HomeMy WebLinkAboutordinance.council.049-90
:e
,I
fa
CITY OF ASPEN, COLORADO
ORDINANCE NO. 90- 49
SERIES OF 1990
AN ORDINANCE ENTITLED: APPROVAL OF WATER
SERVICE AGREEMENT WITH THE ASPEN BUTTERMILK ASSOCIATES
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 enter1ng into Water Serv1ce Agreements, and
WHEREAS, the cap1tal 1mprovements contemplated there1n
included extension of water serV1ce to the Aspen Butterm1lk
Associates property as described herein and located outs1de the
present munic1pal 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 author1zation to be by
ordinance, and
WHEREAS, the C1ty and Aspen Buttermilk Associates 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
-
:1
Ie
WHEREAS, no water serv1ce may be provided until approved by
the Board of County commissioners ,of P1tkin county 1n accordance
w1th Resolution 13-73 of pitkin COl.Lnty, and
WHEREAS, no extension of the water system may be prov1ded
unt11 approved by the Board of County Commiss1oners of P1tkin
County in accordance with land use regulat10ns enacted pursuant to
H.B. 1041, and
WHEREAS, the necessary Board of County commissioner approvals
for 1990 Water System Cap1tal Imp~ovements Program were granted,
and
WHEREAS, by Ordinance No. 90-5, finally adopted, passed and
approved on February 26, 1990 the City Council approved the
extens10n of water service to the Aspen Buttermilk Associates
property located outside the present municipal boundaries and
further approved the draft agreement attached to Ordinance No. 90-5
as Exhibit 1, and
WHEREAS, it has been necessary to revise, amend, and
supplement certain of the provisions and Exhib1ts contained in the
draft agreement previously presented to the C1ty Council, and
WHEREAS, a Final Water Service Agreement has now been executed
by the Aspen Buttermilk Associates and should be executed by the
City.
"
Ie
,a
'.
Ie
NOW THEREFORE, be 1t ordained by the City Counc11 of the C1ty
of Aspen, Colorado,
SECTION 1
The City Council hereby finds that the extension of water
service to the Aspen Buttermilk Associates property 1S in the best
1nterests 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 Service Agreement, attached hereto as Exh1bit 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 w1th the
Aspen Buttermilk Associates.
SECTION 2
If any provision of this ordlinance is for any reason held
inval1d or unconstitutional by any court of competent jurisd1ction,
such provision shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the
validity of the rema1n1ng portions hereof.
('.
:,e
i'e
SECTION 3
A publ1c
9
hearing on the
, 1990,
City Hall, Aspen, Colorado.
INTRODUCED,
the city council
ots , 1990.
ATTEST:
ordinance shall be held on h-
in the City Counc11 Chambers, Aspen
READ AND ORDERED published as provided by law by
of the city of Aspen, Colorado, at~
~{otk/
~~~~r~~;'k
/~~~
W11liam L. stirl1ng, Mayor
FINALLY, adopted, passed and approved on ()A~ ~~~ ~
1990. ~77
ATTEST:
4
(Aspen:aba.agm)
)Ilk
/{ ./>--:--./ ~k-
//~ "1. ,/ (J
W1111am L. Stirling, Mayor