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HomeMy WebLinkAboutordinance.council.048-85 ORDINANCE #48 Series of 1985 AN ORDINANCE AMENDING CHAPTER 23 ARTICLE III BY ENACTING NEW SECTION 23-55.1 PROVIDING FOR THE INCOR- PORATION OF CERTAIN GROUNDWATER INTO T~E MUNICIPAL SERVICE' PLAN AND DECLARING THAT AN EMERGENCY EXISTs WHEREAS, Senate Bill 5 provides for the protection and preservation of non-tributary groundwater by municipalities for use by residents; and W}{EREAS, public health, safety and welfare requires the adoption of this ordinance and the requirements of Senate Bill 5 necessitate the adoption of this ordinance as an emergency measure. NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF ASPEN, COLORADO Section 1 That Chapter 23 Article III of the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding Section 23-55.1 to read as follows: "Sec. 23-55.1. Incorporation of certain groundwater into munici- pal service plan. a) "All non-tributary groundwater" as used in this Section 23-55.1 means all groundwater as defined by C.R.S. 37-90-103(10.5) (S.B. 5, Section 2, effective July 1, 1985). b) All non-tributary groundwater underlying the corporate boundaries of the City of Aspen, as such boundaries existed on January 1, 1985, is hereby incorporated into the municipal water service plan and the owners of any land overlying such non-tribu- tary groundwater shall thereby be deemed to have consented to the withdrawal of all such groundwater by the City, subject to the provisions of C.R.S. 37-90-137(8) (S.B. 5, Section 3, effective July 1, 1985.) c) Upon annexation of any parcel, the landowners shall consent to the withdrawal by the City of all non-tributary groundwater underlying the annexed parcel. Such consent shall be given without cost to the City. d) No out-of-city water service shall be extended unless the agreement therefor provides for the consent required by paragraph (c)." Section 2 This ordinance shall be effective as an emergency ordinance after passage at two meetings of City Council. Section 3 If any provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdic- tion, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its special meeting held on August 19, 1985. William L. Stirling, May6r Ka~ city. clerk FINALLY adopted passed and approved on August 26, 1985. William L. Stir ATTEST: ~ ~gogq - ~{athryn ~. ~ch, City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on /~ .... , 1985, and published in the Aspen Tim~, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in its issue of 1985, and was finally adopted and approved at a regular meeting of the City Council on d~~_~-~~ , 1985, and o~dered published as Or , Series of 1985, of said City as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado this __c~_~__ day of ~ 1985. Kathryn S~Y. Koch, C~ty Clerk STEAL Deputy City Clerk