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HomeMy WebLinkAboutordinance.council.004-60ORDINANCE NO. ~ (Series of 1960) AN ORDINANCE PROVIDING FOR THE PROTECTION OF PE~NENT SURVEY MOUNTS, MARKERS OR STAKES INSTALLED BY THE CITY OF ASPEN; PROVIDING FOR THE CONDITIONS UNDER WHICH PERMANENT SURVEY MONU- MENTS MAY BE REMOVED WITH THE AUTHORITY OF THE CITY ENGINEER; PROVIDING FOR THE FILING OF PLATS AND FIELD NOTES IN CONNECTION THEREWITH; PROVIDING CIVIL LIABILITY FOR THE DESTRUCTION, MUTI- LATION, DAMAGE OR REMOVAL THEREOF; PROVIDING FOR UNLAWFUL DESTRUC- TION, MUTILATION, DAMAGE OR P.~MOVAL THEREOF AND PENALTIES THEREFOR; AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1. No permanent survey monuments, markers or stakes established, placed or installed by the City of Aspen shall be removed by any person without having first obtained the approval of the City Engineer. SECTION 2. In the event any person or persons shall find it necessary by reason of practical difficulty in the use of the land or through the construction or erection of improvements thereon, or by reason of a change, alteration, repair, construction, erection or installation of public improvements, to remove and re- locate any of said permanent survey monuments, markers or stakes, such person or persons shall apply to the City Engineer for authority to remove or relocate the survey monument involved and shall specify in detail the reason therefor; and the City Engineer shall examine said application md shall inspect the location of said monument in- volved; and if after said examination and inspection, the City En- gineer shall find that said monument should be removed or relocated, he shall grant such person or persons authority and permission to re- move or relocate said survey monument and shall specify the manner in which said survey monument shall be removed or relocated. SECTION 3. No permanent survey monument, markers or stakes shall be removed except by a person licensed as a land sur- veyor under the laws of the State of Colorado. SECTION 4. In the event a permanent survey monument, marker of stake as described in Section 1 is removed as provided in Section 2 of this Ordinance, the surveyor involved shall file with the City Engineer a plat showing in detail the new location of said survey monument and shall also file written field notes there- with as may have been directed by the City Engineer. The City En- gineer shall keep a permanent record of all such plats and field notes filed with him pursuant to this Ordinance and the record thereof shall be available at all times to the general public. SECTION 5. If any person shall destroy, mutilate, damage or remove any permanent survey monument, marker or stake described in Section 1 hereof, except as provided herein, he shall be liable to the City of Aspen for all costs and expenses incurred by the said City in restoring said survey monument to its original condition and proper location, and such costs and expenses may be collected by said City on proof thereof in a civil court of competent jurisdicai~n~. SECTION 6. It shall be unlawful for any person or persons to destroy, mutilate, damage, remove or relocate any permanent sur- vey monument, marker or stake described in Section 1 hereof, except as provided in this Ordinance, and any person found guilty thereof shall be fined not less than $-~-~?,~' nor more than $.~63~3.. ~c · SECTION 7. The invalidity of any section or provision of this Ordinance shall not invalidate other sections or provisions hereof. SECTION 8. An emergency is declared to exist and the immediate passage of this Ordinance is necessary for the public peace, health and safety of the inhabitants of the City of Aspen, Colorado~ and this Ordinance shall be in full force and effect five (5) days after its final publication. INTRODUCED, READ and ORDERED published a s provided by law by the City Council of Aspen, Colorado, at its regular meeting held at City of Aspen on this 16th day of May, A. D. 1960. ATTEST: ~/~C ITY CLERK ~_~ FINALLY passed, adopted and approved on this ~ day of ~¥/. ~- ~C~-~-- , 1960. ATTEST: STA~ OF COLO~O ) C~N~ OF PI~IN ) I, DORO~ HOF~N, as City Clerk of the City of Aspen, Colorado~ do hereby certify that the above and fore~oing Ordinance was introduced, read ~n ~11 and passed first reading at the re~lar meeting of the City Council held ~y 16, 1960~ amd published in ~e Aspen T~es, a weekly newspaper of general circulation published at the City of Aspen, Colorado, in its issue of May~,f~960, and was finally adopted and approved on ~c published as Ordinance N6. ~, ordered City as provided by law. ~ , 1960, and was (Series of 1960) of said IN WITNESS WHEREOF, I have hereunt9 set my hand and the seal of the City of Aspen, Colorado, this ~ day of ~, A. D. 1960.