HomeMy WebLinkAboutordinance.council.005-90
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CITY OF ASPEN, COLORADO
ORDINANCE NO. 90- 5
SERIES OF 1990
AN ORDINANCE ENTITLED:
EXTENSION OF MUNICIPAL WATER
UTILITY TRANSMISSION LINES TO THE ASPEN BUTTERMILK ASSOCIATES
PROPERTY.
WHEREAS, the Clty Councll has adopted, by Resolutlon No.
50 of 1989, a 1990 Water System Capltal Improvements Program
WhlCh provided for the authorlzation of these capltal lmpro-
vements and payment therefore by entering lnto Water Service
Agreements, and
WHEREAS, the capital improvements contemplated thereln
lncluded extension of water utlllty serVlce to the Aspen
Buttermllk Assoclates Property, as described herein and
located outslde of 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 municlpal water utlllty transmlSSlon Ilnes beyond Clty
boundaries may be authorlzed by the City Councll, such
authorlzation to be by ordlnance, and
WHEREAS, the City and Aspen Buttermllk Assoclates
have negotlated a proposed Water Servlce Agreement, to provide
for the extension of water utillty service and the payment
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for the necessary facillties to accompllsh the extension of
the form of the draft agreement presented to the Councll on
January 22, 1990, and
WHEREAS, no water serVlce may be provided untll approved
by the Board of County Commissloners of Pltkin County in
accordance with Resolutlon 13-73 of Pltkln County, and
WHEREAS, no extension of water utllltles may be provlded
unt11 approved by the Board of County Commlssioners of Pltkin
County in accordance with land use regulatlons enacted pur-
suant to H.B. 1041.
NOW THEREFORE, be it ordained by the Clty Councll of the
Clty of Aspen, Colorado,
SECTION 1
The Clty Council hereby finds that the extenslon of
water utillty serVlce to the Aspen Buttermllk Associates
Property lS ln the best lnterests of the Clty and promotes
the pUblic health and safety of water users connected to the
Aspen Municlpal Water System. The Mayor and the City Clerk
are hereby dlrected to execute on behalf of the Clty a Water
Servlce Agreement wlth Aspen Buttermllk Assoclates. Sald
Agreement be1ng attached hereto as Exhiblt 1.
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SECTION 2
The Water Service Agreement lS not effective until
approved ln accordance with Resolutlon 13-73 of pitkln County.
SECTION 3
The Water Service Agreement lS not effectlve untll
approved in accordance with land use regulatlons enacted pur-
suant to H.B. 1041.
SECTION 4
If any prOV1Slon of this ordlnance is for any reason
held lnvalld or unconstltutlonal by any court of competent
]urlsdlctlon, such provlslon shall be deemed a separate,
dlstlnct, and lndependent provlslon, and such holdlng shall
not affect the valldlty of the remainlng portlons hereof.
SECTION 5
A publlC hearing on the ordlnance shall be held on
",1e.-~.-lA.j'd /:;;1. , 1990, ln the City Councll
Chambers, Aspen Clty Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED publlshed as provlded by
law by the City Council of the Clty of Aspen, Colorado, at
~~~, 1990.
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ATTEST:
~jf'~ xldrV-/
Kathryn S Koch
City-ele
-'i{;L ~~
'i1111iam L. Stlrling, Mayor
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FINALLY adopted, passed and approved on
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, 1990.
ATTEST:
k:zJUl0Y~ d /~~.A..
Kathryn.S. Koch
Clty Cler
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A~~ ,< ~k-
Willlam L. Stlrling~yor
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