HomeMy WebLinkAboutordinance.council.008-78RECORD OF PROCEEDINGS
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ORDINANCE ~8
(Series of 1978)
AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION
OF $120,000 FROM UNEXPENDED PRIOR YEAR SURPLUS
FOR THE PURPOSE OF ~KING CERTAIN REFUNDS OF PARK
DEDICATION FEES
WHEREAS in 700 West Hopkins Avenue Apartments v. the City
of Aspen, the judgment of the Court required the City to refund
a park dedication fee collected pursuant to ~ 20-18 of the
Municipal Code to the plaintiffs; and
WHEREAS the City Council has determined that park dedication
fees should be refunded to persons who paid under circumstances
similar to those in 700 West Hopkins Avenue Apartments v. City of
Aspen; and
WHEREAS, it has been determined that the amount of such
refunds will be approximately $120,000.00; and
WHEREAS the City Manager has certified that there are avail-
able for appropriation $120,000.00 from unexpended prior year
revenues in the sixth penny sales tax fund,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That $120,000.00 of excess prior year revenues in the sixth
penny fund is hereby appropriated and such sum shall be utilized
to refund park dedication fees to persons who, in the opinion of
the City Attorney, paid such fees in similar circumstances to that
in 700 West Hopkins.
Section 2
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 provision or
RECORD OF PROCEEDINGS
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or application, and to this end the provisions of this ordinance
are declared to be severable.
Section 3
A public hearing on the ordinance shall be held on
~ , 1978, 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 of Aspen, Colorado, at its
regular meeting held at the City of Aspen on the ~' day of
, 1978.
Stacy,~tandley III /
Mayor~ ~ ~ ~
ATTEST:
auter
FINALLY adopted,
ATTEST:
passed and
, 1978
approved on the ~ day of
Kathryn~. Hau{er
City Clerk
RECORD OF PROCEEDINGS
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STATE OF COLORADO )
) 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 ~ ~g , 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 published as
Ordinance No. ~ , Series of 197 ~, 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 ~Hauter, City Clerk