HomeMy WebLinkAboutordinance.council.041-98
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ORDINANCE NO.
Series of 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A WATER RATE INCREASE FOR BILLING AREA 5, THE CREATION OF
BILLING AREA 5-A, AND ESTABLISHMENT OF A WATER RATE FOR BILLING AREA 5-A.
WHEREAS, the City approved the Hines Highlands Water Service Agreement by Ordinance
No. 19, Series of 1997, and the Moore Water Service Agreement by Ordinance No. 20, Series of
1997; and
WHEREAS, both water service agreements contain the City's agreement to form a new
billing area which will have rates and charges equivalent to those in Billing Area 5; and
WHEREAS, the new billing area is to comprise the property served pursuant to the Hines
Highlands and Moore Water Service Agreements; and
WHEREAS, the Hines Highlands Water Service Agreement contemplates dissolution of the
Highlands Water and Sanitation District ("District"); and
WHEREAS, the District has filed a Petition for Dissolution in the Colorado District Court,
Pitkin County, Colorado; and
WHEREAS, in order to obtain an Order of Dissolution from the Court, the District must
demonstrate that customers within its boundaries will receive water service, and must disclose the
rates at which such service will be provided; and
WHEREAS, some of the present and future the District customers will receive water service
from the City pursuant to the Hines Highlands Water Service Agreement, and will be included in the
new billing area; and
WHEREAS, the remaining present and future District customers will receive water service
from the City pursuant to the Continuation of Services Agreement between the City and the District;
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and
WHEREAS, such remaining District customers will be included within Billing Area 5; and
WHEREAS, the City has determined that the water rates and charges currently applicable
to Billing Area 5 do not meet the requirements of Code Section 25.08.080(a), and that in order to
meet these requirements, Code Section 25.08.070 must be amended to adjusting the weighting factor
for Billing Area 5, and to include Billing Area 5-A, and that water rates and charges must be revised
as herein provided; and
WHEREAS, City staff has demonstrated to the Council that the rates herein adopted for
Billing Area 5 and Billing Area 5-A were properly established using the criteria set forth Section
25.08.080(a);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
The City Council of the City of Aspen hereby determines that
a new billing area, Billing Area 5-A, will be established. Billing Area 5-A
is described as the areas served pursuant the Hines Highlands Water Service
Agreement (approved by Resolution No. 19, series of 1997) and the Moore
Water Service Agreement (approved by Resolution No. 20, series of 1997).
The rates, charges and utility connection fees for Billing Area 5-A will be
equal to those for Billing Area 5.
Section 2.
Code Section 25.08.070(a) is hereby amended to include a
new billing area, identified as Billing Area 5-A, and named "Moore Project-
Highlands Base Area." Code Section 25.08.070(b) is hereby amended to
include Billing Area 5-A, to provide for a weighting factor of 1.75 for Billing
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Section 3.
Area 5-A, and to revise the weighting factor for Billing Area 5 to 1.75.
The water rates and charges for Billing Area 5 and Billing
Area 5-A shall be as follows:
Demand Charge
$9.79/ECU/month
Water Consumption Charge
$1.1682/1 ,000 gal. of metered use zone
The foregoing rates and charges shall remain in full force and effect for one year from the
date of this ordinance. Thereafter, such rates and charges will be reviewed on an annual basis along
with the City's other water rates, and may be modified in accordance with the Code.
Section 4.
Section 5.
Section 6.
Utility connection fees (tap fees) for Billing Area 5-A will be
the same as utility connection fees for Billing Area 5, and will be reviewed
this year, along with pumping charges, as part of the City's annual rate review
process.
The City Council specifically finds that the weighting factor,
water rates and demand charges for Billing Area 5 were properly corrected,
and that the rates and charges for the new Billing Area 5-A were established
in accordance with the criteria set forth in Section 25.08.080(a) of the Code,
and are consistent with the Code's requirements. Because this ordinance
corrects existing weighting factors, water rates and charges to meet the
Code's requirements, and establishes rates and charges for a new billing area
for customers not previously served by the City, this is not an annual or five
year rate review as contemplated by Section 25.08.080(b) and (c).
This ordinance shall not have any effect on existing litigation
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Section 7.
Section 8.
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and shall not operate as an abatement of any action or proceeding now
pending under or by virtue of ordinances repealed or amended as herein
provided, and the same shall be construed and concluded under such prior
ordinances.
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.
A public hearing on the ordinance shall be held on the
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day of 0 c.Y
, 199.8; in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the J2... day of ~9 r
Attest:
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Kathryn S.
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~y ADOPTED, PASSED AND APPROVED THIS c~~DAY OF
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S. Bennett, Mayor
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3/23/91
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Attest:
C:\WP61\OTHER\HIGHRATE.ORD
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