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HomeMy WebLinkAboutordinance.council.059-79RECORD OF PROCEEDINGS DfiA"F'-'r"'. . "~,/) f' ½ 1 O0 Leaves ORDINANCE NO. (Series of 1979) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, AN AMENDMENT TO THE CHARTER OF THE CITY MAKING SPECIFIC THE AUTHORITY OF THE CITY TO ISSUE BONDS, WITHOUT AN ELECTION AND WITHOUT INCLUSION OF AMOUNTS BORROWED IN COMPUTATIONS FOR DEBT LIMITATION PURPOSES, PAYABLE FROM AND PLEDGING THE PRO- CEEDS OF THE REAL ESTATE TRANSFER TAX WHEREAS, the City Council of the City of Aspen, Colorado, has determined that it is necessary and advisable to submit to the qualified registered electors of the City of Aspen a proposal modifying the method of providing specific authority of the City to issue bonds, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: of Section 1 That at the Special Municipal Election to be held in the City Aspen, Colorado, on Tuesday, the llth day of December, 1979, electors of the city the ter of the City of Aspen thereof, relating to the to a vote of the qualified, registered following proposed amendment to the Char- concerning Paragraph Two of Section 10.5 authority of the City to issue bonds, all as set forth below, which question shall be similarly stated in the Ballot Label and Notice of Election. FORM OF QUESTION "VOTE FOR OR AGAINST THE FOLLOWING" Shall the Charter of the City of Aspen be amended by the repeal of of Paragraph Two of Section 10.5 thereof and its reenactment as follows: Section 10.5. (Paragraph Two) The City shall, in addition, have the authority to issue revenue bonds, without the requirement of an election, pay- able from the revenue or income of the system, utility or project to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from (1) the available proceeds of a municipal sales or use tax, or from the proceeds received by the City from the imposition of a there shall be submitted RECORD OF PROCEEDINGS 100 Leaves sales or use tax by the State of Colorado, or any agency thereof, or (2) the available proceeds of a municipal real estate transfer tax, or (3) the available proceeds of any other municipal excise tax or taxes, or (4) from any combina- tion of two or more of said sources. Such bonds shall not be considered a debt or general obligation of the City, and shall not be included as part of the indebtedness of the City for purposes of Section 2 determining any debt limitation 1. For 2. Against thereof. Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed question of charter amendment. Section 3 The election on the question of proposed charter amendment will be held at the designated polling places within the estab- lished voting precincts between the hours of 7 A.M. and 7 P.M. on Tuesday, December 11, 1979, in the City of Aspen, Colorado. Section 4 The election on the question of proposed charter shall be conducted by the judges and clerks who shall nated by the City Clerk with the City of Aspen. Section 5 amendment be desig- the approval of the City Council of That provisions of registration of electors and for voting by absentee ballot on the question of the proposed question shall be in accordance with the Colorado Municipal Election Law. Section 6 The vote at said election shall be registered on voting machines and the ballot label shall read similarly to the form of the question provided in Section 1. This question shall be separately titled. -2- RECORD OF PROCEEDINGS 100 Leaves Section 7 The election on the question of proposed charter amendment shall be held and conducted, and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and declaration of the officers of the City of Aspen. Section 8 The notice of shall be published the election on the proposed charter amendment in the Aspen Times, a newspaper published and of general circulation in said City, and a copy of such notice shall be posted at each polling place within the City, at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such notice containing such information as is required by law. Section 9 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional 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 por- tions thereof. Section 10 A public hearing on the ordinance shall be held on the __ day of , 1979, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held , 1979. Herman Edel Mayor -3- RECORD OF PROCEEDINGS 100 Leaves ATTEST: Kathryn S. Koch City Clerk FINALLY adopted, passed and approved on the , 1979. day of ATTEST: Herman Edel Mayor Kathryn S. Koch City Clerk -4-