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HomeMy WebLinkAboutordinance.council.062-93 ffla '",'Ill' .. \\W <It" \\ ,'"<.. ORDINANCE NO. G..3--- (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REPEALING SECTION 23-60 OF THE ASPEN MUNICIPAL CODE RELATING TO THE CITY-COUNTY WATER TRUST. WHEREAS, the City of Aspen and the Board of County Commis- sioners of Pitkin County have heretofore mutually agreed to terminate that intergovernmental agreement dated November 14, 1988, establishing the Aspen-Pitkin Water Trust; and WHEREAS, Section 23-60 of the Aspen Municipal Code was adopted in 1985 incorporating and codifying the subsequently established water trust; and WHEREAS, Section 23-60 of the Aspen Municipal Code further established and imposed a surcharge of five (5) percent on the total of all water utility investment charges, such surcharge, however, having never been implemented or actually collected since the adoption of Section 23-60 or the intergovernmental agreement establishing the water trust; and WHEREAS, the city Council and the Board of county Commis- sioners for Pitkin county have determined that the water trust serves no useful public purpose at this time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 That Section 23-60 of the Municipal Code of the city of Aspen, "city-county Water Trust", be and is hereby repealed. ~-'..... \~.. ~" e".'..... ~'. ''- e. \illL.. ;<L"" section 2 This ordinance shall not have any effect on existing 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tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended a.s herein provided, and the same shall be construed and concluded under such prior ordinances.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 day 0: p~n .'-fU the ordinance shall be held on the \0 , 1993, 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 day of , 1993. ATTEScT, ~lbk 2 '... \*l. ,e., ~4 i,\ -"<.; -- J. ,91 FINALLY adopted, passed and approved this ilU!-f~ ATTEST: Kathryn jcl13.1 \/I~ 1993. 3 & day of , Mayor Pro Tern