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HomeMy WebLinkAboutresolution.council.043B-96 --- e e ~ ~. RESOLUTION NO. 4?> t) (Series of 1996) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CALLING FOR AND ESTABLlSIDNG A DATE FOR A SPECIAL ELECTI\)N, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN QUESTION AT THE SPECIAL ELECTION, SETTING SUCH BALLOT TITLE AND QUESTION, AND SETTING FORTH THE LOCATION OF POLLING PLACES. WHEREAS, the City Council adopted Ordinance No. 18, Series of 1996, to regulate sexually oriented businesses in the City of Aspen; and . WHEREAS, on June 19, 1996, an affidavit was filed with the City Clerk by five electors of the City of Aspen constituting themselves as a petitioners' committee plirsuant to Article V of the City Charter; and WHEREAS, on June 27, 1997, said petitioners' committee filed a petition with the' City Clerk seeking to have Ordinance No. 18, Series of 1996, reconsidered by the City Council, and failing to have the ordinance repealed, to have the Ordinance referred to the electorate; and " WHEREAS, the City Clerk on July 23, 1996, in accordance with her duties as set forth in the City Charter, issued a certificate of sufficiency certifying that the petitioners' committee had obtained the requisite number of valid signatures from electors on the petition; and WHEREAS, the City Council after due deliberation and reconsideration of Ordinancl:l No. 18, Series of 1996, has determined not to repeal Ordinance No. 18, Series of 1996, in that the adoption of the ordinance would avoid or minimize the secondary effects caused by the opera~on of sexually oriented businesses in the City of Aspen and thereby protects the health, safety and welfare of the citizens and guests of the City of Aspen; and WHEREAS, Section 5.6 of the City Charter requires that the City Council reconsider the referred ordinance by voting its repeal; and WHEREAS, the City Council has taken a vote on a motion to repeal Ordinance No. 18, Series of 1996, and said vote failed to pass by a three-fourth majority of the entire council as required by Section 5.6 of the City Charter; and WHEREAS, Section 5.6(b) of the City Charter requires that a vote on a referred or4inance be held not less than thirty (30) days and not later than ninety (90) days from the date of the final council vote thereon; and ' WHEREAS, the City Council desires to call and establish the date for a special election so as to allow the electorate the opportunity to vote upon the referred ordinance. --- e e e' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY !OF ASPEN, COLORADO, THAT: Section 1. A special election shall be and is hereby called and established for Tuesday, November 5, 1996, for the purpose of submitting to the electorate a ballot question regarding the repeal of Ordinance No. 18, Series of 1996, as petitioned for by no less that ten (10) percent of the ,total number of electors registered to vote at the last general municipal election. Section 2. The following question shall be placed on the ballot at the special election: QUESTION NO.1 _ Repealing Chapter 12.24 of Title 14 of the Municipal Code of the City of Aspen regulating sexually oriented businesses: Shall Chapter 14.24 of Title 14 of the Municipal Code of the City of Aspen, Colorado, as adopted by City Council on May 28, 1996, be repealed? Section 3. The City Clerk shall give written or printed notice of the special election called forth perein at least ten days prior to said election and the hours during which the polls will be open, designating the polling place or places, stating the qualifications of persons to vote in the election a)1d the question to be voted upon. A copy of such notice shall be published in at least one ne~spaper having general circulation within the City of Aspen. If the Clerk finds it impractical to ~e the publication on the tenth day before the election, she shall make the same on the earliest possible day before the tenth day. Publication in a weekly newspaper shall be in the next to last issue, thereof before the day of the election. A copy of such notice shall also be posted until after the election. A 2 _ copy of such notice shall also be posted until after the election in a conspicuous place in the office of the City Clerk. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 02~ day of ~/ , 1996. b Bel!;;:::a~:' 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 A.spen, Colorado, at a meeting held on the day hereinabove stated. e ~,~~ eleC"r.p.~_, e 3