HomeMy WebLinkAboutordinance.council.078-90 ORDINANCE NO. ~ (Series of 1990)
AN ORDINANCE APPROVING A WATER SERVICE AGREEHENT BETWEEN THE CITY
OF ASPEN AND THE CASTLE CREEK VALLEY RANCH PARTNERSHIP A~D
ACCEPTING A DONATION OF WATER RIGHTS.
WHEREAS, it is the policy of the City of Aspen to obtain
available water rights for municipal water purposes and the
maintenance and enhancement of minimum stream flows; and
WHEREAS, the Castle Cresk Valley Ranch Partnership has
proposed a water service agreement to the City under which the
partnership will provide the City certain important water rights
on Castle Creek in exchange for water services to be provided by
the city; and
WHEREAS, the water service agreement as proposed by the
Castle Creek Valley Ranch Partnership is not inconsistent with
the C~ty's water policies and goals; and
WHEREAS, the Castle Creek Valley Ranch Partnership has
generously offered to donate to the City of Aspen valuable water
rights applicable to Castle Creek; and
WHEREAS, Section 13.7 of the Home Rule Charter of the City
of Aspen authorizes city Council to receive donations of property
on behalf of ~he City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN~ COLORADO, THAT:
Section 1
The Water Service Agreement by and between the city of Aspen
and the Castle Creek valley Ranch Partnership, a copy of which is
attached hereto and fully incorporated herein by this reference,
is hereby authorized and approved.
Section 2
The Mayor is hereby authorized to execute the Water Service
Agreement and such other documents, if any, as deemed necessary
to effectuate the transfer or exchange of water and/or water
rights as specified in the water agreement identified herein.
Section 3
The City Council hereby accepts the donation of the Castle
Creek Valley Ranch Partnership of 1.925 c.f.s. Castle Creek Ditch
Priority No. 105 water right and expresses the City's gratitude
to Castle Creek Valley Ranch Partnership for the generous gift.
Section 4
This ordinance shall not have any effect on existlng litiga-
tion 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repealed or amended as herein provided, and the same shall be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 5
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 6
A public hearing on the ordinance shall be held on the ~D~
day of /~/~/c~ , 1990, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ ~D ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the /~-/ day of
, 1990.
William L. Stirling, Mayor
ATTEST:
Kathryn ~. Koch, City Clerk
FINALLY adopted, passed and approved this -~ day of
/~/~-~- , 1990.
William L. Stirling, Mayor
ATTEST:
Ka Koch, C~ty Clerk