HomeMy WebLinkAboutordinance.council.004-90
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CITY OF ASPEN, COLORADO
ORDINANCE NO. 90- 4
SERIES OF 1990
AN ORDINANCE ENTITLED: EXTENSION OF MUNICIPAL WATER
UTILITY TRANSMISSION LINES TO THE MAROON CREEK DEVELOPMENT
CORPORATION PROPERTY.
WHEREAS, the Clty Councll has adopted, by Resolutlon No.
50 of 1989, a 1990 Water System Capital Improvements Program
WhlCh provided for the authorization of these capltal lmpro-
vements and payment therefore by entering lnto Water SerVlce
Agreements, and
WHEREAS, the capital improvements contemplated thereln
lncluded extenslon of water utllity service to the Maroon
Creek Development Corporatlon Property, as described hereln
and located outslde the present municlpal boundarles, and
WHEREAS, the Home Rule Charter for the Clty of Aspen,
Colorado, Art. XI, Sectlon 11.3, provides that extenslons of
the munlcipal water utllity transmisslon lines beyond Clty
boundaries may be authorlzed by the City Council, such
authorlzation to be by ordlnance, and
WHEREAS, the City and the Maroon Creek Development
Corporatlon have negotiated a proposed Water Service
Agreement, to prov1de for the extenslon of water utillty ser-
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Vlce and the payment for the necessary facllitles to
accompllsh the extension, of the form of the draft agreement
presented to the Councll on January 22, 1990, and
WHEREAS, no water service may be provided until approved
by the Board of County CommlSSloners of Pitkln County in
accordance w1th Resolutlon 13-73 of Pltkin County, and
WHEREAS, no extenslon of water ut1l1tles may be provided
untll approved by the Board of County Commlssioners of Pltkln
County ln accordance with land use regulatlons enacted pur-
suant to H.B. 1041.
NOW THEREFORE, be it ordalned by the Clty Councll of the
Clty of Aspen, Colorado,
SECTION 1
The City Councll hereby finds that the extenslon of
water utillty service to Maroon Creek Development Corporat1on
Property is ln the best lnterests of the Clty and promotes
the publlC health and safety of water users connected to the
Aspen Municlpal Water System. The Mayor and the Clty Clerk
are hereby directed to execute on behalf of the City a Water
Service Agreement with Maroon Creek Development Corporation.
Sald Agreement belng attached hereto as Exhlbit 1.
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SECTION 2
The Water Service Agreement lS not effectlve untll
approved in accordance wlth Resolut10n 13-73 of Pltkln County.
SECTION 3
The Water Servlce Agreement is not effectlve untll
approved ln accordance with land use regulations enacted pur-
suant to H.B. 1041.
SECTION 4
If any prOV1S10n of this ordinance lS for any reason
held lnvalld or unconstitutlonal by any court of competent
jurlsdlction, such provislon shall be deemed a separate,
dlstlnct, and lndependent prOV1Slon, and such holding shall
not affect the valldlty of the remalnlng portions hereof.
SECTION 5
A publlC hearlng on the ordinance shall be held on
",,-bUU'-Ld /0:( , 1990, ln the Clty Council
Chambers, Aspen Clty Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED publlshed as provlded by
law by the City Councll of the Clty of Aspen, Colorado, at
SJ-a. /L<.-,- d d.-;;z., 1990.
ATTEST:
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Koch Willlam L. Stirling, Mayor
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FINALLY adopted, passed and approved on
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, 1990.
ATTEST:
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;L(/I5Lt~-Lp'J :w K-&-€.../i....-.- /"4./'?c ~ ,7('~)-~!I
Kathryn ~ Koch Wllllam L. Stlrllng, Mayor
Cl ty Cl,,,rk
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