HomeMy WebLinkAboutordinance.council.059-76RECORD OF PROCEEDINGS
~00 Leaves
ORDINANCE NO. 5~
(Series of 1976)
AN ORDINANCE APPROVING THE EXTENSION OF THE
CITY WATER SERVICE TO CERTAIN PROPERTIES IN
THE RED MOUNTAIN SUBDIVISION CONDITIONED ON
COMPLIANCE WITH THE TERMS OF A CERTAIN WATER
EXTENSION AGREEMENT, AND DECLARING THAT AN
EMERGENCY EXISTS REQUIRING THE IMMEDIATE ENACTMENT
HEREOF
WHEREAS, certain landowners propose to construct
residential developments to the west and south of Lot 9-A
of the Red Mountain Subdivision and beyond the area on
Red Mountain presently serviced with water by the City of
Aspen, and
WHEREAS, conditions precedent to such service are
(a) approval of the extension by the Pitkin County Planning
and Zoning Commission pursuant to the requirements.of C.~.S.
1973, 30-28-110, and (b) ratification of the extension by
ordinance by the Aspen City Council as provided in Section 11.3
of the Aspen Home Rule Charter, and
WHEREAS, the Aspen City Council has been tendered
evidence of the approval of the extension by the County
Planning and Zoning Commission, and the need to immediately
approve the extension to facilitate the occupancy of an
existing structure on Red Mountain and improve the present
water system in the area,
~;OW, ?HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council does hereby authorize the
extension of water service beyond the City limits of the
City of Aspen, Colorado, for the purposes of establishing
a water supply to properties west and south of Lot 9-A, Red
Mountain Subdivision, all as more particularly described on
RECORD OF PROCEEDINGS
100 Leaves
the survey entitled "Water Main Extension on Wright Road"
prepared by Survey Engineers, Inc., dated September 14, 1976,
and attached hereto and incorporated by this reference.
Section 2
That nothing herein shall be construed to constitute
a guaranty of water supply but any installation of such service
and supply of water shall be conditioned upon compliance by
water consumers serviced with any and all requirements of Arti-
cle III of Chapter 23 of the Aspen Municipal Code (as now
exists or may hereafter be amended), and the terms and provisions
of the water extension agreement to be entered into by Michael
Hernstadt and the City of Aspen pursuant to this ordinance
and dated ~C~; ~.~/~ , 1976.
Section 3
That there is a need to expedite the approval of
the extension applied for inasmuch as weather conditions will
preclude installation of the water line beyond a few weeks of the
date hereof, and the immediate installation of water service will
preserve the public property, health and safety by permitting
the servicing of an existing structure and allowing construction
of the tap and main under the safest weather conditions. In
addition, construction of the main as proposed will prepare the
way for the eventual extension of the main to act as an inter-
connect between the Red Mountain and Ridge of Red Mountain water
systems and generally improve the service in the area. There-
fore, it is declared that an emergency exists requiring adoption
of this ordinance pursuant to the procedures enumerated in Sec-
tion 4.11 of the Aspen Home Rule Charter. This ordinance shall
require passage at two meetings of the City Council, provided
that neither a public hearing nor a first publication shall be
required, and this ordinance shall take effect immediately upon
final passage, all as therein provided.
-2-
RECORD OF PROCEEDINGS
100 Leaves
Section 4
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of
this ordinance are declared to be severable.
INTRODUCED, READ AND APPROVED by the Aspen City
Council at its regular meeting held October 25~ 1976.
cy~tan~ley III /
Mayo~ ~ /
ATTEST:
Kathryn ~. IIauter
City Clerk
ATTEST:
FINALLY
approved on /~'~i ~7 ~-~ , 1976.
Stacy S~andley III
Mayor /
kathryn ~. Hauter
by: Ellen L. Atkins,
Deputy City Clerk
-3-
RECORD OF PROCEEDINGS
100 Leaves
STATE OF COLORADO )
)
COUNTY OF PITKIN )
ss. CERTIFICATE
I, K&thryn S. Hauter, City Clerk of Aspen,
Colorado, do hereby certify that the above and foregoing
ordinance was introduced, read in full, and passed on
reading at a regular meeting of the
City CounCil of the City of Aspen on ~ ..~.~
197~__, and published in the Aspen Times, ~ ~eekly-~wspaper
of general circulation, published in the City of Aspen,
Colorado, in its issue of ~~ ~ , 197__~,
and was finally adopted and approved at a ~ meeting
of the City Council on ~ ~ , 197~,
and ordered published as Ordinance No. ~ , Series of
197~, of said City, as provided by law.
and the
day of
IN WITNESS WHEREOF, I have hereunto set my hand
seal of said City of Aspen, Colorado, this //4
, 197 ~.
Kathr~Fn S. Hauter
City Clerk