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HomeMy WebLinkAboutordinance.council.073-94 ~ ...... _ REEC 3'7960E_' E.'-7,',~ 1::'-804 Z3/~Z~9/95 I~1:[~t591::' [:'(3 :1. (3F' :1.4. . SII.._V ]:A !;)~t~ IS P]:TKZN C¢_')EJN'f'Y C[..E;RK &. RECORDIER 70.00 ORDINANCE NO. 73 (Series of 1994) AN ORDiNANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL OF A WATER SERVICE AGREEMENT, BETWEEN THE CITY OF ASPEN AND THE ASPEN SCHOOL DISTRICT. WHEREAS, the City owns and operates the City of Aspen water system in accordance with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, regulations, policies and resolutions of the City of Aspen, and this Agreement is entered into in conformity with, and subject to, such charter, and all sUch ordinances, rules, regulations, policies and resolutions; and WHEREAS, The Aspen School District is the owner of certain real property consisting of three (3) parcels and comprising approximately 29+ acres situated in Pitkin County, Colorado and outside the corporate limits of the City; and WHEREAS, water service is currently provided to the Subject Property by the City of Aspen Water Department and the Aspen School District seeks to obtain municipal water service for the entire property and project as described fully in the Water Service Agreement; and WHEREAS, approval for the Project has been granted by the Board of County Commissioners for Pitkin County; and WHEREAS, water service for the Projebt will not require the installation, upgrading or upsizing of any existing water mains, lines and related facilities, as these mains, lines and facilities have already been constructed by the District; and WHEREAS, the Municipal Code of the City of Aspen, Colorado (the "Code"), requires that the extension of water service outside the boundaries of the City shall be made only pursuant to a written agreement with the City, that the City shall not be obligated to extend such service, and may provide such service only upon a determination that it is in the best interests of the City, and that the City may impose such requirements by agreement as it deems necessary to protect its best interests; and WHEREAS, the City's Water Service Extension Policy permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5 (Series of 1993) as amended June 28, 1993, pursuant to Resolution No. 49 (Series of 1993), as the same may be further amended from time to time; and WHEREAS, the City has determined that the Agreement in the form attached as Exhibit A and all covenants therein are necessary to comply with the Code and the City's water policies, and the City is not entering into this Agreement as a public utility nor holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and THEREAFTER BE IT ORDAINED THAT, the Mayor of the City of Aspen is authorized to execute the attached Water Service Agreement. A public hearing on the ordinance shall be held on the ~ day of __ , 199,.~ City Chambers, Aspen City Hall, Aspen, in the Council Colorado. -:~-- c :, * .--.* I::'-~lZi6JZI3/'139/95 ~ZI :[ ,~ 591.-' [-::'£-3 ~; ,., 7 :) E 0~... B - 7 "? ','3 ..... ,F E~F '1.4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /~ day of ~ ~1994. John S. Bennett, Mayor AT, TEST:,, ~- City Clerk adopted, passed and approved this ¢7'~''~'' day of 1995. John S. Bennett, Mayor ,,,,~' ~ ,~ ~,~' O,k;i-TEST. '... ~, dity Clerk 3 07960= B-775 P-807 03/09/95 01:59P PG 4 OF 14 , CITY OF ASPEN WATER SERVICE AGREEMENT (Existing Developmen0 This Water Service Agreement is entered into this_~ day of '~c~._~_~_, 1994 , in Aspen, .Colorado, between ~E CITY OF ASPEN, a Colorado municipal corporation and home ru±e cl~y whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the "City"), and THE ASPEN SCHOOL DISTRICT a school district created under the laws of Colorado, whose address is 0446 Maroon Creek Road, Aspen Colorado 81611 (hereafter "District"). WITNESSETH WHEREAS, the city owns and operates the city of Aspen water system in accordance with the laws of the State of Colorado, and iin accordance with the charter, ordinances, rules, regulations, polii- cies and resolutions of the city of Aspen, and this Agreement iis entered into in conformity with, and subject to, such charter, and all such ordinances, rules, regulations, policies and resolutions. WHEREAS, District is the owner of certain real property consisting of three (3) parcels and comprising approximately 219± acres situated in Pitkin County, Colorado, as more particularly described in Addendum l, and referred to in this Agreement as the "Subject Property"; and WHEREAS, water service is provided to the Subject Property the system and facilities described on Exhib~A; and WHEREAS, the entire Project on the Subject Property is described on Addendum2 hereto; and WHEREAS, District seeks to obtain municipal water service from the City for the Project on the Subject Property; and WHEREAS, the Subject Property is located outside the corporate limits of the City; and WHEREAS, approval for the Project has been granted by the Board of County Commissioners for Pitkin County, and a copy of said application is attached as Exhib~ B; and WHEREAS, water service for the Project will not require the installation, upgrading or upsizing of any existing water mains, lines and related facilities, as these mains, lines and facilities have already been constructed by the District; and I · 379602 B-775 P-808 03/09/95 01:59P PG ~ OF 14 WHEREAS, the Municipal Code of the City of Aspen, Colorado (the "Code"), requires that the extension of water service outside the boundaries of the City shall be made only pursuant to a written agreement with the city, that the city shall not be obligated ito extend such service, and may provide such service only upon a deter- mination that it is in the best interests of the city, and that the city may impose such requirements by agreement as it deems neces- sary to protect its best interests; and WHEREAS, the city's Water Service Extension Policy permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5 (Series of 1993) as amended June 28, 1993, pursuant to Resolution No. 49 (Series of 1993), as the same may be further amended from time to time; and WHEREAS, the city has, in this case, elected to waive its general requirement that a developer install, at its expense, a loop system or a cross-tie system such that when water main extensions are made, such extensions shall be made in a manner that will allow cross-connection with another of the City's treated water mains to create a looped system; and WHEREAS, the City has determined that this Agreement and all covenants herein are necessary to comply with the Code and the city's water policies, and the City is not entering into this Agreement as a public utility nor holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and WHEREAS, the Code provides for the rating of new or expanded water service based on potential water demand as expressed in equivalent capacity units (hereafter "ECU"); and WHEREAS, the city desires to encourage the use of raw water supplies for the purposes of lawn and other outside irrigationiso as to reduce the dependence on treated water for this purpose and to minimize the costs of providing treated water service to the Subject Property; and THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the city and District agree as follows: PURPOSE OF AGREEMENT 1. Water Service to Project .and Subject Property. The parties agree that this Agreemen~ ~upersedes and replaces that certain Water Service Agreement between the parties dated August 16, 1965, and recorded with the Pitkin County Recorder January 28, 1966 at Book 218, Pages 378-379. By this Agreement, the City agrees to provide treated water service to the Project and the Subject Property under the terms of this Agreement in such quantities and to the extent herein provided so as to serve the -2- 379602 B-775 P-809 03/09/95 01:59P PG 6 OF 14 structures and uses shown on Exhib~A, which have authorized by Pitkin County under the approvals granted to District as shown on Exhib~B. Pursuant to this Agreement, the City shall provide treated water service to the Project and the Subject Property in an amount not to exceed 100 ECUs, provided, however, that the maximum volume of treated water the city shall be required to provide to the Project and the Subject Property pursuant to this Agreement shalI not exceed 42 acre-feet per year. Only those structures and uses approved for the Project and the Subject Property may be served under this Agreement. CONSTRUCTION BY DISTRICT 2. Mains, Lines and Facilities. District has designed and constructed the water transmission and distribution mains, lines, associated facilities and internal distribution lines for the Project at District's own expense. 3. Preconstruction Exhibits. The following exhibits con- cerning the Project were prepared by District and were reviewed and relied upon by the city in entering into this Agreement: Exhib~ C: Final plans for the water mains, lines and facilities that will be conveyed to the city pursuant to this Agreement. Exhibit D: a. Estimated gross water requirement (gpd) and water flow requirements for the Project for in-building use at full development and estimated treated wat!er irrigation requirements, including number of square feet to be irrigated with treated water. b. Fireflow provisions, including location, size and description of fireflow storage to serve the Sub- ject Property. c. Description of general location of easements to ~be conveyed to the City. (The parties agree that the Exhibits to this Agreement [Exhibits A through E] will not be recorded with the Agreement due to their length and bulk.) 4. District Enqineer's Certification. The city did nott prior to construction, approve the final plans and specifications for the water mains,~ lines and facilities to serve the Subject Property. Therefore, as a condition to approval of this Agreement by the city, District's registered professional project engineer (District Engineer) shall provide a certification to the City containing the following information: -3- &7)60~: B-775 P-810 03/09/95 01:59P PG 7 OF 14 a. District Engineer;s certification that he has inspected and certified the design and installation of all water system mains, lines and facilities. b. District Engineer's certification that the final plans and specifications for the water mains, lines and facilities to serve the Subject Property complied with the city's construction standards and specifications, and construction was completed without substantial deviation from said final plans and specifications; c. District Engineer's certification that the water system mains, lines and facilities, as constructed, meet all of the City's construction standards and specifications; d. District Engineer's certification shall also detail all water tap locations, service lines, service connections, metering, and sizes and details of the internal distribution system, and an evaluation of the internal piping schematics to ensure that there are no cross-connections, siphons or connections which could possibly contaminate the water system; e. District Engineer;s certification that District Engineer inspected (or had inspected by a certified backflow prevention technician) all backflow prevention devices, and that such devices were properly installed to protect City's water supply system from backflow incidents. f. District Engineer's certification that the water main and water line easements provide the city with at least ten (10) feet on either side of water mains and lines, that sewer lines are located at least ten (10) feet from any water main or line, and other utilities are located at least five (5) feet away from any water main or line. g. District Engineer's certification that upon completion of construction and before any water was delivered pursuant to th!is Agreement, all distribution and transmission mains and all associated water lines and facilities were tested and approved by District Engineer. h. District Engineer's certification, to be provided within two (2) weeks of execution, regarding the precise method of connection to the existing City of Aspen 6" CIP water line near the southerly end of the property including detailed drawings showing the method of connection. Said certification is attached as Ex~ib~ E. 5. Bond Requirements. District certifies that it has completed construction of all water mains, lines, and facilitieS, and has no obligation whatsoever to the contractor or any subcontractors, materialmen, or others involved in the construction -4- 379602 B-775 P-811 03/09/95 01:59P PG 8 OF 14 ~ of the water transmission and distribution mains, lines and associated facilities, or for the provision of materials therefor. Consequently, the parties agree that no payment or performance bond is required of the District. 6. Conveyance of Water Riqhts and Structures. District shall, upon execution of this Agreement, convey to the City all existing surface rights and wells pertaining to the Subject Property, along with the well permits and water rights pertaining thereto. 7. Fees. District has paid all fees (if any) imposed by the City in connection with reviewing and approving this Agreement, the design drawings and construction plans, as well as construction and inspection fees. District also be responsible for timely acquired and paid for all permits and permit fees from entities other than the city (such as Pitkin County and/or other regulatory agencies) necessary for construction of the mains, lines and associated facilities. 8. Inspection of Construction. District acknowledges that construction was not inspected and approved by the city's engineers or other designated personnel prior to burial or final installation, and for this reason, inter alia, the District Engineer's Certification is required as set forth in Paragraph 4. 9. Easements. District shall obtain at its own cost and convey in perpetuity to the City as-built non-exclusive easements for water mains, lines, tanks and other water facilities, along with all necessary access easements for maintenance and repair pur- poses ("easements") with the exception that the existing 6" CIP private water main located near the easterly property boundaryiis not included in the proposed facilities to be conveyed to the city and will continue to be privately owned and maintained. The water main and water line easements must be large enough to provide the City with at least ten (10) feet on either side of water mains and lines and must specify that (1) sewer lines must be located at least ten (10) feet from any water main or line, and (2) other utilities must be located at least five (5) feet away froml any water main or line. Access easements and easements for tanks and other facilities shall be of a size determined by the city to!be reasonably necessary for the operation, maintenance and repair of the tank or other facility to be located on such easement. Each party shall be solely responsible for any injury or damages, including costs and attorneys' fees, to persons or property arising from its own negligent acts or omissions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of any defense or limitation available to the City under the Colorado Governmental Immunity Act or other applicable law. 10. Testinq - Conveyance - As-Built Drawinqs. Upon comple- tion of construction and before any water was delivered pursuantlto -5- 379602 B-775 P-8i2 03/09/95 01:59P PG 9 OF 14 this Agreement, all distribution and transmission mains and all associated water lines and facilities were tested and approved by the District Engineer, as certified in Exhib~E. Said distribution and transmission mains and all associated water lines and facilities will be conveyed (excluding individual service lines and the privately owned 6" CIP water main as described in Section 9 of this agreement) with all necessary non-exclusive easements to the City, free and clear of all liens and encumbrances, by deed in form acceptable to the City Attorney. As-built drawings of the Project, including the water system and all other utilities, shall be provided to the city on reproducible sepias with a maximum size of 24" x 36", and on an "auto cad disk data transfer file" tied into one (1) set of state plane coordinates. WATER SERVICE 11. Treated Water Service. The city will provide treated water service to the Subject Property to no more than the total number of ECUs provided for by the final approved design drawings, provided that the maximum volume of water the city shall be required to supply each year shall not exceed the amount (in acre- feet) set forth in paragraph 1 above. Any change in the treated water service requirements for the Subject Property will require approval by the City, and amendment of this Agreement. The treated water to be delivered by the city pursuant to the terms of this Agreement may be used for all lawful in-building municipal purposes and for fire protection, and normal and reasonable outside irrigation of trees, lawns and gardens. The parties acknowledge and agree that, until a raw water irrigation system is available to serve the Subject Property, District may use treated water to irrigate its playing fields, provided, however, that maximum outdoor irrigation shall not exceed 400,000 square feet. Notwithstanding the foregoing, all water use will be consistent with the City's Water Policy Resolution (Resolution No. 5, as amended, (Series of 1993)), and water conservation ordinances. 12. Raw Water Service. The city may, at its election, provide raw water for irrigation purposes on the Subject Property to the extent it is able to do so utilizing its existing ditch system. To the extent raw water irrigation is provided, District will not use treated water for outdoor irrigation. 13. TaD Fees - ComDutation and Payment; Schedulinq of TaDs. The District's tap fee has been computed to be $128,197.75. The tap fee as finally computed may be paid by the District in ten equal annual installments of $12,819.78, without interest. The first installment shall be due upon execution of this Agreement, and the remaining installments shall be due annually on the anniversary date of execution of this Agreement. No credit or refund of tap fees will be given if raw water irrigation is utilized by the District at some future time. -6- ~ 5 37960~ B-775 P-813 0~/09/9 01:59P PG 10 OF 14 14. Service Lines. Each service line shall be metered in accordance with the Code at the sole expense of District. 15. Limitations on Provision of Water Service. This Agree- ment is only for the supply of treated water service as herein described and no expansion of uses, connections, or water service beyond those set forth herein and in the Addenda and Exhibits hereto is in any way authorized by this Agreement. The City is not by this Agreement prejudging, certifying or guaranteeing its abil- ity to provide treated water service to any use or structure except as provided herein, nor may this Agreement be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request, except as provided herein. 16. Service Subject to the city's Charter, Codes, Rules, Requlations and Policies. District, Owner and their respective successors in interest shall be bound by, and all water service provided hereunder shall be subject to, all applicable provisions of the Charter of the City of Aspen and the Aspen Municipal Code, as well as all applicable rules, policies or regulations of the city now in effect or as may be hereafter adopted. 17. Rules Reqardinq Water Use. District agrees to adopt all provisions set forth herein as rules and regulations governing the use of water on the Subject Property, and agree that this Agreement and the Addenda hereto shall be recorded as covenants running with the land and shall be as fully enforceable on the Subject Property as if the same were situated inside the City. District agrees to assist the City in every manner reasonably possible to enforce the city's ordinances, rules and regulations made to protect purity, safety and supply of the water delivered pursuant to this Agree- ment, including cur%ailment during times of shortage, elimination of any potential cross-connections, and the utilization of water conservation devices as set forth in the Code. District also agrees to prohibit all unnecessary or unreasonable waste of water on the Subject Property, and to make reasonable efforts to enforce such prohibition. The unreasonable or unnecessary waste of water shall be defined as set forth in the Code. 18. Source of Water Supply. The parties to this Agreement recognize that the city's water supply is dependent upon sources from which the supply is variable in quantity and quality and beyond the city's reasonable control; therefore, no liability shall attach to the City under this Agreement on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to inadequate runoff, poor quality, failure of infrastructure, or other occurrence beyond the city's reasonable control. 19. No Guarantee of Water Quality, Quantity or Pressure. The City makes no promise or guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppression, except as specifically provided herein or as is required by applicable federal, state and local laws and regulations. The City agrees to 379602 B-775 P-814 03/09/95 01:59P PG 11 OF 14 treat its water to meet all mandatory local, state and federal potable water standards and to exercise reasonable care and fore- sight in furnishing water hereunder equal in quality to that furnished inside the City. 20. Property Riqhts in Water. All water furnished under this Agreement is provided on a contractual basis for use on the Subject Property as described in this Agreement, and all property rights to the water to be furnished hereunder are reserved to the city. Water service provided under this Agreement does not include any right to make a succession of uses of such water, and upon comple- tion of the primary use of the water on the Subject Property, all dominion over the water provided reverts completely to the City. Subject to the prohibition against waste and any other limitations on water use imposed in this Agreement, District shall have no obligation to create any particular volume of return flow from the water furnished under this Agreement. District agrees to cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents. VIOLATIONS 21. Enforcement by the City. The parties to this Agreement recognize and agree that the City has the right to enforce its rules, policies, regulations, and ordinances as the same apply to construction, operation and maintenance of water mains, lines and associated facilities, water service and water use, and the terms of this Agreement by the disconnection of the supply of water pro- vided hereunder. Additionally, in the event that District or any user who has purchased or leased a portion of the Project or the Subject Property violates the rules, policies, regulations or ordi- nances of the city, the City shall have all remedies available to it at law or in equity, or as provided in the Code. Without lim- iting the foregoing rights and remedies, District agrees that the City may also enforce such rules, policies, regulations or ordinances by injunction, the parties agreeing that the damages to the City from such violations are irreparable, and there is no ade- quate remedy at law for such violations. The City shall be free from any liability arising out of the exercise of its rights under this paragraph. TERM/NATION 22. Termination by Aqreement. Except as provided to the con- trary herein, this Agreement shall only be terminated in writing by mutual agreement and the term of this Agreement shall continue until such termination. 23. Termination if Illeqal. The parties agree, intend and understand that the obligations imposed by this Agreement are con- ditioned upon being consistent with state and federal laws and the Code. The parties further agree that if any provision of this -8- o7960~ B-775 P-815 03/09/95 01:591=' PG 12 OF 14 Agreement becomes in its performance inconsistent with the Code or state or federal laws, or is declared invalid, the parties shall in good faith negotiate to modify this Agreement so as to make lit consistent with the Code or state or federal laws as appropriate, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Agreement shall terminate. The City agrees that its contractual obligations hereunder will not be impaired by any amendment to the Code unless such amendment (or impairment) mandated by State or Federal law. GENERAL PROVISIONS 24. Annexation. Upon the written request of the City, at its sole discretion, District or its successors in interest, shall petition for and/or consent to the annexation of the Subject Prop- erty, or those portions thereof as deemed appropriate by the City, to the City of Aspen at such time(s) as determined by the City. Such annexation(s) shall not divest or diminish any land use approvals or development rights awarded by Pitkin County for ~he Project or the Subject Property, to the extent such approvals and rights are legally vested on behalf of District prior to annexation to the City. Land use approvals or development rights not vested in accordance with law prior to the annexation shall be subject to the terms, conditions, and regulations of the Aspen Municipal Code upon annexation. Failure of District or its successors in interest to commence and complete annexation proceedings as herein required shall constitute a material breach of this Agreement authorizing the city to terminate the same. Alternatively, failure of District or its successors in interest to commence and complete annexation as herein required shall authorize the City to commence and/ior complete such annexation on their behalf, in which event the City shall charge, and District and its successors in interest shall pay, all costs and fees associated with such annexation. 25. No Public Utility Status. The parties agree that by this Agreement the City does not become a public utility compelled !to serve other parties similarly situated. District agrees that neither it nor its successors in interest shall at any time petition the Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the City. The parties agree that in the event the City is held to be a public utility by virtue of this Agreement, this Agreement shall terminate and be of no further force or effect. 26. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 27. Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at his or its address shown herein, or at such other address as shall be given by notice pursuant to this paragraph. -9- ~79602 B-775 P-816 03/09/95 01~59P PG 13 OF 14 Copies of such notices shall also be sent in the same manner to the City Attorney, City of Aspen, 130 South Galena Street, Aspens Colorado 81611. 28. Force Majeure. No party shall be held liable for a fail- ure to perform hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of that party. 29. Severability. If any provision of this Agreement shall be or become invalid or unenforceable, the remaining provisions shall not be affected thereby, and each and every provision shall be enforceable to. the fullest extent permitted by law. 30. Amendment; Assiqnment. Neither this Agreement, nor the obligations of either party hereto, nor the right to receive water service hereunder, may be amended without the parties' written agreement, nor may District's rights or obligations hereunder be assigned without the City's prior written consent. 31. Entire Aqreement. Except as otherwise provided herein, this Agreement, including its Addenda and Exhibits, supersedes and controls all prior written and oral agreements and representations of the parties and is the total integrated agreement among the par- ties governing the matters provided for herein. 32. Interpretation. Neither the titles to this Agreement nor the recitals appearing prior to paragraph 1 of this Agreement shall be used to alter the meaning of this Agreement and in the event of a conflict, the terms and conditions of the numbered paragraphs shall govern. 33. Bindinq Aqreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Project, the Subject Property, or any portion of either shall be subject to this Agreement as provided herein. This Agree- ment and the Addenda hereto (but not the Exhibits, which are lengthy, illustrative and technical in nature) shall be recorded with the Pitkin County Clerk and Recorder, and shall impose cove- nants running with the land upon all of the Subject Property. Deeds to subsequent owners shall provide notice of this Agreement and the obligations contained herein. 34. Governinq Law; Venue; Attorneys' Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. - 10- 379602 B-775 P-817 03/09/95 01:59P PG 14 OF 14 35. Authorization of Siqnatures. The parties acknowledge and represent to each other that all procedures' necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 36. Counterparts. This Agreement may be signed using coun- terpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. THE CrFY OF ASPEN, COLORADO ATTEST: A Municipal Corporation and Home Rule City City Clerk~ J APPROVED AS TO FORM: ~Clty Attorney ASPEN SCHOOL DISTRICT Title: /