HomeMy WebLinkAboutordinance.council.042-83 RECORD OF PROCEEDINGS 100 Leaves
(Series of 1983)
AN ORDINANCE APPROVING THE EXTENSION OF MUNICIPAL WATER UTILITY
TRANSMISSION LINES BEYOND THE CITY LIMITS TO THE ASPEN MUSIC
SCHOOL CAMPUS OF THE MUSIC ASSOCIATES OF ASPEN, INC. (MAA), A
NON-PROFIT CORPORATION, AND ADOPTING A WATER SERVICE AGREEMENT
BETWEEN THE CITY OF ASPEN AND "MAA", A COPY OF WHICH IS ANNEXED AS
EXHIBIT "A", THE TERMS OF WHICH INCLUDE A DEFERRAL OF THE COSTS
AND CHARGES ASSOCIATED WITH THE "MAA" WATER LINE EXTENSION AND
WATER SERVICE CONNECTION CHARGES, SECURITY FOR THE DEFERRAL AND
CERTAIN CUSTOMARY LIMITATIONS ON EXTRATERRITORIAL WATER UTILITY
SERVICE
WHEREAS, the Music Associates of Aspen, Inc. (MAA), a non-
profit community-based corporation, sponsors and manages the Aspen
Music Festival, the Aspen Music School and other related cultural
and educational endeavors; and
WHEREAS, the MAA, through its efforts, incalculably enriches
the cultural and educational life of this City and significantly
effects the economic health of the City; and
WHEREAS, the MAA Music School Campus, located on Castle Creek
Road near the City of Aspen can no longer reasonably rely on its
wells as a source of potable water; and
WHEREAS, without potable water at the campus, the continued
viability of the Music School and possibly the MAA is in question;
and
WHEREAS, the MAA is at the present time without funds to pay
for an extension of a municipal water service transmission pipe-
line from the City's Castle Creek Water Treatment Plant to the
campus and a water utility connection charge; and
WHEREAS, the City Council, in light of the foregoing factors
and in the best interests of the citizens and community of Aspen,
has agreed to advance the cost of such a pipeline to the campus
and to provide municipal water service subject, however, to cer-
tain conditions;
RECORD OF PROCEEDINGS 100 Leaves
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the Water Service Agreement annexed hereto as Exhibit
"A" between the City of Aspen and the Music Associates of Aspen,
Inc., providing for a water line extension and water service for
the Aspen Music School Castle Creek Campus, be and hereby is
approved and adopted.
Section 2
That the Mayor and the City Manager be and hereby are each
separately authorized and directed to execute Exhibit "A" and all
other documents necessary to complete the transaction described in
Exhibit "A", after the form of all documents has been approved by
the City Attorney.
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of 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.
Section 4
A public hearing on the ordinance shall be held on the /~
day of ~ , 1983, at 5:00 P.M. in
the City Council Chambers, 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 ~ day of
, 1983.
Wzlliam L. Stirling, Mayor /
RECORD OF PROCEEDINGS 100 Leaves
A~TEST:
~, City Clerk
/
FINALLY adopted, passed and approved this ~__ day of
k.3 , 1983.
William L.
AT~EST:
Kathryn ~Koch, City
3
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
in the Aspen Times a weekly newspaper of general circulation
published in the City of Aspen, Colorado, in its issue of
~-' 19 ~ , and was finally adopted
and approved at a regular meeting of the City Council on
7~ /~ , 19 ~ ,-and ordered published as
Ordinance No. .~ , Series of 19 ~3, 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 /3 day
· ch, City Clerk
SEAL
Deputy City Clerk