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ORDINANCE #31
(Series of 2007
AN ORDINANCE OF THE CITY COUNCIL CREATING AN OPEN SPACE AND
TRAILS BOARD, DESCRIBING THE COMPOSITION, TERM AND
QUALIFICATIONS OF COMMISSION MEMBERS, AND THEIR POWERS AND
DUTIES
WHEREAS, the City Council created an initial Open Space Acquisition Board by
Resolution No. 108, Series of200l, and
WHEREAS, the Open Space Acquisition Board has been meeting and making
recommendations to City Council about open space purchases and trails for the past six
years, and
WHEREAS, to better reflect the mission, the Board was renamed the Open Space
and Trails Board
WHEREAS, staff and the Board recommend making this a permanent board.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That the City of Aspen Open Space and Trails Board is hereby established as
follows:
A. Qualifications: Five (5) members and one (1) alternate shall be appointed
by the City Council. The Board appointments shall be as follows:
1. One (1) shall be a member of the Pitkin County Open Space Board
and shall be a qualified elector of the City for at least one (1) year prior to the time of
appointment. Ifno member of the Pitkin County Open Space board is a qualified elector
of the City of Aspen for at least one year, or no such person desires to serve on the Aspen
Open Space Acquisition Board, then this member shall be qualified as set forth below at
subsection 2.
2. Four (4) members and one (1) alternate shall be qualified electors
ofthe City for at least one (1) year prior to the time of appointments.
B. Term of Office. Each member shall be appointed for a term offour (4)
years.
C. Meetings. Meetings of the Open Space Acquisition Board shall take place
at least four (4) times per annum. Meeting dates shall be set and schedule by the Board
and publicly posted.
Section 2:
That the City of Aspen Open Space and Trails Board shall have the following
powers and duties:
A. Establish priorities and criteria for Council acquisition of open space.
B. Review open space elements of comprehensive master and area plans
including the most recently adopted Aspen Area Comprehensive Plan and the City of
Aspen Greenfrastructure Plan, making recommendations to the council concerning any
open space related changes to plans.
C. Make recommendations to the City Council for the acquisition of specific
fee interests, options, easements or other interest in real property by expenditures from
the Open Space Fund.
D. Establish relationships with local and regional land trusts to more
effectively discharge Board responsibilities.
E. Conduct all meetings of the Board in an open and public setting, except
that executive sessions may be convened in accordance with state law and the Aspen
Municipal Code.
Section 3:
This Ordinance shall not affect 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 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
A public hearing on this ordinance shall be held on the 13th day of August 2007, at a
meeting of the Aspen City council commencing at 5:00 p.m. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, seven days prior to which hearing a public
notice of the same shall be published in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 23rd day of July, 2007.
ATTEST:
FINALLY adopted, passed and approved on this13th day of August 2007.
Attest: