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Home My WebLink About2001 Ordinance No. 035• • • ORDINAN CE O.~ SERIES OF 2001 BY AUTHORITY COUNCIL BIJL NO . 38 INTRODUCED BY COUNCIL MEMBER GARRETJ' AN ORDI ANCE SUBMI 'rrTNG TO A VOTE OF THE GISTERED EU:C'l'O RS OF THE CITY OF ENGLEWO OD AT THE NEXT SCHEDULED MUNJCIPAL ELECTION A BALLOT ISSUE AUTHO RIZ I G THE ISSUAJ ·cE OF GENERAL OBLIGATION BONDS AND THE LEVY OF PROPERTY TAXES TO PAY SUCH BO DS ; SETJ'1 G THE TITLE A.'ID CO :TENT OF THE BALLOT FOR THE ELEC"1 0. ; AND PROVIDING OTHER MA TJ'ERS RELATING THERETO . WHEREAS, pursuant to Secbon 104 of the City Charter, the City Co un cil of t he Ci ty of Englewood has the power to issue gene,-al obligat:on bond.e of the City for any public capital purpose up on the affirmative vote of a majority of the registered electors of the City voting the on ; and WHEREAS, the Englewood City Council h ad determined to submit a ballot issue at an electfon of the City, to be held as a coordinated election on ove mber 6, 200 1, and to set the title and content of the ballot for the ballot issue to be submitted at the election; OW, THEREFORE , B E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EN GLEW OO D, CO LORADO , THA T: Sectjon l There is hereby s u bmitted to the r egistere d electors of th e City of Englewood at the next sch eduled muni cipal election on ovember 6, 2001 a ballot issue authorizing the isauance of general obligation bo nds for the purpose of expanding and improving the Malley Senior Ce11ter , expanding and improving the Englewood Recreation Center and constructing the Be Uevie w Park Family Aquatic Center, and authorizing t he levy of proper ty ta.-.;es to pay such bonds, whi ch question s hall be in s ubs tantially the foUowing form : Question No Shall the City of Englewood d~bt be increased up to Sl2,800,000 , with a maximum repayment cost of up to S25 , 700,000, and shall City taxes be 1.I1creased up to $1,300,000, aMually for the purpose of: • Expandin g and improving the Malley Senior Center, • Expanding and improving the Englewood Recreation Center, • Con~tructing the Bellevie w Park Family Aq ua tic Center, And to the extent moneys are available acquiring, equipp ing a nd constructing recreation impro,•eme nts within the City, by the isauance and paym ent of gene ral obliganon bonds, whic h shall ma tu , be subject to redemp tion, with or without premium , a nd be is ued , dated and sold at such tim e or times, at such prices (at, bo,·e or below par) and 1B uch manner an containing such terms, not mcon s istent h ere\\ith , as ahe City Council may determine ; shall ad valorem property ta.~es be levied in any year. without limitation as to rate or amount or -1- 10 b ii any other condition , to pay the principal of, prem1um , if any , end in terest on auch bonds ; and shall the earnings on the inves tment of the revenues from such taxes and of the proceeds of .iuch bonds {regard.l ea of amount) constitute e voter• approved revenue change? ___ Ye s 0 ~-Each elector voting flt said ele ctior, :·.nd desirous of voting shall indicate his/h er choice by depressing the appropriate counter oft.h e voting machine or by the a ppro priate marking upon paper ballots where used . Sectj,pn 3 The prope r officials of the City of Englewood s hall gi ve notice of s aid ne xt sched uled municipal election, such notice shall be publi shed in the manner end for the length of time required by law , and the ballots cast a t such election shall be canvassed and t he result ascertained, determined, and certified as required by law . The City Clerk and other City officials and employees are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. ~-If a majority of the votes cast on he ballot issue submitted at the el shall be in favor of such question, the City acting through the City Coun.cil shall be authorized to proceed with the necessary action to i.s11ue bonds and levy taxes in acco r dance with such question. Any authority to issue bonds or to levy taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to issue the bonds and levy the tnxes so authorized at any one time, ore from time to time, and neither the partial exercise of the authority so ronfel'l'ed, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Sectjon 5 For purposes of Section 1-ll-203.5, C.R.S ., this Ordinance shall serve to set the title and co ntent of the ballot issue set fort.h herein and the ballot title fo r s uch question shall be the text of the question itself. Any petition to contest the fo or content of the ballot title may be filed with the District Court and a copy se rved on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. ~-I£ any section, paragraph, clause , or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect a ny of the remaining portioru of this Ordi.nance . Introduce d, read in full , and passed on first reading on the 16th day of July , 2001. Publis hed as a Bill for an Ordina n ce on the 20th day of July, 2001. Read by titl e and passed on final re admg on the 6th day of Aug•1st , 2001. -2- ,.· • • • ---Publislled by title ae Ordinance No.~ Series of 2001, on the 10th day of August , 2001. I, Loucrishia A. Ellie, City Clerk of the City of Englewood, Color ado, hereby certify that the a bove and for egoin is a true COJ11 .S.the Ordinance pa on final reading and published by title aa Ordinance io..:CI, Series of 2 l. -3- COUNCIL COMMUNICATION Date Agenda Item Subject Proposed bill for an ordinance July 16, _001 10 a ii submitting to the registered electors a question to iss ue debt ior Parks and Recre,1t1on Projects Initiated By Staff Source Department oi Financial Services Frank Gryglewicz, Director COU CIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made Parks and Recreation opportunities a priority and has discussed this project at a number oi study sessions . RECOMMENDED ACTION Staff recommends Council approve the attached bill fo r an o rd inance submitting this question to a vote of the registered voters in the City of Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Eng lewood Charter requi res a majority affirmative v ote of the registered electors to issue general ob liga ti on debt (Article X, Part 111, Section 104). The passage of Amendment 1 (TABOR ) also requires the use of tig htly constructed languag2 in the b all ot questi on. City staff, Council, and the Parks and Recreation Board all agree tha t th is project woul d provide a benefit to the citizens of the City of Englewood. The prece des of the bond issue will be spent primarily o n an aquatics facility, and improvements ti) the Recreation and Malley Cen ters. Ge neral obligatlor, debt is the preferred method of funding this p roject because of the amount of money requ ired co uld not be saved in fund bala nce , and the public nature of the project. If this ballot iss ue is n o t successful , th e proje~t will not go for. ard. Fl ANCIAL IMPACT The es timated cos t of improvements and upgrades should not exceed 512 ,800,000 . If bondin11 is approved, debt ~e rvice will be made irom property taxes collected from residen tial and commercial property holders in the City of Englewood. The question that goes to the vo ters shows the maximum repa ment cost at $25,700,000 and the maximum tax increase at 51 ,300,000. These numbers are based on an in terest rate ot 7.5 percent, which is higher tha n curren t market, bu t is used so the re is no chance of underestimating the cost oi 1,,u,ng the e bonds. LIST OF ATTAC HMENTS Proposed bill for an ordinance