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HomeMy WebLinkAboutordinance.council.016-94 t~ *. ,,!'e. 1, '~, te ORDINANCE NO. /10 Series of 1994 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CODIFYING THE REQUIREMENT THAT ALL EXTENSIONS AND EXPANSIONS OF THE MUNICIPAL WATER SYSTEM OF THE CITY OF ASPEN SHALL BE MADE IN ACCORDANCE WITH THE ASPEN AREA COMMUNITY PLAN AND CITY COUNCIL RESOLUTIONS RELATING TO WATER POLICY AND OPERATING PROCEDURES. Whereas, The City of Aspen is the owner of a municipal water system which provides domestic water service to customers both inside and outside the corporate limits of the City of Aspen, which system is operated and managed by the City Council of the City of Aspen, acting in its legislative capacity; and, Whereas, water supplies are a vital and fmite resource the prudent management of which requires legislative balancing of, inter alia, issues of rates for service, allocation of available supplies, and cost and overall impacts from expansion of system service obligations; and, Whereas the City of Aspen and its surrounding community are a unique and renowned area of exceptional scenic, historic, cultural, and recreational value; and, Whereas high altitude, extreme topographical variations, extensive federal and state land holdings, rapidly escalating property values, and increasing population growth require detailed and comprehensive consideration to preserve and maintain the valuable and unique assets and characteristics of the City of Aspen and its surrounding community and the quality of life enjoyed by its residents; and, 1,_;., ~\ "\< ,. 'II' e - - Whereas the City of Aspen and Pitkin County have, by joint resolution, the terms of which are expressly incorporated herein by this reference, endorsed that certain document known as the Aspen Area Community Plan ("AACP") as an appropriate guideline for the evaluation of real property development proposals in the Aspen Area, and the AACP has been adopted and applied by the Aspen Planning and Zoning Commission and the Pitldn County Planning and Zoning Commission for use in the consideration and review of proposals for development in the area included in the AACP; and, Whereas the City Council of the City of Aspen utilizes the AACP in considering all proposals for real property development and new water service inside and outside the City limits of Aspen; and, Whereas the City Council of the City of Aspen has determined that it is necessary and appropriate, to preserve the values identified above and to prudently manage and conserve the water resources of the City of Aspen, to fairly and uniformly apply the requirements and conditions of the AACP to all applicants seeking water service extensions or expansions from the City of Aspen, both inside and outside the city limits of the City of Aspen; and, Whereas the City Council of the City of Aspen has determined that codification of its requirement for compliance with the AACP is necessary and appropriate to provide notice of its intention to continue the uniform application of the AACP; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: 2 -' ,j) 't, \\. , ~ \., ., '. Section 1 Section 23-56(a) of the Municipal Code of the City of Aspen is hereby amended to read as follows: (a) Where both the utility service connection and all points of consumption are within the corporate limits of the City of Aspen, this shall be considered to be a utility service within the corporate limits of the city, and shall be made as provided in this division and in accordance with the Aspen Area Community Plan and City Council resolutions relating to water policies and operating procedures, as such exist at the time of the request for connection. Section 2 Section 23-56(b) of the Municipal Code of the City of Aspen is hereby amended to read as follows: (b) Every extension of water service where either the utility service connection or any point of consumption is outside the corporate limits of the City of Aspen shall be considered an extraterritorial tap, and shall be made only pursuant to agreement with the city, in accordance with the City of Aspen water main extension policy and consistent with the Aspen Area Community Plan and City Council resolutions relating to water policy and operating procedures as such exist at the time of the request for connection. The city shall not be obligated to extend water service outside the corporate limits of the 3 (A, ., e' " I0Zq *- '. city and may grant water service only upon a determination that no conflict exists between the best interests of the city, as expressed in the Aspen Area Community Plan and as otherwise determined by the City Council, and the prospective water use. The city may impose such contract, water rights dedication, and bond requirements as it deems necessary to safeguard the best interests of the city. 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 the ordinances repealed of amended as herein provided, and the same shall be construed and concluded under such prior 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. A public hearing on the ordinance shall be held on the _ day of 1994, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 4 .,. - ," 4(\:!__ "e ~, \.:,' . INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ,J~ day of ~ ~, ATTEST: , 1994. ~ 7. (?~- John 3. Bennett, Mayor FINALLY adopted, passed and approved this 'if; ~day of ~ ,1994. ATTEST: pm.ord ~ 7- (3~- John S/Bennett, Mayor 5