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HomeMy WebLinkAboutordinance.council.089-79ORDINANCE NO. ~ SERI~S ]979 AN ORDINANCE CONCERNING TWO QUESTIONS TO BE SUBMITTED TO A VOTE 'OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, MT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, THE 26TH DAY OF FEBRUARY, 1980; DIRECTING THAT THE QUESTION BE SOBMITTED TO THE QUALIFIED ELECTORS OF THE CITY FOR APPROVING OR REJECTING A PRO- POSED AMENDMENT TO SECTION 10.5 OF THE CHARTER OF THE CITY OF ASPEN RELATING TO THE ISSUANCE OF REVENUE BONDS PAYABLE FROM THE PROCEEDS OF-THE REAL ESTATE TRANSFER TAX OF THE CITY, AND THE QUESTION OF ISSUING GENERAL OBLIGATION PUBLIC HOUSING BONDS IN THE PRINCIPAL AMOUNT NOT EXCEEDING $4,000,000; SETTING FORTH THE PROPOSED AMENDMENT AND THE BKLLOT QUESTIONS; PROVIDING FOR THE PRECINCT AND POLLING PLACE; AND SETTING FORTH OTHER DETAILS IN REGARD TO SUCH ELECTION; AND PROVIDING THE EFFECTIVE DATE OF THIS ORDI- NANCE. WHEREAS, Section 13.10 of the Charter of the City of Aspen provides that the Charter may be.amended in the manner provided by the Constitution of the State of Colorado; and Section 10.3 of that Charte~ provides that the City of Aspen may issue general obligation bonds, provided, however, that the question 'of .issuing bonds must be submitted to the qualified electors of the City and approved by a majority of those'voting on the question at a special or general election; and WHEREAS, the ConstitUtion and Section 31-2-210, C.R.S. 1973, as of the State of Colorado amended, provides that the qity Council of any home rule city, on its own initiative, may submit to the voters any charter amendment ~t any general or special municipal election; and WHEREAS, the City Co6ncil of the City of Aspen has determined it is in the best interests of the City of Aspen to submit to a vote of the electorate the question of whether Section 10.5 of the Charter of the City of Aspen should be amended, which amendment would allow the City to issue its bonds to be payable in whole or in part from the proceeds of the Real Estate Transfer Tax imposed by the City, which bonds may be issued without an election and shall not be considered a debt of the City; and WHEREAS, the City Council of the City of Aspen h~s ~etermined that it is in the best interests of the City of Aspen to submit to a vote of the electorate the question of whether general obligation bonds in the principal amount not exceeding $4,008,000 for.the purpose of constructing and leasing public. housing facilities shall be authorized; and - 2 - WHEREAS, the City Council hereby determines to initiate proceedings to amend the Charter of the'City of Aspen, and to provide for the question of issuing general obligation public housing bonds to be submitted at a special municipal election; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN~ COLORADO: Section 1. Questions To Be Submitted. That at a special municipal election to be held in the City of Aspen, Pitkin County, Colorado, on Tuesday, the 26th day of February, 1980, between the hours of 7:00 A.M. and 7:00 P.M., there shall be submitted to the vote of the registered qualified electors of the City of Aspen, Colorado, the following questions: QUESTION NO. 1 Shall Section 10%5 (Revenue Bonds) of the of the City of Aspen, be amended by the addition of new paragraph: City Charter the following "The City shall further have the authority to issue revenue bonds for such purpose or purposes as may be more particularly set forth by an ordinance or ordinances of the City, the bonds to be payable in whole or in part from the proceeds of the Real Estate Transfer Tax imposed by the City. Such bonds may be issued without an election and shall not be considered a debt or a general obligation of the City, and shall not be included as part of the indebtedness of the City for purposes of determining any debt limitation thereof. Such Real Estate Transfer Tax shall not be considered a. sales or use tax within the meaning of any.provision of this Charter relating to sales and use tax revenue bonds." QUESTION NO. 2 "S~all the City of Aspen, Colorado, be authbrized to issue its general obligation bonds in the principal amount not exceeding $4,000,000 for the purpose of constructing and leasing public housing facilities, such bgnds to bear interest at a net effective interest rate not exceeding 8-1/2% per annum, to mature serially within 30 years from' their date, and to be redeemable at the option of the City at such time or times and in such manner, upon payment of such premium or ~remiums, if any, not exceeding 3% of principal, as may later be detgrmined by the City Council?" Section 2. Polling Place. -There shall be 1 munici- pal election .precinct for this electioD, the ~boundary thereof to be the.same as the boundary of the City. The polling place shall be at the Upper Elementary School Gym,~ll0 E=~st Hallam, in Aspen, Colorado. - 3 - Section 3. Qualifications For Voting. Any person who is at least eighteen (18) years of age, a citizen of the United States, and who has resided in the State of Colorado and in the municipal election precinct for thirty-two days immediately preceding the election, and who has complied with the registration laws shall be allowed to vote on the question of amending the City Charter and the question of issuing bonds. The registration list for the municipal election precinct shall contain the names and addresses of all electors residing.within the municipal election precinct whose names appeared on the County registration records at the close of business on the thirty-second day preceding the municipal election (i.e. Friday, January 25, 1980). Section 4. Method of VotinH. The City Council hereby determines to use a punch card electr6nic voting system for this - election. The votes for and against the question of amending the City Charter and the question of issuing bonds shall be registered on electronic ballot punch cards and the City Clerk shall cause the ballot punch cards, to be used in voting upon the questions to be submitted, to be prepared and furnished to the Judges of Election, and to be by them furnished to the voters. Each of the electronic ballot punch cards shall qontain the questions as more particularly set forth in Section 1. The ballot punch cards shall be inserted into the Toting device. The elector shall indicate his or her vote on the punch card by use of a punching device attached to the voting device to punch the. hole opposite the words "FOR THE AMENDMENT" or "AGAINST THE AMENDMENT", and "FOR THE BONDS"'OR "AGAINST THE BONDS", expressing his or her choices. Section 5. Form of Absentee Voter Ballot. In addition, paper ballo~s shall be provided for absentee voters, which ballots the same questions as those appearing on the elec- card and shall be in substantially the following shall contain tronic punch form: - 4 - NO · NO. (The elector shall vote upon the question by placing a cross (x) opposite the words expressing his or her choice.) OFFICIAL ABSENT VOTER BALLOT Special Municipal Election City of Aspen, Colorado ~ebruar¥ 26, 1980 QUESTION NO. 1: Shall Section 10~5 (Revenue Bonds) of the City Charter of the City of Aspen, be amended by the addition of the following new paragraph: "The City shall further have the authority to issue revenue bonds for such purpose or purposes as may be more particularly set forth by an ordinance or ordinances of the City, the bonds to be payable in whole or in part from the proceeds of the Real Estate Transfer Tax imposed by the City. Such bonds may be issued without an election and shall not be considered a debt or a general obligation of the City, and shall not be included as part of the indebtedness of the City for purposes of determining any debt limitation thereof. Such Real Estate Transfer Tax shall not be considered a sales or use tax within the meaning of any provision of this Charter relating to sales and use tax revenue bonds." : : . : FOR THE AMENDMENT AGAINST THE AMENDMENT QUESTION NO. 2: "Shall the'City of Aspen, Colorado, be authorized to issue its general obligation bonds in the principal amount not exceeding $4,000,000 for the purpose of constructing and leasing public housing facilities., such bonds to bear interest at a net effective interest rate not exceeding .8-1/2% per annum, to mature' serially within 30 years from their date, and to be. redeemable at the option of the City at such time or times and in such manner, upon payment of such premium or premiums, if any, not exceeding 3% of principal, as may later be determined by the Ci%y Council?" FOR THE BONDS . ,_ AGAINST THE BONDS (To be endorsed on back of ballot) "OFFICIAL ABSENT VOTER BALLOT FOR SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF ASPEN, COLORADO, FEBRUARY 26, 1980." (Facsimile Signature City Clerk" Section 6. Conduct of Election. The election on the question of amending th~ Charter and on the question of issuing general obligation public housing bonds shall be held and con- ducted, and the votes cast on the questions aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be as provided by Sta{e law and Sections 2.1 and 2.2 of the City Charter. Section 7. Notice of Election. Notice of the election shall be published in the Aspen Times, a newspaper having general circulation- in the City, in the edition of said newspaper dated Thursday, January 24, 1980, and Thursday, February 14, 1980, which notice shall contain the full text of the charter amendment guestion and the general obligation public housing bond question, and a copy of such Notice shall be posted at the polling places on or before said date. In addition, there shall be published a Notice of Registration for said newspaper dated January 10, and the last day for registration. with the duty of giving such in substantially the election in the editions of said 17, 1980, which shall set forth The City Clerk is hereby charged notice. Said Notice shall be following form: - 7 - CALL AND NOTICE SPECIAL MUNICIPAL ELECTION CITY OF ASPEN, COLORADO TUESDAY, FEBRUARY 26, 1980 PUBLIC NOTICE IS HEREBY GIVEN, That at a special mun- icipal election to be held in the City of Aspen, on Tuesday, the 26th day of February, 1980, between 7:00 o'clock A.M. and 7:00 o'clock P.M., of said day, there will be submitted to the reg- istered qualified electors of the City the following questions, which questions set forth the full text of the proposed charter amendment and the proposed general obligation public housing bond issue: QUESTION NO. 1 Shall Section 10.5 (Revenue Bonds) of the of ~he City of Aspen, be amended by the addition of new paragraph: City Charter the following "The City shall further have the authority to issue revenue bonds for such purpose or purposes as may be more particularly set forth by an ordinance or ordinances of the City, the bonds to be payable in whole or in part from the proceeds of the Real Estate Transfer Tax imposed by the City. Such bonds may be issued without an election and shall not be considered a debt or a general obligation of the City, and shall not be included as part of the indebtedness of the City for purposes of determining any debt limitation thereof. Such .Real Estate Transfer Tax shall not be considered a sales or use tax within the meaning of any provision of this Charter relating to sales and use tax revenue bonds." QUESTION NO. 2 "Shall th~ City of Aspen, Colorado, be authorized to issue its general obligation bonds in the principal amount not exceeding S4,000,000 for the purpose of constructing and leasing public housing facilities, such bonds to bear interest at a net effective interest rate not exceeding 8~1/2% per annum, to mature serially within 30 years from their date, and to be redeemable at the option of the City at such time or times and in such manner, upon payment of such premium or premiums, if any, not exceeding 3% of principal, as may later be determined by the City Council?" - 8 - There shall be 1 municipal election precinct for this election, the boundary thereof to be the same as the boundary of the City. The pollin~ place shall be at the Upper Elementary School Gym, 110 East Hallam, Aspen, Colorado. Any person who is at least eighteen (18) years of age, a citizen of the United States, and who has resided in the State of Colorado and in the municipal election precinct for thirty-two days immediately preceding ~his election, and who has complied with the registration laws, shall be entitled to vote on the questions referred to above. The registration list for each municipal election precinct shall contain the names and addresses of all electors residing within each municipal election precinct wh0~e names appeared on the County registration records at the close of business on the thirty-second day preceding the municipal election (i.e. Friday, January 25, 1980). Persons who are other- wise qualified to vote, but who are not presently registered, may register during regular office hours at the office of the County Clerk and Recorder of Pitkin County, in Aspen, Colo- rado, or at any duly established branch registration office in said County, NOT LATER THAN FRIDAY, JANUARY 25, 1980. 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 day of election, may apply in writing to Kathryn S. Koch, City Clerk, City Hall, Aspen, Colorado 81611, for an absentee ballot, at any time during busi- ness hours, on or before Friday, February 22, 1980. Electronic. ballot punch cards shall be used in voting on. the questions submitted and will be furnished by the City Clerk to the Judges of Election, to be by them. furnished to the voters. The ballot punch cards, which shall contain the amendment question and the general .obligation public housing bond question, shall be inserted into the voting device. The elector shall indicate his or her vote on the punch card by use of a punching device attached to the voting device to punch the hole opposite the words "FOR THE AMENDMENT" or "AGAINST THE AMENDMENT" and "FOR T~E BONDS" or "AGAINST THE BONDS", expressing his or her choice. IN WITNESS WHEREOF, the City Council has caused this Noti6e to be given as required by law, as of the 17th day of December, 1979. (SEAL)- ./s/ Kathryn S.' Koch City Clerk Publish in: Aspen Times Publish on: Thursday, January 24, 1980 and Thursday, February 14, 1980 NOTICE O? REGISTRATIO~ NOTICE IS HEREBY GIVEN That the question of amending the City Charter to allow the issuance of revenue bonds payable from the Real Estate Transfer Tax of the City, and the question of contracting a general obligation bonded indebtedness for public housing within the City of Aspen, Pitkin County, Colorado, will be submitted at a special election to be held on Tuesday; Pebruary 26, 1980. In order to vote at this election, an elector must be a qualified elector whose name appears on the registration list of the Municipal Election Precinct as maintained by the County Clerk and Recorder of Pitkin County. A qualified elector is any person who is at least eighteen (18) years of age, a citizen of the United States who has resided in the State of Colorado and in the respective Municipal Election Precinct for thirty-two days next preceding the date of election. Persons who are otherwise qualified to vote, but who are not presently registered, may register at the office of the County Clerk and Recorder of Pitkin County, NOT LATER THAN FRIDAY, JANUARY 25, t980. A Notice of Election giving more detailed information concerning the election will be published Dnce at least ten (10) days preceding said Election, with a copy of said election notice being posted at each polling place, as required by law. IN WITNESS WHEREOF, the City Clerk of the City of Aspen, Pitkin CountM, Colorado, has caused this Notice to be given as of the 17th day of December, 1979. (SEAL)' - 10- Section 8. Provision for Absentee Voting. When any. registered qualified elector on the day of the special municipal 'election, shall be absent from the City, or by reason of his or her work or the nature of employment is ~likely to be absent and fears that he or she will be absent from the City on said day, or because of serious illness or physical disability or for reasons based upon the doctrines o~ established religion of which such applicant is a member, shall be unable to attehd the polls, he or she-may vote by absentee ballot, in accordance with the provisions of the Colorado Municipal Election Code of 1965, as amended and the City Ckarter. Application for an absentee ballot shall be filed with the City Clerk not later than the close of business on the Friday immediately preceding the election. The application may be made orally or be in the form of a letter, stating the applicant's residence address and th~ reason or reasons for which such an absentee ballot is requested. The Absent Voter Polling Place for the special municipal election shall be the Upper Elementary School Gym, 110 East Hallam, in Aspen, Colorado. At said Absent Voter Polling Place, a single ballot box shall be provided in which shall be deposited all absentee bailots cast by the registered qualified electors of the City. The Judges and Clerks for that p~ecinct and polling place shall act as Judges and Clerks for %he counting of Absent Voter Ballots. To the and regulations extent, established applications and disburse persons who apply therefor. in the manner and within the limitations by law, the City Clerk shall accept ballots to those properly qualified Section 9. Canvass Qf Votes. Immediately after the closing of the polls, the election judges shall secure the voting devices against further use and prepare a ballot return in dupli- cate sho~ing the number of voters as indicated by the pollbook who have voted in each precinct, the number of official ballot cards received, and the number of spoiled and unused ballot dards returned. The original copy of said ballot return shall be deposited in a metal or durable plastic transfer box, along with all voted and spoiled ballots. The transfer box shall then .be sealed in such a way as to prevent tampering with the box or its contents. The County Clerk and Recorder shall provide such a numbered seal. The duplicate copy of said ballot return shall be mailed at the nearest post office or post box to the County Clerk and Recorder b~ a judge other than those who deliver the transfe~ box to the counting center. ~wo Of the judges shall deliver the sealed'transfer box to the.counting center. Section 10. Ratification of Prior Actions. Ail actions not inconsistent with the provisions of this ordinance heretofore taken by the City CounCil and by the officers thereof, directed toward the holding of an election on the question of amending Section 10.5 of the Charter of the City of Aspen, and on the question of'issuing general obligation public· housing bonds, be, and the same hereby are, ratified, approved and confirmed. Section 11. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or invali- date the remaining provisions thereof, it being the intention that the various provisions hereof are severable. Section 12. Repealer. All Ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 13. Hearing. In accordance with Section 4.10 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage thereof, on ~~, ~ ~_, 19~), at ~ P.M. J Section ~Recordation. This. Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the .Mayor·and the City Clerk, and by the Certificate of Publication. INTRODUCED and PASSED ON FIRST READING, This 17th day of December, 1979. (SEAL) ~ Mayor ATTEST: -12 *FINALLY PASSED, (SEAL) ADOPTED AND APPROVED this /~ay of Mayor ATTEST: *after Second Reading - 13- It is thereupon moved by Council Member and seconded by Council Member , that the foregoing. Ordfnance, read ~ (by title only) at this meeting as aforesaid, be passed on first reading and a summary of the proceedings and the title and purpose of said ordinance be published in the Aspen Times, a newspaper of general circulation published in the City of Aspen, in its issue of December 20, 1979, and that said Ordinance, after its publication as 'aforesaid, be considered for final passage at a regular meeting of the City Council to be held on~ , the /~--day of he question being upon the adoption of the motion and the passage of the ordinance on first reading, the roll was called with the following result: Those voting YES: Mayor: Mayor Pro-Tem: Council Members: Those voting NO: Herman Edel Michael Behrendt Susan.Michael Charles Collins John Van Ness Thomas Isaac George Parry of the Council Members present having voted in favor of the motion and the passage of the 'Ordinance on first reading, the presiding 0ffic~r thereupon declared the motion ca~ried and the Ordinance was duly passed on first reading. Thereupon, after consideration of other business to come before the Council, the meeting was adjourned. (SEAL) ~ Mayor ATTEST: 14 ' STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. ) CITY OF ASPEN ) I, Kathryn $. Koch, City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing pages, numbered 1 to 14, inclusive, constitute a true and correct copy of the record of ~he proceedings of the City Council of the City, taken at a special meeting thereof, held at the City Hall in Aspen, Colorado, on Monday, December 17, 1979, insofar as the proceedings relate to the adoption, upon first reading, of the Ordinance therein set forth. That the copy of the Ordinance contained in the proceed- ings aforesaid is a true and correct copy of the original of the Ordinance as read at said meeting by the City Council, and that pursuant to instructions, the undersigned has caused the Ordinance to be published in the Aspen Times, in its issue of December 20, 1979, and that an original publisher's affidavit of publication of the Ordinance is hereto attached. IN WITNESS WHEREOF, I and affixed the official seal of (SEAL) have hereunto subscribed my name the City .Df Aspen, Colorado, this ~ity Clerk -15- (Attach publication of Ordinance on December 20, 1979)