HomeMy WebLinkAboutordinance.council.006-69Filed for Record at 9:38 o~clock A.M. December 8, 1969
Reception Number 138220 ~egg¥ E. Miklich~ Recorder
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ORDINANCE NO. 6
Series of 1969
AN ORDINANCE AMENDING THE OFFICIAL CODE OF THE CITY OF ASPEN,
COLORADO BY ADDING A TITLE TO BE NUMBERED XII, CHAPTER 1, SECTION
1 THRU 12, RELATING TO SUBDIVISION REGULARIONS, AND DECLARING
AN EMERGENCY TO EXIST,
BE IT ORDAINED by the City Council of the City of
Aspen, Colorado.
Section 1. Title XII, Subdivision Regulations, is
hereby amended by adding the following enumerated sections and
subjects under Chapter 1.
Section:
12-1-1
12-1-2
12-1-3
12-1-4
12-1-5
12-1-6
12-1-7
12-1-8
12-1-9
12-1-10
12-1-11
12-1-12
Subject:
Intent and Purpose
Definitions
Compliance
Procedure
Preliminary Plat
Final Plat
Design Requirements
Public Use and Service Area
Subdivision Agreement
Unrecorded Plats
Penalties
Emergency Clause
Section 2: Section 12-1-1 Intent and Purpose.
The purpose of this Regulation is to promote an adequate and
efficient street and road system; to prevent congestion on streets
and promote traffic safety; to secure desirable public spaces; to
insure the proper distribution of population; to provide for
adequate utilities and public improvements; and to improve the
health, safety and general welfare of the people of the City of
Aspen.
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Section 3: Section 12-1-2 Definitions.
For the purpose of this chapter, certain words or phrases are
defined as follows. When not inconsistent with the context, words
used in the present tense include the future; words in the singular
number include tile plural; words in the plural number include the
singular number and the masculine includes the feminine. The word
"shall" is mandatory, the word "may" is permissive.
(a) Subdivision - A subdivision is a described tract of
land which has been divided into two (2) or more lots, tracts, or
parcels, any one of which is five (5) acres or less in area for
the purpose, whether immediate or future, of transfer ownership
or for building development or for street use by reference to such
subdivision or a recorded plat thereof.
(b) Subdivider - The person including the owner, or
agent for the owner, dividing or proposing to divide land so as
to constitute a subdivision to be shown on a recorded plat.
(c) Preliminary Plat - A preliminary plat is a map or
chart of a proposed subdivision.
(d) Final Plat - A final plat is a map or chart of the
subdivision, which has been accurately surveyed by a registered
surveyor and such survey is marked on the ground so that streets,
alleys, blocks, lots, and other divisions thereof can be identified.
(e) Easement - An easement is the quantity of land set
aside or over which a liberty, privilege, or advantage in land
without profit, existing distinct from the ownership of land, is
granted to the public or some particular person or part of the
public.
(f) Other public Dedication - Other public
shall refer to parks, playgrounds, drainage channels,
areas of land to be dedicated to public use.
dedication
or other
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(g) Person In addition to the common meaning, shall
include the singular and the plural, a partnership, a corporation,
or an association of persons.
(h) Alley - A public way having less width than a street
and designated for special access to the rear of the improvement
to be constructed in a subdivision.
(i) Lot - A portion of a subdivision used or intended
for use as a unit for transfer of ownership or for development.
(j) Through Lot - A lot which has public streets
adjoining both front and back lot lines.
(k) Reversed Corner Lot - A corner lot which is bounded
on three sides by public streets.
(1) Street - A public way for sidewalk, roadway and
utility installations, being the entire width from lot line to
lot line and including the terms "highway," "road," "place",
"avenue", or other similar designations.
(m) Street Arterial - A street of great continuity
existing or planned, which serves or is intended to serve as a
principal traffic way and is designated in the major street plan
as a limited access highway, parkway or other equivalent tern to
identify those streets comprising the basic structure of the street
plan.
(n) Street Major - A street connecting one or more
collector streets to an arterial street.
(o) Street Collector - A street of limited continuity
which serves or is intended to serve as a feeder of minor street
traffic into a major throughfare.
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which
units
(p) Street Minor - A street of very limited continuity
serves or is intended to serve a small number of dwelling
and does not act as a feeder street for another trafficway.
(q) Cul-de-sac - A street closed at one end.
(r) City Council - Mayor and City Council of the City
of Aspen, Colorado.
(s) Planning Commission - The Planning and Zoning Com-
mission of the City of Aspen, Colorado and the Regional or Metro-
politan Planning and Zoning Commission having jurisdiction.
(t) City Administrator - Such officer known as the City
Administrator of the City of Aspen, Colorado.
(u) City Engineer - Such officer known as the City
Engineer of the City of Aspen, Colorado.
Section 4: Section 12-1-3. Compliance.
(a) General: It shall be unlawful for the owner, or
the amount of the owner, of any unplatted or unsubdivided land
located within the City to transfer, sell~ agree to sell, or
negotiate to sell any such land by reference to, exhibit of,
or by the use of a plan or plat of a subdivision which has not
been approved by the Planning Commission and the City Council or
has not been recorded in the Office of the County Clerk and Re-
corder. The description of any such lot or parcel by metes and
bounds in the instrument of transfer, or other document used in
the process of selling or transferring the same, shall not exempt
the transaction from the penalty provided by this ordinance, or
by the Statutes of the State of Colorado.
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(b) Construction: It shall be unlawful to erect or
construct any building subject to the Building Code unless the
street giving access to the lot or parcel upon which building
is proposed to be placed shall have been accepted by the Council
as a public street. No structure shall be constructed, nor
building permit issued for a structure, on any parcel of land
with a subdivision approved pursuant to this Ordinance except
where such structure is to be constructed upon a lot separately
designated within the p~t of such approved subdivision~ The lot
lines established in such approved subdivision shall not be
altered by conveyance of a part of such lots, nor shall only a
part of any lot be joined with a part of any other lot for con-
veyance or construction unless and until written application has
been made to the Planning Commission and such change is approved
by the Planning Commission after a
pose and purport of this Ordinance
change.
finding that the general pur-
shall not be weakened.~by such
Section 5: Section 12-1-4. Procedure.
Before dividing any tract of land lying within the corporate
limits of the City of Aspen into two or more lots, any one of which
is five acres or less in size a subdivider shall comply with the
following procedure.
1. At least fourteen days prior to a public hearing
before the Planning Commission two copies of the preliminary plat
of the proposed subdivision shall be submitted to the City Admini-
strator and two copies to the secretary of the Planning Commission.
The subdivider shall within 7 (seven) days thereafter provide one
copy of the preliminary plat, together with a form to be supplied
by the Planning Commission, to the superintendent of schools and to
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each of the Utility companies involved, utility companies may
then inspect the plat and the site, making comments concerning the
placement of easements, etc., on the form provided and, where
necessary, sketching recommended alterations on a copy 6f the plat,
and transmit the plat and recommendation form directly to the
Planning Commission, prior to the time of Public Hearing.
Section 6: Section 12-1-5. Preliminary Plat.
In order to obtain the approval of the City of a subdivision as
required by this ordinanoe, there shall first be filed with the
Planning Commission a preliminary plat on conformity with the fol-
lowing requirements and containing the following information:
(a) Proposed name of the Subdivision.
(b) Location of the subdivision as a part of some
larger subdivision or tract of land and by reference to permanent
survey monuments with a tie to a section corner or a quarter-
section corner.
(c) Names and addresses of the subdividers and owners,
the designer of the subdivision, and the engineer or surveyor
(who shall be licensed by the Colorado State Board of Examiners
for Engineers and Land Surveyors).
(d) Location and principal dimensions for all existing
or recorded section lines, streets, alleys, easements, water
courses, public utilities, and other important features within and
adjacent to the tract to be subdivided.
(e) Location and principal dimensions for all proposed
streets, alleys easements, lot lines, and areas to be reserved
for public use.
(f) Date of preparation, scale (not less than one
hundred (100') to the inch", and north sign (designated as true
north.)
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(g) Acreage of land to be subdivided.
(h) Accurate names and addresses of the owners of
adjacent property.
(i) The tract survey boundaries and any traverse to
permanent survey monuments must be certified by a Land Surveyor,
registered to practice in the State of Colorado; survey precision
shall be such as to limit error to not more than one foot in
4,000 feet.
(j) The location and principal dimensions for all proposed
streets, alleys, lot lines, rights-of-way, and all areas to be
reserved for public use.
(k) The location of proposed bridges, culverts, surface
or sub-surface drainage ways, utilities, public buildings, pumping
stations or appurtenances.
(1) Proposed changes to existing zoning boundaries.
(m) Where the preliminary plan of development covers
only a part of the developer's contiguous holdings, a sketch of the
prospective street system of the unsubmitted part shall be furnished
and the street system of the submitted part will be considered in
the light of adjustments and connections with the street system of
the part not submitted.
(n) The plat shall provide space for comments and sug-
gestions from the City Engineer, the Utility Companies and the
Planning Commission.
The Secretary of the Planning Commission shall notify the subdi-
vider by registered mail of the time and place of ahearing
on a proposed plat not less than five (5) days before the date
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fixed for the hearing. Similar notices shall be mailed to the
owners of land immediately adjoining the area proposed to be
platted as their names appear in the directory of the municipality
or on the tax records of the municipality or county. Written
notice shall be given the City Administrator, private utility
companies serving the area and the public school administration
of such hearing. He shall also give at least five days notice
of the time and place of the public hearing on the proposed
subdivision by advertising in at least one issue of a legal news-
paper of general circulation in Pitkin County.
Within thirty (30) days after the hearing on the Pre-
liminary Plat, the Planning Commission shall approve, disapprove,
or approve subject to modifications the said plat. Failure of the
Planning Commission to act on this Preliminary Plat within thirty
(30) days shall be deemed approval of the plat. If the Plat is
disapproved, reasons for such disapproval shall be stated in
writing. If approved subject to modifications, the nature of
the required modifications shall be indicated.
Approval of the Preliminary Plat shall not constitute
acceptance of the Final Plat. The approval of the Preliminary
Plat shall lapse unless a Final Plat based thereon is submitted
within one (1) year from the date of such approval.
Section 7: Section 12-1-6 Final Plat.
After the approval of the Preliminary Plat, a Final Plat may be
submitted. The Pinal Plat shall contain all of the information
required on the Preliminary Plat, except contour
the following:
(a) Accurate dimensions for all lines,
curves used to describe boundaries,
intervals, plus
angles and
streets, alleys, easements,
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areas to be reserved or dedicated for public use and other impor-
tant features. All dimensions to be determined by an accurate
field survey which must balance and close within a limit of one
foot in 4,000 feet.
(b) A systematic identification of all lots and blocks,
and names for the streets.
(c) A good and sufficient dedication to the public of
all of the streets, alleys, easements, parks and other public
areas as shown on the plat.
(d) A certification by the surveyor or engineer as
to the accuracy of the survey and drafting of the plat.
(e) All drawings and signatures to be in water-proof
ink on tracing cloth, with outer dimensions of 24 inches by 30
inches. There shall be an unencumbered margin of 1½ inch on the
left hand side of the sheet and not less than ½ inch margin
around the other three sides of the sheets. In no case shall the
scale be less than 1 inch to 100 feet. When more than one sheet
is required, an index sheet of that same size shall be filed
showing the entire subdivision with the individual sheets blocked
out thereon as a key.
(f) A description of permanent survey points which have
been set at critical points in the subdivision shall be submitted
with the final plat.
(g) The final plat shall provide a certificate of filing
to be completed by the County Recorder and will indicate the date
and time of filing.
(h) A certificate by an attorney admitted to practice
in the State of Colorado that the person or persons dedicating to
the public the public ways or areas shown thereon are the owners
thereof in fee simple, free and clear of all liens and encumber-
ances.
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(i) Certificates showing approval of the plat by the
Planning Commission and approval and acceptance of the plat by
the City Council. The certificate of the City Council shall be
in substantially the following form:
This Plat, and the dedication to the public of the
streets and public ways shown hereon, and the public
utility easements as shown are hereby accepted and
approved by the City Council of the City of Aspen,
Colorado this day of , 19
ATTEST:
Mayor
City Clerk
(Seal)
Eight copies of the Final Plat shall be submitted to
the Secretary of the Planning Commission at least ten (10) days
prior to the meeting at which such plat is to be considered.
Within thirty (30) days after the meeting on the Final Plat
the Planning Commission shall approve, disapprove or approve
subject to modifications the said Plat. Failure of the Planning
Commission to act on the Final Plat within thirty (30) days shall
be deemed approval of the Plat. If the Plat is disapproved,
reasons for such disapproval shall be stated in writing. If ap-
proved subject to modifications, the nature of the required
modifications shall be indicated. After the Final Plat has been
approved by the Planning Commission, the original and one
copy thereof shall be presented to the Council for its approval
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and its acceptance of the area dedicated to public use. If approved
by the Council the Final Plat shall be legally recorded by the
subdividers in the Office of the Clerk and Recorder of Pitkin
County in compliance with Statutes of the State of Colorado.
Section 8: Section 12-1-7 Design Reguirements
The following design standards are adopted as minimum requirements
for all subdivisions except where unusual topography, size or shape
of property or other exceptional situation or condition may warrant
variance from such requirement.
1. Streets
(a) Streets shall bear a logical relationship to topo-
graphy and to the location of existing or platted streets in
adjacent properties.
(b) Streets, utility rights-of-way, and public open
spaces shall conform to approved plans for the extension of such
public facilities.
(c) Minimum street widths shall be as follows:
ROADWAY WIDTHS
CI~ASSIFICATIONS
Arterial Streets
Major Streets
Collector Streets
Minor Streets
(d)
RIGHT-OF-WIDTH EXCLUDING GUTTERS
150 feet variable
100 feet 76 feet
80 feet 64 feet
60 feet 42 feet
Dead-end streets shall not exceed 400 feet in
length; a turn-around with a minimum radius of 50 feet must be
provided at the closed end.
(e) Streets shall intersect at right angles; where
streets meet at acute angles, a reasonable street corner radius
will be required.
(f) Half streets shall be prohibited.
(g) Street grade limits shall be as follows:
Arterial and major streets: Min. Grade, 0.5%; Max., 5.0%
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Collector Streets:
Minor Streets:
(h) Streets
Min. Grade, 0.5%; Max., 7.0%
Min. Grade, 0.5%; Max., 8.0%
shall be leveled to a grade of less than
4 per cent for a distance of at least 100 feet approaching all
intersections.
(i) Street jogs with centerline offsets of less than
one hundred and twenty-five feet (120') shall not be allowed.
(j) When streets are in alignment with existing streets,
the new streets shall be named according to the streets with
which they correspond. Streets which do not fit into an estab-
lished street-naming pattern shall be named in a manner which
will not duplicate or be confused with existing street names, in
the City or elsewhere in the Aspen Metropolitan Area.
2. Surfacing Standards
Ail streets shall be constructed in accordance with the
City Specifications for street and road construction, which speci-
fications are on file in the office of the City Engineer and shall
be subject to the approval of the City Engineer. All underground
utilities shall be installed one year previous to the surfacing
of the street.
2. Water Lines
The subdivider shall connect with water system and shall
make such water available to each Lot within the subdivided area.
Adequacy of supply and sizes of water mains shall be determined
by the City Water Engineer. Workmanship and details of construction
shall be in accordance with City of Aspen specifications. All
work shall be done as directed by the City Engineer. All water
main and service installations shall be subject to City ordinances
and agreements relating thereto.
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4. Sewers
Where a public sanitary sewer is accessible the subdivider
shall connect with such sanitary sewer and provide adequate sewer
lines accessible to each lot. Sewer connections and subdivision
sewer systems shall be installed in accordance with the Sanitation
District Rules and Regulatqons and subject to the approval of the
Sanitation District. Where a public sewer is not accessible, the
subdivider may upon approval of the City Council either install
individual sewerage facilities at his expense or require the builders
provide such facilities as part of the construction of buildings
or structures. Where individual sewerage facilities are to be
stalled, serving twenty-five (25) or more persons, the individual
system shall be designed by a licensed Sanitary Engineer. Such
plans shall be submitted with the application for building permit
and shall be subject to the approval of the Department of Public
Health of the State of Colorado. For individual sewage systems
for less than twenty-five (25) people, the system shall be designed
in accordance with departmental practice of
the City of Aspen.
5. Lots
(a) Minimum lot sizes shall be
the City Engineer of
in accordance with current
zoning regulations (but in no case shall be less than 6,000 square
feet and 60 feet in front width.)
(b) Side-lot lines shall be at right angles to the
street line or at right angles to the tangent to the curve of the
street line.
(c)
permitted.
(d)
Reversed corner lots and through lots shall not be
Ail lots shall front on a public street or highway.
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(e) Blocks for residential use shall not exceed 1,000
feet in length.
(f) Steel pin monuments, ½ inch in diameter and 30
inches long, set in concrete not less than 5 inches in diameter and
24 inches deep shall be placed flush with the natural ground or
finished street grade at all intersections of street or alley
lines with plat boundary lines and at all points of curvature
or angle points of such lines. All monuments shall be properly
set to grade before approval of the Final Plat can be made.
(g) Irrigation ditches shall not be permitted on
public streets or highways except as follows. The ditches must
be located between the property line and the sidewalk and must
be carried in either pipe or in lining constructed to City of
Aspen specifications to cross such public streets or highways.
(h) The City may require alleys at least twenty feet
(20') in width and open at both ends in business districts and
at the rear of all lots fronting on major and arterial streets.
Where alleys are not required, easements shall be granted or
reserved at least ten feet (10') in width on each side of all
rear lot lines and along sufficient side lot lines where neces-
sary for utility installation and maintenance, including storm or
sanitary sewers, gas and water lines, and electric service. Where
the rear lot line abuts on property outside of the subdivision on
which there are no easements at least five feet (5') in width,
then the easements on the rear lot lines in the subdivision shall
be at least twenty feet (20') in width.
~il No land shall be subdivided for residential use
which is held ~by the Planning Commission to be unsuitable for
such use by reason of flooding or bad drainage, adverse earth or
rock formation or topography or any feature likely to be harmful
to the health, safety, or welfare of the future residents in the
proposed subdivision or of the community unless and until such
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land is rendered suitable for residential use.
(j) The subdividers shall install adequate conduits,
drains and provisions for storm water drainage as may be required
and approved by the City Engineer.
(k) Sidewalks, curbs and gutters, culverts, bridges
and other such necessary improvements shall be constructed by the
Subdivider in accordance with plans and specifications approved
by the City Engineer and after construction will be subject to
inspection and approval by the City Engineer. All required improve-
ments shall be completed in accordance with grades officially
established by the City.
(1) All utilities including electric, telephone and
cable television shall be placed underground.
Section 9:. Section 12-1-8 Public Use and Service Areas
Dedication of parks, school grounds, recreation uses and other
public open spaces within the subdivision shall be required in
accordance with the Master Plan or other designation of the
City of Aspen. The owner of the land to be divided shall allocate
and convey not less than 4% of the area of the proposed subdivision
for such public use purposes. At the option of the City, the owner
shall in lieu of such conveyance of land pay to the City in cash
an amount equal to 4% of the value of the land. If the City and
the owner fail to agree on the value of the land, the value shall
be fixed and established by a qualified appraiser selected by the
City and the owner. The proceeds of such payments shall be de-
posited in a separate City account and shall be used only for the
acquisition of land for public purposes and for the improvement of
such lands.
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If the area required for such public uses exceeds the fair
amount for the subdivider's contribution, the lands needed in
addition to such fair contribution shall be reserved for purchase
by the City of Aspen for not less than three (3) years from the
date of approval of the subdivision.
Section 10: Subdivision Agreement
Before the Council shall accept a Final Plat, the Subdivider and
owner shall have entered into a written agreement with the City
wherein they shall agree to make and install within one year,
or such other period as Council shall approve, any required
storm sewers, bridges, fences or other such subdi¥ision improve-
ments that may be required by the City Administrator, and shall
have provided a bond with sufficient sureties thereon approved
by the City Council guaranteeing their faithful performance of
their covenants therein made, or have deposited sufficient funds
in escrow with the City to cover the cost of such improvements.
Such bonds or such escrowed funds guaranteeing the ~PerfOrmance of
the Subdivider's or owner's covenants shall be in an amount at
least to one hundred percent (100%) of the then current cost of
performing the covenants therein made.
No certificate of occupancy shall be issued for any
improvements within the subdivision if such agreement is in de-
fault, or until the remaining required subdivision improvements
have been installed to serve the properties for which a certificate
is sought. If any part of such improvements has not been installed,
funds may be escrowed therefore with the City, or a performance
bond may be provided for the cost thereof.
Section 11: Section 12-1-10- Unrecorded Plats
No owner or agent of the owner of any land located within a pro-
posed subdivision shall transfer, sell, agree to sell, or negotiate
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to sell any land by reference to, exhibition of, or by the use of
a plan or plat of a subdivision before such plan or plat of a
subdivision before such plan or plat has been approved by the
Aspen City Council and recorded by the Pitkin County Recorder. The
descrip~ion~ of such lot or parcel by metes and bounds in the
instrument of transfer or other documents used in the process of
selling or transferring shall not exempt the transaction from any
penalties provided by the State of Colorado Statutes.
Failure on the part of the subdivider to record the
final plat within a period of 90 days following approval by the
City Council shall render the plat invalid and reconsideration by
both the City Planning Commission and the City Council will be
required before its acceptance.
Section 12: Section 12-1-11 Penalties
It shall be unlawful for any person, firm, or corporation to vio-
late any of the provisions of this regulation or to sell any lot
within a subdivision in the City of Aspen as defined herein until
such subdivision has been approved in writing by the City Council
and recorded in the Office of the County Recorder. It shall also
be unlawful to sell or lease any lot or parcel of land which has
been described by metes and bounds until such subdivision shall
have been similarly approved, if such lot or parcel of land lies
within or forms a part of a subdivision as defined herein.
No County Recorder shall file or record a plat or other
instrument used for the subdivision of land as defined herein with-
out such approvals.
Section 13: Section 12-1-12 Effective date
Because of the matters and things hereinabove set forth the City
Council of the City of Aspen, Colorado hereby finds and determines
and declares that an emergency exists and that this ordinance is
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necessary for the immediate preservation of the public peace,
health and safety.
INTRODUCED, READ, AND ORDERED PUBLISHED THIS
, 1969.
Finally adopted and approved this
~ dav Ok''~'' '
A'
/,~-..,' '....~ <,-%
~ city Clerk
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STA~E OF COLORADO )
) ss
COUNTY OF PI'fl(IN )
CERTIFICATE
I, Lorraine Graves, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introducted, read in full, and passed on first
reading at a regular meeting of the City Council of the
City of Aspen on March 10 ,196 9., and publish-
ed in the ~spen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of March 13 ,196__9, and was finally adopted
and approved at a regular meeting of the City Council on
March 24 ,196 9.., and ordered published as
Ordinance No. _ 6 ., Series 196 9..., 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 _ 25th
day of
March , 196 9 .
rraine Graves, City Clerk