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HomeMy WebLinkAboutordinance.council.004-90 '. ~ . ." " I' CITY OF ASPEN, COLORADO ORDINANCE NO. 90- 4 SERIES OF 1990 AN ORDINANCE ENTITLED: EXTENSION OF MUNICIPAL WATER UTILITY TRANSMISSION LINES TO THE MAROON CREEK DEVELOPMENT CORPORATION PROPERTY. WHEREAS, the Clty Councll has adopted, by Resolutlon No. 50 of 1989, a 1990 Water System Capital Improvements Program WhlCh provided for the authorization of these capltal lmpro- vements and payment therefore by entering lnto Water SerVlce Agreements, and WHEREAS, the capital improvements contemplated thereln lncluded extenslon of water utllity service to the Maroon Creek Development Corporatlon Property, as described hereln and located outslde the present municlpal boundarles, and WHEREAS, the Home Rule Charter for the Clty of Aspen, Colorado, Art. XI, Sectlon 11.3, provides that extenslons of the munlcipal water utllity transmisslon lines beyond Clty boundaries may be authorlzed by the City Council, such authorlzation to be by ordlnance, and WHEREAS, the City and the Maroon Creek Development Corporatlon have negotiated a proposed Water Service Agreement, to prov1de for the extenslon of water utillty ser- -1- " ~ . . Vlce and the payment for the necessary facllitles to accompllsh the extension, of the form of the draft agreement presented to the Councll on January 22, 1990, and WHEREAS, no water service may be provided until approved by the Board of County CommlSSloners of Pitkln County in accordance w1th Resolutlon 13-73 of Pltkin County, and WHEREAS, no extenslon of water ut1l1tles may be provided untll approved by the Board of County Commlssioners of Pltkln County ln accordance with land use regulatlons enacted pur- suant to H.B. 1041. NOW THEREFORE, be it ordalned by the Clty Councll of the Clty of Aspen, Colorado, SECTION 1 The City Councll hereby finds that the extenslon of water utillty service to Maroon Creek Development Corporat1on Property is ln the best lnterests of the Clty and promotes the publlC health and safety of water users connected to the Aspen Municlpal Water System. The Mayor and the Clty Clerk are hereby directed to execute on behalf of the City a Water Service Agreement with Maroon Creek Development Corporation. Sald Agreement belng attached hereto as Exhlbit 1. -2- ". [. ". SECTION 2 The Water Service Agreement lS not effectlve untll approved in accordance wlth Resolut10n 13-73 of Pltkln County. SECTION 3 The Water Servlce Agreement is not effectlve untll approved ln accordance with land use regulations enacted pur- suant to H.B. 1041. SECTION 4 If any prOV1S10n of this ordinance lS for any reason held lnvalld or unconstitutlonal by any court of competent jurlsdlction, such provislon shall be deemed a separate, dlstlnct, and lndependent prOV1Slon, and such holding shall not affect the valldlty of the remalnlng portions hereof. SECTION 5 A publlC hearlng on the ordinance shall be held on ",,-bUU'-Ld /0:( , 1990, ln the Clty Council Chambers, Aspen Clty Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED publlshed as provlded by law by the City Councll of the Clty of Aspen, Colorado, at SJ-a. /L<.-,- d d.-;;z., 1990. ATTEST: 4 ~~' K'/~ ~' /~. ,J 4 ~ t:ry~~~. -- ,/ ~ Koch Willlam L. Stirling, Mayor -3- II ;;- . FINALLY adopted, passed and approved on ~M-<-'-j~ , 1990. ATTEST: -/ '\ .h' ,/ .~// ~,~ ;L(/I5Lt~-Lp'J :w K-&-€.../i....-.- /"4./'?c ~ ,7('~)-~!I Kathryn ~ Koch Wllllam L. Stlrllng, Mayor Cl ty Cl,,,rk -4-