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HomeMy WebLinkAboutordinance.council.019-18 ORDINANCE NO. 19 (SERIES OF 2018) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY AMENDING SECTION 10.5, TO ALLOW A DULY CREATED ENTERPRISE TO ISSUE REVENUE BONDS WITHOUT SUBMISSION TO THE ELECTORATE CONSISTENT WITH THE PROVISIONS OF THE COLORADO CONSTITUTION KNOWS AS THE TAXPAYER BILL OF RIGHTS(TABOR). WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to allow enterprise funds to issue bonds without submission to the electorate consistent with the provisions of the Colorado Constitution knows as the Taxpayer Bill of Rights(TABOR), and; WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule municipalities to amend their home rule charters through such procedures as may be enacted by the state general assembly; and WHEREAS, the state legislature has enacted Section 31-2-210, C.R.S., which section sets forth the procedures for amending a city's home rule charter requiring the adoption of an ordinance, including a ballot title for the proposed amendment. and submission of the proposed amendment to the electorate; and, WHEREAS, Section 13.10 of the City Charter of the City of Aspen authorizes amendments to the City Charter in the manner prescribed by the state constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL THAT: Page I of 3 Section 1 Section 10.5 of Article X of the Home Rule Charter of the City of Aspen is hereby amended by adding at the end of the last sentence thereof the following: and provided further, however, that revenue bonds for a duly created enterprise may be issued without an election. Section 2. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4• This ordinance shall become effective only upon approval of the electorate of the City of Aspen at k the municipal election to be held on November 6, 2018, of a ballot question in substantially the form that follows: CITY OF ASPEN REFERENDUM NO. AMENDMENT TO CITY CHARTER — TO ALLOW A DULY CREATED ENTERPRISE TO ISSUE REVENUE BONDS WITHOUT SUBMISSION TO THE ELECTORATE CONSISTENT WITH THE PROVISIONS OF THE COLORADO CONSTITUTION KNOWS AS THE TAXPAYER BILL OF RIGHTS (TABOR). Shall Ordinance No. 19, Series of 2018, be approved? Ordinance No. 19, Series of 2018, if approved, amends section 10.5 of the City of Aspen Home Rule Charter to allow a duly created City enterprise to issue revenue bonds without submission to the Page 2 of 3 electorate consistent with the provisions of the Colorado Constitution knows as the Taxpayer Bill of Rights(TABOR). Yes/For [] No/Against [] Section 5• A public hearing on this ordinance shall be held on the 271h day of August, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, seven(7) days prior to which a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED FOR SECOND READING as provided by law, by the City Council of the City of Aspen on the 13th day of August,2018. Attest: Sic �&Linda Manning, City Clerk Steven Skadr p,Mayor FINALLY adopted,passed and approved this Zblay of August 2018. Attest: lC, Linda Manning, City Cl rk Steven Skadr n,Mayor Page 3 of 3