HomeMy WebLinkAboutordinance.council.012-98 No. t
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING AND APPROVING REVISED AGREEMENTS FOR THE
EXTRATERRITORIAL EXTENSION AND DELIVERY OF RAW WATER TO THE
ASPEN HIGHLANDS BASE AREA DEVELOPMENT AND ASSOCIATED AREAS, FOR
IRRIGATION AND SNOWMAKING USES.
WHEREAS, Section 11.3 of the Home Rule Charter of the City of Aspen provides that the
extension of municipal water lines beyond the City's boundaries to provide extraterritorial water
service shall only be approved by City Council by ordinance; and
WHEREAS, Section 25.12.020 of the Municipal Code provides that any extraterritorial
provision of municipal water services beyond the City's boundaries shall only be undertaken
pursuant to a written agreement between the City and the person or entity desiring municipal water
service; and
WHEREAS, in connection with the Water Service Agreement to be entered into as provided
in Ordinance No. 97-19 with the Highlands Water and Sanitation District, the Hines-Highlands
Limited Partnership, the Aspen Highlands Skiing Corporation and H.I.L.P. Mountain Limited
Parmership, Aspen Highlands Mountain Limited Liability Company (the latter four parties being
herein collectively referred to as "Developer"), to provide treated water to serve the Aspen Highlands
Base Area Development and associated areas, the City reqnimd that Developer also enter into
agreements for the provision of raw water by the City for snowmaking and certain irrigation
purposes; and
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WHEREAS, Hines-Highlands Limited Partnership, the Aspen Highlands Skiing Corporation
and H.I.L.P. Mountain Limited Partnership requested such raw water for irrigation purposes to serve
the Aspen Highlands Base Area Development and associated areas (including portions of the Aspen
Highlands Ski Area); and
WHEREAS, Aspen Highlands Mountain Limited Liability Company requested such raw
water for snowmaking at the Aspen Highlands Ski Area; and
WHEREAS, the properties to be served with raw water under the raw water agreements are
situated outside Aspen's municipal boundaries; and
WHEREAS, the Board of County Commissioners of Pitkin County has granted land use and
development approvals for the Aspen Highlands Base Area Development project; and
WHEREAS, raw water agreements were authorized by the City in Ordinance No. 24 (series
of 1997) on June 18, 1997, and said agreements specified the nature and extent of municipal raw
water services to be provided for snowmaking and irrigation for the Aspen Highlands Base Area
Development and associated areas; and
WHEREAS, the raw water agreements approved by the City Council in Ordinance No. 97-24
have not yet been executed by the parties as the De{zeloper is awaiting final plat approval from Pitkin
County; and
WHEREAS, further design refinements to the raw water distribution system have resulted
in a reconfiguration of certain facilities, and a determination by the parties that one pump station can
be eliminated, thereby reducing costs to all parties; and
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WHEREAS, the raw water agreements approved by City Council Ordinance No. 97-24
require revision to reflect these changes in the design of the raw water delivery system; and
WHEREAS, revised raw water agreements for snowmaking and. for irrigation have been
prepared with revisions which reflect the changes in the design of the raw water delivery system, and
correct minor typographical errors in the original raw water agreements, but are otherwise identical
to the raw water agreements approved by the City Council in Ordinance No. 97-24; and
WHEREAS, the City Council finds the proposed revised agreements to be consistent with
the terms and reqnirements of the Municipal Code and municipal water management policies as
adopted by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the revised Raw Water Agreement (Irrigation) between the City of Aspen and the
Hines-Highlands Limited Partnership, the Aspen Highlands Skiing Corporation and H.I.L.P.
Mountain Limited Partnership, and the revised Raw Water Agreement (Snowmaking) between the
City and the Aspen Highlands Mountain Limited Liability Company, for the extraterritorial
extension and delivery of municipal raw water services as therein provided, copies of which raw
water agreements are attached hereto and fully incorporated herein as Attachments 1 and 2, be and
are hereby approved, and the Mayor and the City Manager are authorized to execute and shall
execute the same on behalf of the City at such time as the City executes the treated Water Service
Agreement approved by Ordinance No. 97-19. The authorization repeals and supersedes Ordinance
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No. 97-24, and the City Council expressly withdraws its approval and authorization of the raw water
agreements attached to Ordinance No. 97-24.
Section 2
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 repealed
or amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 3
If any section, subsection and 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 4
A public hearing on the ordinance shall be held on the ~ day of ~ ~ ,1998,
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 the / / day of ,fiT)/Td~tf ,1998,
: John &ett, Mayor
ATTEST: ";~"
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Kathryn S.~och, City Clerk '
FINALLY adopted, passed and approved this o~ day of ~//f, 1998.
· -- John S. Be~nnett, M~yo~r~'~*~
ATTEST,,
~City Clerk '
D:x, Client Files~b_spenXHinesxe-~ombo.wpd
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