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election petition.20050113 w WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote in the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND OF ASPEN AND REGISTERED TO VOTE IN THE CITY OF ASPEN. Do not sign this petition unless you have read or had read to you the proposed initiative or referred measure or the summary in its entirety and understand its meaning. Summary of the Proposed Initiative: The City shall not spend funds for roads, utilities or other construction improvements for a major affordable housing project, nor grant annexations or final land use approvals for such a project, until designs are finalized and the projected onsite and offsite costs have been calculated and disclosed to and approved by the electors, and providing that affordable housing projects with 10 units or less and a direct public funds subsidy of$100,000.00 per unit or less are exempt from such limitations. Full Text of the Proposed Initiative: ORDINANCE NO. SERIES OF 2004 AN ORDINANCE OF THE CITY OF ASPEN INITIATED BY THE REGISTERED ELECTORS WHICH PROHIBITS THE CITY FROM SPENDING FUNDS TO INSTALL ROADS, UTILITIES OR OTHER CAPITAL IMPROVEMENTS FOR ANY MAJOR AFFORDABLE HOUSING PROJECT AND PROHIBITS GRANTING AN ANNEXATION OR FINAL LAND USE APPROVAL FOR ANY SUCH PROJECT UNTIL THE DESIGN AND THE ONSITE AND OFFSITE COSTS OF SUCH PROJECT HAVE BEEN CALCULATED AND DISCLOSED TO AND APPROVED BY THE ELECTORS. Whereas, the City of Aspen has an affordable housing program to provide dwelling units restricted to the housing size, type, income and occupancy guidelines or approval of the city council or its housing designee, and Whereas, the cost to the City of Aspen and its taxpayers of this program can be enormous, and the commitment of city resources can be significant, and Whereas, these costs of major affordable housing projects should be disclosed to and approved by the electors prior to being committed or incurred by the City, NOW THEREFORE, BE IT ORDAINED BY THE ELECTORS OF THE CITY OF ASPEN, COLORADO, THAT: The Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new Part 800 within Title 26 entitled "Affordable Housing", to read as follows: Section 1. Definitions Page 1 For the purposes of this ordinance, certain words and phrases shall be defined as herein provided. Major Affordable Housing Development means any construction, reconstruction, remodeling, or alteration of land or structures that is required, supported, subsidized, or funded by the City of Aspen to create or in furtherance of the creation of dwelling units restricted to the housing size, type, income and occupancy guidelines or approval of the city council and its housing designee, provided however, this definition shall not include an affordable housing development for which an independent qualified certified public accountant retained by the City certifies that all potential phases of such development, including affordable housing developments on adjacent land or lands located within 500 feet of such development, will not exceed a total of ten dwelling units or a total of $100,000.00 per unit in direct on-site public fund subsidies for such development. Infrastructure costs means the costs to design and construct roads, utility lines or facilities, rights of way, drainage improvements, storm sewers, trails, grading, earthmoving, easements, sidewalks, curbs, street gutters, canals, or ditches. Section 2. Elector approval The City of Aspen shall not contract for, obligate or expend any public funds from any source for infrastructure costs for a Major Affordable Housing Development, nor shall the city grant any final annexation or final land use approvals for any component of such development, unless and until: (A) final architectural and engineering designs and budgets are completed, and (B) final budgets and projections of all direct and indirect public costs, subsidies, and public fiscal impacts of the Major Affordable Housing Development have been calculated by an independent qualified certified public accountant retained by the City, including but not limited to public costs of meeting any increased offsite public service or public infrastructure demands and the public costs of any subsidies for the development or waivers of Municipal Code requirements for any components of the development, and (C) all costs, calculations and impact assessments identified in paragraph(B) above have been fully disclosed to the electorate by mailing to the address of each registered elector at least twenty days prior to an election at which approval of proceeding with such development will be sought, a list of such costs, calculations and impact assessments, and (D) such ballot question, which shall include a list of the costs, calculations and impact assessments identified at paragraph (B) above, has been approved by the majority of electors voting on such ballot question at a subsequent regular or special election. Section 3. Severability If any section, subsection, sentence, clause phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining Page 2 portions thereof. Section 4.Approval by Electors Upon approval of a majority of the electors voting on this initiative ordinance, it shall be considered adopted on certification of the election results. (End of Initiative) The name and mailing address of the two persons who shall represent the proponents of this petition and to whom all notices or information concerning this petition shall be mailed are: Bill Stirling, 434 West Smuggler, Aspen, Co 81611, and Joe Edwards, 502 Main St., Ste 201, Carbondale, Co 81623. Page 3 WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote in the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND OF ASPEN AND REGISTERED TO VOTE IN-THE CITY OF ASPEN. Do not sign this petition unless you have read or had read to you the proposed initiative or referred measure or the summary in its entirety and understand its meaning. Summary of the Proposed Initiative: The City shall not spend funds for roads, utilities or other construction improvements for a major affordable housing project, nor grant annexations or final land use approvals for such a project, until designs are finalized and the projected onsite and offsite costs have been calculated and disclosed to and approved by the electors, and providing that affordable housing projects with 10 units or less and a direct public funds subsidy of$100,000.00 per unit or less are exempt from such limitations. YOU MUST SIGN THIS IN INK Signature of registered Printed name of Street number, street name, city Date elector elector registered elector and county where elector resides signs this petition r V1 b d 7 Q 5 +6. �� t J 8._ S V/10 V11 x'12 ►� I �z�ro ` Z 2-Z• Wo ct� L •/r�•�25 or ]aCL I� , �� 14r Page 4 WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote in the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND OF ASPEN AND REGISTERED TO VOTE IN THE CITY OF ASPEN. Do not sign this petition unless you have read or had read to you the proposed initiative or referred measure or the summary in its entirety and understand its meaning. - - - - - - - - - Summary of the Proposed Initiative: The City shall not spend funds for roads, utilities or other construction improvements for a major affordable housing project, nor grant annexations or final land use approvals for such a project, until designs are finalized and the projected onsite and offsite costs have been calculated and disclosed to and approved by the electors, and providing that affordable housing projects with 10 units or less and a direct public funds subsidy of $100,000.00 per unit or less are exempt from such limitations. YOU MUST SIGN THIS IN INK Signature of registered Printed name of Street number, street name, city Date elector elector registered elector and county where elector resides signs this petition Ncrse L 6)7 I VZZ 19. 20. 21. 22. 23. Page 5 STATE OF COLORADO ss. COUNTY OF PITKIN AFFIDAVIT OF CIRCULATOR The Affiant, first being duly sworn, states: A. Affiant's printed name is: AffiaUt's residence is: n A Street Nam6jand Number City or own County t Affiant signed this Affidavit 01<1 2005 B. Affiant has read and understands the laws governing the circulation of this Petition. C. Affiant was eighteen years of age or older at the time this section of the Petition was circulated and signed by the listed electors. D. Affiant circulated this section of the Petition. E. Each signature thereon was affixed in the Affiant's presence. F. Each signature thereon is the signature of the person whose name it purports to be. G. That, to the best of the Affiant's knowledge and belief, each of the persons signing the Petition section was, at the time of signing, a registered elector. H. Affiant has not paid or will not in the future pay and Affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of i ducing or causing signer to affix the signer's signature on the Petition. A ant(Circulator) Subscribed and sworn to before me this�_day of_3A VLJPAV 2005 by 3�S'r�NE'A. K Ink . WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: S-15.2a;- aA40, L, r. Notary Public CUTHBERT L. MYRIN JR, NOTARY PUBLIC STATE OF COLORADO My Commission r rr, �Z-19-200:X