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HomeMy WebLinkAboutresolution.council.013-82RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. /3 (Series of 1982) 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 JUNE 15, 1982, A QUESTION PURSUANT TO SECTION 13.4 OF THE CITY CHARTER REGARDING THE APPROVAL OF AN EXCHANGE OR SALE OF A PORTION OF THE RIO GRANDE PROPERTY FOR THE PURPOSE OF CONSOLI- DATING A SITE FOR THE LOCATION OF A PERFORMING ARTS CENTER, SHOULD THE CITY COUNCIL DEEM SUCH TRANSACTION TO BE IN THE BEST INTEREST OF THE CITY WHEREAS, pursuant to an agreement between James R. Trueman and Company and the City of Aspen, dated the 22nd day of March, 1973, and recorded at Book 274, Page 381 in the office of the Pit- kin County Clerk and Recorder, and that deed dated September 13, 1973, recorded at Book 278, Page 745 in the Office of the Pitkin County Clerk and Recorder the City of Aspen became and presently is the owner of that real property located in the City of Aspen, County of Pitkin, State of Colorado (abutting the easterly side of Mill Street), more particularly described in the aforesaid docu- ments, and commonly known as the Rio Grande Property; and WHEREAS, the City Council of the City of Aspen has approved a master plan for the Rio Grande Property (incorporated herein by this reference), which master plan provides for a site for a per- forming arts center on the Rio Grande Property and certain adjoin- ing property to be acquired by the City; and WHEREAS, in accordance with that deed dated September 21, 1976, and recorded at Book 316, Page 912 in the office of the Pit- kin County Clerk and Recorder, Cap's Auto Supply, Inc., a Colorado corporation, currently owns a portion of property adjoining the Rio Grande Property which the Rio Grande Master Plan has desig- nated as the location for a performing arts center. Such parcel is presently occupied by Cap's Auto Supply business and is com- monly known as 210 North Mill Street; and RECORD OF PROCEEDINGS Leaves WHEREAS, one of the alternatives under consideration for con- solidating and setting aside a site for the location of a perform- ing arts center is exchanging a portion of land located in the northwest corner of the Rio Grande Property comparable to and in return for the aforesaid parcel currently owned by Cap's Auto Supply, Inc. and occupied by Cap's Auto Supply business; and WHEREAS, Section 13.4 of the 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 voting thereon; and WHEREAS, pursuant to Section 13.4 of the City Charter the City Council desires to submit to the qualified, registered elec- tors of the City a question of whether or not a comparable portion of the northwest corner of the Rio Grande Parcel should be sold or exchanged with respect to the acquisition of that parcel currently occupied by Cap's Auto Supply, Inc., should the City Council desire that such transaction would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the special municipal election to be held in the City of Aspen, Colorado, on Tuesday, June 15, 1982, there shall be sub- mitted to a vote of the qualified, registered electors of the City, a question relating to the potential sale or exchange of a portion of the Rio Grande Property comparable in size and in re- turn for that site currently owned by Cap's Auto Supply, Inc., commonly known as 210 North Mill Street, for the purpose of con- solidating and setting aside a site for the location of a perform- ing arts center, all as further set forth below and as more parti- RECORD OF PROCEEDINGS 100 Leaves WHEREAS, one of the alternatives under consideration for con- solidating and setting aside a site for the location of a perform- ing arts center is exchanging a portion of land located in the northwest corner of the Rio Grande Property comparable~4~ size and in return for the aforesaid parcel currently owned by Cap's Auto Supply, Inc. and occupied by Cap's Auto Supply business; and WHEREAS, Section 13.4 of the 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 voting thereon; and WHEREAS, pursuant to Section 13.4 of the City Charter the City Council desires to submit to the qualified, registered elec- tors of the City a question of whether or not a comparable portion of the northwest corner of the Rio Grande Parcel should be sold or exchanged with respect to the acquisition of that parcel currently occupied by Cap's Auto Supply, Inc., should the City Council desire that such transaction would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the special municipal election to be held in the City of Aspen, Colorado, on Tuesday, June 15, 1982, there shall be sub- mitted to a vote of the qualified, registered electors of the City, a question relating to the potential sale or exchange of a portion of the Rio Grande Property comparable in size and in re- turn for that site currently owned by Cap's Auto Supply, Inc., commonly known as 210 North Mill Street, for the purpose of con- solidating and setting aside a site for the location of a perform- ing arts center, all as further set forth below and as more parti- RECORD OF PROCEEDINGS 100 Leaves cularly stated in the form of Ballot Label and Notice of Election hereinafter set forth. FORM OF QUESTION QUESTION NO. 2 In order to enable the City Council to consolidate acquisi- tion of and set aside a site for the location of a performing arts center in accordance with the Rio Grande Master Plan approved by the City Council, shall the City Council be per- mitted to sell or exchange a portion of the northwest corner of that property currently located in and owned by the City of Aspen and more commonly known as the Rio Grande Property (abutting the easterly side of Mill Street) comparable to and in return for that property currently owned by Cap's Auto Supply, Inc. and Occupied by Cap's Auto Supply business, more commonly known as 210 North Mill Street? This property exchange is only one of several alternatives under considera- tion by the City Council for acquiring and consolidating a site for the performing arts center in accordance with the Rio Grande parcel, and the City Council will fully evaluate the alternatives before making a final decision to consummate the exchange. Section 2 Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen shall be allowed to vote on the proposed question. Section 3 In accordance with Ordinance No. 14 (Series of 1982) there shall be one municipal election precinct for the election on the proposed question, 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, between the hours of 7:00 a.m. and 7:00 p.m. on June 15, 1982; the elec- tion shall be conducted in accordance with the provisions of Ordinance No. 14 (Series of 1982). Section 4 The votes on said question shall be registered on electronic voting machines at the polling place and the following shall be added to the Sallot Label: 3 RECORD OF PROCEEDINGS 1 O0 Leaves QUESTION NO. 2: "FOR AGAINST In order to enable the City Council to consolidate acquisi- tion of and set aside a site for the location of a performing arts center in accordance with the Rio Grande Master Plan approved by the City Council, shall the City Council be per- mitted to sell or exchange a portion of the northwest corner of that property currently located in and owned by the City of Aspen and more commonly known as the Rio Grande Property (abutting the easterly side of Mill Street) comparable to and in return for that property currently owned by Cap's Auto Supply, Inc. and occupied by Cap's Auto Supply business, more commonly known as 210 North Mill Street? This property exchange is only one of several alternatives under considera- tion by the City Council for acquiring and consolidating a site for the performing arts center in accordance with the Rio Grande parcel, and the City Council will fully evaluate the alternatives before making a final decision to consummate the exchange. Section 5 The election on the question shall be held and conducted, and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared in the same manner as nearly as may be provided by law for the return, canvass and declaration of the result of votes cast at the general election of municipal officers in the City of Aspen. Section 6 Notice of the election on the proposed question shall be published in the Aspen Times, a newspaper published and of general circulation 1982~/, a copy of within the City, in said city, in the edition of said newspaper dated 1982, and such notice shall be posted at each polling place at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such notice. Said notice shall, in addition to other notices with respect to the calling of a special municipal election, be in substantially the following form: 4 RECORD OF PROCEEDINGS 100 Leaves "PUBLIC NOTICE OF THE SUBMISSION OF A PROPOSED QUESTION TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION, TO BE HELD ON JUNE 15, 1982 PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to a resolution of the City Council of the City of Aspen, Colorado, at the special municipal election to be held in the City on Tuesday, June 15, 1982, between the hours of 7:00 a.m. and 7:00 p.m., there will be submitted a proposed question as follows: In order to enable the City Council to consolidate acquisi- tion of and set aside a site for the location of a performing arts center in accordance with the Rio Grande Master Plan approved by the City Council, shall the City Council be per- mitted to sell or exchange a portion of the northwest corner of that property currently located in and owned by the City of Aspen and more commonly known as the Rio Grande Property (abutting the easterly side of Mill Street) comparable to and in return for that property currently owned by Cap's Auto Supply, Inc. and occupied by Cap's Auto Supply business, more commonly known as 210 North Mill Street? This property exchange is only one of several alternatives under considera- tion by the City Council for acquiring and consolidating a site for the performing arts center in accordance with the Rio Grande parcel, and the City Council will fully evaluate the alternatives before making a final decision to consummate the exchange. The polling place shall Gym, 110 East Hallam, Aspen, a.m. and 7:00 p.m. be at the Upper Elementary School Colorado, between the hours of 7:00 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 City Hall, for an time during business hours on or before the a~e. ntee ballot at any.~2. ~ day o ~.~, 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 man- ner prescribed by law for the general election of municipal offi- cers. IN WITNESS WHEREOF, to be given as of this 1982. the City Council_has caused this notice /~ day of ~-/,~L~--~-~- , athryn S. ~ch, C~ty Clerk 1982". Published In: Aspen Times Published On: ~ Dated: ~ 5 RECORD OF PROCEEDINGS 100 Leaves I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colo- rado, at a meeting held ~~__~ , 1982.