HomeMy WebLinkAboutresolution.council.146-24RESOLUTION IN Us
(Series of2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SETTING THE TITLE OF A CHARTER AMENDMENT TO ASPEN HOME RULE
CHARTER SUBMITTED BY PETITIONERS.
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule
municipalities to amend their home rule charters through such procedures as may be enacted
by the state general assembly; and,
WHEREAS, the state legislature has enacted Section 31-2-210, C.R.S., which section
sets forth the procedures for amending a city's home rule charter; and,
WHEREAS, pursuant to C.R.S., Section 31-2-210(1)(a)(I), five registered electors of
the City of Aspen filed with the City Clerk a statement of intent to circulate a petition for the
amendment of the City of Aspen Home Rule Charter; and,
WHEREAS, pursuant to C.R.S., Section 31-2-210(1)(a)(III) five percent ofthe registered
electors of the City of Aspen registered on the date of filing the statement of intent signed the
petition proposing the amendment to the Charter and such signed petitions were timely submitted
to the City Clerk and the City Clerk has certified to the City Council the validity and sufficiency
of such petitions; and,
WHEREAS, pursuant to C.R.S., Section 31-2-210(3), following the certification by the
Clerk of the validity and sufficiency of the petitions, the Council shall set the ballot title for the
proposed amendment, which by definition includes the submission question.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, .THAT:
The ballot title and submission question shall read as follows.
CITY OF ASPEN REFERENDUM NO. 1
AN AMENDMENT OF SECTION 13.4 OF THE CITY CHARTER
REGARDING RESTRICTIONS ON THE SALE OR CHANGE IN USE OF PARKS
• �� •. ...._.
Shall Section 13.4, Article XIII of the Home Rule Charter of the City of Aspen be
amended to include the following additions (ALL CAPS) and deletions (stfiketlff.,)�
"Section 13.4. Restrictions on the sale or change in use of property.
Council shall not sell, exchange or dispose of public building, utilities or real property in
use for public purposes, including real property aequire USED for PARKS AND open
space purposes, without first obtaining the approval of a majority of the electors voting
thereon; PROVIDED, HOWEVER, THAT ANY SALE, EXCHANGE OR DISPOSITION
OF REAL PROPERTY USED FOR PARKS OR OPEN SPACE SHALL REQUIRE THE
APPROVAL OF AT LEAST SIXTY PERCENT (60%) OF THE ELECTORS VOTING
THEREON. Additionally, the city council shall not cause or permit the change in use of
the real property act USED for PARKS AND open space purposes, other than for
recreational, agricultural or underground easement purposes, without first obtaining the
approval of a majormity AT LEAST SIXTY PERCENT (60%) of the electors voting
thereon. No real property acquired for open space purposes shall be sold, exchanged,
disposed of, or converted to other uses other than for recreational, agricultural or
underground easement purposes, unless such open space is replaced with other open space
of equivalent or greater value as of the date of sale or conversion as determined by the
City Council by resolution following a public hearing taking into consideration monetary,
environmental, and aesthetic values. ANY VOTE OF ELECTORS REQUIRED BY THIS
SECTION 13.4 SHALL BE CONDUCTED ONLY AS A PART OF A STATEWIDE
GENERAL ELECTION HELD ON THE FIRST TUESDAY SUCCEEDING THE FIRST
MONDAY OF NOVEMBER IN EACH EVEN -NUMBERED YEAR OR AS PART OF
A GENERAL MUNICIPAL ELECTION HELD ON THE FIRST TUESDAY OF
MARCH IN EACH ODD -NUMBERED YEAR."
Yes [ ]
No [ ]
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
17th day of December 2024,
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Nicole Henning, City Clerk