HomeMy WebLinkAboutordinance.council.004-91
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ORDINANCE NO. ~
(Series of 19tr)-
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, DIRECTING THE SUBMISSION OF A PROPOSED ~1ENDMENT TO THE
ASPEN HOME RULE CHARTER TO A VOTE OF THE QUALIFIED ELECTORATE AT
THE MAY 7, 1991, MUNICIPAL ELECTION, SUCH AMENDMENT ADDING
RESTRICTIONS ON THE SALE OR CONVERSION OF CITY PARK, OPEN SPACE
OR TRAIL LANDS.
WHEREAS, the Pitkin County Parks Association has requested
that a proposed amendJnent to the Aspen Home Rule Charter be
placed before the electorate at the municipal election scheduled
for May 7, 1991; and
WHEREAS, an amendment to the Aspen Home Rule Charter may
only be effectuated by a majority vote of the electorate; and
WHEREAS, constitutional and statutory provisions governing
the procedure for a charter amendment require adoption by city
Council of an ordinance referring any charter amendment to a
public vote; and
WHEREAS, city Council has determined that the public inter-
est and welfare are best served by affording the citizens of
Aspen the maximum opportunity to vote on significant issues of
public interest; and
WHEREAS, a municipal election is presently scheduled to be
held on May 7, 1991, and that significant public funds would be
saved and the public interest significantly advanced by placing
the proposed charter amendment on the upcoming ballot as opposed
to scheduling a special election at some future date; and
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WHEREAS, unless the City Council adopts this measure as an
emergency ordinance, the proposed charter amendment will not be
able to be placed on the May 7, 1991, ballot due to insufficient
time and the citizens of Aspen shall be denied a timely vote on
the amendment; and
WHEREAS, City Council deems and declares that adoption of
this measure as an emergency ordinance is necessary for the
preservation of public property, health, peace and safety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
section 1
The City Clerk shall add to the May 7, 1991, municipal
election ballot for submission to the electors the following
proposed amendment to the Aspen Horne Rule Charter:
QUESTION NO.
A PROPOSED AMENDMENT TO THE HOME RULE CHARTER FOR THE CITY
OF ASPEN CONCERNING THE SALE OR CONVERSION OF PUBLIC PARK,
OPEN SPACE OR TRAIL LANDS BY THE ADDITION OF NEW CHARTER
SECTION l3.4.l.
Shall the Home Rule Charter of the city of Aspen be amended
by the addition of new Section l3.4.l, such new section
requiring that no municipally-owned park, open space or
trail lands shall be sold or converted to any non-recre-
ational use or purpose unless it is replaced with money or
park, open space, or trail lands of equivalent value, such
new Section l3.4.l to read as follows:
No park, open space or trail lands owned by the City and
dedicated to park, open space or trail uses or purposes when
acquired, whether by gift or by purchase with open space
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funds, shall be sold or converted to any non-recreational
use or purpose unless such park, open space or trail lands
are either replaced with other park, open space or trail
lands of equivalent value or with a deposit into the Land
Fund of the monetary value of the sold or converted lands.
Equivalent value shall be determined by the City Council
taking into consideration both monetary value and the park,
open space or trail values, as the case may be. city Coun-
cil shall publicly disclose the analysis supporting its
finding of equivalent value at least thirty days prior to
the election as called for in section l3.4 of this Charter
to approve or disapprove the sale or conversion.
section 2
This ordinance is being adopted pursuant to Section 4.ll of
the Aspen Horne Rule Charter and is declared by city Council to be
an emergency ordinance, the adoption of which is necessary to
preserve public property, health, peace and safety by preserving
the right of the electorate to exercise its elective franchise.
Section 3
Neither a public hearing nor first publication as provided
in Section 4.10 of the Aspen Home Rule Charter shall be required
for the adoption of this emergency ordinance.
Section 4
The city Clerk shall publish the emergency ordinance within
the (10) days after its final passage, or as soon thereafter as
possible.
section 5
This ordinance shall take effect immediately on the date of
final passage as specified herein.
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Section 6
The City Clerk shall cause notice of the election upon the
Charter amendment to be published no less than thirty (30) days
prior to the May 7, 1991, election and such notice shall contain
the full text of the proposed amendment.
Section 7
This ordinance shall not have any effect on existing litiga-
tion and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
construed and concluded under such prior ordinances.
section 8
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.
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INTRODUCED AND APPROVED on first reading the 25th day of
March, 1991.
William L. Stirling, Mayor
FINALLY APPROVED AND ADOPTED this day of
, 1991.
William L. stirling, Mayor
ATTEST:
Kathryn S. Koch, city Clerk
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