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CITY OF ASPEN, COLORADO
ORDINANCE NO. 90- 6
SERIES OF 1990
AN ORDINANCE ENTITLED:
EXTENSION OF MUNICIPAL WATER
UTILITY TRANSMISSION LINES TO THE LESLIE WEXNER 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 enterlng lnto Water Servlce
Agreements, and
WHEREAS, the capltal lmprovements contemplated therein
lncluded extension of water utlllty serVlce to the Leslie
Wexner property as described hereln and located outslde the
present munlclpal boundarles, and
WHEREAS, the Home Rule Charter for the Clty of Aspen,
Colorado, Art. XI, Sectlon 11.3, provldes that extenslons of
the munlclpal water utlllty transmlSSlon llnes beyond Clty
boundaries may be authorized by the Clty Council, such
authorlzatlon to be by ordinance, and
WHEREAS, the Cl ty and 11r. Lesl ie Wexner have negotiated
a proposed water serVlce agreement, to provlde for the exten-
sion of water utility serVlce and the payment for the
necessary faclllties to accomplish the extenslon, of the form
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of the draft agreement presented to the Council on January
22, 1990, and
WHEREAS, no water service may be provided until approved
by the Board of County Commissioners of Pltkln County in
accordance with Resolutlon 13-73 of Pltkln County, and
WHEREAS, no extenslon of water utllltles may be provided
untll approved by the Board of County CommlSSloners of Pltkin
County in accordance wlth land use regulations enacted pur-
suant to H.B. 1041.
NOW THEREFORE, be lt ordalned by the Clty Council of the
Clty of Aspen, Colorado,
SECTION 1
The City Council hereby flnds that the extenslon of
water utility service to the Leslle Wexner property
lS ln the best lnterests of the Clty and promotes the public
health and safety of water users connected to the Aspen
Munlcipal Water System. The Mayor and the City Clerk are
hereby dlrected to execute on behalf of the Clty a water ser-
vice agreement with Mr. Leslie Wexner. Sald agreement belng
attached hereto as Exhlbit 1.
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SECTION 2
The Water Service Agreement lS not effective untll
approved ln accordance wlth Resolutlon 13-73 of Pltkln County.
SECTION 3
The Water Service Agreement lS not effectlve untll
approved ln accordance wlth land use regulatlons enacted pur-
suant to H.B. 1041.
SECTION 4
If any provislon of thlS ordinance lS for any reason
held invalld or unconstltutional by any court of competent
jur1sdlctlon, such provlslon shall be deemed a separate,
distlnct, and lndependent provlslon, and such holding shall
not affect the validlty of the remalnlng portions hereof.
SECTION 5
A public hearing on the ordlnance shall be held on
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Chambers, Aspen
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, 1990, in the Clty Councll
Clty Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED publlshed as provlded by
;jZ~y:; ci ~;un:i:9::. ,",
Clty of Aspen, Colorado, at
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ATTEST:
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Kathryn SJ1K~h
Clty Clerk
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Willlam L. St1rllng, Mayor
FINALLY adopted, passed and approved on
~t:..Ltl~ ~b ,1990.
ATTEST:
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Kathryn S Koch
Cl ty Cler'
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Wil11am L. Stirling, Mayo
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