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Home My WebLink Aboutpublication.date.01022011- Admin Thu, Dec 23, 201 -0 - 13:17:13 5989520 Ad Ticket #5 Acct: 1013902 Nam , ..e. Pitkin County Finance(Legal) Phone: (970)920 -5223 Address: 530 E Main ST 2nd Fl E -Mail: Client: Caller: Jeanette Jones Ci Aspen _ Receipt State: CO Zip: 81611 Ad. Name: 598952 Original Id: 0 Editions: 8ATI /8ATW Class: 0990 Start: 01 /02/11 Stop: 01/02/11 Color: Issue 1 Copyline: 5980520 atw 0.O #1'0 °Rep• AT Legals .rrr..r.......w...V.eww_._. rr - ..s:�....w..wnw...t....s�.._.,. mcrerwacr w..mraso..amwrorRwsawa ow a-w..r • �x" t �`�4•..�iL�.s'ti_. .:.�c- s�.�r• asp ::- :'�:rs,'cx:'r�:.�trx... -.- Lines: 145- ,. •Lr1.... rcn..r_,r. Yrr..iYrY.M.w.�.r rw.rr.1_.Jw««r..Yr.+mY.. YY..Y •�_ _ L>•. rY.— rr�r .w..r..f.rw..C-r4rOr_wri..r. -- Mrlf-•...r.. r._Y •Or...r.�l =r• _.- i. rr�_.. �_. M. iY. r..►.. 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STATE OF COLORADO, COUNTY OF PITKIN .3 1, V DIATNIWPENALTEB At NYdI.Nrywldli diiw«M GW tRyOMwdr.wwFww it MYe.«MYMLYNFwwOW M/M wMAndra�w erwww WCwprbl er P«�.� ,= FN h yw w w r r wwtY A ►ww dwYil «hY ye/ eM +dNNw Cwwr CwR "on .1:Z YMlwwrrY 40 dud br 44.: :: ewy NRY":1? "'" WY�Id M CrwM M.wY MIM«wIr CAE. I, Jenna Weatherred, do solemnly swear that I am a Publisher Y}lgpyE �p RJq TIE80IOE 6 N AOOFROIINERWO ONT.. N.D. OF DECEMBERS / AND BET FOR SECOND REMIND AND KRIM HEANNR ON TIE LIAR DAY OF JAMMRY 4 01 of the ASPEN TIMES WEEKLY that the same weekly A� YALEE M ETEREENDY 000I NICEADTITWINATHE° y RI6�IWFOFi10REF//E1R.1Ll EB F PI W OFO YF�E11 ALMS, TO l E VA 111 T /MEDI WATER AND POWER A THO M T Y MO THE RUEDII HYYDRROE ECTRICC newspaper printed, in whole or in part and published in ORDINANCE Nl.___4010 I.. IRI Film CRMF.4MC.dAmen rmw.rr•whIdb4BeWwwwPF Aywwrmre..N.t. rM W.4e r am, M Rob AuFMy weMCRC«ny WYr TNRm• the County of Pitkin, State of Colorado, and has a general MFwr. . rbmw ..d.wF�H.YYFr.N.W ".wN�N,w,r 4.WMw M R• PA.•n P44rr an. riMegMerwww^rlwrrrlNy4MwwywrANM swPYSMM YI MC01 .y M wVelwll...M wYNwwo N M YFOWYLFpIW h..Mewe M CYy NAww circulation therein; that said newspaper has been published ...,,. peenFwO The MCC .nes continuously and uninterruptedly in said County of Pitkin F .- _ �N M� FE11C w4yPmwNN/lueet+wsWY "M• wpdr r mapbMMOFMwMleiswnE lowwwrwuYMw«Wby MCewN W • •G •NI51n Aryd ery and J Remo. MR.NR YmNpKMN for a period - of more than fifty -two consecutive weeks next AmY�,wwWA.....rNdRyN.At. ▪ O•••11.wrr, I er •• bN=�� .RMIPWw CMWwryhdlbMRrr lyt..lrte.p PlN«1Y Ea Cewy n««Mdrw svwlYy rl.wN w «O F.A N M /rywY pMw r ryrewrM Bwblm. tryeuy prior to the first publication of the annexed legal notice or 7. M y Y ;� .::"'y «' ..PnVwb.YM MCrwY wn MVKy.YA.m.R .•m W.mwprweM wdwdMFERC I.rrebMGyN E lY.4MNMtlebwrm.wM4b,WMCA.Y�ep CA.V�tbelyw.l NNIMeWwYNp rNeYN1Y.,OwrullWwNPAM Cerrdrr Wl/M.MFMIW /Y'1wbe.tl• advertisement. P.,mt O+YGM Dee{ W Arr PrYiw W Awlprr dtgm AamrrrwY/7Mfew.IPlsr4ry M D.wy Am.rY• B.IM BOCCtiiM Nei rWnwwr.p..rY EaEn mon. f.r iwdreptlsA.pNt . dNrNwYWPNM.Nww NFWr CewyWhtN.w Mims Or WiwwW b�N. r dMr mwr. PAr C ew'y Nr. fW CY.Mted.n i1t t r/NENt/OR MM.14N GwwbYwrwdPNM Gwy C•eln.4eMI PW M E gl ewwiwrmw rWia4«MQFir( «RWAJeYyr.lb wmuw.F.em...w 1Mwrm, wepesw l:pny N ewry. pdrNMtmY«d MrMq�Cwwy ca. 4M Rwd INMMmie Iwjerr Ca'y Y Amw m de 4wm. INIRODUCEO AND MOPTEO AT THE REDAAR YEETROO"TIE AM DAY OF DECENEER NW AND SET FOR CONFIRMATORY READING AND PUBLIC IEYWD ON THE 11. DAY OF JANUARY That the annexed legal notice or advertisement was published , OF FINN APPRO. BYTIi WARD OF COUNTY W W.TtIt1NERt AT TIE FM I area M. YAW PUN •L1wMHEi: To rBeW.Y R.ed.leAw Dam. Mt in the regular and entire issue of every number of said daily " N « � ' y " i ° F " banns• [ ' , N"T"'"""rto "n`°"° Y Pa Ye�iy..w i�SMMePidCwwr CwwMwrPd KM Cwwy CR.b. Nrins.. Mood' Y•Emadm YwMewra.... ...ad b M bmwMPrler Nwn CSwy 0 . CrwPrI.NNIA,IKOAWmRrMTMet' le Nu.. Con.* re. Ar.r.Ar M'Cwe.rv.'w .B.niP 1. FKt newspaper for the period of 1 consecutive insertions; and rw.,�„„e.,,w;; :;„P and ""= ""P"M"' leRwar �a° '°' W.. .,�N "M.dd .PHw ▪ w. *: that the first publication of said notice was in the issue of said N YNw a wmI M NH.. IIInI•' F.1 al Caw. Cwnwi.ibwl. W JsYMir. F«iW Wow. 416 Re Omdl M.., hum CNw.YBRtt •dim R7R D04788 Fap7011204781 newspaper dated 1/2/2011 and that the last publication of said wJwrY E 2014 notice was in the issue of said newspaper dated 1/2/2011. In witness whereof, I have here unto set my hand this '02/03/2011. t ._C Jenna Weat erred, .hs - Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 02/03/2011. is n- w' r mg , - V ary Bor enhagen, otary ' u . My Commission expires: August 27, 2011 ' �iYf"iJ YI • ! WARY E. aORKENMAGEN} It My Commission Expires 08'2712011 PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: * Unless otherwise notified all regular and special meetings will be held in the Board of County Commissioners, Plaza One Conference Room, 530 E Main St, Aspen *All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at htto: / /www.asper1pitkin,com or call 920 -5200 for meeting times for special meetings. * Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours (8:30 - 4:30) in the Clerk and Recorder's office, 530 East Main Street. Suite 101, Aspen. Colorado 81611. NOTICE OF PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY, JANUARY 12, 2011: The following liquor license application: Dagmar Deanna Ruiz d/b /a Snowmass Spirits, has requested the licensing officials of Pitkin County to grant a Transfer of Ownership Liquor License to dispense malt, vinous & spirituous liquors not for consumption • on the premise at 26808 Highway 82, Snowmass, Colorado 81654. Petitions and remonstrances may be filed with the Pitkin County Clerk at 530 East Main Street, Suite 101, Aspen, Colorado, 81611. The following Ordinances: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO PROHIBITING THE CONSUMPTION OF ALCOHOL ON UNLICENSED PUBLIC PREMISES FOR THE DURATION OF THE 2011 WINTER X -GAMES ORDINANCE NO. - 2011 RECITALS 1.Section 30 -35 -301 C.R.S. authorizes Home Rule counties to make and publish ordinances to discharge the powers conferred upon such counties by law. Pitkin County is a Horne Rule County. 2.Section 30 -25 -402, C.R.S. specifies that any person who violates any county ordinance commits a Class 2 Petty Offense and that a penalty assessment procedure shall be followed it specified by the county ordinance. 3.The purpose of this Ordinance is to regulate the possession and consurnption of alcoholic beverages in public places within Pitkin County for the duration of the 2011 Winter X -Games events, which are held at Buttermilk Mountain, Aspen. 4. In the past, public conduct related to inebriated persons presenting at the Winter X -Games created numerous problems. S.The BOCC has adopted ordinances prohibiting possession and consumption of alcoholic beverages on unlicensed public premises throughout the County for the duration of the Winter X -Games since the year 2008, which has led to a significant reduction in alcohol related incidents at the events. Therefore, the County will once again enforce this regulation for the duration of the 2011 Winter X- Games, including practice sessions during the week prior to the opening of the games. The 2011 Winter X -Games will be held from January 27 -30, 2011. Practice sessions typically begin early in the week prior to the opening of the games. 6. This Ordinance applies to Pitkin County in its entirety, including any shuttle parking lots established for the events as persons have been known to consume alcohol both at the event venue itself and at various public locations throughout the County prior to arriving at the event venue. 7. The Board finds that it is unlawful to consume malt, vinous, or spirituous liquor in any public place except on any licensed premises pursuant to C.R.S. § 12-47 -901. 8. This Ordinance becomes effective on January 23, 2011 and it will sunset at 12:01 a.rn. on January 31, 2011. 9. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts and enacts the following regulations pertaining to the public consurnption of rnalt, vinous or spirituous liquors in public places. This Ordinance shall be effective beginning January 23, 2011 and shall sunset and repeal without further action of the Board of County Commissioners of Pitkin County. Colorado at 12:01 a.m. on January 31, 2011. PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL ON UNLICENSED PREMISES 1. DEFINITIONS A) For purposes of this Ordinance alcoholic beverages means any fermented malt beverage or any malt, vinous or spirituous liquors as defined under the Colorado Liquor Code. B) For purposes of this Ordinance container means any enclosing structure or vessel including but not limited to decanter, flask, bottle, jar, thermos, bottle, cup, can, jug or hydration vessel. C) For purposes of this Ordinance public place means: 1) In or on any public highway, street, walkway, parking lot, building, park, open space or other public property, whether in a vehicle or not. 2) In or on those portions of any private property upon which the public has an express or implied License to enter or remain. 3) In or on any other private property without the express or irnplied permission of the owner or person in possession and control of such property. 4) In any vehicle whether the vehicle is traveling upon public or private highways and roads within Pitkin County or parked in any location. 0) For purposes of this Ordinance, opened container means any container other than the original closed container as sealed or closed for sale to the public by the manufacturer or bottler of the liquor or beverage. If an original container has been unsealed or opened in any manner it is considered an open container for purposes ot this section. 2.POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES PROHIBITED A) No person within Pitkin County shall possess an opened container of, or consume any malt, vinous, or spirituous liquor or fermented malt in a public place, except in premises licensed for consurnption of liquor or beverage involved or for events licensed with a Pitkin County Special Event Permit to be conducted in a public place, and specifically licensed to provide alcoholic beverages at such event. B) Any Colorado Peace Officer is authorized td enforce this Ordinance and to seize any malt, vinous or spirituous liquor or fermented malt possessed in violation of this section. If circumstances reasonably permit, the officer may require the possessor to leave the prohibited area with the alcoholic beverage or require the possessor to abandon the beverage to the officer for destruction. at such person's option. 3. VIOLATIONS- PENALTIES A) Violation of any part of this Ordinance shalt be a Class 2 Petty Offense with a maximum fine not to exceed $250. Any Colorado Peace Officer shall be authorized to serve a Summons and Complaint or Penalty Assessment, at his /her discretion, on any Person who violates the provisions of this Ordinance. Summonses and Complaints shall be referred to the District Attorney for prosecution in Pitkin County Court. Non payment of a Penalty Assessment shall result in prosecution of the Penalty Assessment as a Summons and Complaint pursuant to § 16 -2 -201, C.R.S., as amended. B) Any person who aids, assists or abets any person in violation of this Ordinance shall be subject to the same penalties specified in paragraph A of this section. C) Proceeds from penalty payments relative to this Ordinance shall be forwarded to the Board of County Commissioners of Pitkin County, Colorado for inclusion within the County general fund pursuant to C.R.S. §30 -15 -402. INTRODUCED AND APPROVED AT THE REGULAR MEETING ON THE 15TH DAY OF DECEMBER 2010 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 12TH DAY OF JANUARY 2011. THIS ORDINANCE IS EFFECTIVE UPON ADOPTION. AN EMERGENCY ORDINANCE AUTHORIZING THE EXECUTION AND GRANT OF A BILL OF SALE, GENERAL RELEASE OF PITKIN COUNTY OF ANY AND ALL INTEREST IN THE RUEDI HYDROELECTRIC PROJECT, QUIT CLAIM DEED AND ASSET PURCHASE AND ASSIGNMENT OF RIGHTS AGREEMENT, ALL FOR THE BENEFIT OF THE CITY OF ASPEN IN RELATION TO THE ESTABLISHMENT OF THE RUEDI WATER AND POWER AUTHORITY AND THE RUEDI HYDROELECTRIC POWER PROJECT ORDINANCE NO. -2010 1. to 1981 Pitkin County and the City of Aspen entered into a series of Intergovernmental Agreements to establish a joint venture to create the Ruedi Water and Power Authority and the City-County Water Trust as a vehicle to undertake joint water projects. 2. Over the years, the City and County realized that they were not likely to be proceeding to finance or conclude any joint water projects and the water trust was dissolved. 3. When the Ruedi Power Plant was constructed, the supervision and responsibility for the management of the project was borne by the County, however, over time the responsible entity for the operation and maintenance of the hydroelectric plant has become the City of Aspen. 4. As the entity responsible for the hydroelectric project, the City of Aspen desires to have all associated revenues generated from the project going to the benefit of the City and in 2008, approached the County and requested its cooperation in transferring the original Federal Energy Regulatory Commission (FERC) license for the Ruedi Hydroelectric Project from a City-County jointly held license to a license solely in the name of the City. The BOCC agreed to co-sign a joint application for the license transfer. 5. The application to transfer the license has been pending completion for approximately three years and at this time in order to complete the transfer the following documents must be executed by the County and delivered to the City of Aspen and then to FERC: * Bill ot Sale General Release of Pitkin County of any and all Interest in the Ruedi Hydroelectric Project ' Quit Claim Deed " Asset Purchase and Assignment of Rights Agreement 6. These documents are designed to convey any real property or other interest that Pitkin County may hold to the Ruedi Hydroelectric Project to the City as sole licensee: however the County has never had any ownership interest in any part of the physical plant or hydroelectric generation capacity. 7. As the request for execution of these four documents does not affect any real property interest that the County can identify that it actually owns and it completes the transfer of the FERC license to the City of Aspen, the BOCC agrees to grant and execute the four documents. 8. The terms of the documents are set forth, and the Chair (or Chair's designee) shall be authorized to execute, a Bill ot Sale, General Release of Pitkin County ot any and all Interest in the Ruedi Hydroelectric Project, Quit Claim Deed, and Asset Purchase and Assignrent ot Rights Agreement in substantially the form approved by the County Attorney. 9. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to Pitkin County Home Rule Charter Section 2.8.2. NOW THEREIFeJfldained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners authorizes the Chair (or Chair's designee) to execute the necessary documents, as approved by the County Attorney, to effect the transfer of the joint City-County FERC license for the Ruedi Hydroelectric Project to City of Aspen as sole licensee. INTRODUCED AND ADOPTED AT THE REGULAR MEETING ON THE 15TH DAY OF DECEMBER 2010 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON THE 12th DAY OF JANUARY 2011. NOTICE OF FINAL APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS AT THE FOLLOWING DULY NOTICED PUBLIC HEARINGS: The following Resolution on December 7, 2010: Resolution No. 148 - Authorizing Issuance of Sales Tax Revenue Bonds, Series 2010 NOTICE OF CONTRACTOR'S SETTLEMENT: Notice is hereby given that the Board of County Commissioners of Pitkin County. Colorado. hereinafter the 'Board," shall make final settlement for the work contracted to be done on the project known as Pitkin County Data Center Project #014.2010, hereinafter the "Project," to Northway Construction Inc, hereinafter the "Contractor,' on February 1, 2011. Any person, co- partnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by the Contractor or 4s subcontractors in or about the performance of the Project contracted to be done or that supplies rental machinery. tools, or equipment to the extent used in the prosecution ot the Project, whose claim therefore has not been paid by the Contractor or its subcontractors shall file with the Board written verified notice of such claims at any time up to and including the time of final settlement first stated above or forever waive any and all claims, without limitation, pursuant to 1973 CRS 38 -26 -107, as amended, against the Board of County Commissioners. Pitkin County, Colorado and the Project. All claims must be addressed as follows: Board of County Commissioners c/o Jodi Smith, Facilities Manager 485 Rio Grande Place #101, Aspen, Colorado 81611 - Office (970) 920 -5396 Fax (970) 920 -5285 Jeanette Jones, Deputy County Clerk Published in the Aspen Times Weekly on January 2, 2011. [5989520j 5989520 1 12/23/2010 2:17:13 PM "PRIVATE ": Purchase Order Number 100 Published January 2, 2010 PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: • Unless otherwise notified all regular and special meetings will be held in the Board of County Commissioners, Plaza One Conference Room, 530 E Main St, Aspen • All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at http: / /www.aspenpitkin.com or call 920 - 5200 for meeting times for special meetings. • Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours (8:30 — 4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen, Colorado 81611. NOTICE OF PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY, JANUARY 12, 2011: The following liquor license application: Dagmar Deanna Ruiz d /b /a Snowmass Spirits, has requested the licensing officials of Pitkin County to grant a Transfer of Ownership Liquor License to dispense malt, vinous & spirituous liquors not for consumption on the premise at 26808 Highway 82, Snowmass, Colorado 81654. Petitions and remonstrances may be filed with the Pitkin County Clerk at 530 East Main Street, Suite 101, Aspen, Colorado, 81611. The following Ordinances: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO PROHIBITING THE CONSUMPTION OF ALCOHOL ON UNLICENSED PUBLIC PREMISES FOR THE DURATION OF THE 2011 WINTER X -GAMES ORDINANCE NO. - 2011 RECITALS 1. Section 30 -35 -301 C.R.S. authorizes Home Rule counties to make and publish ordinances to discharge the powers conferred upon such counties by law. Pitkin County is a Home Rule County. 1 2. Section 30 -25 -402, C.R.S. specifies that any person who violates any county ordinance commits a Class 2 Petty Offense and that a penalty assessment procedure shall be followed if specified by the county ordinance. 3. The purpose of this Ordinance is to regulate the possession and consumption of alcoholic beverages in public places within Pitkin County for the duration of the 2011 Winter X -Games events, which are held at Buttermilk Mountain, Aspen. 4. In the past, public conduct related to inebriated persons presenting at the Winter X -Games created numerous problems. 5. The BOCC has adopted ordinances prohibiting possession and consumption of alcoholic beverages on unlicensed public premises throughout the County for the duration of the Winter X -Games since the year 2008, which has led to a significant reduction in alcohol related incidents at the events. Therefore, the County will once again enforce this regulation for the duration of the 2011 Winter X- Games, including practice sessions during the week prior to the opening of the games. The 2011 Winter X -Games will be held from January 27 -30, 2011. Practice sessions typically begin early in the week prior to the opening of the games. 6. This Ordinance applies to Pitkin County in its entirety, including any shuttle parking lots established for the events as persons have been known to consume alcohol both at the event venue itself and at various public locations throughout the County prior to arriving at the event venue. 7. The Board finds that it is unlawful to consume malt, vinous, or spirituous liquor in any public place except on any licensed premises pursuant to C.R.S. § 12-47 - 901. 8. This Ordinance becomes effective on January 23, 2011 and it will sunset at 12:01 a.m. on January 31, 2011. 9. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts and enacts the following regulations pertaining to the public consumption of malt, vinous or spirituous liquors in public places. This Ordinance shall be effective beginning January 23, 2011 and shall sunset and repeal without further action of the Board of County Commissioners of Pitkin County, Colorado at 12:01 a.m. on January 31, 2011. PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL ON UNLICENSED PREMISES 2 1. DEFINITIONS A) For purposes of this Ordinance alcoholic beverages means any fermented malt beverage or any malt, vinous or spirituous liquors as defined under the Colorado Liquor Code. B) For purposes of this Ordinance container means any enclosing structure or vessel including but not limited to decanter, flask, bottle, jar, thermos, bottle, cup, can, jug or hydration vessel. C) For purposes of this Ordinance public place means: 1) In or on any public highway, street, walkway, parking lot, building, park, open space or other public property, whether in a vehicle or not. 2) In or on those portions of any private property upon which the public has an express or implied license to enter or remain. 3) In or on any other private property without the express or implied permission of the owner or person in possession and control of such property. 4) In any vehicle whether the vehicle is traveling upon public or private highways and roads within Pitkin County or parked in any location. D) For purposes of this Ordinance, opened container means any container other than the original closed container as sealed or closed for sale to the public by the manufacturer or bottler of the liquor or beverage. If an original container has been unsealed or opened in any manner it is considered an open container for purposes of this section. 2. POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES PROHIBITED A) No person within Pitkin County shall possess an opened container of, or consume any malt, vinous, or spirituous liquor or fermented malt in a public place, except in premises licensed for consumption of liquor or beverage involved or for events licensed with a Pitkin County Special Event Permit to be conducted in a public place, and specifically licensed to provide alcoholic beverages at such event. B) Any Colorado Peace Officer is authorized to enforce this Ordinance and to seize any malt, vinous or spirituous liquor or fermented malt possessed in violation of this section. If circumstances reasonably permit, the officer may require the possessor to leave the prohibited area with the alcoholic beverage or require the possessor to abandon the beverage to the officer for destruction, at such person's option. 3. VIOLATIONS- PENALTIES 3 A) Violation of any part of this Ordinance shall be a Class 2 Petty Offense with a maximum fine not to exceed $250. Any Colorado Peace Officer shall be authorized to serve a Summons and Complaint or Penalty Assessment, at his /her discretion, on any Person who violates the provisions of this Ordinance. Summonses and Complaints shall be referred to the District Attorney for prosecution in Pitkin County Court. Non payment of a Penalty Assessment shall result in prosecution of the Penalty Assessment as a Summons and Complaint pursuant to § 16 -2 -201, C.R.S., as amended. B) Any person who aids, assists or abets any person in violation of this Ordinance shall be subject to the same penalties specified in paragraph A of this section. C) Proceeds from penalty payments relative to this Ordinance shall be forwarded to the Board of County Commissioners of Pitkin County, Colorado for inclusion within the County general fund pursuant to C.R.S. §30 -15 -402. INTRODUCED AND APPROVED AT THE REGULAR MEETING ON THE 15 DAY OF DECEMBER 2010 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 12 DAY OF JANUARY 2011. THIS ORDINANCE IS EFFECTIVE UPON ADOPTION. AN EMERGENCY ORDINANCE AUTHORIZING THE EXECUTION AND GRANT OF A BILL OF SALE, GENERAL RELEASE OF PITKIN COUNTY OF ANY AND ALL INTEREST IN THE RUEDI HYDROELECTRIC PROJECT, QUIT CLAIM DEED AND ASSET PURCHASE AND ASSIGNMENT OF RIGHTS AGREEMENT, ALL FOR THE BENEFIT OF THE CITY OF ASPEN IN RELATION TO THE ESTABLISHMENT OF THE RUEDI WATER AND POWER AUTHORITY AND THE RUEDI HYDROELECTRIC POWER PROJECT ORDINANCE NO. -2010 1. In 1981 Pitkin County and the City of Aspen entered into a series of Intergovernmental Agreements to establish a joint venture to create the Ruedi Water and Power Authority and the City- County Water Trust as a vehicle to undertake joint water projects. 2. Over the years, the City and County realized that they were not likely to be proceeding to finance or conclude any joint water projects and the water trust was dissolved. 4 3. When the Ruedi Power Plant was constructed, the supervision and responsibility for the management of the project was borne by the County, however, over time the responsible entity for the operation and maintenance of the hydroelectric plant has become the City of Aspen. 4. As the entity responsible for the hydroelectric project, the City of Aspen desires to have all associated revenues generated from the project going to the benefit of the City and in 2008, approached the County and requested its cooperation in transferring the original Federal Energy Regplatory Commission (FERC) license for the Ruedi Hydroelectric Project from a City - County jointly held license to a license solely in the name of the City. The BOCC agreed to co -sign a joint application for the license transfer. 5. The application to transfer the license has been pending completion for approximately three years and at this time in order to complete the transfer the following documents must be executed by the County and delivered to the City of Aspen and then to FERC: • Bill of Sale • General Release of Pitkin County of any and all Interest in the Ruedi Hydroelectric Project • Quit Claim Deed • Asset Purchase and Assignment of Rights Agreement 6. These documents are designed to convey any real property or other interest that Pitkin County may hold to the Ruedi Hydroelectric Project to the City as sole licensee; however the County has never had any ownership interest in any part of the physical plant or hydroelectric generation capacity. 7. As the request for execution of these four documents does not affect any real property interest that the County can identify that it actually owns and it completes the transfer of the FERC license to the City of Aspen, the BOCC agrees to grant and execute the four documents. 8. The terms of the documents are set forth, and the Chair (or Chair's designee) shall be authorized to execute, a Bill of Sale, General Release of Pitkin County of any and all Interest in the Ruedi Hydroelectric Project, Quit Claim Deed, and Asset Purchase and Assignment of Rights Agreement in substantially the form approved by the County Attorney. 9. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to Pitkin County Home Rule Charter Section 2.8.2. 5 NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners authorizes the Chair (or Chair's designee) to execute the necessary documents, as approved by the County Attorney, to effect the transfer of the joint City- County FERC license for the Ruedi Hydroelectric Project to City of Aspen as sole licensee. INTRODUCED AND ADOPTED AT THE REGULAR MEETING ON THE 15 DAY OF DECEMBER 2010 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON THE 12 DAY OF JANUARY 2011. NOTICE OF FINAL APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS AT THE FOLLOWING DULY NOTICED PUBLIC HEARINGS: The following Resolution on December 7, 2010: Resolution No. 148 - Authorizing Issuance of Sales Tax Revenue Bonds, Series 2010 NOTICE OF CONTRACTOR'S SETTLEMENT: Notice is hereby given that the Board of County Commissioners of Pitkin County, Colorado, hereinafter the "Board," shall make final settlement for the work contracted to be done on the project known as Pitkin County Data Center Project #014.2010, hereinafter the "Project," to Northway Construction Inc, hereinafter the "Contractor," on February 1, 2011. Any person, co- partnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by the Contractor or its subcontractors in or about the performance of the Project contracted to be done or that supplies rental machinery, tools, or equipment to the extent used in the prosecution of the Project, whose claim therefore has not been paid by the Contractor or its subcontractors shall file with the Board written verified notice of such claims at any time up to and including the time of final settlement first stated above or forever waive any and all claims, without limitation, pursuant to 1973 CRS 38-26-107, as amended, against the Board of County Commissioners, Pitkin County, Colorado and the Project. All claims must be addressed as follows: Board of County Commissioners c/o Jodi Smith, Facilities Manager 485 Rio Grande Place #101 Aspen, Colorado 81611 Office (970) 920 -5396 Fax (970) 920 -5285 Jeanette Jones, Deputy County Clerk 6 Published in the Aspen Times Weekly on January 2, 2011 7 Ad Name: 6001972D PUBLIC NOTICF NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: Customer: Pitkin County Finance(Legal) ' Unless otherwise notified all regular and special meetings will be held in the Board of County Your account number is: 1013902 Commissioners, Plaza One Conference Room, 530 E Main St, Aspen • All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at nffp.:/ /www.asoeno#kin.corn for meeting times for special meetings or call 820 -5200 • Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours (8:30 - 4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen, PROOF OF PUBLICATION WF Colorado 81611 TTI FS1)AY _JANUARY 1 2RI f NGS BFFORF THE BOARD OF COUNTY COMMISSIONFRS ON AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING DROSTE PROPERTY ACQUISITIONS. ORDINANCE e_ , S OF 2010 1. The Voters of PitkIn County and the Pitkin ouCtyy Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources In Pitkin County, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 2. The Open Space and Trails Program Is charged with protecting agriculture, open space, habitat, scenic view planes, and recreational routes on public lands. 3. The Droste property of approximately 841 acres (the 'Property') lies in unincorporated Pitkin County, and possesses Important natural, wildlife, scenic, recreational, and agricultural values. STATE OF COLORADO COUNTY OF PITKIN 4. velopme of the Property would result in loss of Important habitat, would degrade the scenery of the Brush Creek c orridor and w forever block th e possibility of public access on the ridge between Seven Star and Cozy Point. 5. The 841 acre Property comprises :a nearly two mile tong n Star, pest e Ai ort Radar, to Cozy Point South, the conservation o wh ridgeli ich will e drareaching matically from enhance Seven the health and I, Jenna Weatherred, do solemnly swear that I am a Publisher welfare of Pitkin County cit zena and visltors. of the ASPEN TIMES WEEKLY that the 6. The Open Space and Trails Board supports the fully executed contract to purchase the Property and WEEKLY, e same weekly recommends an Initial expenditure of $17,000,000 of Open Space funds, with an anticipated repayment of $2,500,000 from GOCO, 52,000,000 from Snowmass Village, $1,000,000 from the City of Aspen, and newspaper printed, in whole or in part and published in such additional funds as may be raised publicly or privately for this project, and the anticipated maintenance thereof. the County of Pitkin, State of Colorado, and has a general NOW THEREFORE BE 17 ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, circulation therein; that said newspaper has been published 1601: 1. The Board approves an expenditure of $17,000,000 for the purchase of the Droste Property and continuously and uninterruptedly in said County of Pitkin related Easements, plus up to $100,000 for any transaction expenses. for a period of more than fifty-two consecutive weeks next 2. After acquiring the property, the County may convey a conservation easement to Aspen Valley Land p y� Trust, the City of Aspen and/or another mutually agreed upon qualified organization, as provided for under the Pitkin County Home Rule Charter Article 13.5.3. prior to the first publication of the annexed legal notice or 3. The Board hereby declares its official intern to reimburse current expenditures from a future issuance advertisement. of Pitkin County general obligation bonds. The maximum amount of bonds expected to be issued for this project Is $10,000,000. 4. That adjustments be made to the year 2010 budget as follows: That the annexed legal notice or advertisement was published OPEN SPACE AID TRAILS FUND P Revised in the regular and entire issue of every number of said daily 12role.Emortamiailisn Budust This Chance Proi Budcet Expenditure $500,000 $16,600,000 $17,100,000 newspaper for the period of 1 consecutive insertions; and 5. That adjustments be made to the year 2011 budget as follows: that the first publication of said notice was in the issue of said OPEN SPACE AND TRAILS FUND Previous Revised publication dated 1/2/2011 and that the last blication of said e,1 ig gt This Chance Proi Bud ggt newspaper p Droste Property Acquisition notice was in the issue of said newspaper dated 1/2/2011. Revenues Bond Proceeds 510,000,000 $10,000,000 GOCO Grant 2,500,000 2,500,000 City of Aspen contribution (51 million over 4 years) 250,000 250,000 Snowiness contribution (52 million over 7 years) 200,000 200,000 In witness whereof, I have here unto set my hand this Other contributions 500.000 500.000 1a,aso,0001a,4so,000 02 /03 /2011. Expenditures Bond issuance costs 5102,500 $102,500 The BOCC finds that adoption of this emergency ordinance is necessary to secure the Droste Property and related Easements for the Immediate preservation of the public health, safety and welfare o1 the citi- zens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately. Loo INTRODUCED, FIRST READ, AND APPROVED ON THE 27th DAY OF DECEMBER, 2010. it 1 Jeanette Jones, Deputy County Clerk Jenna Weat erred, ' i' s hs Published in the Aspen Times Weekly on January 2, 2011. (60019721 Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 02/03/2011. Va ry . Bor tnha o tary 'us 'c My Commission expires: August 27, 2011 • c ,¢Y p L9 ,' ', . : MARY E. t '. BCNtKENHAGEN) o ranma Expires 63/27,2011 Tue, Dec 28, 2010 11:21:58 6001972 Ad Ticket #5 Acct: 1013902 Name: Pitkin County Finance(Legal) Phone: (970)920 -5223 Address: 530 E Main ST 2nd Fl E -Mail: D Client: Caller: Jeanette Jones Cit Aspen _ Receipt State: CO Zip: 81611 Ad Name: 6001972D Original Id: 0 Editions: 8ATI /8ATW/ Class: 0990 Start: 01/02 /11 Stop: 01/02/11 Color: Issue 1 Copyline: 6001972 atw Droste PO #100 R AT Legals as`siam° vaTn°cr TMEmw w or at .a U �f�15s u:bw.4 na>rlRm�saR s [ 4h'rw> ak ,t 9 'f'e " ihtt sr lit . fA E Eafla hell. Oka i Mft,.. Lines: tlTY ,isC,&T,Y Depth: 7.69 Columns: 2 Discount: 000 w,.�fi == a" Commission: 0.00 h9W [FYpB` OtlMY#)Ftl6 u>I -.awr .vna.4 >h Net: 0.00 " M 0.00 Tax: em v .w ====== Mt >}{y.bruM Tt PM P Total 1 ay. . - .- F. itae aY>wn abed i:tUe n�[x lxbnae dNaa. aE Payment 0.00 ti. tirm nzzr . ifNPb6CE11< OW5Ti6aL .aNp.W.OYhtlanig6.RxintlRYAi CHENbE isw. Ad shown is not actual print size PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: • * Unless otherwise notified all regular and special meetings will be held in the Board of County Commissioners, Plaza One Conference Room, 530 E Main St, Aspen * All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at http:/ /www.aspenpitkin.com for meeting times for special meetings or call 920 -5200 * Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours (8:30 - 4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen, Colorado 81611 NOTICE OF PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY, JANUARY 12, 2011: AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING DROSTE PROPERTY ACQUISITIONS. ORDINANCE #_ , SERIES OF 2010 REC ITALS 1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources in Pitkin County, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 2. The Open Space and Trails Program is charged with protecting agriculture, open space, habitat, scenic view planes, and recreational routes on public lands. 3. The Droste property of approximately 841 acres (the "Property') lies in unincorporated Pitkin County, and possesses important natural, wildlife, scenic, recreational, and agricultural values. 4. Development of the Property would result in loss of important habitat, would degrade the scenery of the Brush Creek corridor, and would forever block the possibility of public access on the ridge between Seven Star and Cozy Point. 5. The 841 acre Property comprises a nearly two mile long ridgeline reaching from Seven Star, past the Airport Radar, to Cozy Point South, the conservation of which will dramatically enhance the health and welfare of Pitkin County citizens and visitors. 6. The Open Space and Trails Board supports the fully executed contract to purchase the Property and recommends an initial expenditure of $17,000,000 of Open Space funds, with an anticipated repayment of $2,500,000 from GOCO, $2,000,000 from Snowmass Village, $1,000,000 from the City of Aspen, and such additional funds as may be raised publicly or privately for this project, and the anticipated maintenance thereof. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that: 1. The Board approves an expenditure of $17,000,000 for the purchase of the Droste Property and related Easements, plus up to $100,000 for any transaction expenses. 2. After acquiring the property, the County may convey a conservation easement to Aspen Valley Land Trust, the City of Aspen and /or another mutually agreed upon qualified organization, as provided for under the Pitkin County Home Rule Charter Article 13.5.3. 3. The Board hereby declares its official intent to reimburse current expenditures from a future issuance of Pitkin County general obligation bonds. The maximum amount of bonds expected to be issued for this project is $10,000,000. 4. That adjustments be made to the year 2010 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This Change Proj Budget Droste Property Acquisition Expenditure $500,000 $16,600,000 $17,100,000 5. That adjustments be made to the year 2011 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This Change Proj Budget Droste Property Acquisition Revenues Bond Proceeds $10,000,000 $10,000,000 GOCO Grant 2,500,000 2,500,000 City of Aspen contribution ($1 million over 4 years) 250,000 250,000 Snowmass contribution ($2 million over 7 years) 200,000 200,000 Other contributions 1.500.000 1.500,000 $14,450,000 $14,450,000 Expenditures Bond issuance costs $102,500 $102,500 The BOCC finds that adoption of this emergency ordinance is necessary to secure the Droste Property and related Easements for the immediate preservation of the public health, safety and welfare of the citi- zens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately. INTRODUCED, FIRST READ, AND APPROVED ON THE 27th DAY OF DECEMBER, 2010. Jeanette Jones, Deputy County Clerk Published in the Aspen Times Weekly on January 2, 2011. [6001972] 72 1 12/28/2010 12:22:0: "PUBLIC ": Purchase Order number 100 Published January 2, 2011 PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: • Unless otherwise notified all regular and special meetings will be held in the Board of County Commissioners, Plaza One Conference Room, 530 E Main St, Aspen • All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at http: / /www.aspenpitkin.com for meeting times for special meetings or call 920 -5200 • Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours (8:30 — 4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen, Colorado 81611 • NOTICE OF PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY, JANUARY 12, 2011: AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING DROSTE PROPERTY ACQUISITIONS. ORDINANCE # , SERIES OF 2010 RECITALS 1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources in Pitkin County, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 2. The Open Space and Trails Program is charged with protecting agriculture, open space, habitat, scenic view planes, and recreational routes on public lands. 3. The Droste property of approximately 841 acres (the "Property ") lies in unincorporated Pitkin County, and possesses important natural, wildlife, scenic, recreational, and agricultural values. 4. Development of the Property would result in loss of important habitat, would degrade the scenery of the Brush Creek corridor, and would forever block the possibility of public access on the ridge between Seven Star and Cozy Point. • 5. The 841 acre Property comprises a nearly two mile long ridgeline reaching from Seven Star, past the Airport Radar, to Cozy Point South, the conservation of which will dramatically enhance the health and welfare of Pitkin County citizens and visiters. 6. The Open Space and Trails Board supports the fully executed contract to purchase the Property and recommends an initial expenditure of $17,000,000 of Open Space funds, with an anticipated repayment of $2,500,000 from GOCO, $2,000,000 from Snowmass Village, $1,000,000 from the City of Aspen, and such additional funds as may be raised publically or privately for this project, and the anticipated maintenance thereof. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that: 1. The Board approves an expenditure of $17,000,000 for the purchase of the Droste Property and related Easements, plus up to $100,000 for any transaction expenses. 2. After acquiring the property, the County may convey a conservation easement to Aspen Valley Land Trust, the City of Aspen and /or another mutually agreed upon qualified organization, as provided for under the Pitkin County Home Rule Charter Article 13.5.3. 3. The Board hereby declares its official intent to reimburse current expenditures from a future issuance of Pitkin County general obligation bonds. The maximum amount of bonds expected to be issued for this project is $10,000,000. 5. That adjustments be made to the year 2010 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This Change Proj Budget Droste Property Acquisition Expenditure $500,000 $16,600,000 $17,100,000 6. That adjustments be made to the year 2011 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This Change Proj Budget Droste Property Acquisition Revenues Bond Proceeds $10,000,000 $10,000,000 GOCO Grant 2,500,000 2,500,000 City of Aspen contribution ($1 million over 4 years) 250,000 250,000 Snowmass contribution ($2 million over 7 years) 200,000 200,000 Other contributions 1,500,000 1,500,000 $14,450,000 $14,450,000 Expenditures Bond issuance costs $102,500 $102,500 The BOCC finds that adoption of this emergency ordinance is necessary to secure the Droste Property and related Easements for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately. INTRODUCED, FIRST READ, AND APPROVED ON THE 27th DAY OF DECEMBER, 2010. Jeanette Jones, Deputy County Clerk Published in the Aspen Times Weekly on January 2, 2011