Loading...
HomeMy WebLinkAboutresolution.council.020-84RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. ~___ (Series of 1984) A RESOLUTION SUBMITTING TO A VOTE OF THE QUALIFIED REGISTERED ELECTORS OF THE CITY OF ASPEN, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JULY 31, 1984, QUESTIONS REGARDING THE APPROVAL OF THE CONVEYANCE BY THE CITY COUNCIL OF APPROXIMATELY 1.9 ACRES OF CITY- OWNED REAL ESTATE, COMMONLY KNOWN AS THE RIO GRANDE PROPERTY, LOCATED IN THE CITY OF ASPEN ABUTTING THE EASTERLY LINE OF 300 NORTH MILL STREET AND A QUESTION CONCERNING AUTHORIZING THE CITY COUNCIL TO ISSUE A FIFTEEN-YEAR, NON-EXCLUSIVE, REVOCABLE PERMIT FOR THE OPERATION OF A CABLE TELEVISION SYSTEM IN THE CITY OF ASPEN TO MICRO CABLE COMMUNICATIONS CORPORATION, A WASHINGTON CORPORATION, d/b/a CANYON CABLE TV CORPORATION; SETTING FORTH THE BALLOT QUESTION; AND PROVIDING FOR PARTICULARS WITH REGARD TO SAID ELECTION WHEREAS, pursuant to Section 5.7 of the Charter of the City of Aspen, the City Council may submit any question to a vote of the people at a general or special election; and WHEREAS, Arts West Aspen, a Colorado not-for-profit corpora- tion, has requested the conveyance of a parcel of land consisting of approximately 1.9 acres of that City-owned property currently known as the Rio Grande property, abutting the easterly line of 300 North Mill Street, City of Aspen, County of Pitkin, a survey of which is annexed hereto, for the purpose of constructing a per- forming arts center thereon; and WHEREAS, the City Council has determined that a performing arts center and accessory uses thereto is an appropriate use of said parcel and deems it to be in the best interest of the City of Aspen, its inhabitants and visitors portion of the Rio Grande property a performing arts center thereon, as may be determined by ordinance WHEREAS, Section 13.4 of the to convey to Arts West Aspen a for the purpose of constructing upon such terms and conditions of the City Council; and City Charter provides that the City Council shall not sell, exchange or dispose of real property currently in use for public purposes without first obtaining the approval of a majority of the electors thereon and, therefore, the RECORD OF PROCEEDINGS 100 Leaves City Council desires to submit a question concerning the convey- ance of said parcel of the Rio Grande property for purposes of a performing arts center to the qualified, registered electors of the City, as hereinbelow provided; and WREREAS, pursuant to Ordinance No. 8 (Series of 1984), the City Council has approved the issuance of the fifteen-year, non- exclusive, revocable permit to construct, own, operate and main- tain a cable television system within the City of Aspen, Colorado, to Micro Cable Communications Corporation, a Washington corpora- tion, d/b/a Canyon Cable TV Corporation, a copy of which permit is appended to said ordinance, and, further, pursuant to the Aspen Cable Television System Ordinance, the City Council desires to refer a question concerning the approval of said permit to the electors, as hereinbelow provided; and WHEREAS, pursuant to Resolution No. 18 (Series of 1984), the City Council has called a special municipal election to be held on 'July 31, 1984, for the purpose of submitting questions with regard to the conveyance of a parcel of the Rio Grande property to Arts West Aspen and authorization to issue a cable television permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Special Municipal Election. That a special municipal election be held in the City of Aspen, Pitkin County, Colorado, on Tuesday, the 31st day of July, 1984, 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 questions contained hereinafter, pertaining to the conveyance of an of City-owned land, commonly known Arts West Aspen for the purpose of lng arts center and authorization to approximately 1.9 acre parcel as the Rio Grande property to constructing thereon a perform issue a cable television sys- 2 RECORD OF PROCEEDINGS 100 Leaves tem permit to Micro Cable Communications Corporation d/b/a Canyon Cable TV. Section 2. Questions to be Submitted. The following questions shall be submitted to a vote of the registered, qualified, electors of the City of Aspen, Colorado, at the aforesaid special municipal election: QUESTION NO. 1 (Conveyance of a portion of the Rio Grande parcel to Arts West Aspen): "Shall the City Council convey to Arts West Aspen, on terms mutually acceptable to the City Council and Arts West Aspen, an approximately 1.9 acre parcel of that property currently known as the Rio Grande property, abutting the easterly line of 300 North Mill Street, located in the City of Aspen, County of Pitkin, generally described as follows: A parcel of land bounded on the West by Mill Street, on the East by Galena Street extended, on the South by the alley in Block 86 (which alley may be widened at a future date), and on the North by Spring Street as it may be relocated at a future date, provided that the parcel shall be approximately 280 feet in a Northerly-Southerly direction and 271 feet in an Easterly-Westerly direction and will contain approximately 1.9 acres. Said conveyance shall be for the specific purpose of constructing thereon a performing arts center under terms and conditions approved by ordinance of the City Council. Conceptually, such conveyance will address the assumption of a promissory note cur- rently pertaining to said property and acquisition for conveyance to Arts West Aspen of that certain property, commonly known as 210 North Mill Street, Aspen, Colorado, currently used by Cap's Auto Supply. Additionally, the City Council will initiate such zoning legislation and subdivision proceedings as may be necessary to accomplish the conveyance and the construction upon said property of a performing arts center and accessory uses thereto. QUESTION NO. 2 (Authorization to issue cable television permit to Canyon Cable): "Shall the City Council be authorized to issue a fifteen (15) year, non-exclusive, revocable permit for the operation of a cable television system in the City of Aspen to Micro Cable Communica- tions Corporation, a Washington corporation, d/b/a Canyon Cable TV Corporation? Said permit shall be issued pursuant to Chapter 25 of the Municipal Code of the City of Aspen, Colorado, commonly known as the "Aspen Cable Television System Ordinance". The City has approved the terms and conditions of said permit pursuant to Ordinance No. 8 (Series of 1984). A copy of said ordinance and permit may be reviewed in the office of the City Clerk, City of Aspen, Colorado, or at the polling place." RECORD OF PROCEEDINGS 100 Leaves Section 3 There shall be one municipal election precinct for the aforesaid election, the boundary thereof to be the same as the boundary of the City. The polling place shall be at the Upper Elementary School Gym, 110 East Hallam, Aspen, Colorado. Section 4 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. Tile provisions for the registration of electors and for vot- ing by absentee ballot on the questions shall be in accordance with the Colorado Municipal Election Law. QUESTION NO. 1 (Conveyance of a portion of the Rio Grande parcel to Arts West Aspen): "Shall the City Council convey to Arts West Aspen, on terms mutually acceptable to the City Council and Arts West Aspen, an approximately 1.9 acre parcel of that property currently known as the Rio Grande property, abutting the easterly line of 300 North Mill Street, located in the City of Aspen, County of Pitkin, generally described as follows: A parcel of land bounded on the West by Mill Street, on the East by Galena Street extended, on the South by the alley in Block 86 (which alley may be widened at a future date), and on the North by Spring Street as it may be relocated at a future date, provided that the parcel shall be approximately 280 feet in a Northerly-Southerly direction and 271 feet in an Easterly-Westerly direction and will contain approximately 1.9 acres. Said conveyance shall be for the specific purpose of constructing thereon a performing arts center under terms and conditions approved by ordinance of the City Council. Conceptually, such conveyance will address the assumption of a promissory note cur- rently pertaining to said property and acquisition for conveyance to Arts West Aspen of that certain property, commonly known as 210 North Mill Street, Aspen, Colorado, currently used by Cap's Auto Supply. Additionally, the City Council will initiate such zoning legislation and subdivision proceedings as may be necessary to accomplish the conveyance and the construction upon said property of a performing arts center and accessory uses thereto. QUESTION NO. 2 (Authorization to issue cable television permit to Canyon Cable): "Shall the City Council be authorized to issue a fifteen (15) year, non-exclusive, revocable permit for the operation of a cable television system in the City of Aspen to Micro Cable Communica- tions Corporation, a Washington corporation, d/b/a Canyon Cable TV Corporation? Said permit shall be issued pursuant to Chapter 25 4 RECORD OF PROCEEDINGS 100 Leaves of the Municipal Code of the City of Aspen, Colorado, commonly known as the "Aspen Cable Television System Ordinance". The City has approved the terms and conditions of said permit pursuant to Ordinance No. 8 (Series of 1984). A copy of said ordinance and permit may be reviewed in the office of the City Clerk, City of Aspen, Colorado, or at the polling place." On each voting machine there shall be spaces which will per- mit the elector to indicate his or her vote "FOR THE QUESTION" or "AGAINST THE QUESTION". Section 6 The election shall be held and conducted, and the votes cast on the questions aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and the declaration of the result of the votes cast at a general election of municipal law officers in the City of Aspen. Section 7 Notice of the election on the proposed questions as aforesaid shall be published in the Aspen Times, a newspaper published and of general circulation in the City of Aspen in the edition of said newspaper dated ~ /'~ ~ , 1984, 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. Said notice shall be in substantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF PROPOSED QUESTIONS TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL ELECTION TO BE HELD JULY 31, 1984 PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to a Reso- lution of the City Council of the City of Aspen, Colorado, at the Special Municipal Election to be held in the City on Tuesday, July 31, 1984, between the hours of 7 a.m. and 7 p.m., and there will be submitted the following questions concerning the conveyance of a portion of the Rio Grande parcel to Arts West for the purpose of constructing thereon a performing arts center and authorization by the voters to issue a cable television permit: 5 RECORD OF PROCEEDINGS 100 Leaves QUESTION NO. 1 (Conveyance of a portion of the Rio Grande parcel to Arts West Aspen): "Shall the City Council convey to Arts West Aspen, on terms mutually acceptable to the City Council and Arts West Aspen, an approximately 1.9 acre parcel of that property currently known as the Rio Grande property, abutting the easterly line of 300 North Mill Street, located in the City of Aspen, County of Pitkin, generally described as follows: A parcel of land bounded on the West by Mill Street, on the East by Galena Street extended, on the South by the alley in Block 86 (which alley may be widened at a future date), and on the North by Spring Street as it may be relocated at a future date), provided that the parcel shall be approximately 280 feet in a Northerly- Southerly direction and 271 feet in an Easterly-Westerly direction and will contain approximately 1.9 acres. Said conveyance shall be for the specific purpose of con- structing thereon a performing arts center under terms and conditions approved by ordinance of the City Council. Con- ceptually, such conveyance will address the assumption of a promissory note currently pertaining to said property and acquisition for conveyance to Arts West Aspen of that certain property, commonly known as 210 North Mill Street, Aspen, Colorado, currently used by Cap's Auto Supply. Additionally, the City Council will initiate such zoning legislation and subdivision proceedings as may be necessary to accomplish the conveyance and the construction upon said property of a per- forming arts center and accessory uses thereto. Question No. 2 (Authorization to issue cable television per- mit to Canyon Cable): "Shall the City Council be authorized to issue a fifteen (15) year, non-exclusive, revocable permit for the operation of a cable television system in the City of Aspen to Micro Cable Communications Corporation, a Washington corporation, d/b/a Canyon Cable TV Corporation? Said permit shall be issued pursuant to Chapter 25 of the Municipal Code of the City of Aspen, Colorado, commonly known as the "Aspen Cable Televi- sion System Ordinance". The City has approved the terms and conditions of said permit pursuant to Ordinance No. 8 (Series of 1984). A copy of said ordinance and permit may be reviewed in the office of the City Clerk, City of Aspen, Colorado, or at the polling place." There election. School Gym, hours of 7 shall be one municipal election precinct for this The polling place shall be at the Upper Elementary 110 East Hallam, Aspen, Colorado, between the a.m. and 7 p.m. Those electors who are otherwise fully qualified to vote on the above questions and such other questions as Council may deem appropriate, 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 City Hall, for an absentee ballot, at any time during business hours on or before the 27th day of July, 1984. 6 RECORD OF PROCEEDINGS 100 Leaves The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns there- of shall be returned, canvassed and declared, as nearly as may be in the manner prescribed by law for the general elec- tion of municipal officers. IN WITNESS WHEREOF, the City.Council has ~used this notice to be given as of this //~"'-~ day of , 1984. ~ j Kathryn S. ~Sch City Clerk Published in: Published on: Dated: I, Kathryn S. Koch, , 1984." , 1984. William L. hereby certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on // day of ~ , 1984. Kathryn S.~;Koch, City Clerk the