HomeMy WebLinkAboutresolution.council.006-56R:~SOLUTION
WH!.?RE~S the Departma~.t of ~ea!th for the State of
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Colorado has asserted that the water and tb.e vcater system of the
Aspen. 'Water Compan,y fails to meet the minimum standards established
by the Department of Health, and
\i~Hi!JREAS, despite a difference of opinion as to the validity
of th3 assertions of the Department o~ ~ea!th, and the City Council
for the City of Aspen has been directed by the Department of !{ea!tlo
to submit a report to said [;epartmen. t rot later than i)ecember 1, !0.~6,
as to i~s ~}os~t~on incident to ~he p _c ater supp1.y for Aspen and
vicinity serv'~ced by the Aspen. ~at~:~r Company, and
affirmative action by '?;h~ City Co~mc~l is n~essary
to comely w~th ~'l~}he directi.~n-- of the ~'e~ ~. _
_.~ ~ ~ ~. : .... ~.eartment of Wealth a~d to .~,-e-
values and ~Drotect the o~-~°°d ......... n~me o¢ the.... City of As~en,..
and.., the public-' healte,~ sa~:ety and v:e!fare o~ the inhabita~ts~., of As-~en
an.d the inNabitants of the area adjacent to the City of Aspen~ and
.:'~.:.: ..... ::~.:Ao she Aspen ter Company is unvr~ !1
take thc needed action, mak:!n~7 it Necessary fop the City Council_
~: ~t,
..... and.
the C~ty Council has proceeded in seed faith to
discharge .... its duties and ob!i,,-ati~n.~_ .~.,~-.. ~_ 2o the ~nh. abitane, s_,_ of A~::~en,,._. .....
and has~ secured, a feas~b41ity_ _ .. re?.:.~ort anS~, _~ce4ved,_~ ..... a !~gal,, ~ein4.~n.~. .
that the City o_'/'? Aspen. owesno duty to the Aspen Water CompaNy
nurchase its ¢~c~lities or pay co:p at~
~.: ........ ~ m.~ons on to it, and
the City_ Council bas~ nevertheless negotiated
with the Asven: Water Company in an ~.~fo~t_., ............ to be fair, but ~a~,~ met
with an adaman, t refusal_ of said comeanv. .~,. to com..sider., anytb~n~,~ ~. .:_:~ b~.~.t a
%rossly ~-xorbitant fiRurc ,~,o ac~. -hbe eaci!ities of +.h A~.nen
~ater Company, which t}..~e City Council could not, in the fulfillment
of its duties to its inhabitants and the in~_~abitants of the area
adjacent to Aspen, conscientiously recommenO or accept ~vitb. due
re~.[~ard to the public interest co~.cerned,
~'~--r'~'~i:iFOr~. i-'i .?~. IT Rii~SP:r2ir~D, tb~at the City Coum. c il
proceed promptly with all ~_ecessary ~ste~s to obtain, a public vote
on a bond issue for a City owned water system, v~ithout regard to
the e.:-.vis~g., facilities of the Asv~._, ~ '~at~-.~ ..... Cnm~an~_.~.~..~ ,,, ~aki~,~.~. ~ue pro-
vi,sion for service to the a~eas outs{de its City limits now bein,~
served by the As?on '~Yater Compan,~;
='E:.-:~ iT PU~:~T.Hii'~iii!i':~.~ RDS'~''~ ... L~'~""",.., .~,D, that the bond issue, include_ a
sum estimated as sufficient to cover compensation to tho Aspen.
Water Com~:~any if and when the City Council should receive an offer
to sell from said water company ~.vhich the Council deems reasonable,
t ~
or, in. h~ alternative to me~t~ a~.r~., cont~,?~nt. ~.~,~. !er-,a!~.:..: !lability .... to the
Comvany_..: to~.~e~?~ther w~th ........... any neco~oary !:'-'~is.! e~:~_enses ~.~ ~rosecuLiog
or defe~d~_~ an,¥ action arisi~,::.~Z by virLue of the c.onstructio~_ o-?
a ~qitv o~rned oys ~-~ In ....
· ., .,., -. ,~;m. connection v,.'ith tb.e latt,~ alternative,
the City Attorney is directed., to i~vestigate '[:,b.e possibility o_? a
suret.v b,on,a prot~ct~n,-= the City a~ai_~st a_!~ or part of such con
Passed and snnroved this
ATTEST:
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