HomeMy WebLinkAboutagenda.council.special.20120904 FO I
THE CITY OF ASPEN
CITY COUNCIL
SPECIAL MEETING
TUESDAY, SEPTEMBER 4, 2012
4 P.M.
I. Ballot Questions
A. CCEC — Castle Creek Energy Center
B. AEF tax — Aspen Education Foundation
C. Source Gas — Franchise Agreement
memorandum
The City of Aspen
City Rum's Office
TO: Mayor and Members of Council
FROM: James R. True
DATE: September 4,2012
MEETING: September 4, 2012, Special Meeting
RE: Proposed Ballot Questions for November Election
* Castle Creek Hydroelectric Facility
* Sale and Use Tax for Schools
* SourceGas Franchise Agreement
Attached for your review and consideration are three proposed resolutions that if approved
would refer to the voters certain ballot questions for the November Special City Election. The
City Election will be a coordinated election with County General Election. All ballot questions
must be completed by September 7, 2012, as the City Clerk is required to submit all City
questions to the County Clerk on that date.
Resolution for Castle Creek Hydroelectric Facility - The first resolution would refer to the voters
an advisory question involving proceeding with the Castle Creek hydroelectric facility. The
language for the ballot issue was considered at a work session held on August 28, 2012.
Resolution for Sale Tax Increase for Educational Purposes. — The second resolution would refer
to the voters a ballot question seeking voter approval to increase sales tax by .3 % for educational
purposes. The new tax would be collected by the City of Aspen then distributed to a trust or
other nonprofit organization that would evaluate needs of the Aspen School District and provide
to it grants for educational purposes. An Intergovernmental Agreement would be entered
between the Aspen School District and the City of Aspen for the purpose of establishing the
entity that would provide such grants. This process is similar to that used by the City with
regarding the collection and distribution of the lodging tax. This resolution has been proposed to
the City of Aspen by the Aspen Education Foundation.
Resolution for Renewal of Source Gas Franchise —The third resolution would refer to the voters
a ballot question regarding the SourceGas Franchise. Section 11.4 of the Aspen Home Rule
Charter requires franchise agreements to obtain voter approval. Although this agreement may be
deemed a renewal of the previous franchise agreement, because of the substantive changes that
are proposed for the franchise agreement, staff believes that it is appropriate to seek voter
approval for this agreement.
All three of these resolutions have been placed on your agenda for the special meeting of the 4th
of September. Should additional discussion or work on the ballot questions be necessary, the
meeting should be continued to the following day.
RESOLUTION NO.
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A BALLOT
QUESTION AT THE NOVEMBER 6, 2012, MUNICIPAL ELECTION, AND SETTING
SUCH BALLOT TITLE.
WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen
City Charter to, on its own motion, submit questions to a vote of the electorate; and
WHEREAS, the City Council has determined that it desires to allow voters of the
City of Aspen to consider the propriety of completion of the hydroelectric facility at the
Castle Creek Energy Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
The following question addressing the completion of the hydroelectric facility at
Castle Creek Energy Center shall be placed on the ballot at the City's special election to be
held on November 6,2012:
CITY OF ASPEN—REFERENDUM
CITY OF ASPEN ADVISORY QUESTION — CASTLE CREEK HYDROELECTRIC
FACILITY
Shall the City of Aspen complete the hydroelectric facility on Castle Creek, subject
to local stream health monitoring and applicable governmental regulations, in order
to replace coal-fired energy with renewable energy?
YES
NO
1
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
day of 12012.
Michael C. Ireland, Mayor
1, 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.
Kathryn S. Koch, City Clerk
2
RESOLUTION NO.
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE
NOVEMBER 6, 2012, ELECTION A CERTAIN QUESTION SEEKING AUTHORITY
TO LEVY A NEW 0.3%SALES TAX FOR EDUCATIONAL PURPOSES.
WHEREAS, at the request of the Aspen Education Foundation the City Council of
the City of Aspen, Pitkin County, Colorado desires to request that the voters increase the
sales tax rate to provide for funds to be used exclusively for the benefit of the Aspen School
District No. 1 (RE), for educational purposes as well as for the costs associated with
establishing and maintaining a trust or other nonprofit organization or entity and for the
collection and administration of the revenues generated by the sales tax rate increase; and
WHEREAS, Section 12.1 of the City of Aspen Home Rule Charter and Article X,
Section 20 of the Constitution of the State of Colorado require voter approval to levy and
collect taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
The following question shall be placed on the ballot at the November 6, 2012,
election:
CITY OF ASPEN—REFERENDUM
0.3% Sales Tax for Educational Purposes.
BALLOT TITLE AND TEXT:
SHALL CITY OF ASPEN, COLORADO TAXES BE INCREASED $1,750,000.00
ANNUALLY (ESTIMATED) FOR THE FIRST FISCAL YEAR (2013) AND BY
SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY A
NEW 0.3% SALES TAX COMMENCING JANUARY 1, 2013 AND CONTINUING
THROUGH DECEMBER 31, 2016, UNLESS THE QUALIFIED ELECTORS OF THE
CITY SHALL SUBSEQUENTLY AUTHORIZE AN EXTENSION, TO BE USED FOR
EDUCATIONAL PURPOSES PROVIDING SUPPORT TO THE ASPEN SCHOOL
DISTRICT NO. 1 (RE); AND PROVIDED FURTHER, THAT THE REVENUES
DERIVED FROM SUCH SALES TAX SHALL BE COLLECTED BY THE CITY OF
ASPEN AND DISBURSED THROUGH A TRUST OR OTHER NONPROFIT ENTITY
CREATED BY INTERGOVERNMENTAL AGREEMENT BETWEEN THE'CITY OF
ASPEN AND THE ASPEN SCHOOL DISTRICT NO. 1 (RE) WITH SUCH TRUST OR
OTHER NONPROFIT ENTITY MANAGED BY THE FOLLOWING INDIVIDUALS
FOR THE TERM OF THE TAX:
1) JEANNE C. DOREMUS
2) ERNIE FYRWALD
3) ROBIN HAMILL
4) LAURA KORNASIEWICZ
5) SUSAN MAROLT
6) SARAH CHASE SHAW
7) PETER VAN DOMELEN
WITH THE INTERGOVERNMENTAL AGREEMENT PROVIDING FOR A
METHOD OF REPLACEMENT OF ANY SUCH INDIVIDUALS; AND SHALL THE
FULL REVENUES FROM SUCH TAX INCREASE AND ANY EARNINGS
(REGARDLESS OF AMOUNT) FROM THE INVESTMENT OF THE PROCEEDS OF
SUCH TAX CONSTITUTE A VOTER APPROVED REVENUE CHANGE THAT
MAY BE COLLECTED, RETAINED AND EXPENDED BY THE CITY FOR THE
PURPOSES SET FORTH ABOVE NOTWITHSTANDING ANY STATE REVENUE
OR EXPENDITURE LIMITATION, INCLUDING THE LIMITATION CONTAINED
IN ARTICLE X, SECTION 20, OF THE COLORADO CONSTITUTION OR ANY
OTHER LAW?
[ ] YES
[ ] NO
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the day of , 2012.
Michael C. Ireland, Mayor
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.
Kathryn S. Koch, City Clerk
RESOLUTION NO.
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN
QUESTION RELATING TO THE ADOPTION OF AN ORDINANCE GRANTING A
FRANCHISE TO SOURCEGAS DISTRIBUTION LLC TO LOCATE, BUILD,
CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND OPERATE INTO,
WITHIN AND THROUGH THE PRESENT AND FUTURE CORPORATE LIMITS OF
THE CITY OF ASPEN,PITKIN COUNTY, COLORADO, A PLANT OR PLANTS,AND
WORKS FOR THE PURCHASE, MANUFACTURE, TRANSMISSION AND
DISTRIBUTION OF GAS, EITHER NATURAL, ARTIFICIAL, OR MIXEDELECTRIC
SERVICES WITHIN THE CITY OF ASPEN.
WHEREAS, the previous franchise agreement with SourceGas Distribution LLC
for the provision of gas service to the City of Aspen has expired; and
WHEREAS, the City staff and SourceGas Distribution LLC have negotiated an
agreement providing for a grant of franchise subject to approval by the City Council of the
City of Aspen and the electors of the City of Aspen; and
WHEREAS, the City Council has determined that the grant of franchise is in the
best interests of the citizens of the City of Aspen.
WHEREAS, Section 11.4 of the Aspen Home Rule Charter requires all franchises
to be approved by a majority of the electors of the City of Aspen voting thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
The following question, authorizing the City of Aspen to enter into a franchise
agreement with Holy Cross Energy shall be placed on the ballot at the November 6, 2012,
election:
CITY OF ASPEN - REFERENDUM
SoureGas Franchise Agreement
Shall the City of Aspen be authorized to grant a franchise to SourceGas
Distribution LLC for a period of twenty (20) years for the provision of gas
services within the City of Aspen upon the terms and conditions set forth in
Ordinance No. 24, Series of 2012?
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the day of , 2012.
Michael C. Ireland, Mayor
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.
Kathryn S. Koch, City Clerk