Loading...
HomeMy WebLinkAboutordinance.council.014-82 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1982) AN ORDINANCE CONCERNING QUESTIONS TO BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, THE 15th DAY OF JUNE, 1982; DIRECTING THAT A QUESTION BE SUBMITTED TO QUALIFIED ELECTORS OF THE CITY OF ASPEN FOR THE PURPOSE OF APPROVING OR REJECTING A PROPOSED AMENDMENT TO SECTION 13.4 OF THE CHARTER, WHICH AMENDMENT WOULD REQUIRE VOTER APPROVAL PRIOR TO THE SALE AND/OR CHANGE IN USE OF PROPERTY OBTAINED FOR OPEN SPACE PURPOSES; RESERVING THE PREROGATIVE TO FURTHER SUBMIT TO A VOTE OF THE QUALIFIED ELECTORS AT SUCH SPECIAL ELECTION OTHER QUESTIONS CONCERNING THE EXCHANGE, SALE OR DISPOSITION OF CERTAIN PROPERTIES OWNED BY THE CITY OF ASPEN AND/OR THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE CONSOLIDATION AND ACQUISITION OF A SITE FOR A PERFORMING ARTS CENTER IN ACCORDANCE WITH THE RIO GRANDE MASTER PLAN; SETTING FORTH THE PROPOSED AMENDMENT; PROVIDING FOR THE PRECINCT AND POLLING PLACE; AND SETTING FORTH OTHER DETAILS IN REGARD TO SUCH ELECTION WHEREAS, Section 13.10 of the Charter of the City of Aspen provides that the Charter may be amended in a manner provided by the Constitution of the State of Colorado; and WHEREAS, the Constitution of the State of Colorado in Section 31-2-210, C.R.S. 1973, as amended, provides that the City Council of any home rule city, on its own initiative, may submit to the voters any Charter amendment at a general or special municipal election; and WHEREAS, pursuant to Section 2.2 of the City Charter of the City of Aspen any special municipal election may be called by resolution or ordinance of the Council at least sixty (60) days in advance of such election and the City Council desires to hold a special election on June 15, 1982, for the purposes hereinafter set forth; and WHEREAS, the City Council of the City of Aspen has determined it is in the best interest of the City of Aspen to submit to a vote of the electorate the question of whether Section 13.4 of the Charter of the City of Aspen should be amended, which amendment would require voter approval prior to the sale, exchange or dis- RECORD OF PROCEEDINGS 100 Leaves position of real property acquired for open space purposes, as well as for any change in use of property acquired for open space purposes, other than for recreational, agricultural or underground easement purposes; and WHEREAS, the City Council of the City of Aspen has approved a master plan for the Rio Grande parcel, which master plan provides for a site for a performing arts center; and WHEREAS, the City Council, in accordance with the Rio Grande master plan, is considering alternative ways to consolidate or set aside a site for the location of the performing arts center. Alternatives under consideration include the possibility of sell- ing or exchanging not more than a 10,000 square foot portion of land located in the northwest corner of that property currently owned by the City of Aspen and more commonly known as the Rio Grande Property, for that site currently owned by and commonly known as Cap's Auto Supply, Inc. or acquiring the aforesaid Cap's Auto Supply, Inc. site by eminent domain proceeding to be financed by appropriate bonds. WHEREAS, the City Council hereby determines to call a special municipal election and to initiate proceedings to amend the Char- ter of the City of Aspen. WHEREAS, the City Council desires to reserve its perogative to submit further questions to the voters at this special election with respect to the issues of the sale, exchange or disposition of other properties owned by the City of Aspen and/or the issuance of bonds for the purpose of financing the consolidation and acquisi- tion of a site for a performing arts center on the Rio Grande Par- cel. Such questions may, but not by way of limitation, include questions concerning the following transactions: RECORD OF PROCEEDINGS 100 Leaves 1. Dedicating a portion of the Thomas Property to the State Department of Highways for the purpose of realigning a portion of Highway 82. 2. Sale of the Wheeler Opera House. 3. Sale of the Castle Ridge Housing Complex. 4. Sale or exchange of a portion of the Rio Grande Property for the site currently owned and known as Cap's Auto Supply. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Special Municipal Election. That a special municipal elec- tion be held in the City of Aspen, Pitkin County, Colorado, on Tuesday, the 15th day of June, 1982, between the hours of 7 a.m. and 7 p.m. for the purpose of submitting to a vote of the regis- tered qualified electors of the City of Aspen, Colorado, the ques- tion contained hereinafter, and such other questions as may be submitted by the City Council concerning the sale, exchange or disposition of certain properties currently owned by the City and/or the issuance of bonds for the purpose of financing the con- solidation and acquisition of a site for a performing arts center in accordance with the Rio Grande Master Plan. Section 2 Questions to be Submitted: The following question, in addition to such other questions as the City Council may hereafter properly submit, shall be sub- mitted to a vote of the registered, qualified electors of the City of Aspen, Colorado, at the aforesaid special municipal election: Question No. 1: "Shall Section 13.4 of the City Charter of the City of Aspen, be amended by the repeal and reenactment of Section 13.4 as follows: RECORD OF PROCEEDINGS 100 Leaves Section 13.4. Restrictions on the sale or change in use of property. Council shall not sell, exchange or dispose of public build- ing, utilities or real property in use for public purposes, including real property acquired for open space purposes, without first obtaining the approval of a majority of the electors voting thereon. Additionally, the City Council shall not cause or permit the change in use of the real pro- perty acquired for open space purposes, other than for recre- ational, agricultural or underground easement purposes, with- out first obtaining the approval of a majority of the elec- tors voting thereon." Section 3 There shall be one municipal election precinct for this elec- tion, the boundary thereof to be the same as the boundary of the City. The polling place shall be at the Upper Elementary School Gym, 110 East Hallam, Aspen, Colorado. Section 4 The aforesaid special municipal election 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 Charter amendment and such other questions as the City Council may submit shall be in accordance with Colorado Municipal Election Law. Section 6 The votes at said election shall be registered on electronic voting machines at each of the polling places. Subject to the reservation that Council may submit such further questions as it deems appropriate, the ballot label with respect to the proposed Charter amendment shall read as follows: Question No. 1 "FOR AGAINST Shall Section 13.4 of the City Charter of the City of Aspen, be amended by the repeal and reenactment of Section 13.4 as follows: RECORD OF PROCEEDINGS 100 Leaves Section 13.4. Restrictions on the sale or change in use of property. Council shall not sell, exchange or dispose of public build- ing, utilities or real property in use for public purposes, including real property acquired for open space purposes, without first obtaining the approval of a majority of the electors voting thereon. Additionally, the City Council shall not cause or permit the change in use of the real pro- perry acquired for open space purposes, other than for recre- ational, agricultural or underground easement purposes, with- out first obtaining the approval of a majority of the elec- tors voting thereon." On each such voting machine there shall be spaces which will permit the elector to indicate his vote "FOR THE CHARTER AMEND- MENT'' or "AGAINST THE CHARTER AMENDMENT" and "FOR THE QUESTION" or "AGAINST THE QUESTION". Section 8 The election shall be held and conducted, and the votes cast on the questions 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 a general election of municipal officers in the City of Aspen. Section 9 Notice of the election on the proposed Charter amendment and ballot question as aforesaid shall be published in the Aspen Times, a newspaper published and of general circulation in the City of Aspen in the edition of said newspaper dated April 22, 1982, 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 THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 8, 1982 RECORD OF PROCEEDINGS 100 Leaves PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to an ordinance of the City Council of the City of Aspen, Colorado, at a special municipal election to be held in the City on Tuesday, June 8, 1982, between the hours of 7 a.m. and 7 p.m., there will be sub- mitted a proposed amendment to the Charter of the City of Aspen as follows: Shall Section 13.4 of the City Charter of the City of Aspen, be amended by the repeal and reenactment of Section 13.4 as follows: Section 13.4. Restrictions on the sale or change in use of property. Council shall not sell, exchange or dispose of public build- ing, utilities or real property in use for public purposes, including real property acquired for open space purposes, without first obtaining the approval of a majority of the electors voting thereon. Additionally, the City Council shall not cause or permit the change in use of the real pro- perty acquired for open space purposes, other than for recre- ational, agricultural or underground easement purposes, with- out first obtaining the approval of a majority of the elec- tors voting thereon." In addition, the City Council may submit such other questions as it may deem appropriate regarding the sale, disposition or ex- change of certan properties currently owned by the City of Aspen and/or the issuance of bonds for the purpose of financing the consolidation and acquisition for a performing arts center in accordance with the Rio Grande Master Plan. In the event that the City Council decides to submit such questions notice thereof shall be given as required by law. There shall be one municipal elec- tion precinct for this election. The polling place shall be at the Upper Elementary School Gym, 110 East Hallam, Aspen, Colorado, between the hours of 7 a.m. and 7 p.m. Those electors who are otherwise fully qualified to vote on the above question and such other questions as Council may deem appropriate, but who are or will be unable to appear at the poll- ing place on the date of the election, may apply in writing at the office of the City Clerk, at City Hall, for an absentee ballot, at any time during business hours on or before the {~ day of~.~. 1982. The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns thereof shall be returned, 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 /~. day of ~, 1982. Kathryn 8.~oo~, City Clerk Published In: Aspen Times Published On: /O , 1982 Dated: , 1982. RECORD OF PROCEEDINGS 100 Leaves In addition, in the event that the City Council decides to submit such other questions, notice thereof shall also be posted at each polling place within ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such notice. Section 10 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 11 A public hearing on the ordinance shall be held on the day of ~ , 1982, at 5:00 P.M. 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 ~ , 1982. ATTEST: FINALLY adopted, passed and approved this /~ _ day of RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) CERTIFICATE ) ss COUNTY OF PITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above ~nd forego.%ng ordinance was introduced, read in full, and passed~, on --~:e~ ' reading an a regular meeting of _ne City cit of As en on in the Aspen Time~ a w~ekly newspaper of general circul- ation, published in the Cir. y of Aspen, Colorado, in its and approw~d at a regular meeting of the City Council on .~__ , 19 .... anJ ordered pubiJshcd as Ordinance NO. . , Se.rios of 19 of said F~ty, as prov[.ded by law. IN WITNESS WHEREOF, i have hereunto set. m,, hand and the seal of said City of Asoen, Colorado, this ~ day of ~ 19~ Deputy City Clerk