HomeMy WebLinkAboutordinance.council.074-75RECORD OF PROCEEDINGS
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ORDINANCE NO. 74
(Series of 1975)
AN ORDINANCE EXEMPTING THE POPCORN WAGON FROM THE FIRE RESISTIVE
CONSTRUCTION REQUIREMENTS AND TOILET FACILITIES REQUIREMENTS OF
THE UNIFORM BUILDING CODE; PROVIDED THAT TOILET FACILITIES ARE
AVAILABLE; THAT ACCESSORY BUILDINGS COMPLY WITH THE CODE; THAT
ALL OTHER HEALTH, ZONING, BUILDING AND FIRE CODES ARE COMPLIED
WITH; THAT HISTORIC DESIGNATION OF THE STRUCTURE IS APPLIED FOR;
AND THAT THE OWNER AND OPERATOR INDEMNIFY AND HOLD THE CITY
HARMLESS FROM ANY LIABILITY BY REASON OF THE EXEMPTION GIVEN
WHEREAS, the Aspen City Council is of the opinion that
the Popcorn Wagon presently owned and operated by Unison Inc.
has inherent antique value which enhances the City's commercial
core historic district; is an adjunct to the Aspen malls and
adds to the pedestrian mall experience; and is a feature of the
town readily identified with the City by its winter and summer
tourists, and
WHEREAS, the Popcorn Wagon, because of its age and
unique construction, cannot comply with some contemporary build-
ing code provisions, more specifically fire prevention and
sanitary facilities requirements, and
WHEREAS, the City Council wishes to exempt compliance
with these requirements provided certain conditions exist and
as long as the Popcorn Wagon is located in an area and in a way
so as to continue to add to the enjoyment of the downtown area,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
?hat the fire resistive construction requirements of
the Uniform Building Code, 1973 Edition, adopted by the City
by Ordinance No. 9, Series of 1974, shall not be applied to the
Popcorn Wagon owned and operated by Unison Inc., Serial Number
18931894 as long as the conditions and limitations herein
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specified shall continue or be satisfied.
Section 2
That said Popcorn Wagon need not incorporate the toilet
facilities required by said Uniform Building Code provided that
the owner and operator demonstrate compliance with these require-
ments by construction of the same in an accessory building, it-
self complying with all requirements of the Uniform Building
Code, or by showing to the satisfaction of the Building Inspector
that access to such facilities owned by others is guaranteed by
others.
Section 3
Nothing herein shall exempt buildings accessory to
the Wagon from complete compliance with relevant building code
provisions; and as a condition of this grant of exemption the
Popcorn Wagon shall, except as specifically enumerated in
Sections 1 and 2 of this ordinance, comply with all health,
building, zoning, fire and other ordinances of the City of
Aspen or State of Colorado.
Section 4
As a further condition for this grant, the owner of
the Popcorn Wagon shall apply for and consent to the designation
of the Wagon as an historic structure pursuant to Article IX of
Chapter 24 of the Aspen Municipal Code.
Section 5
~othing herein shall be construed to permit occupation
by the Wagon of public rights-of-way without procuring appropriate
City Council permission, mall leases, vendor's contracts or such
other authority as is required by local law.
Section 6
All precautions shall be taken to make the Wagon as safe
as possible, and the owner and operator of the Wagon shall, in
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writing and as a condition of this grant, agree to indemnify
and hold the City harmless from any and all claims or liability
by reason of death, injury or property damage suffered by any
person as a result of the exemption granted. Further, owner and
operator must agree that if the City Council shall ever so require,
she will obtain comprehensive public liability insurance covering
property loss, bodily injury or death, in the amount of at least
Five Hundred Thousand ~500,000.00) Dollars and designate the City
as a co-insured under any such policy.
Section 7
It is understood that this exemption may be revoked
whenever the City Council shall determine that the conditions
under which it was granted no longer exist, or that the public
health, safety, welfare or convenience so require.
Section 8
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provisions or applications, and to this end the provisions or
applications of this ordinance are declared to be severable.
Section 9
A public hearing on this ordinance shall be held on
the 27th day of October, 1975, at 5:00 p.m. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City o_3~A~en, at its regular
meeting held October 14, 1975. ///~/J
ATTEST. STA~ S~ANDLEY III, MA~
!CATHRYN ~. HAUTER, CITY CLERK (
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FINALLY ADOPTED AND APPROVED ON
1975.
ATTEST:
KATHRYN S/~ HAUTER, CITY CLERK
STATE OF COLORAD0~ )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~
reading at a regular meeting of the City Council of the
City of Aspen on ~~ ~___, 197~--, and publish-
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the.City of Aspen, Colorado, in its
issue of ~~ /~ , 197 ~, and was finally adopted
and approved at a regular meeting of the City Council on
~~ ~.~ , 197 ~ and ordered p~l~Shed as
Ordinance No. ~ , Series of 197~5~, of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
,the seal of said City of Aspen, Colorado, this ~~-~/
day of ~~-~/ , 197 ~
Kathryn S.~ Hauter, City Clerk