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HomeMy WebLinkAboutresolution.council.032-86 RESOLUTION NO. -~"~ (Series of 1986) A RESOLUTION SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ASPEN, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 1986, QUESTIONS CONCERNING USE OF CITY-OWNED PROPERTY FOR RAILROAD PURPOSES WHEREAS, pursuant to Section 5.7 of the City Charter the City Council desires to submit to the registered voters of the City a question concerning the use of City-owned property for railroad purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That at the special election to be held in the City of Aspen, Colorado, on Tuesday, November 4, 1986, there shall be submitted to a vote of the registered electors of the City the following question: Rail road Right-of-Way "Shall the City Council of Aspen, Colorado, be authorized to grant rights-of-way over the Rio Grande Right-of-way which may be acquired from Pitkin County, and over the Shapery Property and the Rio Grande Property, necessary to construct and operate a train, railroad terminal and related railroad facilities, subject to the following: 1) the satisfactory relocation of the Rio Grande pedestrian trail; 2) the railroad use and improvements compliance with all applicable requirements of the Aspen Municipal Code; 3) the right-of-way automatically reverting to the City in the event construction of the railroad is not commenced on or before January 1, 1992, or if it is abandoned for rail transportation use; and 4) the right-of-way being granted upon such additional terms and conditions as the City Council may impose as being in the best interest of the City." The City shall constitute one voting precinct. The election on the proposed question will be held at one polling place, the Lower Elementary School, 215 North Garmisch, Aspen, Colorado, between the hours of 7:00 a.m. and 7:00 p.m. on November 4, 1986. The aforesaid special 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. The provisions for the registration of electors and for voting by absentee ballot on the questions shall be in accordance with the Colorado Municipal Election Law. Section 5 The votes at said election shall be registered on electronic voting machines at the polling place. The ballot label shall read as follows: Rail road Right-of-Way "Shall the City Council of Aspen, Colorado, be authorized to grant rights-of-way over the Rio Grande Right-of-way which may be acquired from Pitkin County, and over the Shapery Property and the Rio Grande Property, necessary to construct and operate a train, railroad terminal and related railroad facilities, subject to the following: 1) the satisfactory relocation of the Rio Grande pedestrian trail; 2) the railroad use and improvements compliance with all applicable requirements of the Aspen Municipal Code; 3) the right-of-way automatically reverting to the City in the event construction of the railroad is not commenced on or before January 1, 1992, or if it is abandoned for rail transportation use; and 4) the right-of-way being granted upon such additional terms and conditions as the City Council may impose as being in the best interest of the City." 2 On each voting machine there shall be spaces which will permit the elector to indicate his or her vote "FOR THE QUESTION" or "AGAINST THE QUESTION". Section 6 The election on the question shall be held and conducted, and the votes cast shall be returned, canvassed and declared as nearly as may be in the manner prescribed by law for the general election of municipal officers in the City of Aspen. Notice of the election on the proposed question shall be published in the Aspen Times, a newspaper published and of general circulation in said City, and the edition of said newspaper dated ~ /~ .... , 1986, and a copy of such Notice shall be posted in the office of the City Clerk at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving Notice of the election, the question to be submitted, as hereinabove provided, which notice shall be in substantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF A PROPOSED QUESTION TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT THE SPECIAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 1986 PUBLIC NOTICE IS HEREBY GIVEN THAT, pursuant to a resolution of the City Council of the City of Aspen, Colorado, a special election will be held in the City on Tuesday, November 4, 1986 between the hours of 7 a.m. and 7 p.m., and there will be submitted proposed question to the registered electors of the City as follows: Rail road Right-of-Way "Shall the City Council of Aspen, Colorado, be authorized to grant rights-of-way over the Rio Grande Right-of-way which may be acquired from Pitkin County, and over the Shapery Property and the Rio Grande Property, necessary to construct and operate a train, railroad terminal and related railroad facilities, subject to the following: 1) the satisfactory relocation of the Rio Grande pedestrian trail; 2) the railroad use and improvements compliance with all applicable requirements of the Aspen Municipal Code; 3) the right-of-way automatically reverting to the City in the event construction of the railroad is not commenced on or before January 1, 1992, or if it is abandoned for rail transportation use; and 4) the right-of-way being granted upon such additional terms and conditions as the City Council may impose as being in the best interest of the City." The City shall constitute one voting precinct. The polling place shall be the Lower Elementary School, 215 North Garmisch, Aspen, Colorado. Those electors who are otherwise fully qualified to vote on said question at such election, 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 the Aspen City Hall, for an absentee ballot, or at any time during business hours, on or before the 31st day of October 1986. 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 as may be in the manner prescribed by law for the general election of municipal officers. IN WITNESS WHEREOF, the City has Counc/l_~ ,c.a_u~ed this notice to be given as of this ~ - day of ~- , 1986. athrYn ~ Koch, City Clerk Published in: AsPen Time~_ Published on: --~--.~~-~i _/~ ........ , 1986. William L. Stirling, Mayor 4 I, Kathryn S. Koch, 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 ' - ~~W~-~--~ Kathryn S~och, City Clerk 5