HomeMy WebLinkAboutordinance.council.048-90 CITY OF ASPEN, COLORADO
ORDINANCE NO. 90- 48
SERIES OF 1990
AN ORDINANCE ENTITLED: APPROVAL OF WATER
SERVICE AGREEMENT WITH THE MAROON CREEK
DEVELOPMENT CORPOI~ATION
WHEREAS, the City Council has adopted, by Resolution No. 50 of
1989, a 1990 Water System Capital Improvements Program which
provided for the authorization of these capital improvements and
payment therefore by entering into Water Service Agreements, and
WHEREAS, the capital improvements contemplated therein
included extension of water service to the Maroon Creek Development
Corporation property as described herein and located outside the
present municipal boundaries, and
WHEREAS, the Home Rule Charter for the city of Aspen,
Colorado, Art. XI, Section 11.3 provides that extensions of the
municipal water transmission lines beyond city boundaries may be
authorized by the City Council, such authorization to be by
ordinance, and
WHEREAS, the City and the Maroon Creek Development Corporation
have negotiated a proposed water service agreement, to provide for
the extension of water service and the payment for the necessary
facilities to accomplish the extension, of the form of the draft
agreement presented to the Council on January 22, 1990, and
W/~EREAS, no water service may be provided until approved by
the Board of County CommissIoners of Pitkin County in accordance
with Resolution 13-73 of Pitkin County, and
WHEREAS, no extension of the water system may be provided
until approved by the Board of County Commissioners of Pitkin
County in accordance with land use ~egulatlons enacted pursuant to
H.B. 1041, and
WHEREAS, the necessary Board of County Commissioner approvals
for 1990 Water System Capital Improvements Program were granted,
and
WHEREAS, by Ordinance No. 90-4, finally adopted, passed and
approved on February 26, 1990 the city Council approved the
extension of water service to the Maroon Creek Development
Corporation property located outside the present municipal
boundaries and further approved the draft agreement attached to
Ordinance No. 90-4 as Exhibit 1, and
WHEREAS, it has been necessary to revise, amend, and
supplement certain of the provisions and Exhibits contained in the
draft agreement previously presented to the C~ty Council, and
2
WHEREAS, a Final Water Service Agreement has now been executed
by the Maroon Creek Development Corporation and should be executed
by the City.
NOW THEREFORE, be it ordained by the City Council of the city
of Aspen, Colorado,
SECTION 1
The City Council hereby finds that the extension of water
service to the Maroon Creek Development Corporation property is in
the best interests of the City, promotes the public health and
safety of water users connected to the Aspen MunicIpal Water
System, that the necessary County approvals have been granted, and
that the final Water Servlce Agreement, attached hereto as Exhibit
A, is in proper order. The Mayor and the City Clerk are hereby
directed to execute on behalf of the City the final Water Service
Agreement with the Maroon Creek Development Corporation.
SECTION 2
If any provision of this ordinance is for any reason held
invalid or unconstitutional by anycourt of competent jurisdiction,
such provision shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the
validity of the remaining portions hereof.
SECTION 3
ic hearing on the ordinance shall be held on
1 , 1990, in the City Council Chambers, Aspen
City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
City Council of the City of Aspen, Colorado, at ~
the
ATTEST:
1990.FINALLY, adopted, passed and approved on~ 7 '