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HomeMy WebLinkAboutordinance.council.020-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~0 Series of 1973 ESTABLISHING A PEDESTRIAN MALL; ENACTING REGULATIONS PROHIBIT- ING VEHICULAR TRAFFIC ON SUCH PEDESTRIAN MALL; PROVI~NG FOR PAYMENT FOR SAID MALL; SETTING JUNE 16th AS THE DAY FOR CLOSING THE PUBLIC STREETS; AND DECLARING THAT AN EMERGENCY EXISTS. WHEREAS, during its 1970 session the Colorado General Assembly determined that the creation of pedestrian malls in order to separate pedestrian traffic from vehicular traffic in retail shopping areas would serve to promote the public health, safety and welfare and accordingly enacted the "Public Mall Act of 1970", Section 139-89-1, et seq., of the 1963 Colorado Revised Statutes, as amended, authorizing the establishment of such pedestrian malls by the legislative bodies of cities and towns, including home rule cities, pur- suant to the procedures set forth in the Act; and WHEREAS, the Aspen City Council in its Resolution of Intention, Resolution No. 6, Series of 1973, declared its intention to establish ~ pedestrian mall in the City of Aspen, Colorado, pursuant to the authority given in the "Public Mall Act of 1970~ and determined that the establishment of a pedes- trian mall in the Aspen commercial core area will ease vehicular traffic congestion, reduce air pollution in such area, pro- vide a more attractive and relaxed shopping atmosphere, aid the economic prosperity of Aspen by increasing the exposure of goods and services of local merchants, preserve the historic, cultural and natural aspects of the town's heritage and environ- ment, and generally create safer and more h~lthful, productive and aesthetically and culturally pleasing surroundings in the City of Aspen; and, RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the City Council did, in its Resolution No. 11, Series of 1973, resolve in the creation of the pedestrian mall that all costs and expenses of establishing, maintaining, ad- ministering, repairing, and policing the pedestrian mall; that all costs of present and future improvements to the mall; that all costs of damages and compensation awarded or allowed for losses sustained by property owners because of the establishment of the mall, shall be paid by the City of Aspen and no assess- ments shall be levied against the owners of land abutting the proposed pedestrian mall; and WHEREAS, the Resolution of Intention was published, posted, recorded, and mailed and a public hearing was had on June 4, 1973, all as required by the provisions of the "Public Mall Act of 1970", and WHEREAS, the City Council wishes to finally establish a pedestrian mall as described in its Resolution of Intention, and provide for its creation, maintenance and financing, defining the limits of the amll area and the regulation of vehicular traffic on such pedestrian mall, and determining the date of closing said mall; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. The Aspen City Council hereby establishes a pedestrian mall in the City of Aspen, Colorado, pursuant to the authority and procedures contained in the Public Mall Act of 1970, Section 139-89-1, et seq. of the Colorado Revised Statutes 1963, as amended. The following is a general description of those por- tions of the public streets within the City of Aspen which RECORD OF PROCEEDINGS 100 Leaves are to be established as a pedestrian mall: (a) That section of Hyman Avenue from Mill Street to Galena Street; (b) That section of Cooper Avenue from Mill Street to Galena Street; (c) That section of Mill Street from Hyman Avenue to the northerly right-of-way line (as extended) of the alley in Block 90; (d) That section of Galena Street from Cooper Avenue to the northerly right-of-way line (as extended) of the alley in Block 90. In addition, portions of the following-described street and/or alley intersections will be ~stablished as "mall intersections" and constitute part of the pedestrian mall, to wit: (e) A portion of the intersection of Hyman Avenue and Mill Street; (f) A portion of the intersection of Mill Street and the alley in Block 90; (g) A portion of the intersection of Cooper Avenue and Galena Street. For purposes of greater technical clarity, the pedestrian mall as generally described above may be more particularly described as follows, to wit: Beginning at the southeast corner of Block 88 of the ori- ginal Aspen townsite as shown on the 1959 official city map; thence westerly along the southerly line of Block 88 to the southwest corner of Block 88; thence 116.63 feet along a non tangent curve to the right whose chord bears S 69° 50' 49" W 105.01 feet, to the northeasterly corner of Block 82; thence southerly along the easterly line of Blocks 82 and 83 to a point 45.04 feet northerly of the RECORD OF PROCEEDINGS 100 Leaves southeasterly corner of Block 83; thence 115.78 feet alon~ a non tangent curve to the right whose chord bears N 59~50'49'' E 104.23 feet, to the southwesterly corner of the north half of Block 90, said corner also being the northwesterly corner of the alley in Block 90; thence northerly along the westerly line of Block 90 to the north- westerly corner of Block 90; thence easterly along the nor- therly line of Block 90 to the northeasterly corner of Block 90; thence~southerly along the easterly line of Block 90 to the southeasterly corner of the north half of Block 90, said corner also being the northeasterly corner of the alley in Block 90; thence easterly along the easterly extension of the northerly line of the alley in Block 90 to the southwesterly corner of the north half of Block 96; thence northerly along the westerly line of Block 96 to the northwesterly corner of Block 96; thence 116.00 feet along a non tangent curve to the right, whose chord bears N 30° 09' 11" W 104.44 feet, to the southeasterly corner of Block 89; thence westerly along the southerly line of Block 89 to the southwesterly corner of Block 89; thence northerly along the westerly line of Block 89 to the northwesterly corner of Block 89; thence easterly along the northerly line of Block 89 to the northeasterly corner of Block 89; thence northerly along a northerly extension of the eaBterly line of Block 89 to the southeasterly corner of Block 88, the point of beginning; excepting, however, a strip twenty feet in width across Mill Street 'j~oining the alleys in Blocks 82 and 89, all in the City of Aspen, County of Pitkin, State of Colorado. The above-described pedestrian mall is graphically de- picted on the map attached hereto as Exhibit A and made a part of this ordinance by this reference. S_ection 2. Ail vehicular traffic shall be prohibited in all areas of the pedestrian mall except for fire fighting equipment, ambulances, police vehicles and other forms of emergency vehicles. Provided, however, that nothing herein shall prevent~ the use of the alley in Block 89, City of Aspen, by service and delivery vehicles serving and supplying businesses situated on said Block 89. Section 3. The City Council hereby declares and determines that all areas described above as within the pedestrian mall shall be closed at 4 a. m., June 16, 1973, and the mall established RECORD OF PROCEEDINGS 100 Leaves at that time. be effective such measures within the pedestrian mall. Section 4. The prohibition against vehicular traffic shall from that time and the Chief of Police shall take as are necessary to remove vehicles parked Adoption of this ordinance notwithstanding, the City and its legislative body shall retain its police powers and other rights and powers relating to the city streets and the rights- of-way constituting a part of the pedestrian mall. No action taken pursuant to this ordinance shall be interpreted or construed to be a vacation or abandonment, in whole or in part, of any city street or right therein, it being intended that the establishment of a pedestrian mall be a matter of aDpro- priate additional regulation only. Section 5. In the event damages are actually allowed or awarded to any property owner by reason of the establishment of the pedes- trian mall, such damages shall be paid at the time the amount thereof is finally determined, whether by agreement of the parties or by a court of competent jurisdiction, and shall be payable out of the proceeds derived from the City of Aspen sales tax which goes into effect July 1, 1973, or from the general fund of the City as the City Council may from time to time deem to be appropriate. Provided, however, that no special assessments shall be levied for this purpose against the owners of lands abutting the pedestrian mall or against lands benefited by the establishment of the mall, nor shall special assessment ~i~ricts or improvement districts be established. RECORD OF PROCEEDINGS 100 Leaves Section 6. Ail costs and expenses of establishing, maintaining, ad- ministering, repairing and policing the pedestrian mall and all costs of present and future improvements to the mall, shall be paid for out of the proceeds of the City of Aspen sales tax which goes into effect July 1, 1973, or from the general fund of the City as the City Council may from time to time deem to be appropriate. Provided, however, that no special assessments shall be levied for this prupose against the owners of lands abutting the pedestrian mall or against lands benefited by the establishment of the mall, nor shall special assessment districts or improvement districts be established. Section 7. There is hereby established a Mall Committee to be com- posed of 10 members to be chosen by the City Manager each to serve a term of one year. At no time shall less than 50% of the membership of the Committee consists of owners of property abutting the pedestrian mall. The Committee shall promulgate rules and regulations pertaining to the use, and control of the mall, all of which rules subject to the approval of the City Council. Section 8. By reason of the fact that this ordinance will establish a public mall only upon its adoption and that it is the desire of the council that such mall be established prior to the beginning of the intense summer tourist activity and summer conventions, it is hereby decalred that an emergency exists and that this ordinance is necessary to the immediate preser- vation of the public property, health, peace and safety, and . that it shall be in full force and effect upon final passage, and be published within ten (10 days after final passage, or operation, maintenance and regulations are RECORD OF PROCEEDINGS 100 Leaves as soon thereafter as possible. Section 9. If any provision of this ordin~ce or the application thereof to my person or circ~st~ce is held invalid, such invalidi~ shall not effect 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 ordin~ce are declared to be severable. INTRODUCED ~D BAD as provided by law by the city Co~cil of the City of Aspen, Colorado, at its regular meeting held at only of ~the ~ day o , the City of Aspen, Colorado, '~~/~~-~ 1973. ATTEST: . ~ ~ FINALLY ADOPTED, City Clerk PASSED AND APPROVED this .. ~// day , 1973. May~ ~f (,/') 88 HYMAN 82 WAGNER 83 PARK DURANT _ 9O RUBEY PARK Z STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on June 6 , 19~ ,x~~~xrkx~~kxxxxxxx, c x x xm e x . z xxxxxxxxxxxxxx xl r xx, and was finally adopted and approved at a regular meeting of the City Council on .7,~n~ 11 published as Ordinance No. said City, as provided by law. 2O , 197_3_, and ordered , Series of 1973, of IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City of Aspen, Colorado, this llth day of June , 197__% the SEAL --L~6rraine Graves, City Clerk