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Home My WebLink Aboutresolution.council.020-74RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. ~ (Series of 1974) A RESOLUTION SUBMITTING TO A VOTE OF THE QUALIFIED REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, A~o~o~C~AL MUNICIPAL ELECTION TO BE HELD ON TUESDAY , 1974, A PROPOSAL TO EXCHANGE A PARCEL OF LAND CONSTITUTING A PART OF THE RIO GRANDE PROPERTY FOR LAND ADJACENT THERETO. WHEREAS, the Aspen City Council has been tendered an offer consisting of substantially the following elements: 1. The City of Aspen would trade a tract fronting the extension of Spring Street on the Rio Grande Property for adjacent property owned by the Aspen One Company; and 2. That such a trade be contingent upon the sale by the Aspen One Company of the land on the Rio Grande Property to the U.S. Postal Service for construction of a post office with architectural approval of the new structure being submitted to a committee appointed by the City of Aspen; and WHEREAS, Section 13.4 of the Aspen Charter entitled "Restriction on Sale of Property" provides that council shall not sell, exchange or dispose of public real property currently in use for public purposes without first obtaining the approval of a majority of the electors voting thereon; and WHEREAS, the Charter, further, requires that on submission of a question to a vote of the people, such an election shall be held not less than 30 nor RECORD OF PROCEEDINGS 100 Leaves more than 90 days from the date of the final Council vote thereon, and that if no regular city election is to be held within the period prescribed, the Council shall provide for a special election; and WHEREAS, the Council wishes to submit the question of the sale of the public land to the electorate and do so at a special election to be held on Tuesday, October 1 , 1974, in the City of Aspen; 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, the 1st day of October , 1974, there shall be submitted to a vote of the qualified, registered electors of the City the following question as set forth below and as also stated in the form of Ballot Label and Notice of Election hereinafter set forth. FORM OF QUESTION QUESTION SUBMITTED: "Shall the City of Aspen engage in a land trade exchanging approximately 106,335 square feet of the Rio Grande Property for approximately 93,936 square feet of property owned by the Aspen One Company adjacent to the Rio Grande Property but fronting the Roaring Fork River, if the exchange is contingent upon the sale by the Aspen One Company of the land it receives in the trade to the U.S. Postal Service for the location of its new post office." -2- RECORD OF PROCEEDINGS 100 Leaves 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 The election on the proposed question will be held at the following polling places within the established precincts between the hours of 7 A.M. and 7 P.M. on Tuesday, October 1 , 1974, in the City of Aspen, Colorado: POLLING PLACES Precinct 1 - St. Mary's Catholic Church, 533 East Main Street Precinct 2 - Aspen Intermediate School, 110 East Hallam Street Precinct 3 - Villa of Aspen, 207 North Seventh Street Section 4 The election on the proposed 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 for registration of electors and for voting by absentee ballot on the question of the proposed question shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said election shall be registered (on voting machines) (on paper ballots) and the ballot label read as follows: FOR AGAINST "Shall the City of Aspen engage in a land trade exchanging approximately 106,335 square -3- RECORD OF PROCEEDINGS 100 Leaves feet of the Rio Grande Property for approxi- mately 93,936 square feet of property owned by the Aspen One Company adjacent to the Rio Grande Property but fronting the Roaring Fork River, if the exchange is contingent upon the sale by the Aspen One Company of the land it receives in the trade to the U.S. Postal Service for the location of its new post office." On each (voting machine) (paper ballot) there shall be (counters) (spaces) which will permit the elector to indicate his vote "FOR THE PROPOSED LAND EXCHANGE" or "AGAINST THE PROPOSED LAND EXCHANGE". The absentee votes cast at said election shall be registered upon paper ballots, which shall contain the same proposition relating to the question posed, and a space on the ballot which will allow each elector to place a cross mark (X) opposite the words expressing his or her choice, either "FOR THE PROPOSED LAND EXCHANGE" or "AGAINST THE PROPOSED LAND EXCHANGE". Section 7 The election on the question of the proposed land exchange 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 nearly 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 of the City of Aspen. Section 8 Notice of the election on the proposed land exchange shall be published in the Aspen Times, a -4- RECORD OF PROCEEDINGS 100 Leaves newspaper published and of general circulation in said City, in the edition(s) of said newspaper dated September 19 , , · 1974, 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 SUBMISSION OF A PROPOSED LAND EXCHANGE BY THE CITY OF ASPEN, COLORADO AT THE SPECIAL MUNICIPAL ELECTION October 1 ,1974 PUBLIC NOTICE IS HEREBY GIVEN, that pursuant to a Resolution of the City Council of the City of Aspen, Colorado, a Special Municipal Election will be held on Tuesday· the 1st day of October , 1974, between the hours of 7 A.M. and 7 P.M., and there will be submitted to the electorate the question of a proposed land exchange, more specifically: 'Shall the City of Aspen engage in a land trade exchanging approximately 106,335 square feet of the Rio Grande Property for approxi- mately 93,936 square feet of property owned by the Aspen One Company adjacent to the Rio Grande Property but fronting the Roaring Fork River, if the exchange is contingent upon the sale by the Aspen One Company of the land it receives in the trade to the U.S. Postal Service for the location of its new post office.' -5- RECORD OF PROCEEDINGS 100 Leaves The election on the 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 - Aspen Intermediate School, Precinct 3 - Villa of Aspen, 533 East Main Street 110 East Hallam Street 207 North Seventh Street 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 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 27th day of October , 1974. The votes cast shall be recorded on (voting machines) (paper ballots) and paper ballots shall be provided for absentee voters, and. said election shall be held, conducted and the returns thereof shall be made, 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 has caused this notice to be given as of this 8th day of July , 1974. ~ ~ Lorraine Graves City Clerk Published in the Aspen Times Published on September 19 , 1974." -6- RECORD OF PROCEEDINGS 100 Leaves Section 9 If any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, it being the intent that the various provisions hereof are severable. RESOI~UTION /ADOPTED AND APPROVED this ;2 day 0~ I~4.+/ , 1974. ~tacy Stwhdl/ey III .,=-__ / Mayor/ ~. / I, Lorraine Graves, duly appointed and acting City Clerk, certify that the foregoing resolution was adopted by the Aspen City Council meeting held Q ~ ~ ~' at its , 1974. Lorraine Graves City Clerk