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HomeMy WebLinkAboutresolution.council.018-81RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. 18 (Series o~ 1981) A RESOLUTION SUBMITTING TO A VOTE OF THE QUALIFIED REGISTERED ELECTORS OF THE CITY OF ASPEN, AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 5, 1981, A QUESTION PURSUANT TO SECTION 13.4 OF THE CITY CHARTER REGARDING THE APPROVAL OF THE SALE BY THE CITY COUNCIL OF APPROXIMATELY 4.0 ACRES OF CITY-OWNED REAL ESTATE AND THE IMPROVEMENTS SITUATED THEREON CURRENTLY KNOWN AS THE "PLUM TREE INN" LOCATED IN THE CITY OF ASPEN, COUNTY OF PITKIN, AT 22475 STATE HIGHWAY 82 WHEREAS, the City Council of the City o~ Aspen, Colorado, has determined that it is in the best interests of the City of Aspen to offer for sale that parcel of City-owned real estate consisting o~ approximately 4.0 acres and the improvements situated thereon located in the City of Aspen, County of Pitkin, at 22475 State Highway 82, currently known as the Plum Tree Inn, a survey of which is annexed hereto, and WHEREAS, the City Council has determined that an appropriate use of said property is the private development of public golf support facilities in con3unction with the development of units intended for general use as short-term tourist accommodations, and WHEREAS, Section i3.4 of the City Charter provides that the City Council shall not sell, exchange or ~ispose of real property currently in use for public purposes without first obtaining the approval of a ma3ority of the electors 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 concerning the sale of the property and the use for which the property will be utilized, including the appropriate rezoning necessary to facilitate such use, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: RECORD OF PROCEEDINGS 100 Leaves Section 1 That at the general e±ection to be held in the City of Aspen, Colorado, on Tuesday, May 5, 1981, there shall be submitted to a vote of the qualified~ registered electors of the City a question relating to the sale by the City Council of approximately 4.0 acres of City-owned real estate and the improvements thereon cur- rently known as the "Plum Tree Inn" located in the City of Aspen, County of Pitkin, at 22475 State Highway 82, all as further set forth below and as more particularly stated in the form of Ballot Label and Notice of Election hereinafter set forth. FORM OF QUESTION QUESTION SUBMITTED: Shall the sale by the City Council of that property consist- ing of approximately 4.0 acres and its improvements, current- ly known as the Plum Tree Inn, located at 22475 State Highway 82 in the City of Aspen, County of Pitkin, State of Colorado, at a purchase price of not less then 2.5 million dollars, be approved pursuant to Section 13.4 of the City Charter. Conceptually, the City Council will negotiate a sale which will permit the private development of units intended for general use as short-term tourist accommodations in con3unc- tion with the construction of public golf support facilities. The Purchaser and his successors and assigns would be permit- ted to replace the tourist accommodation area at the Plum Tree Inn with a total of not more than fifty (50) bedrooms (the number of lodge bedrooms currently at the Plum Tree Inn). The Purchaser would not be permitted to expand the square footage of the existing Plum Tree Inn structure. Should any further development be sought by the Purchaser or his successors and assigns, approval for such further devel- opment must be obtained from a majority of the electors vot- ing thereon, and the necessary allotment for any additional units must be obtained pursuant to the Growth Management Quota System. The City Council will enact such zoning legislation as may be necessary to accomplish the terms of the sale. The proceeds of the sale must and will be utilized to retire debt in accordance with prior bond sales. 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. RECORD OF PROCEEDINGS 100 Leaves Section 3 The election on the proposed question wiim be held at the following polling places within the established precincts between the hours of 7 A.M. and 7 Aspen, Colorado; P.M. on May 5, 1981, in the City of Precinct ± Precinct 2 Precinct 3 Precinct 4 Precinct 5 Section 4 The election on the proposed POLLING PLACES St. Mary's Catholic Church Chateau Dumont Conference Center Upper Elementary School Gymnasium - Aspen Center ~or Physics Plum Tree Inn question 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 ~or 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 as said election shall be registered on electronic voting machines "FOR at each of the polling places; AGAINST Conceptually, the City Council will negotiate a sale which will permit the private development of units intended for general use as short-term tourist accor~odations in con]unc- tion with the construction of public golf support facilities. The Purchaser and his successors and assigns would be permit- ted to replace the tourist accommodation area at the Plum Tree Inn with a total o~ not more than fifty (50) bedrooms (the number of lodge bedrooms currently at the Plum Tree Inn). The Purchaser would not be permitted to expand the square footage of the existing Plum Tree Inn structure. Shall the sale by the City Council of that property consist- ing of approximately 4.0 acres and its improvements, current- ly known as the Plum Tree Inn, located at 22475 State Highway 82 in the City of Aspen, County of Pitkin, State of Colorado, at a purchase price of not less than 2.5 million dollars, be approved pursuant to Section 13.4 of the City Charter. RECORD OF PROCEEDINGS 100 Leaves Should any further development be sought by the Purchaser or his successors and assigns, approval ~or such further devel- opment must be obtained from a majority of the electors vot- ing thereon and the necessary allotment for any additional units must be obtained pursuant to the Growth Management Quota System. The City Council will enact such zoning legislation as may De necessary to accomplish the terms of the sale. The proceeds of the sale must and will be utilized to retire debt in accordance with prior bond sales. On each such voting machine there shall be spaces which will permit the elector to indicate his vote "FOR THE QUESTION" or "AGAINST THE QUESTION". Section 7 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 and as near- ly as may be provided by law for the return, canvass and the declaration of the result of votes cast at the general election of municipal officers in the City of Aspen. Section 8 Notice of the election on the proposed Charter ~endment shall be published in the Aspen Times, a newspaper published and of general circulation in said City, in the edition of said news- paper dated ~ ~ ~,~ ~ ~O , 1981, 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 A PROPOSED QUESTION TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT THE GENERAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to an Resolution of the City Council of the City of Aspen, Colorado, at the 4 RECORD OF PROCEEDINGS 100 Leaves General Municipal Election to be held in the City on Tuesday, May 5, 1981, between the hours of 7 A.M. and 7 P.M., and there will be submitted a proposed question as follows: Shall the sale by the City Council of that property consist- ing of approximately 4.0 acres and its improvements, current- ly known as the Plum Tree Inn, located at 22475 State Highway 82 in the City of Aspen, County of Pitkin~ State of Colorado, at a purchase price of not less than 2.5 million dollars, be approved pursuant to Section 13.4 of the City Charter. Conceptually, the City Council will negotiate a sale which will permit the private development of units intended for general use as short-term tourist accommodations in con3unc- tion with the construction of public golf support facilities. The Purchaser and his successors and assigns would be permit- ted to replace the tourist acco~nodation area at the Plum Tree Inn with a total of not more than fifty (50) bedrooms (the number of lodge bedrooms currently at the Plum Tree Inn). The Purchaser would not be permitted to expand the square footage o~ the existing Plum Tree Inn structure. Should any further development be sought by the Purchaser or his successors and assigns, approval of such further devel- opment must be obtained from a majority of the electors vot- ing thereon and the necessary allotment for any additional units must De obtained pursuant to the Growth Management Quota System. The City Council will enact such zoning legislation as may De necessary to accomplish the terms of the sale. The proceeds of the sale must and will be utilized to retire debt in accordance with prior bond sales. The election on the proposed question will be held at the following polling places between the hours of 7 A.M. and 7 P.M.: POLLING PLACE Precinct 1 - St. Mary's Catholic Church Precinct 2 - Chateau Dumont Conference Center Precinct 3 - Upper Elementary School Gymnasium Precinct 4 - Aspen Center for Physics Precinct 5 - Plum Tree Inn 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 County Clerk, at the County Court- 5 RECORD OF PROCEEDINGS 100 Leaves house, for an absentee Dallot, at any on or before the /~ day of ~, The votes cast shall be recorded election shall be held, conducted and the returns thereof shall returned, canvass ed and declared, as nearly as may be in the manner prescribed by law for the general election of municipal off icers. IN WITNESS WHEREOF, the City Council has caused this notice to be given as of this 3~ day of ~~ , 1981. City Clerk time during Dusiness hours, 1981. on voting machines and said be Published in: Aspen Times Published~'~°n~ ~ ~ , 1981." Dated: ~~-~ , 1981. I, Kathryn $. Koch, hereby certify that the foregoing is a Kathryn S~ ~och City C£e~k true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the JO day of ~ , 198i.