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ORDINANCE NO.1
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MASTER DEED RESTRICTION
AGREEMENT FOR OCCUPANCY AND RESALE OF THE MOORE FAMILY
PROJECT OF THE MOORE FAMILY PLANNED UNIT DEVELOPMENT.
WHEREAS, the Board of County Commissioners (BOCC) of Pitkin County,
Colorado, granted subdivision approval of the Moore Family Plarmed Unit Development
(Moore Family PUD) by adopting Resolution Numbers 95-30 and 98-57, and required
the condition that the James E. Moore Family Partnership, LLLP, enter into a Master
Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project
(Agreement) with the AspenlPitkin County Housing Authority, and the Agreement was
made and entered into on August 10, 1998; and,
WHEREAS, on June 28, 1999, City Council adopted Ordinance No. 24, Series of
1999, (the Ordinance),which approved the armexation of the Moore Family PUD; and,
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WHEREAS, the Aspen School District, on behalf of the James E. Moore Family
Partnership, LLLP, requested a substantive amendment to the Agreement (Ordinance No.
49, Series of 1999) to change four housing policies for the affordable housing units
earmarked for the School District; and,
WHEREAS, on December 6, 1999, City Council denied Ordinance No. 49,
Series of 1999, by a vote offour to one (4-1); and,
WHEREAS, the Aspen School District, has modified its request to change one
housing policy in the Agreement and has requested a substantIve amendment to the
Agreement; and,
WHEREAS, the Community Development Department has received and provided
referral comments from the Housing Authority and advisory recommendations from the
Housing Board and BOCC; and,
WHEREAS, the City Council finds that the spirit and intent of Ordinance 24, Series
of 1999, is furthered by the adoption of this Ordinance and that the changes to the Master
Deed Restriction for Occupancy and Resale of the Moore Family Project is in the best
interests of the City; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
The Moore Family PUD Master Deed Restriction for Occupancy and Resale of the Moore
Family Project, Exhibit B, Number 1 to be amended to contain the following provision:
Require an employee who works for the Aspen School District for less than
10 years from the time of purchase and who owns and occupies a "category
unit" to sell the unit within one year after terminating employment with the
Aspen School District. Aspen School District employees shall have the right
of first refusal to purchase the unit. This provision shall be considered void in
case of death or disability of the family member who is the Aspen School
District employee.
Section 2
All material representations and commitments made by the applicants pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
o unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation 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 conducted and concluded
under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 5:
A duly noticed public hearing on this Resolution shall be held on the 24th day of January,
2000, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 10th day of January, 2000.
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FINALi.;,adopted,passed and approved thidi. day of
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