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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 2 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~ 4