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HomeMy WebLinkAboutordinance.council.046-89 ORDINANCE NO. ~ (Series of 1989) AN ORDINANCE REPEALING SECTION 19-54, ARTICLE III, CHAPTER 19 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN AND REENACTING IT WITH AMENDMENTS TO REQUIREMENTS IN PROCEDURES FOR ISSUANCE OF PERMITS IN CERTAIN MONTHS RESTRICTED FOR CONSTRUCTION AND EXCAVATION IN THE PUBLIC RIGHT-OF-WAY WHEREAS, the City Council has been presented with various recommendations for the amendment of Article III, Chapter 19 of the Municipal Code of the City of Aspen and the City Council wishes to adopt the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 19-54, Article III, Chapter 19 of the Municipal Code of the City of Aspen, Colorado, be repealed and reenacted to read as follows: "Section 19-54. Issuance of Permit in Certain Month~ Restricted. No permit required by this division shall be issued for any construction or excavation within any paved roadway from November 1 through March 31, except in case of an emergency occasioned by a break or stoppage of any water, sewer, gas line, or other buried utility, and from June 15 through Labor Day weeked for the commercial core and Main Street corridor, except in case of an emergency occasioned by a break or stoppage of any water, sewer, gas line, or other buried utility or as otherwise recommended by the City Engineer and approved by the City Manager." Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 4 A public hearing on the ordinance shall be held on the day of ~ , 1989, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ ~D ORDERED PUBLISHED as provided by law by / the ~ty Council of the City of Aspen on the /~ ~-X~/day of  , 1989. _~f.-~ . · William L. Stirling, Ma~or ATTEST: Kathryn~.'K~h, City Clerk FINALLY adopted, passed and approved this ~~/day of ~ , 1989. William L. Stfrling, M~or ATTEST: Kathryn~ Koch, City Clerk 2