HomeMy WebLinkAboutordinance.council.025-83 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO. 25
(Series of 1983)
AN ORDINANCE AMENDING ORDINANCE NO. 16 (SERIES OF 1970) REGARDING
THE "SIXTH PENNY" SALES TAX, BY ADDING ADDITIONAL LANGUAGE TO
SECTION 7 THEREOF REQUIRING THAT 75% OF ALL "SIXTH PENNY" SALES
TAX REVENUES AND BOND MONIES BASED THEREON AND ALL OTHER MONIES IN
THE "LAND ACQUISITION INCLUDING OPEN SPACE AND CAPITAL EXPENDI-
TURES FUND" BE EXPENDED ONLY, WITH CERTAIN EXCEPTIONS, ON OPEN
SPACE LAND ACQUISITION OR CAPITAL IMPROVEMENTS FOR PUBLIC RECRE-
ATION AND OPEN SPACE PURPOSES OR FOR THE INDEBTEDNESS THEREFOR;
AND THAT SUCH OPEN SPACE LANDS AND CAPITAL IMPROVEMENTS ON WHICH
SUCH MONIES ARE EXPENDED SHALL ONLY BE WITHIN THE CITY LIMITS OF
THE CITY OR CONTIGUOUS TO THE CITY LIMITS OF THE CITY
WHEREAS, an initiative petition has been submitted to the
City Council proposing that the words "for municipal purposes"
used in Section 7 of Ordinance No. 16 (Series of 1970), a copy of
which is annexed hereto and incorporated herein, be further
defined by amending Ordinance No. 16 (Series of 1970) to add
language to Section 7 requiring that 75% of all "Sixth Penny"
sales tax revenues and bond monies based thereon and all other
monies in the Land Acquisition Including Open Space and Capital
Improvements Fund be expended only on open space land acquisition
or capital improvements for public recreational and open space
purposes or the indebtedness therefor and that such recreational
open space lands and capital improvements be only within the
City limits of the City of Aspen or contiguous to the City limits
of the City; and
WHEREAS, the City Council, having considered the aforesaid
initiative petition (incorporated herein by this reference),
desires to amend Section 7 of Ordinance No. 16 (Series of 1970) as
set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
RECORD OF PROCEEDINGS 100 Leaves
Section 1
That Section 7 of Ordinance No. 16 (Series of 1970), a copy
of which is annexed hereto and incorporated herein, be and the
same hereby is amended by adding the following language:
For the purposes of this ordinance, the foregoing term "muni-
cipal purposes" shall be defined as follows:
"Se~enty-five percent (75%) of all revenues from sales
tax, park dedication fees, rents payable to the land
fund, sale of assets purchased by the land fund, and
future bond proceedings for a physical year ending
December 31 shall be allocated or expended for open
space acquisition, capital improvements for open space/
outdoor recreation use, and all debt service guaranteed
by this sales tax prior to November 15, 1983.
No more than twenty-five percent (25%) of all revenues
from sales tax, park dedication fees, rents payable to
the land fund, sales of assets purchased by the land
fund, and future bond proceeds for a fiscal year ending
December 31 shall be expended for open space, park and
mall maintenance, overhead allocation, one-third (1/3)
of the food sales tax rebate, and capital improvements
that are not directly for open space improvement.
Ail land fund monies expended for land acquisition shall
only be for land located within the boundaries of the
city, or contiguous thereto if annexation is completed
coincident with such acquisition.
Nothing herein shall affect or impair the pledge of any
part of the revenues from this 'sixth penny' sales tax
to any bond or other obligation of the City of Aspen
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RECORD OF PROCEEDINGS 100 Leaves
issued prior to the effective date of this ordinance
amendment, or the refunding thereof, or the expenditure
of proceeds of such bonds or obligations or the payments
of debt service and other payments required pursuant to
such indebtedness. All debt service, expenditure of
bond proceeds, or indebtedness payments or obligations
referred to herein shall include costs of issuance of
the debt and all payments required pursuant to the
indebtedness, including funded or capitalized interest,
reserve funds and refunding costs."
Section 2
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 3
A public hearing on the ordinance shall be held on the ~
day of~/~~r , 1983, at 5:00 P.M. in
the City Counc s, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the /~day of
, 1983.
ATTEST:
at ryn .~/Koc , i y er
RECORD OF PROCEEDINGS 100 Leaves
adopted, passed and approved on this~ day of
FINALLY
, 1983.
William L. Stirling, Mayor ~
'ATTEST:
Kathry~ ~ Koch, City Clerk~
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