HomeMy WebLinkAboutordinance.council.050-90
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CITY OF ASPEN, COLORADO
ORDINANCE NO. 90- 50
SERIES OF 1990
AN ORDINANCE ENTITLED: APPROVAL OF WATER
SERVICE AGREEMENT WITH LESLIE WEXNER
WHEREAS, the C1ty Council has adopted, by Resolution No. 50 of
1989, a 1990 Water System Capital Improvements Program which
provided for the authorization of these capital improvements and
payment therefore by enter1ng into Water Service Agreements, and
WHEREAS, the capital improvements contemplated therein
1ncluded extens10n of water service to the Leslie Wexner property
as described herein and located outside the present munic1pal
boundaries, and
WHEREAS, the Home Rule Charter for the city of Aspen,
Colorado, Art. XI, section 11.3 provides that extensions of the
municipal water transmission lines beyond city boundaries may be
authorized by the city Council, such authorization to be by
ordinance, and
WHEREAS, the City and Mr. Leslie Wexner have negotiated a
proposed water service agreement, to provide for the extension of
water service and the payment for the necessary facilities to
accomplish the extension, of the form of the draft agreement
presented to the Council on January 22, 1990, and
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WHEREAS, no water serv1ce may be provided until approved by
the Board of County commissioners of P1tkin County 1n accordance
with Resolut1on 13-73 of Pitkin County, and
WHEREAS, no extens10n of the water system may be provided
unt11 approved by the Board of County Commissioners of Pitkin
County in accordance with land use regulations enacted pursuant to
H.B. 1041, and
WHEREAS, the necessary Board of County Comm1SS1oner approvals
for 1990 Water System capital Improvements Program were granted,
and
WHEREAS, by Ordinance No. 90-6, finally adopted, passed and
approved on February 26, 1990 the City Counc11 approved the
extension of water service to the Wexner property located outs1de
the present municipal boundaries and further approved the draft
agreement attached to Ordinance No. 90-6 as Exhibit 1, and
WHEREAS, it has been necessary to revise, amend, and
supplement certain of the prov1sions and Exhibits contained in the
draft agreement prev10usly presented to the C1ty Council, and
WHEREAS, a Final Water Service Agreement has now been executed
by Mr. Leslie Wexner and should be executed by the C1ty.
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NOW THEREFORE, be it orda1ned by the city Counc11 of the city
of Aspen, Colorado,
SECTION 1
The C1ty Counc11 hereby f1nds that the extension of water
service to the Lesl1e Wexner property is in the best interests of
the city, promotes the publ1c health and safety of water users
connected to the Aspen Municipal Water System, that the necessary
County approvals have been granted, and that the final Water
Service Agreement, attached hereto as Exhibit A, is in proper
order. The Mayor and the city Clerk are hereby directed to execute
on behalf of the city the final Water Service Agreement with Mr.
Lesl1e Wexner.
SECTION 2
If any provis1on of this ord1nance is for any reason held
inval1d or unconstitutional by any court of competent jurisdiction,
such provision shall be deemed a separate, d1stinct, and
independent provision, and such holding shall not affect the
val1d1ty of the remaining port1ons hereof.
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SECTION 3
A public
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hearing on the
, 1990,
City Hall, Aspen, Colorado.
ordinance shall be held on ~
1n the City council Chambers, Aspen
INTRODUCED, READ AND ORDERED publ1shed as provided by law by
t~ City council of the city of Aspen, Colorado, a~
d.2-, 1990.
ATTEST:
~ChJ~
C1ty Clerk
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FINALLY, adopted, passed and approved on ~~J~/ ??
1990. c::r-{/
ATTEST:
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Kathryn
City Clerk
(Aspen wexncr agm)
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Sti~g~or
william L.