HomeMy WebLinkAboutordinance.council.022-09ORDINANCE NO. 2~'
Series of 2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, CONSENTING TO THE IMPROVEMENT FOR RENEWABLE
ENERGY AND ENERGY EFFICIENCY PURPOSES TO ANY RESIDENTIAL
OR COMMERCIAL PROPERTY WITHIN THE CITY BY THE COUNTY OF
PTHIN.
WHEREAS, pursuant to part 6 of article 20 of title 3Q, Colorado Revised Statutes, as
amended (hereinafter the "Act"), Pitkin County has authorized a local improvement
district for the purpose of encouraging, accommodating, and financing Energy Efficiency
and Renewable Energy Improvements (both as defined in the Act); and
WHEREAS, Pitkin County via the Pitkin County Energy Smart Local Improvement
District (the "District") desires to encourage, accommodate and provide financing for
Energy Efficiency and Renewable Energy Improvements ("EE/RE") (the "Project")
pursuant to the Act for the purpose of accomplishing the Project, including paying all
costs necessary and incidental thereto; and
WHEREAS, the City Council of the City of Aspen, Colorado, (the "Council") finds as
follows:
• The creation of the Pitkin County Energy Smart Local Improvement
District will benefit property owners in the Aspen municipal boundary by
enabling them to participate in the Energy Smart Loan Program;
• The Canary Action Plan calls for community wide greenhouse gas
emissions of 30 percent by 2020 and 80 percent by 2050 from 2004
baselines;
• City participation in the District and Energy Smart Loan Program will
enable property owners to improve the energy performance of their
buildings thereby furthering the goals of the Canary Action Plan;
• The City's Utilities Efficiency Program offers incentives for property
owners to have energy audits on their buildings to help identify the best
energy improvement measures; and
WHEREAS, this Council finds that giving such consent to allow such participation is in
the best interests of the residents and property owners of the City
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1. The City hereby consents, as provided in Section 30-20-603(1)(a), Colorado
Revised Statutes, as amended, to energy efficiency and renewable energy systems and
improvements being installed upon any private property within the City_through Pitkin
County's Energy Smart Local Improvement District, pursuant to the Act, in order that
owners of properties located anywhere within the City_may voluntarily agree to
participate in the District's program.
Section 2. Any future consents that may be necessary or desirable for properties
hereinafter included within the City of Aspen maybe given by ordinance or resolution as
this Council in its discretion determines.
Section 3. The officers of the City_shall take such other steps or actions necessary or
reasonably required to carry out the terms and intent of this Ordinance and Consent.
Section 4. If any section, paragraph, clause, or provision of this Ordinance shall for any
reason be held to be invalid or unenforceable, the invalidity or unenforceability ofsuch
section, paragraph, clause, or provision shall not affect any of the remaining provisions of
this Ordinance.
Section 5. All actions not inconsistent with the provisions of this Ordinance heretofore
taken by the Council and the officers of the City regarding this matter hereby are ratified,
approved, and confirmed.
Section 6. This Ordinance shall be in full force and effect thirty (30) days after
publication following final adoption.
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Section 7. A public hearing on this ordinance will be held the ~ day of October 2009.
INTRODUCED, READ AND SCHEDULED FOR SE~OND READING as provided
bylaw, by the City Council of the City of Aspen on the 1 day of October 2009.
Attest:
Kathryn S. Ko ,City Clerk
FINALLY adopted, passed and approved this ~ day of / , ~ '
2009.
Attest:
Kathryn S. I h, City Clerk