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HomeMy WebLinkAboutresolution.council.036-74RECORD OF PROCEEDINGS 100 Leaves ESOLUT ON NO. (Series of 1974) WHEREAS, the Aspen City Council did by its Ordinance 20, Series of 1973, establish a pedestrian mall through various streets within the city's commercial core, and WHEREAS, all the reasons given in the original legislation by the City Council for establishment of the mall apply with equal force to the areas of Galena street between Cooper and Hyman streets, and WHEREAS, the City Council wishes to establish and extend the pedestrian mall to include those areas of the Galena street between Cooper and Hyman streets pursuant to the procedures of the Public Mall Act of 1970, ~§ 139-89-1, et seq., of the 1963 colorado Revised Statutes, as amended, authorizing the establishment of such pedes- trian malls by the legislative bodies of cities and towns (including home rule cities) and WHEREAS, ~ 139-89-4 of said Act provides for the initiation of procedures by the adoption of a Resolution of Intention by the City Council declaring its intention to create the mall and the proposed method of so doing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Aspen City Council has determined and hereby declares that the public interest and convenience require the extension of the Aspen pedestrian mall and that vehicular traffic will not be unduly inconvenienced thereby. 2. The Aspen City Council does hereby declare its intention to extend its existent pedestrian mall in RECORD OF PROCEEDINGS 100 Leaves the City of Aspen, Colorado, pursuant to the authority and procedures contained in the Public Mall Act of 1970, ~§ 139-89-1 et seq., of the 1963 colorado Revised Statutues, as amended. 3. The portion of the public street within the City of Aspen to which the pedestrian mall is to be extended is that portion of Galena street lying between Cooper and Hyman streets. In addition the intersections of alleys 89 and 95 and Galena street shall constitute a part of the pedestrian mall. The proposed extension is more particularly described in the survey description attached hereto as Exhibit A and incorporated herein by reference. 4. It is the intention of the City Council to adopt an Ordinance prohibiting, in whole or in part, vehicular traffic on such pedestrian mall, except fire fighting equipment, ambulances, police vehicles, other emergency vehicles, and (by permit) service vehicles and those necessary for the handicapped. 5. In the event damages are actually allowed or awarded to any property owner by reason of the establish- ment of this extension to the pedestrian mall, such damages shall be paid at the time the amount thereof is finally determined, whether by agreement of the parties or by judgment of a court of competent jurisdiction, and shall be payable out of sales tax proceeds or other sources of revenue as the City Council may from time to time deem appropriate. It is not the intention of the City Council to levy assessments on lands that may be deemed benefited by the establishment of the mall extension or to issue -2- RECORD OF PROCEEDINGS 100 Leaves special assessment bonds to pay the compensation or damages allowed to property owners by reason of the establishment of the extension of the pedestrian mall. Following the establishment of the pedestrian mall improvements will be made from time to time to such mall. It is anticipated that these improvements will be accomplished either by city employees or by private contractors under agreement with the City, and that the same will be paid for in the same manner as claims prosecuted by reason of the establishment of the mall as hereinabove described. 6. Notice is hereby given that a public hearing will be held by the Aspen City Council at p.m. on , 197__, in the City Council Chambers, City Hall, Aspen, Colorado, to consider the establishment of the extension of the pedestrian mall. Written comment and oral presentations from abutting property owners and the public at large in favor of, or opposing, objecting to, or protesting the proposed pedestrian mall will be considered by the City Council at the public hearing. 7. Any person owning or having any legal or equit- able interest in any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall must file a written claim of damages, if any damages are to be considered or allowed, with the City Clerk of the City of Aspen, at any time prior to the first reading of the Ordinance establishing the pedestrian mall. Date Stacy Standley III Mayor RECORD OF PROCEEDINGS 100 Leaves I, Lorraine Graves, duly appointed and acting City Clerk, do hereby certify that the foregoing is a true and correct copy of that Resolution adopted by the Aspen City Council at its regular meeting held Lorraine Graves City Clerk