HomeMy WebLinkAboutresolution.council.108-00 RESOLUTION NO. 108
(Series of 2000)
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 NOVEMBER 7, 2000, SPECIAL ELECTION
(Visitor Benefit Tax)
WHEREAS, the City of Aspen is a world renowned tourist destination; and
WHEREAS, the continuation of a healthy tourism industry is essential for the economic
well-being of the City of Aspen and the general welfare of its citizens and such an industry
requires a continuing investment in the planning, promotion, and development of the City of
Aspen as a world renowned travel destination; and
WHEREAS, the City Council has determined that it should be the policy of the City to
guide a sustainable and coordinated tourism industry in the City of Aspen; and
WHEREAS, the City Council has determined that such an effort should be financed, in
part, by the imposition of a Visitor Benefit tax upon the leasing or renting of rooms or other
accommodations in commercial lodging accommodations by short term visitors and guests; and
WHEREAS, the City Council has determined that it is in the best interests of the cithzens
of the City of Aspen for the City to participate fully in the organization and operation of a
Regional Transportation Authority and to contribute financially to that effort; and
WHEREAS, the City Council has determined that tourists and guests of the City of Aspen
should be required to help defray the costs of transportation services offered within the City of
Aspen; and
WHEREAS, an additional revenue source for the City of Aspen would (a) permit the City
to fully participate financially in any newly created Regional Transportation Authority, (b) ensure
that current local transportation services are maintained at their current levels and (c) provide
requisite financial resoumes for additional and improved transportation services within the City
of Aspen; and
WHEREAS, the City Council has determined that 50% of all revenues generated by the
Visitor Benefit tax shall be used to enable the City to meet its financial obligations to the Roaring
Fork Regional Transportation Authority or other similar transportation services provider, and
50% of all revenues generated shall be used for marketing and promotional efforts for the City's
tourism industry; and
WHEREAS, in the event that the electorate authorizes the City Council to impose a
Visitor Benefit tax, it is the intention of the City Council to adopt an ordinance imposing such a
tax that (a) creates a Tourism Promotion Fund that is separate and distinct from any other City
funds or accounts used or maintained by the City for any other purposes; (b) requires the City
Council to contract for promotional and marketing services with a professional entity specializing
in the promotion, advertisement and marketing of tourism in the City of Aspen such as the Aspen
Chamber Resort Association or other similar marketing entity; and, (c) provides for the specific
procedures for collection, reporting, enforcement, violations, penalties, and other administrative
matters incident to the administration of the Visitor Benefit tax; and
WHEREAS, Article X, Section 20(4) of the Colorado Constitution requires
municipalities to obtain voter approval in advance of the creation of any multiple fiscal year
direct or indirect debt or in advance of increasing taxes; and
(Open Space Tax Question)
WHEREAS, the City Council has determined that it is in the best interests of the City of
Aspen to seek an increase in City of Aspen sales taxes in the amount of 0.5% and bonding
authority in an amount of $ 38.0 million for the purpose of generating sufficient revenues to fund
the purchase, improvement, and care of trail, recreation, and open space properties, and ancillary
facilities for the fulfillment of the 2000 Aspen Area Community Plan; and
WHEREAS, Article X, Section 20(4) of the Colorado Constitution requires
municipalities to obtain voter approval in advance of the creation of any multiple fiscal year
direct or indirect debt or in advance of increasing taxes; and
(Excess Revenues)
WHEREAS, the City of Aspen has collected approximately $25,074.00 in property taxes
during the 1999 fiscal year which exceeds the authorized limits established by the Colorado
Constitution; and
WHEREAS, Article X, Section 20(7) of the Colorado Constitution allows municipalities
to ask their electors to use excess revenues for municipal purposes; and
WHEREAS, the City Council has determined that it is desirable to obtain permission
from the electors to use excess revenues from fiscal years 1999 through 2003 for the purpose of
contributing to enhancements to the Iselin Park Recreational Complex including the swimming
pool, the inclusion of the Aspen Youth Center within the complex, the expansion of common
elements for the addition of a privately funded ice skating rink, and to fund a capital reserve and
operating fund for the facilities; and
(Bass Park Question)
WHEREAS, in April 1999 the City of Aspen purchased the property commonly known as
Bass Park (located at the comer of Monarch St. and Hopkins Ave.) for $3.4 million with City of
Aspen housing funds to prevent the change of its current use while seeking voter direction and
the approval of a financing mechanism for its ultimate use as either an affordable housing
development or continued use as a park; and
WHEREAS, the City Council asked the voters of Aspen at the November 1999 special
election for direction for a preferred use of the Bass property, but the results of that election did
not yield such guidance; and
WHEREAS, the City Council has determined to ask the voters of the City of Aspen at the
November 2000 special election for authorization to increase sales taxes to purchase open space
property; and
WHEREAS, in the event that the open space sales tax authorization vote is approved by
the electors, adequate funds would be available to purchase the Bass property from the housing
fund for $3.4 million, plus accumulated interest; and
WHEREAS, if the voters decide that the Bass property is to continue to be used as a
park, the Housing/Day Care Fund will need to be reimbursed $3.4 million, plus accumulated
interest, by the Open Space and Parks Fund and such a transfer will require the use of proceeds
from the new open space sales tax and bonding question that will be submitted to the voters; and
WHEREAS, the City Council has determined that if the open space sales tax and bonding
question and this advisory question do not pass, the City will proceed to develop affordable
housing units on the site; and
WHEREAS, the 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; and
(Truscott Affordable Itousing Question)
WHEREAS, the City Council is considering a proposal to sell or lease approximately 1.3
acres of the City-owned Municipal Golf Course property and the existing golf pro-shop building
to the Aspen/Pitldn County Housing Authority or other not-for-profit corporation (i.e. the Aspen
Junior Golf Foundation) to facilitate the construction of new tennis courts, a new golf pro shop, a
new nordic skiing center, and increase the number of affordable housing units at Tmscott Place;
and
WHEREAS, Section 13.4 of the Aspen City Home Rule Charter requires voter approval
for the sale of real property in use for public purposes or for any change in use of property
purchased for open space purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1.
The following question, seeking authorization to impose a Visitor Benefit tax, shall be
placed on the ballot at the November 7, 2000 election:
CITY OF ASPEN - REFERENDUM
1.0% VISITOR BENEFIT TAX.
SHALL CITY OF ASPEN TAXES BE INCREASED UP TO $1,250,000.00 (FIRST
FULL FISCAL YEAR DOLLAR INCREASE, NET OF ANY
CONSTITUTIONALLY REQUIRED TAX CUTS) ANNUALLY BY THE
IMPOSITION OF A NEW VISITOR BENEFIT TAX OF 1.0% UPON THE
LEASING OR RENTING OF ROOMS OR OTHER ACCOMMODATIONS IN
COMMERCIAL LODGING ESTABLISHMENTS BY TRANSIENT PERSONS,
COMMENCING ON JANUARY 1, 2001, TO PROVIDE FOR THE CREATION OF
A SEPARATE TOURISM PROMOTION FUND FOR DEPOSIT OF SAID VISITOR
BENEFIT TAX RECEIPTS, TO PROVIDE THAT SAID FUND MAY BE
EXPENDED ONLY FOR THE PURPOSE OF SPENDING 50% OF SAID TAX
RECEIPTS TO PARTIALLY DEFRAY THE COST OF THE CITY'S
PARTICIPATION IN A REGIONAL TRANSPORTATION AUTHORITY AND 50%
OF SAID TAX RECEIPTS FOR THE PURPOSE OF PROMOTING TOURISM IN
THE CITY OF ASPEN THROUGH A CONTRACT WITH A PROFESSIONAL
ENTITY SUCH AS THE ASPEN CHAMBER RESORT ASSOCIATION (ACRA) OR
OTHER SIMILAR MARKETING ENTITY, AND SHALL ANY EARNINGS
(REGARDLESS OF AMOUNT) FROM THE INVESTMENT OF THE PROCEEDS
OF SUCH TAX CONSTITUTE A VOTER APPROVED REVENUE CHANGE.'?
Section 2.
The following question, seeking authorization to increase City of Aspen sales taxes by an
amount of 0.5% and to increase City of Aspen debt by the issuance of bonds in an aggregate
principal amount of not to exceed $38.0 million to purchase, improve and care for trails,
recreation and open space properties and ancillary facilities, shall be placed on the ballot at the
November 7, 2000 election:
CITY OF ASPEN - REFERENDUM
0.5% OPEN SPACE SALES TAXES.
SHALL CITY OF ASPEN TAXES BE INCREASED UP TO $2,280,000.00 (FIRST
FULL FISCAL YEAR DOLLAR INCREASE, NET OF ANY
CONSTITUTIONALLY REQUIRED TAX CUTS) ANNUALLY BY THE
IMPOSITION OF AN ADDITIONAL 0.5% SALES TAX COMMENCING ON
JANUARY 1, 2001, AND TERMINATING ON DECEMBER 31, 2025, AND
SHALL CITY OF ASPEN DEBT BE INCREASED BY AN AMOUNT NOT TO
EXCEED $38.0 MILLION WITH A MAXIMUM REPAYMENT COST OF
$91,065,000.00 FOR THE PURPOSE OF BUYING, IMPROVING AND
MAINTAINING TRAIL, RECREATION AND OPEN SPACE PROPERTIES AND
ANCILLARY FACILITIES;
SUCH DEBT TO CONSIST OF REVENUE BONDS PAYABLE FROM CITY
SALES TAXES THAT BEAR INTEREST, MATURE, ARE SUBJECT TO
REDEMPTION, WITH OR WITHOUT PREMIUM, AND ARE ISSUED, DATED,
AND SOLD, AT SUCH TIMES AS NEEDED TO FINANCE THE PURCHASES OR
IMPROVEMENTS AS DESCRIBED ABOVE, AT SUCH PRICES (AT, ABOVE OR
BELOW PAR) AND IN SUCH MANNER AND CONTAIN SUCH TERMS AS THE
CITY COUNCIL MAY DETERMINE; AND
SHALL ANY EARNINGS (REGARDLESS OF AMOUNT) FROM THE
INVESTMENT OF THE PROCEEDS OF SUCH TAXES AND SUCH BONDS
CONSTITUTE A VOTER-APPROVED REVENUE CHANGE?
Section 3.
The following question, authorizing the City of Aspen to retain an estimated $25,074.00
in excess property taxes for fiscal year 1999, retain future excess property taxes, if any, in fiscal
years 2000 through 2003, shall be placed on the ballot at the City's special election to be held on
November 7, 2000.
CITY OF ASPEN - REFERENDUM
EXCESS PROPERTY TAXES.
SHALL THE CITY OF ASPEN BE AUTHORIZED TO COLLECT, RETAIN, AND
EXPEND, WITHOUT INCREASING ANY TAXES OR INCREASING ANY TAX
RATE, AN ESTIMATED $25,074.00 OF 1999 PROPERTY TAX REVENUES IN
EXCESS OF THE LIMITS OF ARTICLE X, SECTION 20, OF THE COLORADO
CONSTITUTION (TABOR), AND FOR THE SUBSEQUENT FISCAL YEARS OF
2000, 2001, 2002, AND 2003 WITHOUT FURTHER VOTER APPROVAL
NOTWITHSTANDING THE TABOR LIMITS FOR THE PURPOSE OF
CONTRIBUTING TO ENHANCEMENTS TO THE ISELIN PARK RECREATIONAL
COMPLEX INCLUDING THE SWIMMING POOL, THE INCLUSION OF THE
ASPEN YOUTH CENTER WITHIN THE COMPLEX, THE EXPANSION OF
COMMON ELEMENTS FOR THE ADDITION OF A PRIVATELY FUNDED ICE
RINK, AND TO FUND A CAPITAL RESERVE AND OPERATING FUND FOR THE
FACILITIES?
Section 4.
The following question, seeking direction to spend revenues generated by the City of
Aspen new 0.5% open space sales tax or bond proceeds, if said tax and bonding authorization
measure is approved by the electors on November 2000, to reimburse the City of Aspen Housing
Fund for monies used for the initial purchase of the property commonly known as Bass Park.
CITY OF ASPEN - REFERENDUM
BASS PARK PROPERTY.
If the November 2000 ballot question to increase open space sales taxes or this question
fails, it is the intention of the City Council to develop the Bass property for affordable
housing. Shall the City of Aspen be directed to purchase the Bass property from the
housing fund for $3.4 million, plus interest, to ensure that the property continues to be
used as a City park if the open space sales tax question is approved by the voters?
Section 5.
The following question, authorizing the City of Aspen to sell approximately 1.3 acres of
the City owned Municipal Golf Course property and the existing golf pro-shop building to the
Aspen/Pitkin County Housing Authority or other non-profit organization (i.e. the Aspen Junior
Golf Foundation) to facilitate the construction of new tennis courts, a new golf pro shop, a new
nordic center and additional affordable housing units at Truscott Place, shall be placed on the
ballot at the November 7, 2000 election:
CITY OF ASPEN - REFERENDUM
MUNICIPAL GOLF COURSE
REDEVELOPMENT:
AND TRUSCOTT PLACE
Shall the City of Aspen be authorized to sell or enter into long term leases with the
Aspen/Pitkin County Housing Authority or other not-for-profit organization
(including the Aspen Junior Golf Foundation) for the following city owned
property at the Municipal Golf Course (originally purchased with open space
funds) to facilitate the construction of new tennis courts, a new golf pro shop, a
new nordic center, and additional affordable housing units at Truscott Place:
a) up to 41,418 square feet of land of the existing parking lot and
driveway; and
b) up to 9,306 square feet of land under the existing golf cart barn
and vicinity; and
c) the current Golf Pro-shop Building with approximately 4,406
square feet of land?
Section 6.
The City Clerk of the City of Aspen shall take all steps necessary to conduct the
election in accordance with the Municipal Code and Home Rule Charter of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 28th day August 2000.
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.
Kathry~S. Koch, City Clerk
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