HomeMy WebLinkAboutordinance.council.026-18 Ordinance NO.26
(Series of 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO AMENDING CHAPTER 8 OF THE MUNICIPAL CODE TO
REMOVE THE REQUIREMENT FOR PITKIN COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVAL TO SPEND CITY OF ASPEN RENEWABLE
ENERGY MITIGATION PROGRAM(REMP)FUNDS
WHEREAS,The City of Aspen and Pitkin County have and will continue to
collaborate on energy use mitigation through the renewable energy mitigation
program (REMP);
WHEREAS, in 2019 the City will cease collection of Pitkin County's REMP fees and
the County will begin to collect and administer its REMP fees directly; and
WHEREAS, The City of Aspen desires to continue to focus its energy mitigation
efforts within the City and utilize REMP fees for these activities;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
Chapter 8 of the Municipal Code of the City of Aspen, Colorado,Appendix CA section
102 and Appendix RC section 102 are hereby amended to read as follows:
Appendix CA"Commercial Energy Mitigation Program"
Section 102 Payment Option.The CREMP payment option is the difference in energy
use calculated in section 202 and on site renewable credits calculated in section 302 and
shall be paid at the time of the issuance of building permit. The payment, if any, is based
on the amount of energy required, expressed as dollars per square foot,to operate the
exterior energy use systems. No payment shall be made to an applicant the exceeds the
energy use with on-site renewables. All monies collected pursuant to this section shall be
recorded in a separate fund by the City Finance Director and shall be spent in accordance
with a resolution by the Aspen City Council.
Appendix RC"Residential Energy Mitigation Program"
Section 102 Payment Option.The RREMP payment option is the difference in energy
use calculated in section 202 and on site renewable credits calculated in section 302 and
shall be paid at the time of the issuance of building permit. The payment, if any, is based
on the amount of energy required, expressed as dollars per square foot,to operate the
exterior energy use systems. No payment shall be made to an applicant the exceeds the
energy use with on-site renewables. All monies collected pursuant to this section shall be
recorded in a separate fund by the City Finance Director and shall be spent in accordance
with a resolution by the Aspen City Council.
Section 2:
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be constructed and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not effective
validity of the remaining portions hereof.
A public hearing on the ordinance shall be held on the 3`d day of December, 2018, in the
City Council Chambers,Aspen City Hall,Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City
Council of the City of Aspen on the 26`h day of November, 2018.
Steve Ska on,Mayor
ATTEST:
"/Linda Manning, City Clerk
FINALLY adopted, passed and approved this 3`d day of Decce a 2018 .
Steven Skadr ,Mayor
ATTEST:
1
L -'7
inda Manning, City Clerk
Approved as to form:
w—
ames R. True, City Attorney