HomeMy WebLinkAboutordinance.council.080-89 ORDINANCE NO ~/~ - ':~: ~-':~:
(Series of 1989) '
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO
BE HELD FEBRUARY 13, 1990, A QUESTION CONCERNING A PROPOSED
~ENDMENT TO SECTION 13.4 OF THE CITY CHARTER TO REQUIRE
TWO-THIRDS VOTER APPROVAL TO SELL, EXCHANGE, DISPOSE OF, OR
CHANGE THE USE OF LANDS ACQUIRED WITH SIXTH PENNY FUNDS
WHEREAS, pursuant to Section 5.7 of the City Charter, the
City Council desires to submit to the registered voters of the
City a question concerning an amendment to Section 13.4 of the
City Charter entitled "Restrictions on the sale or change in use
of property" to require two-thirds voter approval to sell,
exchange, dispose of, or change the use of lands acquired with
sixth penny sales tax funds.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That at the special election to be held in the City of
Aspen, Colorado, on Tuesday, February 13, 1990, there shall be
submitted to a vote of the registered electors of the City the
following question:
"Shall Section 13.4 of the Municipal Charter of the
City of 'Aspen, Colorado, be repealed and reenacted to
require two-thirds voter approval for the sale, change,
disposition of, or change in use of lands acquired with
sixth penny sales tax funds, such that Section 13.4 as
repealed and reenacted, would read as follows:
"Section 13.4 Restrictions on the sale or
change in use of property.
The following restrictions shall apply to the
sale, disposition, or change in use of real
property by the City Council:
(a) Council shall not sell, exchange or
dispose of public buildings, utilities
or real property in use for public pur-
poses, including real property acquired
for open space purposes, without first
obtaining the approval of a majority of
the electors voting thereon.
(b) Council shall not cause or permit the
change in use of real property acquired
for open space purposes, other than to
recreational, agricultural or under-
ground easement purposes, without first
obtaining the approval of a majority of
the electors voting thereon.
(c) In addition to the foregoing, with
respect to real property acquired after
the effective date of this amendment
with sixth penny sales tax revenues for
parks, trails or open space purposes,
Council shall not sell, exchange, nor
dispose of such property without first
obtaining the approval of two-thirds of
the electors voting thereon; nor shall
Council cause or permit the change in
use of such property, other than to
recreational, agricultural or under-
ground easement purposes, without first
obtaining the approval of two-thirds of
the electors voting thereon."
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
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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 , 19__, in the City Council Chambers,
Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of
, 19
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
, 19 .
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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