HomeMy WebLinkAboutordinance.council.048-95
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ORDINANCE NO. Lt-8
(Series of 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING AND APPROVING AN AMENDMENT TO AN AGREEMENT FOR THE
EXTRATERRITORIAL EXTENSION AND DELIVERY OF MUNICIPAL WATER
SERVICES TO THE MAROON CREEK RANCH SUBDIVISION AND ASSOCIATED
AREAS.
WHEREAS, Section 11. 3 of the Home Rule Charter for the City of Aspen provides that
the extension of the municipal water lines beyond the City's boundaries to provide extraterritori-
al water service shall only be approved by City Council by ordinance; and
WHEREAS, Section 23-56(b) of the Municipal Code provides that any extraterritorial
provision of municipal water services beyond the City's boundaries shall only be undertaken
pursuant to a written agreement between the City and the person or entity desiring municipal
water service; and
WHEREAS, the City Council approved by Ordinance No. 40, Series of 1993, a water
service agreement for the provision of municipal water service to Pearce Equities Group II
Limited Liability Company, Arthur O. and Elizabeth H Pfister, the SEP and CDP Residence
Trusts, and the Aspen Skiing Company to serve that subdivision development project and
associated areas situated outside Aspen's municipal boundaries commonly referred to as the
Marron Creek Ranch; and
WHEREAS, pursuant to said authorization the City executed that certain Water Service
Agreement dated July 26, 1993; and
WHEREAS, the parties desire to amend that certain Water Service Agreement and there
has been presented to City Council a First Amendment to Water Service Agreement Dated July
26, 1993; and
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WHEREAS, the City Council finds the proposed amendment to the agreement to be
consistent with the terms and requirements of the Municipal Code and municipal water
management policies as adopted by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
That the First Amendment to the Water Service Agreement Dated July 26, 1993, between
the City of Aspen and the Pearce Equities Group II Limited Liability Company, Arthur O. and
Elizabeth H. Pfister, the SEP and CDP Residence Trusts, and the Aspen Skiing Company, a
copy of which is attached hereto and fully incorporated herein as Attachment 1, be and is hereby
approved and the City Manager is authorized to execute same on behalf of the City.
Section 2.
That 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 3.
That this ordinance shall not have any effect on existing litigation and shall not operate
as an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
A public hearing on the ordinance shall be held on the L day of Ytr1-U_tLk-Lf/;
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1996, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the j ff day of /&62/Jde./u , 1995.
John t::n:t;':~
ATTEST:
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FINALLY adopted, passed and approved this ~ day of.: ,'vt-<-. r-C/G7;l
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John . Bennett, Mayor
ATTEST:
pearce.ord
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