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HomeMy WebLinkAboutordinance.council.050-83 RECORD OF PROCEEDINGS 100 Leaves (Series of 1~) AN ORDINANCE CONCERNING QUESTIONS TO BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 15, 1983; DIRECTING THAT QUESTIONS BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF ASPEN FOR THE FOLLOWING PURPOSES: (1) AUTHORIZATION FOR THE ISSUANCE OF THE CITY SALES TAX REVENUE BONDS FOR THE PURPOSE OF GUARANTEEING THE CITY'S SHARE OF COSTS ASSOCIATED WITH THE DEVELOPMENT OF THE PROPOSED MAINTENANCE FACIL- ITY AND PURCHASE OF SIXTEEN (16) NEW BUSES IN CONNECTION WITH ~HE CITY/PITKIN COUNTY UMTA GRANT; (2) SUBMISSION TO THE E~ECTORS FOR THEIR ACCEPTANCE OR REJECTION OF AN ORDINANCE AMENDING ORDINANCE NO. 20 (SERIES OF 1979) COM- MONLY KNOWN AS THE "REAL ESTATE TRANSFER TAX ORDINANCE" TO, AMONG OTHER THINGS, CODIFY SAID ORDINANCE INTO THE MUNICIPAL CODE AND INCREASE THE TAX THEREBY TO THE RATE OF ONE PERCENT (1%) OF THE CONSIDERATION PAID IN RETURN FOR THE TRANSFER OF OWNERSHIP OR TITLE; PROVIDING FOR A SINGLE VOTING PRECINCT AND POLLING PLACE; AND SETTING FORTH OTHER DETAILS IN REGARD TO SUCH ELECTION WHEREAS, pursuant to Section 2.2 of the City Charter of the City of Aspen and Resolution No. 28, Series of 1983, the City Council called a special election to be held on November 15, 1983, and WHEREAS, the City Council desires to set the questions at said election and to provide for a single voting precinct and polling place and set forth the details in regard to such elec- tion, all as set forth hereinbelow; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the special municipal election to be held in the City of Aspen, Pitkin County, Colorado, on Tuesday, November 15, 1983, be held between the hours of 7:00 a.m. and 7:00 p.m. and that the questions contained hereinafter be submitted to a vote of the registered, qualified electors of the City of Aspen, Colorado. RECORD OF PROCEEDINGS 100 Leaves Section 2 Questions to be submitted: The following questions shall be submitted to a vote of the registered, qualified electors of the City of Aspen, Colorado, at the aforesaid special municipal election: QUESTION NO. 1 Issuance of the City's sales tax revenue bonds. "Shall the City of Aspen issue its revenue bonds for the purpcse of acquiring buses and necessary bus maintenance and storage facilities in order to carry out and implement the intended pur- pose of a county-wide election held on May 3, 1983, such revenue bonds to be issued from time to time in an aggregate principal amount not to exceed $1,800,000, at a net effective interest rate not to exceed fourteen percent (14%) per annum, and to mature not later than twenty (20) years after their date of issue; and such revenue bonds to be payable from a pledge of the City's sales tax previously authorized and as now in existence and other legally available funds of the City?" QUESTION NO. 2 Approval of Ordinance No. 48 (Series of 1983) so as to increase the Real Estate Transfer Tax to the rate of one percent (1%) and codify said Real Estate Transfer Tax provisions. "Shall the electors of the City of Aspen approve and ratify the adoption of Ordinance No. 48 (Series of 1983) entitled 'An ordin- ance amending Ordinance No. 20 (Series of 1979) regarding the imposition of a Real Estate Transfer Tax upon the transfer of interests in real property, payable by the grantee, so as to increase the amount of Real Estate Transfer Tax from the rate of one-half of one percent (1/2 of 1%) of the consideration paid in return for the transfer of ownership or title to the rate of one percent (1%) , to delete the last sentence of Section 8(a) of Ordinance No. 20 (Series of 1979) which provides that the City Council cannot appropriate Real Estate Transfer Tax funds in excess of $100,000 in any single year for the purpose of support- ing the visual and performing arts without obtaining the approval of sixty percent (60%) of the electors voting at a regular or special election, and to codify the aforesaid ordinance, including the imposition of penalties for the violation thereof, as amended hereby, as Article VI, Chapter 21 of the Municipal Code of the City of Aspen; and providing that this ordinance shall take effect on January 1, 1984, only upon approval of the same by the electorate prior to said effective date?'" A "yes" vote shall register the voter's approval and ratification of the increase in the Real Estate Transfer Tax from the rate of one-half of one percent (1/2 of 1%) to the rate of one percent (1%). Copies of Ordinance No. 48 (Series of 1983) and Ordinance No. 20 (Series of 1979) are available for inspection in the office of the City Clerk and at the polling place. 2 RECORD OF PROCEEDINGS 100 Leaves Section 3 There shall be one municipal election precinct for this election, the boundary thereof to be the same as the boundary of the City. The polling place shall be at the Upper Elementary School Gym , 110 East Hallam, Aspen, Colorado. Section 4 The aforesaid special municipal election shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 5 The provisions for registration of electors and for voting by absentee ballot on the questions hereinabove set forth shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said election shall be registered on electronic voting machines at each of the polling places. Subject to the reservation that Council may submit such further questions as it deems appropriate, the ballot label with respect to the questions shall read as follows: "FOR" "AGAINST" QUESTION NO. 1 Issuance of the City's sales tax revenue bonds. "Shall the City of Aspen issue its revenue bonds for the purpose of acquiring buses and necessary bus maintenance and storage facilities in order to carry out and implement the intended pur- pose of a county-wide election held on May 3, 1983, such revenue bonds to be issued from time to time in an aggregate principal amount not to exceed $1,800,000, at a net effective interest rate not to exceed fourteen percent (14%) per annum, and to mature not later than twenty (20) years after their date of issue; and such revenue bonds to be payable from a pledge of the City's sales tax previously authorized and as now in existence and other legally available funds of the City?" QUESTION NO. 2 Approval of Ordinance No. 48 (Series of 1983) so as to increase the Real Estate Transfer Tax to the rate of one percent (1%) and codify said Real Estate Transfer Tax provisions. 3 RECORD OF PROCEEDINGS 10(I Leaves "Shall the electors of the City of Aspen approve and ratify the adoption of Ordinance No. 48 (Series of 1983) entitled 'An ordin- ance amending Ordinance No. 20 (Series of 1979) regarding the imposition of a Real Estate Transfer Tax upon the transfer of interests in real property, payable by the grantee, so as to increase the amount of Real Estate Transfer Tax from the rats of one-half of one percent (1/2 of 1%) of the consideration paid in return for the transfer of ownership or title to the rate of one percent (1%), to delete the last sentence of Section 8(a) of Ordinance No. 20 (Series of 1979) which provides that the City Council cannot appropriate Reat Estate Transfer Tax funds in excess of $100,000 in any single year for the purpose of support- ing the visual and performing arts without obtaining the approval of sixty percent (60%) of the electors voting at a regular or special election, and to codify the aforesaid ordinance, including the imposition of penalties for the violation thereof, as amended hereby, as Article VI, Chapter 21 of the Municipal Code of the City of Aspen; and providing that this ordinance shall take effect on January 1, 1984, only upon approval of the same by the elector- ate prior to said effective date?'" A "yes" vote shall register the voter's approval and ratification of the increase in the Real Estate Transfer Tax from the rate of one-half of one percent (1/2 of 1%) to the rate of one percent (1%). Copies of Ordinance No. 48 (Series of 1983) and Ordinance No. 20 (Series of 1979) are available for inspection in the office of the City Clerk and at the polling place. Section 7 The election shall be held and conducted, and the votes cast on the questions 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 result of votes cast at a general election of municipal officers in the City of Aspen. Section 8 Notice of the election on the proposed ballot questions as aforesaid shall be published in the ~.~pen Times, a newspaper pub- lished and of general circulation in the City of Aspen in the edition of said newspaper dated September 29, 1983, and a cop), of such notice shall be posted at the aforesaid 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: 4 RECORD OF PROCEEDINGS 10(I Leaves "PUBLIC NOTICE OF THE SUBMISSION OF QUESTIONS '1~ THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 15, 1983 PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to an ordinance of the City Council of the City of Aspen, Colorado, at a special municipal election to be held in the City on Tuesday, November 15, 1983, between the hours of 7:00 a.m. and 7:00 p.m., there will be submitted the proposed questions as follows: QUESTION NO. 1 Issuance of the City's sales tax revenue bonds. "Shall the City of Aspen issue its revenue bonds for the purpose of acquiring buses and necessary bus maintenance and storage facilities in order to carry out and implement the intended pur- pose of a county-wide election held on May 3, 1983, such revenue bonds to be issued from time to time in an aggregate principal amount not to exceed $1,800,000, at a net effective interest rate not to exceed fourteen percent (14%) per annum, and to mature not later than twenty (20) years after their date of issue; and such revenue bonds to be payable from a pledge of the City's sales tax previously authorized and as now in existence and other legally available funds of the City?" QUESTION NO. 2 Approval of Ordinance No. ~8 (Series of 1983) so as to increase the Real Estate Transfer Tax to the rate of one percent (1%) and codify said Real Estate Transfer Tax provisions. "Shall the electors of the City of Aspen approve and ratify the adoption of Ordinance No. 48 (Series of 1983) entitled 'An ordin- ance amending Ordinance No. 20 (Series of 1979) regarding the imposition of a Real Estate Transfer Tax upon the transfer of interests in real property, payable by the grantee, so as to increase the amount of Real Estate Transfer Tax from the rate of one-half of one percent (1/2 of 1%) of the consideration paid in return for the transfer of ownership or title to the rate of one percent (1%), to delete the last sentence of Section 8(a) of Ordinance No. 20 (Series of 1979) which provides that the City Council cannot appropriate Real Estate Transfer Tax funds in excess of $100,000 in any single year for the purpose of support- ing the visual and performing arts without obtaining the approval of sixty percent (60%) of the electors voting at a regular or special election, and to codity the aforesaid ordinance, including the imposition of penalties for the violation thereof, as amended hereby, as Article VI, Chapter 21 of the Municipal Code of the City of Aspen; and providing that this ordinance shall take effect on January 1, 1984, only upon approval of the same by the elector- ate prior to said effective date?'" A "yes" vote shall register the voter's approval and ratification of the increase in the Real Estate Transfer Tax from the rate of one-half of one percent (1/2 of 1%) to the rate of one percent (1%). Copies of Ordinance No. 48 (Series of 1983) and Ordinance No. 20 (Series of 1979) are available for inspection in the office of the City Clerk and at the polling place. 5 RECORD OF PROCEEDINGS 100 Leaves There shall be one municipal election precinct for this election. The polling place shall be at the Upper Elementary School Gym, 110 East Hallam, Aspen, Colorado, between the hours of 7:00 a.m. and 7:00 p.m. Those electors who are otherwise fully qualified to vote on the above question and such other questions as Council may deem appropriate, 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 City Clerk, at City Hall, 130 South Galena Street, Aspen, Colorado, for an absentee ballot, at any time during business hours on or before the day of November, 1983. The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared as nearly may be in the manner prescribed by law for the general election of municipal officers. IN WITNESS WHEREOF, the City Council has caused this notice to be given as of this day of , 1983. Kathryn S. Koch, City Clerk Published In: Aspen Times Published On: , 1983. Dated: , 1983. Section 9 All resolutions, bylaws and regulations of the City in conflict with this ordinance are hereby repealed to the extent of such conflict, and all action heretofore taken by the Council and its officers not inconsistent with the provisions of this ordinance toward the special municipal election herein authorized be and the same is hereby ratified, approved and confirmed. Section 10 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. 6 RECORD OF PROCEEDINGS 10CLeaves Section 11 A public hearing on the ordinance shall be held on the ~ day of ~~ , 1983, 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 on the cu~ day of William L. Stirling, ATTEST: FINALLY adopted, passed and approved this //''--day of William L. Stirling, May ~ ATTEST:: City Clerk 7 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss CERTIFICATE COUNTY OF PITKIN ) 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 on ~~ reading at a regular meeting of the City Council of the City of Aspen on ~~ , 19 ~, and published in the ~spen Times a weekly newspaper of general circulation 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 by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado this //~- day of . / Kathryn S/koch; City Clerk SEAL Deputy City Clerk