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HomeMy WebLinkAboutordinance.council.042-83 RECORD OF PROCEEDINGS 100 Leaves (Series of 1983) AN ORDINANCE APPROVING THE EXTENSION OF MUNICIPAL WATER UTILITY TRANSMISSION LINES BEYOND THE CITY LIMITS TO THE ASPEN MUSIC SCHOOL CAMPUS OF THE MUSIC ASSOCIATES OF ASPEN, INC. (MAA), A NON-PROFIT CORPORATION, AND ADOPTING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND "MAA", A COPY OF WHICH IS ANNEXED AS EXHIBIT "A", THE TERMS OF WHICH INCLUDE A DEFERRAL OF THE COSTS AND CHARGES ASSOCIATED WITH THE "MAA" WATER LINE EXTENSION AND WATER SERVICE CONNECTION CHARGES, SECURITY FOR THE DEFERRAL AND CERTAIN CUSTOMARY LIMITATIONS ON EXTRATERRITORIAL WATER UTILITY SERVICE WHEREAS, the Music Associates of Aspen, Inc. (MAA), a non- profit community-based corporation, sponsors and manages the Aspen Music Festival, the Aspen Music School and other related cultural and educational endeavors; and WHEREAS, the MAA, through its efforts, incalculably enriches the cultural and educational life of this City and significantly effects the economic health of the City; and WHEREAS, the MAA Music School Campus, located on Castle Creek Road near the City of Aspen can no longer reasonably rely on its wells as a source of potable water; and WHEREAS, without potable water at the campus, the continued viability of the Music School and possibly the MAA is in question; and WHEREAS, the MAA is at the present time without funds to pay for an extension of a municipal water service transmission pipe- line from the City's Castle Creek Water Treatment Plant to the campus and a water utility connection charge; and WHEREAS, the City Council, in light of the foregoing factors and in the best interests of the citizens and community of Aspen, has agreed to advance the cost of such a pipeline to the campus and to provide municipal water service subject, however, to cer- tain conditions; RECORD OF PROCEEDINGS 100 Leaves NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Water Service Agreement annexed hereto as Exhibit "A" between the City of Aspen and the Music Associates of Aspen, Inc., providing for a water line extension and water service for the Aspen Music School Castle Creek Campus, be and hereby is approved and adopted. Section 2 That the Mayor and the City Manager be and hereby are each separately authorized and directed to execute Exhibit "A" and all other documents necessary to complete the transaction described in Exhibit "A", after the form of all documents has been approved by the City Attorney. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of 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. Section 4 A public hearing on the ordinance shall be held on the /~ day of ~ , 1983, at 5:00 P.M. in the City Council Chambers, 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 ~ day of , 1983. Wzlliam L. Stirling, Mayor / RECORD OF PROCEEDINGS 100 Leaves A~TEST: ~, City Clerk / FINALLY adopted, passed and approved this ~__ day of  k.3 , 1983. William L. AT~EST: Kathryn ~Koch, City 3 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 in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue of  ~-' 19 ~ , and was finally adopted and approved at a regular meeting of the City Council on 7~ /~ , 19 ~ ,-and ordered published as Ordinance No. .~ , Series of 19 ~3, 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 /3 day · ch, City Clerk SEAL Deputy City Clerk