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HomeMy WebLinkAboutordinance.council.022-84 ORDINANCE No. ~'~' (Ser~es of 1984) AN ORDINANCE AUTHORIZING THE APPROVAL OF A MEMORANDUM OF AGREEMENT (Annexed hereto) BETWEEN THE BUREAU OF RECLAMATION, THE CITY OF ASPEN, AND PITKIN COUNTY CONCERNING THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE RUEDI HYDROPOWER PROJECT. WHEREAS The City of Aspen (hereinafter the City) and Pitkin County (hereinafter the County) jointly hold FERC License #3603 authorizing the City and County to develop the hydropower resources of Reudi Dam and Reservoir, and; WHEREAS The Bureau of Reclamation(hereinafter the Bureau) is the builder and operator of Ruedi Dam and Reservoir, acting for the United States Government, and; WHEREAS in its capacity as Dam and Reservoir operator, the Bureau is ~ully responsible for the safe and effective manage- ment of all releases from Ruedi Reservoir and all other aspects of Dam and Reservoir operations, and; WHEREAS the City, County and Bureau have negotiated a mutually agreeable Memorandum of Agreement which defines, to the satisfaction of all parties, the relationship between and the requirements and responsibilities of the parties as regards t~e construction, operation and maintenance of the Ruedi Hdyropower Project, and; WHEREAS the City and County have approved the Memorandum of Agreement by majority vote of the Aspen City Council and the Board of Pitkin County Commissioners, respectively; at their Joint Meeting of June ~, 1984: NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby accepts, approves, and ratifies the Memorandum of Agreement between the Ordinance Bureau of Reclamation, the City of Aspen and Pitkin County as presented and approved by majority vote at the Joint City County meeting of June ~, 1984, a copy of which Agreement is hereto attached and incorporated herein by reference. The Mayor of the City of Aspen is hereby further authorized and directed to execute the Memorandum of Agreement and to execute all further documents necessary to carry out the transactions referred to or reasonably implied from the Agreement and to commit to upholding all committments and fulfilling all require- ments of that Agreement. Section 2 If any section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Secti on 3 A public hearing on the ordinances shall be held on the /3 day of ~_ , 1984, at ~.p.m. in the City Council Chambers, As~en City(/Hall, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the ~2 day of  _, , 1984. William L. stirling, Mayor A~T T-E ST: Kathryn~/. Koch, City Clerk FINALLY adopted, passed and approved this~-~._~ day of · ~--:--- ~ William L. Stirling, Mayor Kathryn S. Koch, City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss 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 reading at a regular meeting of the City Council of the City of Aspen on /~ ~ , 19 ~/ , and published in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue of and ap.Proved at a regular meeting of the City Council on  ~ , 19..~/, and ordered published as - Ordinance No. ~' , Series of 19 ~ , 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 /~ ~' day of . , 19 . Kathr~S. Koch, City Clerk SEAL Deputy City Clerk