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HomeMy WebLinkAboutordinance.council.027-70RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of 1970) 100 L E. AVE. S AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL PROPERTY, OPEN SPACE, AND IMPROVEMENTS; AND APPROPRIATING AND ALLOCATING FUNDS FROM THE CITY ONE (1%) PERCENT SALES TAX FOR THE SALE OF REVENUE BONDS; AND DECLARING AN EMERGENCY TO EXIST. WHEREAS, the electors of the City of Aspen passed a one (1%) percent sales tax, the funds from which are earmarked for the acquiring of real property including open space, capital improve- ments and the financing thereof. AND WHEREAS, the City Council of the City of Aspen deems it proper and expedient to acquire the property known as the "golf course area" including improvements situate thereon, and have been negotiating with the owners of said golf course property; AND WHEREAS, a negotiated price has been reached in the amount of Three Million Seven Hundred Thousand ($3,700,000) Dollars, which negotiations are based on the execution of a con- tract of sale during the year 1970; AND WHEREAS, the acquiring of such property for the benefit of the City of Aspen will necessitate the application of the one (1%) percent sales tax revenues for the purchase and financing of such property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that: Section 1. The appropriate City Officers of the City of Aspen, be and hereby are authorized to enter into a con- tract of purchase and sale with the owners of the entire golf course property including the improvements thereon, which terms and con- ditions shall be subject to the approval of the City Attorney, for a purchase price of Three Million Seven Hundred Thousand ($3,700,000) Dollars. Section 2. The City and its appropriate officers are hereby authorized and empowered to allocate, appropriate and pledge the revenues received by the City from the one (1%) percent sales tax, and such other funds as deemed necessary, for the pur- pose of financing revenue bonds necessary to raise the monies for the purchase of the lands known as the "golf course area" and the improvements situated thereon, including "The Happy Hearth Lodge." Section 3. The City and its appropriate officers be and hereby are authorized to take such actions and perform such acts as may be necessary to purchase the said lands and improvements as herein above provided. Section 4. Because of the matters and things hereinabove set forth, the City Council of the City of Aspen, Colorado, hereby finds, determines and declares that an emergency exists, and that this Ordinance is necessary for the immediate preservation of the public peace, health and safety. Section 5. If any court of competent jurisdiction should ever determine that any part of this Ordinance is invalid or unenforceable, parts hereof, severable. be held at Council Chambers, such determination shall not affect the remaining the intention being to make the provisions herein Section 6. A public hearing on the Ordinance shall ~ ~ ~ ~ Iq?o , at .~.'~ P.M. in the City Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED THIS of ~~ ,1970. ATTEST: City Clerk FINALLY ADOPTED AND APPROVED THIS c~/ DAY OF 1970. ATTEST:~.z City Clerk STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) ~_~, Lorraine Graves, City Cler!~ of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and massed on first reading at a regular meeting of the City Council of the City of Asoen on D~r~mh~w lA ,197_Q_, and ,ublish- ed in the Aspen Times~ a weekly news9aoer of general ci"cul- ation, nublished in the City of Asoen, Colorado, in its issue of December 17 ., 1~7 9., and was finally special adopted and anoro~ed at a ~ meeting of the City December 21 27 Council on as Ordinance No. orovided by law. IN WITNESS %~EREOF, ~1970~and ordered published Series of 197 O, of said City, as I have hereunto set my hand and the seal of said Cz~y of Ashen, Colorado, day of December __~ lq70. SEAL this 22 Lorraine Graves, City Cler!~