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HomeMy WebLinkAboutresolution.council.017-80RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. /O (Series of 1980) WHEREAS, WHEREAS, are in valid Charter Amendment petitions have been submitted, and the City Council must determine that the petitions form and bear the specified number of signatures before an election may be called to amend the Charter, NOW, THERFORE~ BE IT RESOLVED BY ~{E CITY COUNCIL OF TIlE CITY OF ASPEN, COLORADO: Section 1. Findings of Fact. The City Council specifically finds that~ (a) The two Charter Amendment petitions were submitted to the City Clerk on July 18, 21 and 22, 1980. (b) That on July 28~ 1980, the City Clerk on the advice of the City Attorney, did certify that the petitions did contain a sufficient number of signatures as required by the Municipal Home Rule Act of 1971 or 106 signatures which is the number equal to five percent (5%) of the registered electors of the City registered on the date of the filing of the statement of intent. (c) That the petitions state that the proposed amendments are sought to be submitted at a special election. (d)That the Municipal Home Rule Act was amended in 1979. (e) That as amended said act requires that a petition to submit an amendment at a special election must be signed by qualified electors equal in number to at least ten percent (10%) of the pality registered on statement of intent. registered electors of the munici- the date of the filing of the RECORD OF PROCEEDINGS 100 Leaves (f) That ten percent (10%) City of Aspen registered the statement of intent (g) That on August 19, 1980, of the registered electors of the on the date of the filing of is 212 electors. the City Clerk did certify that the petition proposing an amendment to Article XII did contain 138 valid signatures and that the petition pro- posing an amendment to Section 10.5 did contain 175 valid signatures. (h) That as amended said Municipal Home Rule Act now re- quires that if the amendment is sought to be submitted at a special election, the petition shall state an approximate date for such special election. (i) That the petitions do not specifically state an approxi- mate date for such special election, but rather request a special election "to be held not less than thirty (30) nor more than one hundred twenty (120) days from the date this petition is filed" which language is suffi- cient for substantial compliance. (j) That as amended, said Municipal Home Rule Act requires that the petition shall contain the full text of the proposed amendment. (k) That the petition proposing an amendment to Article XII of the Charter contains the full text of the proposed amendment. (1) That the petition proposing an amendment to Section 10.5 of the Charter does not contain the full text of the proposed amendment, specifically, the text ignores that new portion of Section 10.5 of the Charter approved on February 26~ 1980~ and reading as follows: "The City shall further have the authority to issue revenue bonds for such purpose 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 2 RECORD OF PROCEEDINGS 100 Leaves 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 provi- sion of this Charter relating to sales and use tax revenue bonds." Section 2. Conclusions. (a) The Council does determine that the Charter Amendment petition proposing an amendment of Article XII is in valid form~ but does not bear the specified number of signatures. The peti- tioners' committee has until September 2, 1980, to obtain the remaining signatures. (b) The Council does determine that the Charter Amendment petition proposing an amendment of Section 10.5 is not in valid form in that the petition does not contain the full text of the proposed amendment. From the petition submitted Council cannot determine whether it was the intent of petitioners to eliminate or continue in full force and effect the new portion of Section 10.5 of the Charter approved on February 26, 1980. Further, the Coun- cil does determine that said petition also does not bear the spec- ifiedDated:number of~~ Herman Edel Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk of the City of Aspen~ Colorado, hereby certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado ~day of at a meeting held on the 1980. Kathryn S~. Koch'' City Clerk 3