HomeMy WebLinkAboutordinance.council.038-14 ORDINANCE NO.38
Series of 2014 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,AMENDING TITLE 25 OF
THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND SECTION 25.16, WATER RATES AND CHARGES.
WHEREAS,the City Council has adopted a policy of requiring all users of the water system operated by the City of
Aspen to pay fees that fairly approximate the costs of providing such services;and
WHEREAS,the City Council has determined that certain fees currently in effect do not raise revenues sufficient to _
pay for the attendant costs of providing said programs and services; and
WHEREAS,the City Council has determined that a tier adjustment of 20 percent on all consumptive rates should be
implemented to reflect updated consumption norms and further encourage efficiencies,program participation,and be an
incentive for conservation of natural resources.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,COLORADO:
Section 1.
That Section 25.16.010 of the Municipal Code of the City of Aspen,Colorado,which section sets forth monthly
rates for metered water service,is hereby amended to read as follows:
Sec.25.16.010. Monthly rates for metered water service.
All metered customers except temporary construction,grandfathered-in,and pre-tap customer accounts shall pay on a
monthly basis the sum of charges one(1)through seven(7)that follow: .
(1) Effective January 1, 2015, and through December 2015, a demand charge of four dollars and seventy-
one cents ($4.71) per ECU per month for Billing Area l; nine dollars and forty-two cents ($9.42) per
ECU per month for Billing Area 2; nine dollars and forty-hyo cents ($9.42) per ECU per month for
Billing Area 3; five dollars and eighty-eight cents ($5.88) per ECU per month for Billing Area 4;
eight dollars and twenty-four cents ($8.24) per ECU per month for Billing Area 5; nine dollars and
forty-two cents ($9.42) per ECU per month for Billing Area 6; and, seven dollars and seven cents($7.07)
per ECU per month for Billing Area 7.
(2) Effective January 1, 2015, and through December 2015, a variable charge of one dollar and ninety-nine
cents ($1.99) per thousand (1,000) gallons of the first four thousand (4,000) gallons of'metered usage per
ECU per month per month.
(3) Effective January 1, 2015 and through December 2015, a variable charge of two dollars and fifty-seven
cents ($2.57) per thousand (1,000) gallons of metered usage from four thousand one (4,001) to twelve
thousand (12,000) gallons per ECU per month.
(4) Effective January 1. 2015 and through December 2015, a variable charge of three dollars and sixty-seven
cents($3.67) per thousand (1,000) gallons for metered usage from twelve thousand one (12,001) gallons
to sixteen thousand (16,000) gallons per ECU per month.
(5) Effective January I, 2015 and through December 2015, a variable charge of five dollars and fifty-seven
cents ($5.50) per thousand (1,000) gallons for metered usage in excess of sixteen thousand (16,000)
gallons per ECU per month.
(6) Effective January 1, 2015 and through December 2015, a monthly pumping charge of one dollar and
Ibrty-four cents($1.44) per thousand (1,000)gallons pumped with service through one (I) pmnp station,
two dollars and ninety-eight cents($2.88) per thousand(1,000) gallons pumped with service through two
(2) pump stations; and four dollars and thirty-two cents($4.32)per thousand(1.000)gallons pumped with
service through three(3)pump stations.
(7) Effective January 1, 2015 and through December 2015, a fire protection charge of one dollar and
sixty-two cents($1.62)per ECU per month for Billing Area I;three dollars and twenty-four cents($3.24)
per ECU per month for Billing Arca 2; three dollars and twenty-four cents ($3.24) per ECU per month
for Billing Area 3; two dollars and three cents ($2.03) per ECU per month for Billing Arca 4; two
dollars and eighty-four cents ($2.84) per ECU per month for Billing Area 5; three dollars and twenty-
four cents ($3.234 per ECU per month for Billing Area 6; two dollars and forty-three cents ($2.43) per
ECU per month for Billing Area 7. (Code 1971. § 23-101; Ord. No. 27-1985, § 1; Ord. No.48-1986,
§ I[A]; Ord. No. 51-1987, § l; Ord. No. 18-1988, § I; Ord. No. 34-19887 § l; Ord. No. 19-1990, § 2;
Ord.No. 39-1993, § 6; Ord. No.45-1999,§ 16:Ord.No.41-2004 §2 [part];Ord.No.7-2006, §2;Ord.No.
35-201 1§2;Ord.No.30-2012§20)
Section 2.
That Section 25.16.011 of the Municipal Code of the City of Aspen,Colorado,which section sets forth bulk rates
for metered water service, is hereby amended to read as follows:
Sec.25.16.011. Bulk rates for metered water service.
(a) Effective January 1, 2013,the demand charge for filler hydrant bulk water sales pursuant to
Subsection 25.08.020(e)shall be fifteen dollars($15.00)per use.
(b) Effective January 1, 2013, the variable charge for filler hydrant potable bulk water sales,pursuant to
Subsection 25.08.020(e) shall be equivalent to fourth tier of monthly rate for metered water service set forth in Sec.
25.16.010(5). (Ord.No 41-2004,§3;Ord.No. 7-2006§ 3;Ord.No.30-2012§21).
(c) F,ffectivc January 1, 20157 the bulk water sales rale and two-tier structure for Buttermilk Metro District
will be:
Monthly Block Rates ICharge(Per thousand gallons)
First 2,400 thousand gallons 1$3.09
Over 2,400 thousand gallons 1$7.25
Section 3.
That Section 25.16.013 of the Municipal Code of the City of Aspen,Colorado,which section sets lorth raw water
rates for Thomas Raw Water and other pressurized non-potable line accounts, is hereby amended to read as follows:
Sec. 25.16.013. Raw water rates for Thomas Raw Water and other pressurized non-potable line accounts.
(a) Raw water rates for accounts using the Thomas Raw Water line or any other pressurized,non-potable
water line accounts(including reclaimed water)shall be set in accordance with methods established for cost
recover recommendations by the American Water Works Association.
(b) Where specific rates are established by a valid contract for raw water service and such rates result in a
lower cost of service than that provided in Subsection 25.16.012(x),the contractual rate will prevail.
(c) All water use from the system requires the installation of an operable water meter. Such uses in place
prior to 2009 shall install an operable water meter not later than January 20, 2009. (Ord.No.41-2004, §5)
(d) Provisions for billing are as follows:
(i) All pressurized raw water accounts shall have a working meter at the beginning of
each irrigation season, no later than April 15ih. Metered rates for pressurized raw
water accounts are as follows:
Effective January 1. 2013 and through December 2013, the pressurized raw water rate is
one dollar and eleven cents($1.1 1)per 1.000 gallons to be billed on an annual basis. Effective
January 1. 2014 and through December 2014, the pressurized raw water rate is one dollar
and twenty cents($1.20)per 1,000 gallons to be billed on an annual basis. Effective January I,
2015 and through December 2015. the pressurized raw water rate is one dollar and thirty cents
($1.30) per 1,000 gallons to be billed on an annual basis. Eflcctive January 1. 2016 and
through December 2016,the pressurized raw water rate is one dollar and forty-one cents
($1.41) per 1,000 gallons to be billed on an annual basis. Effective January 1, 2017 and
through December 2017, the pressurized raw water rate is one dollar and fifty-three cents
($1.53)per 1.000 gallons to be billed on an annual basis.
(ii) If the raw water meter required in paragraph (i) above ceases to function properly during
the irrigation season, a seasonal bulk water delivery rate may be established as the basis for
billing the non-potable pressurized water delivery. Such rate may only be applied in exigent
circumstances. The unmetered, pressurized raw water schedule for seasonal delivery of nou-
potable pressurized water shall be in accordance with the applicable year as follows:
Effective January 1, 2013 through December 2013, the unmetered pressurized raw water
rate is forty-six dollars and seven cents($46.07)per 1,000 sq. ft. per annual irrigation season.
Effective January 1, 2014 through December 2014, the unmetered pressurized raw water rate
is forty- seven dollars and ninety-one cents ($47.91) per 1,000 sq. 11. per annual irrigation
season. Effective January 1, 2015 through December 2015, the unmetered pressurized raw
water rate is forty-nine dollars and eighty-three cents ($49.83) per 1,000 sq. ft. per annual
irrigation season. Effective January 1, 2016 through December 2016, the unmetered
pressurized raw water rate is fifty-one dollars and eighty-one cents ($51.81) per 1,000 sq.
ft. per annual irrigation season. Effective January I, 2017 through December 2017, the
unmetered pressurized raw water rate is fifty-three dollars and ninety cents($53.90)per 1,000
sq. ft. per annual irrigation season.
(e) Carriage rates for raw water, (see -Definitions'section), shall be the same as those in
Paragraph(d)(i)except where a valid contract provides for alternate method and procedures for billing.
i
(f) It shall be unlawful for any person to pump or convey water from the raw water ditches without a
valid raw water license agreement. Any persons doing so will be subject to a penalty of$500 for the first offense,
$1,000 for the second offense and$1,500 for each additional offense.
(Ord.No.41-20047§5;Ord.No.30-2012 §23)
Section 4.
That Section 25.16.014 of the Municipal Code of the City of Aspen.Colorado,which section sets forth monthly
rates for temporary construction water service, is hereby amended to read as follows:
Sec.25.16.014. Monthly rates for temporary construction water service.
All temporary construction accounts shall pay monthly the sum of charges one(I)and two(2).
(1) Effective January 1. 2015, and through December 2015, a demand charge of four dollars and seventy-one cents
($4.71) per ECU per month for Billing Area l; nine dollars and forty-two cents ($9.42) per ECU per month for Billing
Area 2; nine dollars and forty-two cents ($9.42) per ECU per month for Billing Area 3; five dollars and eighty-
eight cents ($5.88) per ECU per month for Billing Area 4: eight dollars and twenty-four cents ($8.24) per ECU per
month for Billing Area 5; nine dollars and forty-two cents ($9.42) per ECU per month for Billing Area 6; and. seven
dollars and seven cents($7.07)per ECU per month for Billing Area 7.
(2) Effective January 1, 2015, and through December 2015. a fire protection charge of one dollar and sixty-two
cents($1.62)per ECU per month for Billing Area I;three dollars and twenty-four cents($3.24)per ECU per month for
Billing Area 2; three dollars and thventy-four cents ($3.24) per ECU per month for Billing Area 3; two dollars and
three cents($2.03) per ECU per month for Billing Area 4; two dollars and eighty-four cents ($2.84) per ECU per
month for Billing Area 5: three dollars and hventy-four cents ($3.24) per ECU per month for Billing Area 6: two
dollars and forty-three cents ($2.43) per ECIJ per month for Billing Area 7. (Ord.No. 35-2011§4;Ord.No. 30-2012
§24)
Section 5.
That Section 25.16.015 of the Municipal Code of the City of Aspen.Colorado,which section sets forth monthly
rates for grandfathered-in water service,is hereby amended to read as follows:
Sec.25.16.015. Monthly rates for grandfathered-in water service.,
All grandfathered-in accounts shall pay monthly the sum of charges one(1)and two(2).
(1) Effective January I, 2015 and through December 2015, all grandfathered-in water accounts shall pay a demand
charge of four dollars and seventy-one cents ($4.71)per ECU per month for Billing Arca I; nine dollars and forty-
two cents ($9.42) per ECU per month for Billing Area 2; nine dollars and forty-two cents ($9.42) per ECU per
month for Billing Area 3; five dollars and eighty-eight cents ($5.88) per ECU per month for Billing Area 4;
eight dollars and twenty-four cents ($8.24) per ECU per month for Billing Area 5; nine dollars and forty-two cents
($9.42) per ECU per month for Billing Arca 6; and, seven dollars and seven cents ($7.07) per ECU per month for
Billing Area 7.
(2) Effective January 1, 2015 and through December 2015, all grandfathered-in water accounts shall pay a fire
protection charge of one dollar and sixty-two cents($1.62)per ECU per month for Billing Area 1;three dollars and
twenty-four cents($3.24) per ECU per month for Billing Area 2; three dollars and twenty-four cents ($3.24) per
ECU per month for Billing Area 3; two dollars and three cents($2.03) per ECU per month for Billing Area 4;
two dollars and eighty-four cents ($2.84) per ECU per month for Billing Area 5; three dollars and twenty-four
cents ($3.24) per ECU per month for Billing Area 6; two dollars and forty-three cents ($2.43) per ECU per month
for Billing Area 7.(Ord.No.35-2011 §5;Ord.No.30-2012§26)
Section 6.
That Section 25.16.016 of the Municipal Code of the City ofAspen,Colorado,which section sets forth monthly
rates for pre-tap water service, is hereby amended to read as follows:
Sec.25.16.016. Monthly rates for pre-tap water service.
All pre-tap accounts shall pay the sum o f charges one(I)and two(2).
(1) Effective January 1. 2015 and through December 2015, all pre-tap water customers shall pay a
demand charge of four dollars and seventy-one cents ($4.71) per ECU per month for Billing Area I; nine
dollars and forty-two cents ($9.42) per ECU per month for Billing Area 2; nine dollars and forty-two
cents ($9.42) per ECU per month for Billing Area 3; five dollars and eighty-eight cents ($5.88) per
ECU per month for Billing Area 4; eight dollars and twenty-four cents ($8.24) per ECU per month for
Billing Area 5; nine dollars and forty-two cents($9.42) per ECU per month for Billing Area 6; and, seven
dollars and seven cents($7.07)per ECU per month for Billing Area 7.
(2) Effective January 1, 2015 and through December 2015, all pre-tap water customers shall pay a fire
protection charge of one dollar and sixty-two cents($1.62) per ECU per month for Billing Area 1: three
dollars and twenty-four cents($3.24)per ECU per month for Billing Area 2; three dollars and twenty-four
cents ($3.24) per ECU per month for Billing Area 3; two dollars and three cents($2.03) per ECU per
month for Billing Area 4; two dollars and eighty-four cents ($2.84) per ECU per month for Billing
Area 5; three dollars and twenty-four cents ($3.24) per ECU per month for Billing Area 6; two dollars
and forty-three cents ($2.43) per ECU per month for Billing Area 7. (Ord.No. 35-2011§6;Ord. No. 30-
2012§26)
Section 7.
That Section 25.16.020 of the Municipal Code of the City of Aspen,Colorado,which section sets forth monthly
rates for unmetered water service,is hereby amended to read as follows:
Sec.25.16.020. Monthly rates for unmetered water service.
(a) Effective January 1, 2015 and through December 2015, all unmetered customers shall pay a flat rate demand
charge of eighty-three dollars and fifty-six cents ($83.56) per ECU per month for Billing Area 1; one hundred
sixty-seven dollars and twelve cents ($167.12) per ECUpermonth for Billing Area 2; one hundred sixty-
seven dollars and twelve cents ($167.12) per ECU per month for Billing Area 3; one hundred four dollars and
forty-five cents($104.45) per ECU per month for Billing Area 4; one hundred forty-six dollars and twenty-three
cents ($146.23) per ECU per month for Billing Area 5; one hundred sixty-seven dollars and twelve cents
($167.12) per ECU per month for Billing Area 6; one hundred twenty-five dollars and thirty-four cents
($125.34)per ECU per month for Billing Area 7.
(b) Effective January 1, 2015 and through December 2015, a fire protection charge of one dollar and sixty-two
cents ($1.62) per ECU per month for Billing Area l; three dollars and twenty-four cents ($3.24) per ECU per
month for Billing Area 2; three dollars and twenty-four cents ($3.24) per ECU per month for Billing Area 3;
two dollars and three cents($2.03) per ECU per month for Billing Area 4; two dollars and eighty-four cents
($2.84) per ECU per month for Billing Area 5; three dollars and twenty-four cents ($3.24) per ECU per month
for Billing Area 6; two dollars and forty-three cents ($2.43) per ECU per month for Billing Area 7. (Ord. No.
35-2011§6;Ord.No.30-2012§26).
(c) With respect to the water rates and charges contained in Sections 25.16.010 and 25.16.020,in case of
verifiable hardship and upon approval of both the Finance Director and the Utilities Director,special billing
arrangements may be made.
(Ord.No.35-2011§6;Ord.No.30-2012 §27) -
Section 8.
That Section 25.16.021 of the Municipal Code of the City of Aspen,Colorado,which section sets forth senior water
rates, is hereby amended to read as follows:
See.25.16.021 Senior Water Rates.
(a) Any qualified senior citizen who so applies shall be entitled to a rebate and adjustment in the
individual water rates set forth in Sections 25.16.010 and 25.16.020.
(b) Qualified senior eiticen shall be defined by the Pitkin County Social Services Department in
consultation with the Pitkin County Senior Services Council.
(c) Application for the rebate and adjustment shall be as established by the City Manager in
consultation with the Finance and Water Departments. The City Manager shall first coordinate
with Pitkin County Social Services Department and the Pitkin County Senior Services Council
as necessary to ensure that qualified senior citizens are made aware of their eligibility for this
program and application procedure is conducive to their participation.
(d) Metered residences owned or leased by qualified senior citizens will be charged only ninety
percent(90%)of the demand and fire protection charges set forth in Subsections 25.16.010
Paragraph one(1)and 25.16.010 Paragraph seven(7)and one hundred percent(100%)of the
variable and pumping charges set forth in Subsections 25.16.0 10 Paragraph two(2)through
Paragraph six(6)and as determined by the billing area factor and the ECU rating of the
residence.An unmetered or flat rate residence owned or leased by qualified senior citizens will
be charged thirty percent(30%)of the total charge set forth in Subsection 25.16.020(a)as
determined by the billing area factor and the ECU rating of the residence. (Code 1971,§23-
102:Ord.No.27-1985 § 1;Ord.No.48-1986,§ 1(A)(6);Ord.No. 51-1987, §2;Ord.No. 1-
1988. §Ord.No. 8-1990,§2;Ord. 39-1993, §7;Ord.No. 35-2011§8;Ord.No.30-2012§28).
Editor's note—Ord No. 1-1988, § I, adopted Jan.25, 1988 amended former§ 23-102 by amending previously uncodified Subsection (d) and at
the discretion of the editor these provisions have been included herein and revised slightly in order to delete references to "out-of-the-City service
charge"and"location orresident,"inasmuch as former§23-101 does not discern between in-City and out-of-City residence location.
Section 9.
That Section 25.16.060 of the Municipal Code of the City of Aspen,Colorado,which section sets forth water
service connect and disconnect charges, is hereby amended to read as follows:
Sec.25.16.060. Water service connect and disconnect charges.
A service charge of forty dollars ($40.00) is hereby established for each new account that is set up for water
service. If a disconnection is made in accordance with Section 25.16.050 above because of nonpayment of water
service charges or utility investment charges, the disconnect charge of sixty dollars ($60.00) shall be due prior to
reconnection of water service. (Code 1971. §23-107; Ord. No. 27-1985, § 1; Ord.No. 53-1992,
§ 1; Ord. No. 684994, § 13; Ord. No. 45-1999, § 16 [part];
Ord.No.30-2012 §33)
Section 10.
'That Section 25.16.090 of the Municipal Code of the City of Aspen,Colorado,which section sets forth deposit for
water service, is hereby amended to read as follows:
Sec.25.16.090. Deposit for water service.
(a) When applying for water service at a new location, each applicant shall be required to place a cash
deposit in the following manner:
Residential service:One hundred dollars($100.00).
Commercial service:
(1) An amount equal to the service bills for the subject property for the three(3)highest months of usage during
the prior year,if the applied-for use of the property is similar to the prior use;or
(2) If there is no similar prior space or use on which to compute the amount provided in Subsection (a)
Paragraph (1) above, then an amount to be determined by the Finance Director within his or her sole
discretion and based on a reasonable estimate of three (3) months' service for a space and use similar
to the subject property.
(b) Subject to the approval of the Utilities Director based on previous credit history with the City utilities,
the owner of the premises on which the water is used may approve waiver of their tenant's deposit requirement. To
request approval of the Utilities Director, the owner must complete an application which informs the owner of the
possibility of a lien upon the premises for unpaid bills,pursuant to Section 25.04.090 above.
(c) These deposits will be held by the Director of Finance until service is discontinued and final service bills
are paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after receipt of the monies
until the date of disconnection. Return of the unused portion of the deposit plus interest will be made within forty-
five(45)days from date the final billing is issued. Effective January I,2013 no deposit will accrue interest.
(Ord.No.30-2012§36)
Section 11.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinance repealed or amended as herein provided, and the same shall
be conducted and concluded under such prior ordinances.
Section 12.
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 affect the validity of the remaining portions thereof.
Section 13.
A public hearing on this ordinance shall be held on the 24th day of November, 2014, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers,Aspen City Nall,Aspen.Colorado.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND PUBLISHED as
provided by law,by the City Council of the City of Aspen on the 10"day of November,2014.
Attest:
Linda Manning,City Clerk Steven Skadron,Mayo
FINALLY,adopted,passed and approved this 24'h day of November,2014. n
An / 1
� I
Linda Manning,City Clerk Steven Skadron, mayor
Approved as to Corm: -
cs R."true,City Attorney
Ad Name: 10706793A LEGAL NOTICE
Customer: Aspen (LEGALS) City of ORDINANCE 38,2014 PUBLIC HEARING
Ordinance#38,S�riesof2014was adopted onfirst
Your account number: 1013028
readingat the City
it Council meetingNovember 10,
2014. This ordinance,if adopted,will approve
amendments to Title of the municipal code re-
garding water rates.The
or-
dinance
public hearing on this or-
scheduled for November
PROOF OF PUBLICATION 5:00 p.m.is
City Hall,130 South Galena.
24,2013 at
To see the entire text,go to the city's legal notice
website
http://www.aspen p itk i n.com/Departments/C le rk/Le-
gal-Notices/
If you would like a copy Faxed or e-mailed to you,
call the city clerk's office,429-2687
Published in the Aspen Times Weekly on Novem-
A:?1K_ TIM:: ber 13,2014.(10706793)
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
f-olorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 11/13/2014 and that the last publication of
said notice was in the issue of said newspaper dated
11/13/2014.
In witness whereof,I have here unto set my hand
this 11/18/2014.
IAI
Jim Morgan,GeneraManager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 11/18/2014.
Pamela J. Schultz,Notary Public
Commission expires:November 1,2015
O� Y Pp-
e PAMELA J.
SCHULTZ
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