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HomeMy WebLinkAboutordinance.council.018-76RECORD OF PROCEEDINGS 100 Leaves O n N CS NO. I$ (Series of 1976) AN ORDINANCE APPROVING THE EXTENSION OF THE CITY WATER SERVICE TO THE SITE OF THE NEW ASPEN HOSPITAL SUBJECT TO COMPLIANCE WITH CER- TAIN REQUIREMENTS OF THE CITY ENGINEER AND CONVEYANCE BY THE HOSPITAL DISTRICT TO THE CITY OF AN EASEMENT FOR ITS TWELVE (12) INCH .MAIN IN PLACE PARALLEL TO CASTLE CREEK ROAD WHEREAS, the Aspen Valley Hospital District proposes to construct a new hospital facility South of Castle Creek Road and outside the boundaries of the City of Aspen, and to service such facility with water supplied by the City-owned water utility, and WHEREAS, conditions precedent to such service are (a) approval of the extension by the Pitkin County Planning and Zoning Commission pursuant to the requirements of C.R.S. 1973, 30-28-110, and (b) ratification of the extension by ordinance by the Aspen City Council as provided in Section 11.3 of the Aspen Home Rule Charter, and WHEREAS, the Aspen City Council has been tendered evidence of the approval of the County Planning and Zoning Commission, and wishes to add its own authorization for the proposed extension, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 2'hat the City Council does hereby authorize the extension of water service beyond the City limits of the City of Aspen, Colorado, for purposes of establishing a water supply to hospital facilities to be constructed on the following described tract located in Pitkin County, Colorado: RECORD OF PROCEEDINGS 100 Leaves A parcel of land situated in the Southwest one-quarter of the Southwest one-quarter of Sec. 12, T10S, R85W of the 6th P.M., described as follows: BEGINNING at a point on the Easterly boundary line of Meadowood Subdivision whence the Southwest corner of said Sec. 12, a 1954 B.L.M. brass cap, bears S.03°43,28. E. 11.98 feet; thence N.03°43,28-W. 342.86 feet along the Easterly boundary line of Meadowood Subdivision; thence N.03o00,00. W. 296.00 feet along the Easterly boundary line of Meadowood Subdivision; thence N.71o00, 00" E. 607.23 feet to a point.on the Westerly right of way line of Castle Creek Road, thence S.21 23'00" E. 615.81 feet along said right of way line; thence S.71© ~00'0D" W. 804.76 feet to the point of beginning. Section 2 That nothing herein shall be construed to constitute a guaranty of water supply but any installation of such service and supply of water shall be conditioned upon compliance by the Aspen Valley Hospital District with any and all requirements of Article III of Chapter 23 of the Aspen Municipal Code (as now exists or may here- after be amended), and the terms and provisions of the water extension agreement to be entered into by the Hospital District and the City of Aspen pursuant to this ordinance. Section 3 That this grant of authority to extend is more specifically conditioned on (1) the conveyance by the Aspen Valley Hospital District to the City of Aspen of an appropriate easement for the twelve (12) inch water main lying across the above-described property (on the City's supplying to such district an appropriate survey therefore), (2) the construction of any such water lines and appurtenances only in accordance with the City Engineer's specifications for such improvements, and (3) the conveyance to the City of those lines and appurtenances (and necessary easements therefore) which the City Engineer designates to be owned by the City of Aspen, all as more particularly described in the water extension agreement to be entered into by the Hospital District and the City. RECORD OF PROCEEDINGS 100 Leaves Section 4 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 5 A public hearing on this ordinance shall be held on the 26 day of April 1976, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ATTEST: F~THRYN/S. HAUTER, CITY CLERK INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held April 12, 1976. ~TACY TANDLEY III, MAYOR ATTEST: , 1976 KATHRYN ~ HAUT~R, CITY CLERK RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~. reading at a regular meeting of the City C0Unc. il of~the City Of Aspen Dn /~ ' i976, ah'~ Published in %he Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ~. /~. , 197___~, and was finally adopted and approved at a regular meeting of the City Council on _. ~ ~ , 197__~., and ordered published as Ordinance No. /~ , Series of 197~, of said City, as provided by law. IN WITNESS WHEREOF, I and the s~of said City of Aspen, day of ~ , 197~. have hereunto set my hand Colorado, this Hauter City Clerk