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HomeMy WebLinkAboutordinance.council.078-90 ORDINANCE NO. ~ (Series of 1990) AN ORDINANCE APPROVING A WATER SERVICE AGREEHENT BETWEEN THE CITY OF ASPEN AND THE CASTLE CREEK VALLEY RANCH PARTNERSHIP A~D ACCEPTING A DONATION OF WATER RIGHTS. WHEREAS, it is the policy of the City of Aspen to obtain available water rights for municipal water purposes and the maintenance and enhancement of minimum stream flows; and WHEREAS, the Castle Cresk Valley Ranch Partnership has proposed a water service agreement to the City under which the partnership will provide the City certain important water rights on Castle Creek in exchange for water services to be provided by the city; and WHEREAS, the water service agreement as proposed by the Castle Creek Valley Ranch Partnership is not inconsistent with the C~ty's water policies and goals; and WHEREAS, the Castle Creek Valley Ranch Partnership has generously offered to donate to the City of Aspen valuable water rights applicable to Castle Creek; and WHEREAS, Section 13.7 of the Home Rule Charter of the City of Aspen authorizes city Council to receive donations of property on behalf of ~he City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN~ COLORADO, THAT: Section 1 The Water Service Agreement by and between the city of Aspen and the Castle Creek valley Ranch Partnership, a copy of which is attached hereto and fully incorporated herein by this reference, is hereby authorized and approved. Section 2 The Mayor is hereby authorized to execute the Water Service Agreement and such other documents, if any, as deemed necessary to effectuate the transfer or exchange of water and/or water rights as specified in the water agreement identified herein. Section 3 The City Council hereby accepts the donation of the Castle Creek Valley Ranch Partnership of 1.925 c.f.s. Castle Creek Ditch Priority No. 105 water right and expresses the City's gratitude to Castle Creek Valley Ranch Partnership for the generous gift. Section 4 This ordinance shall not have any effect on existlng litiga- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6 A public hearing on the ordinance shall be held on the ~D~ day of /~/~/c~ , 1990, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ ~D ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /~-/ day of , 1990. William L. Stirling, Mayor ATTEST: Kathryn ~. Koch, City Clerk FINALLY adopted, passed and approved this -~ day of /~/~-~- , 1990. William L. Stirling, Mayor ATTEST: Ka Koch, C~ty Clerk