 1975, there shall be submitted to a vote of the qualified registered electors of the City a proposed amendment to the Charter of the City con- cerning Article X thereof, relating to Municipal Borrowing, and as further stated in the form of Ballot Label and Notice of RECORD OF PROCEEDINGS 100 Leaves Election hereinafter set forth: FORM OF QUESTION QUESTION SUBMITTED: Shall the Charter of the City of Aspen, Colorado, be amended by the addition to Section 10.8 thereof, to read as follows: "Sec. 10.8. Long Term Installment Contracts, Rentals and Leaseholds In order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes, the City is hereby authorized to enter into long term installment purchase con- tracts and rental or leasehold agreements. Such agreements may include an option or options to pur- chase and acquire title to such property within a period not exceeding the useful life of such pro- perty, and in no case exceeding forty (40) years. Each such agreement and the terms thereof shall be approved by an ordinance duly enacted by the City. The City Council is authorized and empowered to provide for the payment of said payments or rentals from a general levy imposed upon both personal and real property included within the boundaries of the City, or by imposing rates, tolls and service charges for the use of such property or any part thereof by others, or from any other available municipal in- come, or from any one or more of the above sources. Provided, that nothing herein shall be construed to eliminate the necessity of voter approval of a tax -2- RECORD OF PROCEEDINGS 100 Leaves or levy if otherwise required by this Charter. The obligation to make any payments or pay any rentals shall constitute an indebtedness of the City within the meaning of the Charter limitation on indebtedness. Property acquired or occupied pursuant to this Charter shall be exempt from taxation so long as used for authorized governmental or proprietary functions of the City." Section 2 Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed amendment to the City Charter. Section 3 The election on the proposed Charter Amendment will be held at the following polling places within the established precincts between the hours of 7 A.M. and 7 P.~. on May 6, 1975, in the City of Aspen, Colorado: POLLING PLACES Precinct 1 Precinct 2 Precinct 3 St. ~ary's Catholic Church, 533 East Main Street - Aspen Intermediate School, 110 East Hallam Street - Villa of Aspen, 207 North Seventh Street Section 4 The election on the proposed amendment to the City Charter shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 5 The provision for registration of electors and for -3- RECORD OF PROCEEDINGS 100 Leaves voting by absentee ballot on the question of the Charter amend- ment shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said election, except those cast by absentee voters, shall be registered on (voting machines) (paper ballots) at each of the polling places. The Ballot Label shall read as follows: "FOR AGAINST Shall the Charter of the City of Aspen be amended by the addition of Section 10.8 thereof, to read as follows: Sec. 10.8 Long Term Installment Contracts, Rentals and Leaseholds In order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes, the City is hereby authorized to enter into long term installment purchase con- tracts and rental or leasehold agreements. Such agreements may include an option or options to pur- chase and acquire title to such property within a period not exceeding the useful life of such pro- perty, and in no case exceeding forty (40) years. Each such agreement and the terms thereof shall be approved by an ordinance duly enacted by the City. The City Council is authorized and empowered to provide for the payment of said payments or rentals from a general levy imposed upon both personal and -4- RECORD OF PROCEEDINGS 100 Leaves real property included within the boundaries of the City, or by imposing rates, tolls and service charges for the use of such property or any part thereof by others, or from any other available municipal in- come, or from any one or more of the above sources. Provided, that nothing herein shall be construed to eliminate the necessity of voter approval of a tax or levy if otherwise required by this Charter. The obligation to make any payments or pay any rentals shall constitute an indebtedness of the City within the meaning of the Charter limitation on indebtedness. Property acquired or occupied pur- suant to this Charter shall be exempt from taxation so long as used for authorized governmental or pro- prietary functions of the City." On each such (voting machine) (paper ballot) there shall be (counters) (spaces) which will permit the elector to indicate his vote "FOR THE CHARTER AMENDMENT" OR "AGAINST THE CHARTER ~iENDMENT." The absentee votes cast at said election s~ll be registered upon paper ballots, which shall contain the same proposition relating to the Charter Amendment question set forth above, and a space on the ballot which will allow each elector to place a cross mark (X) opposit the words express- ing his or her choice, either "FOR THE CHARGER AMENDmeNT" OR "AGAINST THE CHARTER AMENDMENT." Section 7 The election on the question of the amendment to the -5- RECORD OF PROCEEDINGS 100 Leaves City Charter shall be held or conducted, and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and the declar- ation of the result of votes cast at the general election of municipal officers in the City of Aspen. Section 8 Amendment Notice of the election on the proposed Charter shall be published in the Aspen Times, a newspaper published and of general circulation in Aspen, in the edition of said newspaper dated ~, 1975, and a copy of such notice shall be posted at each polling place within the City, at least ten (10) days before the election The City Clerk is hereby charged with the duty of giving such notice. Said notice shall be in substantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT OF THE CITY OF ASPEN, COLORADO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD MAY 6, 1975. PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to an ordinance of the City Council of the City of Aspen, Colorado, at the general municipal election to be held in said City on Tuesday, ~{ay 6, 1975, between the hours of 7 A.?~. and 7 P.M., there will be submitted a proposed amendment to the Charter of the City as follows: Shall the Charter of the City of Aspen, Colorado, be amended by the addition of Section 10.2 thereof, to read as follows: -6- RECORD OF PROCEEDINGS 100 Leaves Sec. 10.8 Long Term Installment Contracts, Rentals and Leaseholds In order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes, the City is hereby authorized to enter into long term installment purchase con- tracts and rental or leasehold agreements. Such agreements may include an option or options to pur- chase and acquire title to such property within a period not exceeding the useful life of such pro- perty, and in no case exceeding forth (40) years. Each such agreement and the terms thereof shall be approved by an ordinance duly enacted by the City. The City Council is authorized and empowered to rpovide for the payment of said payments or rentals from a general levy imposed upon both personal and real property included within the boundaries of the City, or by imposing rates, tolls and service charges for the use of such property or any part thereof by others, or from any other available municipal in- come, or from any one or more of the above sources. Provided, that nothing herein shall be construed to eliminate the necessity of voter approval of a tax or levy if otherwise required by this Charter. The obligation to make any payments or pay any rentals shall constitute an indebtedness of the City within the meaning of the Charter limitation on indebtedness. Property acquired or occupied pur- suant to this Charter shall be exempt from taxation so long as used for authorized governmental or pro- prietary functions of the City." -7- RECORD OF PROCEEDINGS 100 Leaves The election on the proposed amendment to the Charter will be held at the following polling places, between the hours of 7 A.M. and 7 P.M. POLLING PLACE Precinct 1 - St. Mary's Catholic Church 533 East M~in Street Precinct 2 - Aspen Intermediate School 110 East Hallam Street Precinct 3 - Villa of Aspen 207 North Seventh Street Those electors who are otherwise fully qualified to vote on said question at such election, but who are or will be unable to appear at the polling place on the date of election, may apply in writing at the office of the City Clerk, at the City Hall for an absentee ballot, at any time during business hours, on or before the--~ day of ~~___, 197~. - The votes cast shall be recorded on (voting machines) (paper ballots) and paper ballots shall be provided for absentee voters, and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as hearly as may be in the manner prescribed by law for the gneeral election of municipal officers." IN WITNESS WHEREOF, the City Council has caused this notice to be given as of this /~ day of ~=~, 1975. (Seal) City Clerk -8- RECORD OF PROCEEDINGS 100 Leaves Publised in: Published On: Aspen Times Section 9 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 10 A pbulic hearing on the ordinance shall be held on the /~ day of ~¢?~J , 1975, at ~-~-DP.M. in the City Council Chambers, City Hall Building, Aspen, colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen, Colorado, on the ~ day of /~.~.i~.t~_~- , 1975. ATTEST: Stacy~andl~y I I~Mayoy i~athryn ~ter City Clerk READ, APPROVED AND ADOPTED this /[> day of ~%~ ~ , 197.~, .by the Aspen City Council. S~acy standley III, ATTEST: athryn ~ter' City Clerk -9- STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~ ~ ~.z/ , 197 ~--, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~_~ ~-~j. _~ , 197 66--, and was finally adopted and approved at a regular meeting of the City Council on~ ~-~c~_~. /~ , 197 ~5---, and ordered published as / Ordinance No. ~ , Series of 197~--~, of said City, as provided by law. IN WITNESS WI~REOF, I have hereunto the seal of said City of Aspen, Colorado, day of ~~ , 197 set my hand and this ~/~ Kat~~uter, City Clerk