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HomeMy WebLinkAboutordinance.council.050-90 1\ :e 11 e ~ CITY OF ASPEN, COLORADO ORDINANCE NO. 90- 50 SERIES OF 1990 AN ORDINANCE ENTITLED: APPROVAL OF WATER SERVICE AGREEMENT WITH LESLIE WEXNER WHEREAS, the C1ty 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 Service Agreements, and WHEREAS, the capital improvements contemplated therein 1ncluded extens10n of water service to the Leslie Wexner property as described herein and located outside 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 authorization to be by ordinance, and WHEREAS, the City and Mr. Leslie Wexner 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 e , Ie WHEREAS, no water serv1ce may be provided until approved by the Board of County commissioners of P1tkin County 1n accordance with Resolut1on 13-73 of Pitkin County, and WHEREAS, no extens10n of the water system may be provided unt11 approved by the Board of County Commissioners of Pitkin County in accordance with land use regulations enacted pursuant to H.B. 1041, and WHEREAS, the necessary Board of County Comm1SS1oner approvals for 1990 Water System capital Improvements Program were granted, and WHEREAS, by Ordinance No. 90-6, finally adopted, passed and approved on February 26, 1990 the City Counc11 approved the extension of water service to the Wexner property located outs1de the present municipal boundaries and further approved the draft agreement attached to Ordinance No. 90-6 as Exhibit 1, and WHEREAS, it has been necessary to revise, amend, and supplement certain of the prov1sions and Exhibits contained in the draft agreement prev10usly presented to the C1ty Council, and WHEREAS, a Final Water Service Agreement has now been executed by Mr. Leslie Wexner and should be executed by the C1ty. 1:_ il :- NOW THEREFORE, be it orda1ned by the city Counc11 of the city of Aspen, Colorado, SECTION 1 The C1ty Counc11 hereby f1nds that the extension of water service to the Lesl1e Wexner property is in the best interests of the city, promotes the publ1c 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 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 Mr. Lesl1e Wexner. SECTION 2 If any provis1on of this ord1nance is for any reason held inval1d or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, d1stinct, and independent provision, and such holding shall not affect the val1d1ty of the remaining port1ons hereof. 1'_ ,"tt (e SECTION 3 A public 9 hearing on the , 1990, City Hall, Aspen, Colorado. ordinance shall be held on ~ 1n the City council Chambers, Aspen INTRODUCED, READ AND ORDERED publ1shed as provided by law by t~ City council of the city of Aspen, Colorado, a~ d.2-, 1990. ATTEST: ~ChJ~ C1ty Clerk ~.S~~: FINALLY, adopted, passed and approved on ~~J~/ ?? 1990. c::r-{/ ATTEST: >/k Kathryn City Clerk (Aspen wexncr agm) ~. ~. Sti~g~or william L.