HomeMy WebLinkAboutordinance.council.042-98
'-- .
ORDINANCE NO.
Series of 1998
'f)..
r--..
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTINUATION OF SERVICES AGREEMENT (WATER) WITH THE
HIGHLANDS WATER AND SANITATION DISTRICT, WHICH WILL PERMIT CONTINUED
WATER SERVICE TO CERTAIN CUSTOMERS OF THE HIGHLANDS WATER AND
SANITATION DISTRICT FOLLOWING DISSOLUTION OF THE DISTRICT, AND WHICH
WILL SUPERSEDE PRIOR AGREEMENTS BETWEEN THE CITY AND THE HIGHLANDS
WATER AND SANITATION DISTRICT, AND APPROVING A SUPPLEMENTAL
APPROPRIATION FOR ACQUISITION OF CERTAIN DISTRICT WATER SYSTEM
INFRASTRUCTURE
WHEREAS, in connection with the Hines Highlands Water Service Agreement approved by
the City Council in Ordinance No. 19 (Series of 1997), the parties contemplated dissolution of the
Highlands Water and Sanitation District ("District"); and
WHEREAS, the District has filed a Petition for Dissolution in the Colorado District Court,
"....... Pitkin County, Colorado; and
WHEREAS, in order to obtain an Order of Dissolution from the Court, the District must
demonstrate that customers within its boundaries will receive water service; and
WHEREAS, some of the customers and future customers located within the District's service
area will receive water service from the City pursuant to the Hines Highlands Water Service
Agreement; and
WHEREAS, the City wishes to supersede its prior wholesale water delivery agreement with
the District, and to provide water service to the District's customers and future customers who are
not entitled to receive water service pursuant to the Hines Highlands Water Service Agreement; and
WHEREAS, the property to be served is located in Pitkin County, and not within the City
limits of the City of Aspen; and
I""""
WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension
fI""'. of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an
r"""
r"
agreement with the City and in accordance with the City of Aspen water main extension policy; 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 of Aspen;
and
WHEREAS, the City Council has had an opportunity to review with City staff the proposed
Continuation of Services Agreement,
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 Continuation of Services Agreement that will provide City
water directly to certain present and future customers of the District is in the
City's best interest, and therefore agrees to provide water service to such
present and future District customers on the terms and conditions set forth in
the Continuation of Services Agreement attached hereto and incorporated
herein by reference.
Section 2.
The City hereby approves a supplemental appropriation to the
Water Department for purchase of certain District water system infrastructure
as provided in the Continuation of Services Agreement.
Section 3.
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
o
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.
aU
A public hearing on the ordinance shall be held on the
day of ~ 19~in the City Council
Section 5.
Chambers, Aspen City Hall, Aspen, Colorado.
",.....
INTRODUCED, READ AND ORDERE~S provided by law by the City Council of
the City of Aspen on the /3 day of 9%
S. Bennett, Mayor
tY/~/i9-
Attest:
~. ALLY ADOPTED, PASSED AND
. ,199$
o
APPROVED THIS ;?~cv.c..- DAY OF
r""".
f""\ Attest:
C;IHOME\INATT'ACH\DISSOL-2.WPD
r
r"""