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HomeMy WebLinkAboutresolution.council.019-98 P~SOLUTIONNO. I~- Series of 1998 A RESOLUTION OF TI-fl~ CITY COUNCIL OF TI-I~ CITY OF ASPEN, COLORADO, FINDING SUBSTANTIAL COMPLIANCE WITH TH~ CITY OF ASPEN WATER POLICIaS RELATING TO TIlE EXTENSION OR EXPANSION OF WATER SERVICE TO THE NORTH FORTY PROPERTY WH~P~AS, the North For~y Project has submitted an application for water service to the City of Aspen Water Department; and. WI-I~REAS, the property proposed to be served by the requested water service is in Pitldn County and not within the city limits of the City of Aspen; and WHEREAS, the City Council has adopted by resolution (Resolution No. 5, Series of 1993) policies to guide municipal water system development and services beyond the city limits; and WHEREAS, said policies, codified at Section 23-56(b)of the Municipal Code, require the City Council to make a determination that the proposed water service extension complies with said policies and is in the best interests of the City of Aspen; and WHEREAS, the City of Aspen and 'John P. McBride clIb/a Aspen Airport Business Center, a predecessor in interest to the North Forty Project, entered into a "Contract for Contribution Toward Water Main Construction" in 1969 as authorized by the City Council on November 10, 1969; and WHEREAS, said contract obligated the Aspen Airport Business Center to construct a water transmission main to the Aspen Airport Business Center, and the City agreed to provide water to the Aspen Airport Business Center; and WHEREAS, the parties cannot agree whether the contract requires the City of Aspen to provide water to lands adjacent to the Aspen Airport Business Center such as the North Forty Project; and WHEREAS, the City Council has had an opportunity to review with City' staff and representatives of the North Forty Project the proposed expression of water service to the property commonly referred to as the "residential and educational components" of the North Forty Project, and specifically excluding the "commemial component." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The City Council of the City of Aspen hereby determines that the proposed water service extension to the "residential and educational components" of the North Forty Project located beyond the city limits of the City of Aspen complies in all respects with the City of Aspen water policy for extraterritorial services as set forth in Resolution No. 5, Series of 1993, and the Aspen Area Community Han. The City of Aspen has the present capacity to serve, and hereby agrees to provide water sufficient to supply water to the extent of, the number of ECU's reasonably necessary for the residential and educational .components as currently proposed, including the irrigation and soccer field requirements, so long as all of the following conditions are met: 1. An amended application for water service is received by the Water Department within two years of the effective date of this Resolution. The amended application shall contain, at a minimum, the follo~ving information: a. Engineering drawings detailing the proposed water main extension and all related facilities in a format and with clarity satisfactory to the City of Aspen Water Department. Such drawings shall provide resolution, in a manner acceptable to the Water Department, of all technical issues identified by the Water Department in its preliminary review of the project, and other technical issues that may arise as a result of changes or refinements to the project occurring after the Water Department's preliminary review. b. A proposal acceptable to the City to ensure financial security for ?~' completion of the project. ,t'~', c. Estimated engineering costs to complete the project in sufficient detail to the satisfaction of the City. d. Any other information determined necessary by the Water Department or City Attorney. e. The application for water service shall be accompanied by a processing fee and review fee as established by the City. 2. Applicant has made representations to the City Council with respect to the development approvals Currently being sought from the Board of County Commissioners of Pitkin County. Any substantial alterations to the proposed development which are made and approved by the County shall be subject to approval by the City Council prior to the execution of a Water Service Agreement. A substantial alteration shah be defined as any amendment to the project that would require a remand to the Pitkin County Board of County Commissioners as a general submission review. 3. No extension or expansion of service shall be approved without the prior execution of a written Water Service Agreement. Said Water Service Agreement must be approved by the City Council by Ordinance. However, so long as the proposed development is not substanfiaily altered or any substantial alterations are approved ~ by the City Council, and the Water Service Agreement contains the provisions listed below, then the Water Service Agreement shall be approved by the City Council without conditions or requirements other thm~ those set forth in this Resolution. Said Water Service Agreement shall contain the following provisions: a. The applicant shall agree, in a manner binding upon all users of the water system, to a restriction acceptable in form to the City Attorney on the use of treated potable water to irrigate common open spaces and recreational areas in the event that raw water is made available for irrigation proposes for common open spaces or other common recreational areas which do not require treated water. b. An agreement by the applicant to annexation of all property served by the extension or expansion of water service at such time as the property becomes contiguous to the City and the City determines such annexation is desirable. Said consent shall be provided by each owner of property served on a document in form acceptable to the City Attorney and recordable in the County Clerk and Recorder's Office as a covenant to mn with the land. c. Applicant or its successors shall pay all utility charges, tap fees, utility connect charges, any other related water utility fees as set forth in the Aspen Municipal Code for the connection of City of Aspen water services, and a pro-rated charge (currently estimated at $400.00 per ECU) for well system improvements. Nothing contained herein shall be construed to obligate Applicant to pay for any Dff-site improvements to the City's water system not paid by all water consumers as part of their normal and usual charges for water use. The term "off-site improvements" includes improvements to the City's water system off of the North Forty Project property. d. Applicant and the City agee that all water lines and sewer line locations shall comply with all state, federal and local laws and regulations. Section 2. The adoption of this resolution by the City Council shall not be construed as an admission that the City of Aspen has any legal obligation under the aforementioned 1969 contract to provide water service to the "residential and educational components" of the North Forty Project or any future "Commercial components" to the project that may be proposed by the North Forty Project or approved by the Pitkin County Board of County Commissioners. The execution of a water service agreement as contemplated herein shall not be construed as a waiver by the North Forty Project of its claim for provision of water service to the North Forty project under the aforementioned 1969 contract. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of~, 1998. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. cle JpW-OB/O5/98-H:\msoffice\winword\resos\nor~h40.doc