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HomeMy WebLinkAboutordinance.council.074-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 74 (Series of 1975) AN ORDINANCE EXEMPTING THE POPCORN WAGON FROM THE FIRE RESISTIVE CONSTRUCTION REQUIREMENTS AND TOILET FACILITIES REQUIREMENTS OF THE UNIFORM BUILDING CODE; PROVIDED THAT TOILET FACILITIES ARE AVAILABLE; THAT ACCESSORY BUILDINGS COMPLY WITH THE CODE; THAT ALL OTHER HEALTH, ZONING, BUILDING AND FIRE CODES ARE COMPLIED WITH; THAT HISTORIC DESIGNATION OF THE STRUCTURE IS APPLIED FOR; AND THAT THE OWNER AND OPERATOR INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY LIABILITY BY REASON OF THE EXEMPTION GIVEN WHEREAS, the Aspen City Council is of the opinion that the Popcorn Wagon presently owned and operated by Unison Inc. has inherent antique value which enhances the City's commercial core historic district; is an adjunct to the Aspen malls and adds to the pedestrian mall experience; and is a feature of the town readily identified with the City by its winter and summer tourists, and WHEREAS, the Popcorn Wagon, because of its age and unique construction, cannot comply with some contemporary build- ing code provisions, more specifically fire prevention and sanitary facilities requirements, and WHEREAS, the City Council wishes to exempt compliance with these requirements provided certain conditions exist and as long as the Popcorn Wagon is located in an area and in a way so as to continue to add to the enjoyment of the downtown area, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 ?hat the fire resistive construction requirements of the Uniform Building Code, 1973 Edition, adopted by the City by Ordinance No. 9, Series of 1974, shall not be applied to the Popcorn Wagon owned and operated by Unison Inc., Serial Number 18931894 as long as the conditions and limitations herein RECORD OF PROCEEDINGS 100 Leaves specified shall continue or be satisfied. Section 2 That said Popcorn Wagon need not incorporate the toilet facilities required by said Uniform Building Code provided that the owner and operator demonstrate compliance with these require- ments by construction of the same in an accessory building, it- self complying with all requirements of the Uniform Building Code, or by showing to the satisfaction of the Building Inspector that access to such facilities owned by others is guaranteed by others. Section 3 Nothing herein shall exempt buildings accessory to the Wagon from complete compliance with relevant building code provisions; and as a condition of this grant of exemption the Popcorn Wagon shall, except as specifically enumerated in Sections 1 and 2 of this ordinance, comply with all health, building, zoning, fire and other ordinances of the City of Aspen or State of Colorado. Section 4 As a further condition for this grant, the owner of the Popcorn Wagon shall apply for and consent to the designation of the Wagon as an historic structure pursuant to Article IX of Chapter 24 of the Aspen Municipal Code. Section 5 ~othing herein shall be construed to permit occupation by the Wagon of public rights-of-way without procuring appropriate City Council permission, mall leases, vendor's contracts or such other authority as is required by local law. Section 6 All precautions shall be taken to make the Wagon as safe as possible, and the owner and operator of the Wagon shall, in -2- RECORD OF PROCEEDINGS 100 Leaves writing and as a condition of this grant, agree to indemnify and hold the City harmless from any and all claims or liability by reason of death, injury or property damage suffered by any person as a result of the exemption granted. Further, owner and operator must agree that if the City Council shall ever so require, she will obtain comprehensive public liability insurance covering property loss, bodily injury or death, in the amount of at least Five Hundred Thousand ~500,000.00) Dollars and designate the City as a co-insured under any such policy. Section 7 It is understood that this exemption may be revoked whenever the City Council shall determine that the conditions under which it was granted no longer exist, or that the public health, safety, welfare or convenience so require. Section 8 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 9 A public hearing on this ordinance shall be held on the 27th day of October, 1975, 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 o_3~A~en, at its regular meeting held October 14, 1975. ///~/J ATTEST. STA~ S~ANDLEY III, MA~ !CATHRYN ~. HAUTER, CITY CLERK ( RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED AND APPROVED ON 1975. ATTEST: KATHRYN S/~ HAUTER, CITY CLERK STATE OF COLORAD0~ ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~~ ~___, 197~--, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the.City of Aspen, Colorado, in its issue of ~~ /~ , 197 ~, and was finally adopted and approved at a regular meeting of the City Council on ~~ ~.~ , 197 ~ and ordered p~l~Shed as Ordinance No. ~ , Series of 197~5~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and ,the seal of said City of Aspen, Colorado, this ~~-~/ day of ~~-~/ , 197 ~ Kathryn S.~ Hauter, City Clerk