HomeMy WebLinkAboutordinance.council.031-83 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO.~_____
(Series of 1983)
AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FOR A GENERAL
FUND EXPENDITURE OF $600.00 IN FURTHERANCE OF THE SETTLEMENT OF
THE LAWSUIT OF AUGUST B. DOPPES V. NUMBER ONE MAIN CORPORATION;
THE CITY OF ASPEN; RED ROOF INNS, INC.; NUMBER TWO MAIN CORPORA-
TION; PYRAMID MANAGEMENT, INC.; AND JOHN DOE; AND DIRECTING AND
AUTHORIZING THE CITY ATTORNEY, ON BEHALF OF THE CITY OF ASPEN, TO
EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY TO EFFECTUATE A SETTLE-
MENT
WHEREAS, litigation in the matter of August B. Doppes v.
Number One Main Corporation; City of Aspen; Red Roof Inns, Inc.;
Number Two Main Corporation; Pyr~mi.d Management, Inc.; and John
Doe (Case No. 82 C 152) was commenced in County Court, County of
Pitkin, in or about July, 1982, seeking damages arising as the
result of the loss, damage, and destruction of "guest aid" room
safes installed at that City-owned property historically known as
the Plum Tree Inn, plus costs, interest and attorneys fees; and
WHEREAS, a settlement of the above-mentioned litigation has
been proposed in consideration of the sum of $1,800.00 to be paid
by Defendants to Plaintiff, with the City assuming a one-third
share in the amount of $600.00; and
WHEREAS, in consideration of the amount Plaintiff is seeking
in his Complaint, the two-thirds participation by the co-Defen-
dants, and the uncertainty of litigation, the City Attorney has
recommended that the aforementioned settlement is in the best
interest of the City of Aspen; and
WHEREAS, pursuant to Section 9.72 of the home rule Charter,
the City Council may make supplementation appropriations; and
WHEREAS, the City Manager has certified that there are avail-
able for appropriation revenues in excess of those estimated in
RECORD OF PROCEEDINGS 100 Leaves
the budget sufficient to make a supplemental appropriation of
$600.00; and
WHEREAS, the City Council, upon the recommendation of the
City Attorney and for the foregoing reason, deems it to be in the
best interest of the City to settle the above mentioned litigation
by contributing $600.00 as its one-third contribution to a total
settlement amount of $1,800.00, and to appropriate monies there-
for;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That upon the City Manager's certification that there are
current year revenues in the general fund available for appropri-
ation, the City Council hereby makes a supplemental appropriation
in the amount of Six Hundred Dollars ($600.00) for the City Attor-
ney's Office to be disbursed as the City's one-third share of the
settlement amount of $1,800.00 to be paid to Plaintiff in the
matter of August B. Doppes v. Number One Main Corporation; The
City of Aspen; Red Roof Inns, Inc.; Number Two Main Corporation;
Pyramid Management, Inc.; and John Doe (County Court, County of
Pitkin, Case No. 82 C 152), and the City Attorney is hereby auth-
orized and directed to execute, on behalf of the City of Aspen,
such documents as may be necessary to effectuate the aforesaid
settlement.
Section 2
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.
RECORD OF PROCEEDINGS 100 Leaves
Section 3
A public hearing on the ordinance shall be held on the
day of ~ , 1983, at 5:00 P.M. in
the City Counclf~l 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
, 198).
'Herm~an Edel, Mayo~'--~-
ehr~:S. Ko-ch, City Clerk-
FINALLY adopted, passed and approved on this /~-~ day of
1983.
Herman Edel, Mayor
ATTEST:
Kathr~n yKoC ; ity ler
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO )
ss CERTIFICATE
COUNTY OF PITKIN )
I, Kathryn S. Koch, .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~ouncil of the
City of Aspen on ~ ~ , 19:3, and published
in the Aspen Times a weekly newspaper of .general circulation
published in the City of Aspen· Colorado, in its issue of
~ 19~ and was finally adopted
and approved at a regular meeting of the City Council on
~ /3 19~ , and ordered published as
Ordinance No. ~ , Series of 19~ , 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 ~7
day
K~hr~: ~.~ Koch, City Clerk
S~ ~A~ L
Deputy City Clerk