HomeMy WebLinkAboutresolution.council.052-91 RESOLUTION NO. ~--~ (Series of 1991)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN REQUESTING
THAT THE COM]fERCIAL CORE AND LODGING COMMISSION CONTIN-~E TO
MONITOR THE CONDITION OF NEWSRACKS PLACED IN THE PUBLIC RIGHT-OF-
WAY; AND REQUESTING THAT NEWSPAPER DISTRIBUTORS CORi~ECT SAFETY
PROBLEMS WITH NEWSRACKS IMMEDIATELY.
WHEREAS, the City Council of the City of Aspen did not
adopt, pass or approve Ordinance No. 24 (Series of 1991) relating
to the regulation of the placement and operation of newsracks in
the right-of-way; and
WHEREAS, the City Council finds, determines and declares
that newsracks placed in the public right-of-way may create
hazardous or dangerous conditions; and
WHEREAS, the City Council finds, deter~nines and declares
that it is proper for the Commercial Core and Lodging Commission
to continue monitoring the voluntary agreement entered into by it
and newspaper distributors serving the City of Aspen relative to
the placement and safe operation of newsracks; and
W~EREAS, the City Council finds, determines and declares
that it is necessary and proper to request that the Commercial
Core and Lodging Commission and all newspaper distributors that
serve the City of Aspen mutually cooperate to ensure that all
newsracks placed in the public right-of-way operate in a safe
manner; and
WHEP~EAS, there is a substantial governmental interest in
promoting the public health, safety and welfare by ensuring that
newsracks placed in the public right-of-way do not create hazard-
ous conditions.
NOW, THEREFOR]~, BE IT P~ESOLVED BY THE CITY COU/~CIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the Com~ercial Core and Lodging Commission continue to
monitor the voluntary agreement it has entered into with newspa-
per distributors relative to the placement, appearance and safe
operation of newsracks within the pubic right-of-way within the
city limits of the City of Aspen.
Section 2
That newspaper distributors serving the City of Aspen be
advised that the City Council of the City of Aspen desires to
have:
(a) all newsracks placed in the public right-of-way oper-
ating at all times in a safe manner;
(b) all newsracks placed in the public right-of-way bolted
or otherwise weighted down/, depending upon their de-
sign, before January 25, 1992, to prevent them from
tipping over;
(c) all distributors continue their cooperation with the
City's Com~nercial Core and Lodging Commission to ensure
that newsracks placed in the public right-of-way are
maintained in a neat and clean condition.
Section 3
That the Com~ercial Core and Lodging Commission inspect all
newsracks placed in the public right-of-way to determine if they
are safe on or about January 25, 1992, and report to City Council
in writing its findings on or before February 25, 1992.
RESOLVED, APPROVED A_ND ADOPTED this ~day of
/~ ~R~ , 1991, by the City Council for the City of
Aspen, Colorado.
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 ~-~Lt/ ~ , 1991.
Kathryn ~. Koch, City Clerk
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DATE: December 3, 1991
TO: Mayor and City Council
FROM: Jed Caswall, City Attorney
P~E: CCLC and Newsracks
You will recall that at your last Council meeting you instructed
the Commercial Core and Lodging Commission to follow-up on the
newsrack situation in the wake of Council's decision not to adopt
an ordinance regulating newsracks. In light of the past communi-
cation problems between the Council and CCLC on this issue, the
City Attorney's office has prepared the attached written resolu-
tion which incorporates and reflects your oral resolution adopted
at your last meeting for adoption on your consent agenda for
December 9, 1991. After formal passage, the resolution will be
forwarded to CCLC.
R~OU~$TED ACTION: Approve and adopt Resolution No. __ (Series
of 1992) which incorporates instructions to the CCLC regarding
newsracks.
EMC/mc
Attacb_ment
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