HomeMy WebLinkAboutordinance.council.022-84 ORDINANCE No. ~'~'
(Ser~es of 1984)
AN ORDINANCE AUTHORIZING THE APPROVAL OF A MEMORANDUM
OF AGREEMENT (Annexed hereto) BETWEEN THE BUREAU OF
RECLAMATION, THE CITY OF ASPEN, AND PITKIN COUNTY
CONCERNING THE CONSTRUCTION, OPERATION AND MAINTENANCE
OF THE RUEDI HYDROPOWER PROJECT.
WHEREAS The City of Aspen (hereinafter the City) and
Pitkin County (hereinafter the County) jointly hold FERC License
#3603 authorizing the City and County to develop the hydropower
resources of Reudi Dam and Reservoir, and;
WHEREAS The Bureau of Reclamation(hereinafter the Bureau)
is the builder and operator of Ruedi Dam and Reservoir, acting for
the United States Government, and;
WHEREAS in its capacity as Dam and Reservoir operator,
the Bureau is ~ully responsible for the safe and effective manage-
ment of all releases from Ruedi Reservoir and all other aspects of
Dam and Reservoir operations, and;
WHEREAS the City, County and Bureau have negotiated a
mutually agreeable Memorandum of Agreement which defines, to the
satisfaction of all parties, the relationship between and the
requirements and responsibilities of the parties as regards t~e
construction, operation and maintenance of the Ruedi Hdyropower
Project, and;
WHEREAS the City and County have approved the Memorandum
of Agreement by majority vote of the Aspen City Council and the
Board of Pitkin County Commissioners, respectively; at their Joint
Meeting of June ~, 1984:
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby accepts,
approves, and ratifies the Memorandum of Agreement between the
Ordinance
Bureau of Reclamation, the City of Aspen and Pitkin County as
presented and approved by majority vote at the Joint City
County meeting of June ~, 1984, a copy of which Agreement is
hereto attached and incorporated herein by reference. The
Mayor of the City of Aspen is hereby further authorized and
directed to execute the Memorandum of Agreement and to execute
all further documents necessary to carry out the transactions
referred to or reasonably implied from the Agreement and to
commit to upholding all committments and fulfilling all require-
ments of that Agreement.
Section 2
If any section, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court or competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions
thereof.
Secti on 3
A public hearing on the ordinances shall be held on the
/3 day of ~_ , 1984, at ~.p.m. in the City Council
Chambers, As~en City(/Hall, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law
by the City Council of the City of Aspen on the ~2 day of
_, , 1984.
William L. stirling, Mayor
A~T T-E ST:
Kathryn~/. Koch, City Clerk
FINALLY adopted, passed and approved this~-~._~ day of
· ~--:--- ~ William L. Stirling, Mayor
Kathryn S. Koch, City Clerk
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO )
) ss 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
reading at a regular meeting of the City Council of the
City of Aspen on /~ ~ , 19 ~/ , and published
in the Aspen Times a weekly newspaper of general circulation
published in the City of Aspen, Colorado, in its issue of
and ap.Proved at a regular meeting of the City Council on
~ , 19..~/, and ordered published as
-
Ordinance No. ~' , Series of 19 ~ , 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 /~ ~' day
of . , 19 .
Kathr~S. Koch, City Clerk
SEAL
Deputy City Clerk