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CITY OF ASPEN, COLORADO
ORDINANCE NO. 90- 7
SERIES OF 1990
AN ORDINANCE ENTITLED:
EXTENSION OF MUNICIPAL WATER
UTILITY TRANSMISSION LINES TO THE WEST REDS HOMEOVilNERS AS
LOCATED IN, OR ADJACENT TO, PORTIONS OF THE RED MOUNTAIN
SUBDIVISION.
WHEREAS, the Clty Council has adopted, by Resolutlon No.
50 of 1989, a 1990 Water System Capltal Improvements Program
WhlCh provlded for the authorlzatlon of these capital lmpro-
vements and payment therefore by entering into Water SerVlce
Agreements, and
WHEREAS, the capital lmprovements contemplated thereln
lncluded extenslon of water utlllty serVlce to the West Reds
Homeowners as described hereln and located outslde the pre-
sent municipal boundarles, and
WHEREAS, the Home Rule Charter for the City of Aspen,
Colorado, Art. XI, Sectlon 11.3, provldes that extenslons of
the munlclpal water utllity transmisslon lines beyond Clty
boundarles may be authorlzed by the Clty Council, such
authorizatlon to be by ordlnance, and
WHEREAS, the City and the West Reds Homeowners
Associatlon have negotlated a proposed water service
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agreement, to provide for the extenslon of water utllity ser-
vlce and the payment for the necessary facilltles to
accompllsh the extenslon, 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 Pltkln County ln
accordance wlth Resolution 13-73 of Pltkln County, and
WHEREAS, no extenslon of water utllitles may be provided
untll approved by the Board of County Commissloners of Pltkln
County ln accordance with land use regulatlons enacted pur-
suant to H.B. 1041.
NOW THEREFORE, be lt ordalned by the City Councll of the
Clty of Aspen, Colorado,
SECTION 1
The Clty Council hereby finds that the extension of
water utlllty service to the West Reds Homeowners is ln the
best lnterests of the City and promotes the public health and
safety of water users connected to the Aspen Munlclpal Water
System. The Mayor and the Clty Clerk are hereby dlrected to
execute on behalf of the City a water service agreement with
the West Reds Homeowners and their Assoclatlon. Said
agreement belng attached hereto as Exhlblt 1.
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SECTION 2
The Water Service Agreement lS not effective until
approved in accordance wlth Resolutlon 13-73 of Pltkln County.
SECTION 3
The Water Servlce Agreement lS not effective until
approved in accordance wlth land use regulatlons enacted pur-
suant to H.B. 1041.
SECTION 4
If any provlslon of thlS ordlnance is for any reason
held lnvalid or unconstitutional by any court of competent
]urlsdictlon, such provlsion shall be deemed a separate,
dlstlnct, and independent provlslon, and such holdlng shall
not affect the valldlty of the remaining portlons hereof.
SECTION 5
A publlC hearlng on the ordinance shall be held on
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, 1990, ln the City Council
Chambers, Aspen Clty Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED publlshed as provided by
law by the City Councll of the Clty of Aspen, Colorado, at
~d'-{l~ ,1990.
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ATTEST:
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Ka thryn W Koch
City Clerk
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Wllllam L. Stlrling, Mayor
FINALLY adopted, passed and approved on
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ATTEST:
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Cl ty Clerj{
, 1990.
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Willlam L. Stlrling, Mayor
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