HomeMy WebLinkAboutresolution.council.147-24RESOLUTION N0.141
(Series of2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SETTING THE TITLE OF A CHARTER AMENDMENT TO THE 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), seven 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 of the
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
The ballot title and submission question shall read as follows:
CITY OF ASPEN REFERENDUM NO. 2
AN AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ASPEN TO ADD
SECTION 13.15 WHICH ALLOWS THE COLORADO DEPARTMENT OF TRANSPORTATION'S
UTILIZATION OF PORTIONS OF THE MAROLT AND THOMAS PROPERTIES IDENTIFIED IN
THE 1998 ENTRANCE TO ASPEN RECORD OF DECISION (ROD) OR ANY FUTURE RECORD
OF DECISION (ROD).
Shall Article XIII of the Home Rule Charter be hereby amended to add Section 13.15
stated in its entirety as follows:
Section 13.15. Granting of use of portions of the Marolt and Thomas properties as
identified in the 1998 Entrance to Aspen Record of Decision for future State Hwy 82
realignment
The Colorado Department of Transportation is hereby granted use of designated portions
of the Marolt and Thomas properties, as identified in the 1998 Entrance to Aspen Record
of Decision for the purposes of realigning Colorado State Highway 82, enhancing mass
transit, reducing idling traffic and greenhouse gas emissions, and establishing a second
Wildfire Emergency Evacuation route out of Aspen.
The use of portions of the Marolt and Thomas properties for the Preferred Alternative
have been mitigated by the Colorado Department of Transportation's purchase and deed -
restriction as Open Space of the 39-acre Mills Ranch property.
Voter Approval of this measure permits the Colorado Department of Transportation
(COOT) to proceed with both planning and construction activities under the current
Record of Decision (ROD) or any future Environmental Impact Statement (EIS) that
designates a new Preferred Alternative (PA) and Record of Decision (ROD) under the
National Environment Policy Act (NEPA).
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, Criy Clerk