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HomeMy WebLinkAboutordinance.council.054-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~/ (Series of 1974) AN ORDINANCE WAIVING THE PLANT INVESTMENT FEE AND TAP CHARGES FOR THE INSTALLATION OF A 1" (ONE INCH) TAP FOR ROCKY MOUNTAIN AIRWAYS; PRESERVING ALL OTHER FEES, PENALTIES, OR OBLIGATIONS OF CHAPTER 23 OF THE MUNICIPAL CODE; AND PROVIDING THAT ALL FEES PRESENTLY REQUIRED FOR THE SERVICE SHALL BE DUE AND OWING AT THE TIME OF THE RECONSTRUCTION OF THE AIPORT FACILITY WHEREAS, the Aspen Municipal Code pursuant to Section 23-59 therein requires that no water tap or other connection with the water mains of the Aspen Waterworks shall be made until a Plant Investment Fee (PIF) and tap service charges have been paid, and WHEREAS, Rocky Mountain Airways located at Sardy Field has need of a temporary water tap, one inch (1"), to service the airline facility, and WHEREAS, the city Manager was of the opinion that satisfying the airline's need, without imposition of the plant investment and tap fees, promoted the public good by improving a private service which produces a direct public service and enhances the overall airport facility as a future city-county transportation center, and WHEREAS, the Aspen city Council agrees with this determination and wishes to ratify the Manager's action and do so with the same degree of formality as that act establishing the plant investment fee and tap charges, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That there shall be waived by the City of Aspen any and all plant investment fee and tap charge against RECORD OF PROCEEDINGS 100 Leaves Rocky Mountain Airways, located at Sardy Field, Aspen, colorado, that may be due by reason of the recent one (1") inch water tap made by the airline to service its airport facility. It is understood, and a condition of this grant, that this action constitutes a postponement only of the fees required, and that at the time of reconstruction of the airport (or substantial remodeling in lieu thereof), Rocky Mountain Airlines, or its successor or assign, will pay the plant investment fee and tap charges for the presently installed service, whether the fee or charges be more or less than presently in force. Nothing herein shall constitute a waiver of any water service rates, connect or disconnect fees, meter or other charges, nor other fees, penalties or obligations imposed by Chapter 23 of the Aspen Municipal Code as it now exists, or may be imposed by reason of future amendment. It is further understood that, unless or until installation of a water meter shall be required by the City of Aspen, Rocky Mountain Airlines shall pay the "flat rate" for water service provided. Section 2 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 application of the Ordinance which can be given effect without the invalid provisions or applications and to this end said provisions or applications are declared to be severable. -2- RECORD OF PROCEEDINGS 100 Leaves Section 3 held on the day of at 5:00 p.m. in the City Council Chamber, Building, Aspen, Colorado. A public hearing on this Ordinance shall be , 1974, City Hall INTRODUCED, READ, APPROVED AND ORDERED published by the Aspen City Council at its regular meeting held , 1974. ATTEST: Stacy Standley III Mayor City Clerk FINALLY APPROVED AND ADOPTED by the Aspen City Council on , 1974. ATTEST: Stacy Standley III Mayor City Clerk