HomeMy WebLinkAboutordinance.council.014-05ORDiNANCE NO. 14
(Series of 2005)
AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDiNG SECTION 7.2(a) OF THE CITY OF ASPEN HOME RULE CHARTER TO
CHANGE THE JURISDICTION OF THE ASPEN MUNICIPAL COURT.
WHEREAS, the City of Aspen is a home rule municipal corporation duly organized and
existing under the laws of the State of Colorado and the City Charter; and
WHEREAS, Article XX, Section 6, of the Colorado Constitution grants to a home rule
municipality the power to define and regulate the jurisdiction of its municipal courts with respect to
matters of local and municipal concern; and
WHEREAS, Section 7.2 of the Aspen City Charter provides for the creation of the City of
Aspen Municipal Court; and
WHEREAS, Section 7.2 of the Aspen City Charter further provides that the Aspen
Municipal Court shall have "exclusive original jurisdiction of all causes arising under the
ordinances of the city and as maybe conferred by law;" and
WHEREAS, the Colorado Supreme Court in Town of Frisco v Baurn, 90 P.3d 845 (Colo.
2004), interpreted the Town of Frisco City Charter relating to the jurisdiction of its municipal Court
to require all C.R.C.P. 106(a)(4) appeals of City Council actions to be filed in the Town of Frisco
Municipal Court and not the Colorado District Court; and
WHEREAS, the Town of Frisco town charter reads almost identically to the language of the
City of Aspen city charter with respect to the jurisdiction of its municipal court; and
WHEREAS, the ruling of the Colorado Supreme Court changes the historic understanding
of the Aspen City Charter language relating to the jurisdiction of the Aspen Municipal Court; and
WHEREAS, the Aspen City Council does not desire to require its citizens availing
themselves of the Colorado Rules of Civil Procedure or state statutes granting jurisdiction to the
Colorado District Courts to file civil actions in the Aspen Municipal Court; and
WHEREAS, Section 13.10 of the Home Rule Charter authorizes the City Council to
propose amendments to the City Charter in accordance with the State Constitution; and
WHEREAS, the City Council desires to amend the Home Rule Charter as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That Section 7.2(a) of the Aspen Home Rule Charter shall be and hereby is amended to read as
follows:
(a) Municipal judge. There shall be a municipal court vested with exclusive original
jurisdiction of all criminal and traffic causes arising under the ordinances of the city and as
may be conferred by law. The municipal court shall be presided over and its functions
exemised by a judge appointed by the council for a specified term of no less than two (2)
years. The council may re-appoint the municipal judge for a subsequent term or terms,
except that the initial appointment may be for a term of office, which expires on the date of
the organizational meeting of the council after the next general election. Any vacancy in the
office of the municipal judge shall be filled by appointment by the council for the remainder
of the unexpired term. The municipal judge shall be an attorney-at-law admitted to practice
in the State of Colorado.
Section 3.
This ordinance shall become effective on May 4, 2005, provided that the electors of the City
approve the same at the general municipal election on May 3, 2005.
Section 4.
That 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 5.
That this ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances amended
as herein provided, and the same shall be construed and concluded under such prior ordinances.
A public heating on the ordinance shall be held on the 14th day March, 2005, 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 28th day March, 2005.
ATTEST:
FINALLY adopted, passed and approved this 14
ATTEST:
Kathryn S7 KochTty Clerk