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HomeMy WebLinkAboutordinance.council.048-80RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~___ (Series of 1980) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A GENERAL ELECTION TO BE }{ELD ON TUESDAY, NOVEMBER 4, 1980, PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY PROVIDING LIMITATIONS ON THE LEVY AND INCREASE OF TAXES 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 a proposal providing for limitations on the levy NOW, THEREFORE, BE CITY OF ASPEN, COLORADO: and increase of taxes, IT ORDAINED BY THE CITY COUNCIL OF THE Section 1 That at the general election to be held in the City of Aspen, Colorado, on Tuesday, November 4, 1980, there shall be submitted to a vote of the qualified, registered electors of the City a pro- posed amendment to Article X of the Charter of the City of Aspen, relating to taxation, all as set forth below and as more particu- larly stated in the form of Ballot Label and Notice of Election hereinafter set forth. FORM OF QUESTION QUESTION SUBMITTED: Shall the Charter of the City of Aspen, Colorado, be amended by the revision of Section 10.5 which would read as follows: Section 10.5 Revenue Bonds The City may borrow money, issue bonds, or otherwise extend its credit for purchasing, constructing, condemning, otherwise acquiring, extending, or improving a water, elec- tric, gas or sewer system, or other public utility or income- producing project provided that the bonds or other obliga- tions shall be made payable from the net revenues derived from the operation of such system, utility or project, and providing further that any two or more of such systems, util- ities, and projects may be combined operated, and maintained as joint municipal systems, utilities, or projects in which case such bonds or other ~bligations shall be made payable out of the net revenue derived from the from the operation RECORD OF PROCEEDINGS 100 Leaves of such joint systems, utilities or projects. 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 determining any debt limitation thereof. The City shall~ in addition, have the authority to issue revenue bonds payable from the revenue or income of the sys- tem, utility or project to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the proceeds received by the City from the imposi- tion of a sales or use tax by the State of Colorado, or any agency thereof. 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 deter- mining any debt limitation thereof. The City shall further have the opportunity to issue revenue bonds for such purpose or purposes 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 shall not be considered a debt or a general obli- gation 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 provisions of this Charter relating to sales and use tax revenue bonds. No revenue bonds shall be issued until the question of their issuance shall have been approved by a majority of the electors voting on the question at a regular or special elec- tion; provided, however, that revenue bonds payable solely from the proceeds of the Real Estate Transfer Tax may be issued without an election; and provided further, however, that industrial development revenue bonds may be issued pur- suant to the provisions of the County and Municipal Develop- ment Revenue Bond Act and without an election. Section 2 That at the general election to be held in the City of Aspen, Colorado, on Tuesday, November 4, 1980, there shall be submitted to a vote of the qualified, registered electors of the City a pro- posed amendment to Article XII of the Charter of the City of Aspen, relating to taxation, all as set forth below and as more particularly stated in the form of Ballot Label and Notice of Election hereinafter set forth. FORM OF QUESTION QUESTION SUBMITTED: Shall the Charter of the City of Aspen, Colorado, be amended by the revision of Section 12.1 which would read as follows: RECORD OF PROCEEDINGS 100 Leaves Section 12.1 Authority to Levy Taxes The Council may levy and collect taxes for municipal purposes including, without limitation, general ad valorem property taxes, and it may levy and collect special assess- ments for local improvements as provided in this Charter; provided, however, that no income tax, sales tax, excise tax or any other tax (except ad valorem property taxes and spe- cial assessments) shall first be levied after November 4, 1980, until such tax shall have been approved by a majority of the electors voting on the question at a regular or spe- cial election; and provided further, however, that the rate of levy of any income tax, sales tax, excise tax, ad valorem property tax or any other tax (except special assessments and increases in ad valorem property taxes required by obligation of outstanding bonds) made on or after November 4, 1980~ shall not be increased until such increase shall have been approved by a majority of the electors voting on the question at a regular or special election. Section 3 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 amendments of the City Charter. Section 4 The election on the proposed Charter Amendments at the following polling places within between the hours of 7 A.M. and 7 P.M. City of Aspen, Colorado: will be held the established precincts on November 4, 1980, in the POLLING PLACES Precinct 1 - St. Mary's Catholic Church Precinct 2 - Chateau Dumont Conference Center Precinct 3 - Upper Elementary School Gymnasium Precinct 4 - Aspen Center for Physics Precinct 5 Plum Tree Inn Section 5 The election on the proposed amendments to the City Charter shall be conducted by the judges and clerks who shall be desig- 3 RECORD OF PROCEEDINGS 100 Leaves nated by the City Clerk with the approval of the City Council of the City of Aspen. Section 6 The provisions for registration of electors and for voting by absentee ballot on the question of the Charter Amendments shall be in accordance with the Colorado Municipal Election Law. Section 7 The votes voting machines The Ballot at said election shall be registered on electronic at each of the polling places. Label shall read as follows: "FOR AGAINST Shall the Charter of the City of Aspen be amended by the revision of Section 10.5 which would read as follows: Section 10.5 Revenue Bonds The City may borrow money, issue bonds, or otherwise extend its credit for purchasing, constructing, condemning, otherwise acquiring, extending, or improving a water, elec- tric, gas or sewer system, or other public utility or income- producing project provided that the bonds or other obliga- tions shall be made payable from the net revenues derived from the operation of such system, utility or project, and providing further that any two or more of such systems, util- ities~ and projects may be combined operated, and maintained as joint municipal systems, utilities, or projects in which case such bonds or other obligations shall be made payable out of the net revenue derived from the operation of such joint systems, utilities or projects. 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 determining any debt limitation thereof. The City shall, in addition, have the authority to issue revenue bonds payable from the revenue or income of the sys- tem, utility or project to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the proceeds received by the City from the imposi- tion of a sales or use tax by the State of Colorado, or any agency thereof. 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 deter- mining any debt limitation thereof. The City shall further have the opportunity to issue revenue bonds for such purpose or purposes 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 4 RECORD OF PROCEEDINGS 100 Leaves proceeds of the Real Estate Transfer Tax imposed by the City. Such bonds shall not be considered a debt or a general obli- gation 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 provisions of this Charter relating to sales and use tax revenue bonds. No revenue bonds shall be issued until the question of their issuance shall have been approved by a majority of the electors voting on the question at a regular or special elec- tion; provided, however, that revenue bonds payable solely from the proceeds of the Real Estate Transfer Tax may be issued without an election; and provided further, however, that industrial development revenue bonds may be issued pur- suant to the provisions of the County and Municipal Develop- ment Revenue Bond Act and without an election. "FOR AGAINST Shall the Charter of the City of Aspen be amended by the revision of Section 12.1 which would read as follows: Section 12.1 Authority to Levy Taxes The Council may levy and collect taxes for municipal purposes including, without limitation, general ad valorem property taxes, and it may levy and collect special assess- ments for local improvements as provided in this Charter; provided, however, that no income tax, sales tax, excise tax or any other tax (except ad valorem property taxes and spe- cial assessments) shall first be levied after November 4, 1980, until such tax shall have been approved by a majority of the electors voting on the question at a regular or spe- cial election; and provided further, however, that the rate of levy of any income tax, sales tax, excise tax, ad valorem property tax or any other tax (except special assessments and increases in ad valorem property taxes required by obligation of outstanding bonds) made on or after November 4, 1980~ shall not be increased until such increase shall have been approved by a majority of the electors voting on the question at a regular or special election. On each such voting machine there shall be spaces which will permit the elector to indicate his vote "FOR THE CHARTER ~END- MENT" or "AGAINST THE CHARTER AMENDMENT". Section 8 The election on the questions of the amendments to the City Charter 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 RECORD OF PROCEEDINGS law for the return, canvass and the declaration of the result of votes cast at the general election of municipal officers in the City of Aspen. Section 9 Notice of the election on the proposed Charter ~lendments shall be published in the Aspen Times, a newspaper published and of general circulation in said City, in the edition of said news- paper dated ~ c~ , 1980, 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. Said Notice shall be in substantially the following form: "PUBLIC NOTICE OF ~tIE SUBMISSION OF PROPOSED CHARTER AMENDMENTS OF THE CITY OF ASPEN, COLORADO, AT THE GENERAL ELECTI~ PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to an Ordinance of the City Council of the City of Aspen, Colorado, at the General Election to be held in the City on Tuesday, Novem- ber 4, 1980, between the hours of 7 A.M. and 7 P.M., and there will be submitted proposed amendments to the Charter of the City as follo%;s~ Shall the Charter of the City of Aspen, Colorado, be amended by the revision of Section 10.5 which would read as follows: Section 10.5 Revenue Bonds The City may borrow money, issue bonds, or otherwise extend its credit for purchasing, constructing, condemning, otherwise acquiring, extending, or improving a water, elec- tric, gas or sewer system, or other public utility or income- producing project provided that the bonds or other obliga- tions shall be made payable from the net revenues derived from the operation of such system~ utility or project, and providing further that any two or more of such systems, util- ities and projects may be combined operated, and maintained as joint municipal systems, utilities or projects in which RECORD OF PROCEEDINGS case such bonds or other obligations shall be made payable out of the net revenue derived from the operation of such joint systems, utilities or projects. 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 determining any debt limitation thereof. The City shall, in addition, have the authority to issue revenue bonds payable from the revenue or income of the sys- tem, utility or project to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the proceeds received by the City fro]n the imposi- tion of a sales or use tax by the State of Colorado, or any agency thereof. 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 deter- mining any debt limitation thereof. The City shall further have the opportunity to issue revenue bonds for such purpose or purposes 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 shall not be considered a debt or a general obli- gation 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 provisions of this Charter relating to sales and use tax revenue bonds. No revenue bonds sha±l be issued until the question of their issuance shall have been approved by a majority of the electors voting on the question at a regular or special elec- tion; provided, however, that revenue bonds payable solely from the proceeds of the Real Estate Transfer Tax may be issued without an election; and provided further, however, that industrial development revenue bonds may be issued pur- suant to the provisions of the County and Municipal Develop- ment Revenue Bond Act and without an election. Shall the Charter of the City of Aspen, Colorado, be amended by the revision of Section 12.1 which would read as follows: Section 12.1 Authority to Levy Taxes The Council may levy and collect taxes for municipal purposes including, without limitation, general ad valorem property taxes, and it may levy and collect special assess- ments for local improvements as provided in this Charter, provided, however, that no income tax, sales tax, excise tax or any other tax (except ad valorem property taxes and spe- cial assessments) shall first be levied after November 4, 1980, until such tax shall have been approved by a ~aajority of the electors voting on the question at a regular or spe- cial election~ and provided further, however, that the rate of levy of any income tax, sales tax, excise tax, ad valorem property tax or any other tax (except special assessments and 7 RECORD OF PROCEEDINGS increases in ad valorem property taxes required by obligation of outstanding bonds) existing on or after November 4, 1980, shall not be increased until such increase shall have been approved by a majority of the electors voting on the question at a regular or special election. The election on the proposed amendments to the Charter will be held at the following polling places between the hours of 7 A.M. and 7 P.M.: POLLING PLACE Precinct 1 - St. Mary's Catholic Church Precinct 2 - Chateau Dumont Conference Center Precinct 3 - Upper Elementary School Gymnasium Precinct 4 - Aspen Center for Physics Precinct 5 Plum Tree Inn Those electors who are otherwise fully qualified to vote on said questions at such election, but who are or will be unable to appear at the polling place on the date of the election, may apply in writing at the office of the County Clerk, at the County Courthouse, for an absentee ballot~ at any time during business hours, on or before the 31st day of October, 1980. The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns there- of shall be returned, canvassed and declared, as nearly as may be in the manner prescribed by law for the general elec- tion of municipal officers. IN WITNESS WHEREOF, notice to be given as of 1980. the City Council has caused this this day of Kathryn S. Koch City Clerk RECORD OF PROCEEDINGS Published in; Published on: Section 10 Aspen Times 1980." 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 11 A public hearing on the ordinance shall be day of ~ , 1980, at City Council Chambers, held on the 5:00 P.M. in the Aspen City Hall, Aspen, Colorado. the meeting held on the c~~ay of ~. Herman Edel Mayor INTRODUCED, READ AND ORDERED published as provided by law by City Council of the City of Aspen, Colorado, at its regular , 1980. ATTEST: City Clerk FINALLY adopted, passed and approved ATTEST; on the ~ay of , 1980. . M ayor;~- City Clerk 9 RECORD OF PROCEEDINGS STATE OF COLORADO COUNTY OF PITKIN ss CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed reading at a regular meeting of the City ~ouncil of the City of Aspen on ~-~-~ ~ 19 ~ and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ ~ , 19.__~, and was finally adopted and approved at a regular meeting of the City Council on ~ ~ · 19 ~, and ordered published as Ordinance No. _~ , Series of 19~, of said City, as provided b~ law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of ~ , 19 ~'~. SEAL Kathyrn S~Koch', City Clerk Deputy City Clerk