HomeMy WebLinkAboutordinance.council.040-98
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ORDINANCE NO. 40
Series of 1998
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A WATER SERVICE AGREEMENT WITH BUNDY PROPERTIES, LLC, FOR
PROVISION OF TREATED WATER SERVICE TO THE SHADOWWOOD APARTMENTS.
WHEREAS, Bundy Properties, LLC ("Applicant") submitted an Application for Water
Service to the City Water Department, requesting that water service be provided to the
ShadowWood Apartments, described as Lots 2 and 3, Sparovic Subdivision, in Pitkin County,
Colorado;
WHEREAS, the property to be served is located in Pitkin County, and not within the City
limits of the City of Aspen; and
WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension
.~ of City water service outside the corporate limits of the City of Aspen shall be made pursuant to
an agreement with the City and in accordance with the City of Aspen water main extension policy
and, further, that the City may grant water service only upon a determination that no conflict
exists between the best interests of the City and the prospective water use, and that the City may
impose such contract, water rights dedication and bond requirements as it deems necessary to
safeguard the best interests of the City; and
WHEREAS, the City Council has adopted by Resolution No.5, Series of 1993, as
amended, policies to guide municipal water system development and services beyond the City
limits; and
WHEREAS, said policies require the City Council to make a determination that the
proposed water service extension complies with said policies and is in the best interests of the City
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of Aspen; and
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WHEREAS, the City Council has had an opportunity to review with City staff the
proposed extension of water service to Applicants' property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT
Section 1.
The City Council of the City of Aspen hereby determines that the
proposed provision of City water to the ShadowWood Apartments located outside the City limits
of the City of Aspen is in the best interests of the City and substantially complies with the City
of Aspen water policy for extraterritorial services, as set forth in Resolution No.5, Series of
1993, as amended, and therefore agrees to extend City water service to the ShadowWood
Apartments, on the terms and conditions set forth in the Water Service Agreement attached hereto
and incorporated herein by reference.
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
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, 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 4.
A public hearing on the ordinance shall be held on the
day of
, 199_, 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
,199_.
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Attest:
John S. Bennett, Mayor
Kathryn S. Koch, City Clerk
FINALLY ADOPTED, PASSED AND APPROVED THIS
,199_.
Attest:
John S. Bennett, Mayor
Kathryn S. Koch, City Clerk
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