Loading...
HomeMy WebLinkAboutresolution.council.040-85RESOLUTION NO. 40 (Series of 1985) A RESOLUTION REFERRING TO THE ELECTORS ORDINANCE NO. 47 (SERIES OF 1985) PERTAINING TO WOODBURNING DEVICES AT A SPECIAL ELECTION TO BE HELD ON MARCH 18, 1986, AND SUCH OTHER QUESTIONS AS COUNCIL MAY DECIDE TO SUBMIT TO THE ELECTORS; AND PROVIDING FOR PARTICULARS WITH REGARD TO SAID ELECTION WHEREAS, the City Council is in receipt of a referendum peti- tion regarding Ordinance No. 47 (Series of 1985) entitled: "An ordinance amending the solid fuel burning device regula- tions established in Section 11-2.3 of the Municipal Code of the City of Aspen, Colorado~ to encourage upgrading or replacement of high polluting solid fuel burning devices, to prohibit the installation of more than one solid fuel burning device in any building, requiring that said device be certi- fied, except in lodges when other approved controls are used or in any building, if off-set requirements are met, estab- lishing certification requirements; and amending Section 11-2.1 to set forth definitions of 'building', 'hotel' and 'lodge', 'certified devices', 'solid and 'board' " WHEREAS~ pursuant to Section 5.6 the fuel burning devices' City Council has promptly considered Ordinance No. 47 but has not voted its repeal; and WHEREAS, pursuant to Section 5.6(b) the City Council is required to submit the referred ordinance to the electors not less than 30 days and not later than 90 days from the date of final Council vote thereon and, for such purposes, desires to call a special election to be held on March 18, 1986, and to herein pro- vide for particulars with regard to said election; WHEREAS, the City Council desires to also preserve its option to submit additional questions to the electors; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That a special municipal election be held in the City of Aspen, Pitkin County, Colorado, on Tuesday, March 18, 1986, between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of submitting to a vote of the registered, qualified electors of the City of Aspen, Colorado, the question contained hereinafter, per- taining to the repeal of Ordinance No. 47 (Series of 1985). Section 2 The following question shall registered, qualified electors of the aforesaid special municipal election in questions as Council deems appropriate: be submitted to a vote of the the City of Aspen, Colorado, at addition to such other QUESTION NO. 1: Shall Ordinance No. 47 (Series of 1985) be repealed? Said ordinance is entitled: "An ordinance amending the solid fuel burning device regula- tions established in Section 11-2.3 of the Municipal Code of the City of Aspen, Colorado, to encourage upgrading or replacement of high polluting solid fuel burning devices, to prohibit the installation of more than one solid fuel burning 2 device in any building, requiring that said device be certi- fied, except in lodges when other approved controls are used or in any building, if off-set requirements are met, estab- lishing certification requirements; and amending Section 11-2.1 to set forth definitions of 'building', 'hotel' and 'lodge', 'certified devices', 'solid fuel burning devices' and 'board'." Copies of said Ordinance No. 47 may be obtained from the office of the City Clerk, Colorado, and shall also Section 3 130 South Galena Street, Aspen, be available at the polling place. There shall be one municipal election precinct for the aforesaid election, the boundary thereof to be the same as the boundary of the City. Elementary School, 110 Section 4 The polling place shall be at the Upper East Hallam, Aspen, Colorado. The aforesaid special election shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 5 The provisions for the registration of electors and for voting by absentee ballot on the question shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said election shall be registered on electronic voting machines at each of the polling places. Subject to the reservation that Council may submit such further questions as it deems appropriate, the ballot label with respect to the proposed question shall read as follows: Question No. 1 "FOR Shall Ordinance No. AGAINST 47 (Series of 1985) be repealed? Said ordinance is entitled: "An ordinance amending the solid fuel burning device regulations established in Section 11-2.3 of the Municipal Code of the City of Aspen, Colorado, to encourage upgrading or replacement of high polluting solid fuel burning devices, to prohibit the installation of more than one solid fuel burning device in any building, requiring that said device be certified, except in lodges when other approved controls are used or in any building, if off-set requirements are met, establishing certification requirements; and amending Section 11-2.1 to set forth definitions of 'building', 'hotel' and 'lodge', 'certified devices', 'solid fuel burning devices' and 'board'." Copies of said Ordinance No. 47 may be obtained from the office of the City Clerk, ~30 South Galena Street, Aspen, Colorado, and shall also be available at the polling place. On each such voting machine there shall be a space which will permit the elector to indicate his vote "FOR THE QUESTION" or "AGAINST THE QUESTION". Section 7 The election shall be held and conducted, and the votes cast on the question or questions aforesaid shall be returned and can- vassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and the declara- tion of the result of votes cast at a general election of muinci- pal officers in the City of Aspen. ' ection 8 Notice of the election on the proposed question shall be published in the A__spen Times, a newspaper published and of general circulation in said City, in the edition of said newspaper dated _ 1985, and a copy of such Notice shall be posted at each polling place within the City, at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such Notice and making copies of the referred Ordinance No. 47 (Series of 1985) available to the public. Subject to the reservation that Council may submit further questions as it deems appropriate, said Notice shall be in substantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF PROPOSED QUESTION TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD , 1986 PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to a Resolution of the City Council of the City of Aspen, Colorado, at a Special Election to be held in the City on Tuesday, , 1986, between the hours of 7 A.M. and 7 P.M., and there will be submitted proposed question as follows: Shall Ordinance No. 47 (Series of 1985) be repealed? Said ordinance is entitled: 'An ordinance amending the solid fuel burning device regula- tions established in Section 11-2.3 of the Municipal Code of the City of Aspen, Colorado, to encourage upgrading or replacement of high polluting solid fuel burning devices, to prohibit the installation of more than one solid fuel burning device in any building, requiring that said device be certi- fied, except in lodges when other approved controls are used or in any building, if off-set requirements are met, estab- lishing certification requirements; and amending Section 1~-2.1 to set forth definitions of 'building', 'hotel' and 'lodge', 'certified devices', 'solid fuel burning devices' and 'board'. Copies of said Ordinance No. 47 may be obtained from the office of the City Clerk, 130 South Galena Street, Aspen, Colorado, and shall be available at the polling place. In addition, the City Council may submit further ques- tions as it deems appropriate. There shall be one municipal election precinct for this election. The polling place shall be at the Upper Elementary School, 110 East Hallam, Aspen, Colorado, bewteen the hours of 7 A.M. and 7 P.M. Those electors who are otherwise fully qualified to vote on said question at such election, but who are or will be unable to appear at the polling place on the date of the election, may apply in writing at the office of the City Clerk, at the City Hall, for an absentee ballot, at any time during business hours, on or before the day of , 1986. The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as may be in the manner prescribed by law for the general election of municipal officers. IN WITNESS WHEREOF, the City Council notice to be given as of this ____ day of 1985. has caused this Dated: Kathryn S. Koch City Clerk Published in: Aspen Times Published on: I, Kathryn S. Koch, 1985. certify that the foregoing is , 1985." duly appointed and acting City Clerk do a true and accurate copy of that 6 resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held 2A 7