HomeMy WebLinkAboutordinance.council.048-85 ORDINANCE #48
Series of 1985
AN ORDINANCE AMENDING CHAPTER 23 ARTICLE III BY
ENACTING NEW SECTION 23-55.1 PROVIDING FOR THE INCOR-
PORATION OF CERTAIN GROUNDWATER INTO T~E MUNICIPAL
SERVICE' PLAN AND DECLARING THAT AN EMERGENCY EXISTs
WHEREAS, Senate Bill 5 provides for the protection and
preservation of non-tributary groundwater by municipalities for
use by residents; and
W}{EREAS, public health, safety and welfare requires the
adoption of this ordinance and the requirements of Senate Bill
5 necessitate the adoption of this ordinance as an emergency
measure.
NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF
ASPEN, COLORADO
Section 1
That Chapter 23 Article III of the Municipal Code of the
City of Aspen, Colorado, is hereby amended by adding Section
23-55.1 to read as follows:
"Sec. 23-55.1. Incorporation of certain groundwater into munici-
pal service plan.
a) "All non-tributary groundwater" as used in this Section
23-55.1 means all groundwater as defined by C.R.S. 37-90-103(10.5)
(S.B. 5, Section 2, effective July 1, 1985).
b) All non-tributary groundwater underlying the corporate
boundaries of the City of Aspen, as such boundaries existed on
January 1, 1985, is hereby incorporated into the municipal water
service plan and the owners of any land overlying such non-tribu-
tary groundwater shall thereby be deemed to have consented
to the withdrawal of all such groundwater by the City, subject
to the provisions of C.R.S. 37-90-137(8) (S.B. 5, Section 3,
effective July 1, 1985.)
c) Upon annexation of any parcel, the landowners shall
consent to the withdrawal by the City of all non-tributary
groundwater underlying the annexed parcel. Such consent shall
be given without cost to the City.
d) No out-of-city water service shall be extended unless
the agreement therefor provides for the consent required by
paragraph (c)."
Section 2
This ordinance shall be effective as an emergency ordinance
after passage at two meetings of City Council.
Section 3
If any provision of this ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdic-
tion, such provision shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the
validity of the remaining portions hereof.
INTRODUCED, READ AND ORDERED published as provided by law
by the City Council of the City of Aspen, Colorado, at its
special meeting held on August 19, 1985.
William L. Stirling, May6r
Ka~ city. clerk
FINALLY adopted passed and approved on August 26, 1985.
William L. Stir
ATTEST: ~
~gogq -
~{athryn ~. ~ch, City Clerk
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO CERTIFICATE
COUNTY OF PITKIN
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby
certify that the above and foregoing ordinance was introduced,
read in full, and passed on first reading at a regular meeting of
the City Council of the City of Aspen on /~ .... ,
1985, and published in the Aspen Tim~, a weekly newspaper of
general circulation published in the City of Aspen,Colorado, in
its issue of 1985, and was finally
adopted and approved at a regular meeting of the City Council on
d~~_~-~~ , 1985, and o~dered published as
Or , Series of 1985, of said City as provided
by law.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal
of said City of Aspen, Colorado this __c~_~__ day of
~ 1985.
Kathryn S~Y. Koch, C~ty Clerk
STEAL
Deputy City Clerk