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Home My WebLink Aboutordinance.council.008-90 -- I .. ....., .' ,I , \.' " CITY OF ASPEN, COLORADO ORDINANCE NO. 90- 8 SERIES OF 1990 AN ORDINANCE ENTITLED: "1990 WATER SYSTEM EMPLOYEE HOUSING UTILITY INVESTMENT CHARGE EXEMPTION AND SENIOR CITIZEN MONTHLY WATER CHARGE REBATE"; AMENDING DIVISIONS 2 AND 3, ARTICLE III OF CHAPTER 23, OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO BY REPEALING AND REENACTING SECTION 23-71 FOR THE PURPOSE OF ELIMINATING UTILITY INVESTMENT CHARGES FOR QUALIFYING EMPLOYEE RESIDENTIAL UNITS; AND BY MIENDING SECTION 23-102 TO PROVIDE AN ADDITIONAL REBATE OF MONTHLY WATER RATES FOR SENIOR CITIZENS WHEREAS, resident employees are vital for the economic and social life of the Aspen community; and WHEREAS, the cost of housing has prevented many of the employees that work in the City of Aspen from living ln the City and near to thelr place of employment; and WHEREAS, employees commutlng to work in the City of Aspen increase trafflC congestion and air pollutlon, and along wlth other ,drlvers contrlbute to the overcrowded con- dition of the roadways, increaslng hazards for themselves and the traveling publlc ln the Roarlng Fork Valley, and WHEREAS, the City Council of the Clty of Aspen, Colorado has determined that there is an urgent need for constructing employee hous1ng for local employees; and -1- . 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WHEREAS, the City Council has established a method of permltting the constructlon of employee housing funded by public and private sources; and WHEREAS, the City Council has establlshed financial guidelines for the construction of and qualiflcation for employee housing; and WHEREAS, studies by the Aspen/Pitkin County Housing Authorlty have determined that the payment of fees for the connectlon of proposed employee houslng onto the City of Aspen water system has substantially increased the cost, and thereby lnhlblted the constructlon of employee housing; and WHEREAS, the City Council adopted the Comprehensive Water Management Plan to guide the improvement of its water system; and WHEREAS, the City Councll establlshed equlvalent capac- lty units (ECU) and utlllty lnvestment charges (UIC), as the basls of equltably apportioning the cost of the approxlma- tely $9.0 million in lmprovements to the water system made pursuant to the Comprehensive Water Management Plan which were determlned as necessary to accomodate growth; and WHEREAS, the UIC calculations based on ECU ratings were designed in such a way as to reqUlre activitles generatlng growth to pay for the cost of services designed to meet the needs of that growth; and -2- ,-- I:. . WHEREAS, the C1ty Counc11 made provisions In the Comprehens1ve Water Management Plan for elim1nating fees for the connect1on of employee housing onto the water system of the ci ty; and WHEREAS, the City Council requires that those activit1es generatlng growth also create new employee housing units; and WHEREAS, eliminating the utility investment charge for connect1ng employee housing un1ts onto the water system will fa1rly and equitably accomplish the goals and obJect1ves of the City Council with regard to the development of the water system and employee hous1ng; and WHEREAS, res1dent senior citizens on fixed incomes are burdened by the cost of water serV1ces; and WHEREAS, a port1on of the monthly water rate is to pay part of the cost for water system 1mprovements; and WHEREAS, the res1dent senior clt1zens on fixed incowes have paid for water system improvements in the prior years, which improvements are capable of supporting add1tional growth in the future; and WHEREAS, it lS in the interest of the City to establ1sh a rebate of water rates to resident senior cit1zens on fixed lncomes. -3- [' :. '. ::- NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ASPEN, COLORADO AS FOLLOWS: SECTION 1 That Chapter 23, Artlcle III, Division 2, Section 23-71 of the Mun1cipal Code of the City of Aspen, Colorado, be and hereby 1S repealed and reenacted to read as follows: Sec. 23-71 Qualified Employee Houslng Exempt From Util1ty Investment Charges (a) Qualified employee housing shall be exempt from any utility investment charges when connection 1S made onto the City of Aspen water system. (b) "Qualified employee hous1ng" shall be defined as publicly or privately constructed and owned projects which are one hundred percent (100%) employee housing as approved by the City Counc1l and administered by the Aspen/Pitkin County Hous1ng Author1ty. (c) To ma1ntain the designation as qualified employee housing, all employee housing units shall be deed restricted as such and shall have installed properly mainta1ned and continuously operable water conservat1on deV1ces and prac- tices as des1gnated from time to time by the C1ty Council by Ordinance or Resolution, or the City Manager by plumb1ng advisory codes, -4- , '-- '.' 'l jI,( " I (d) Should the qualif1ed employee housing deed restric- tions be eliminated, or the water conservation devices and pract1ces not be installed, properly maintained, or contin- uously operable, the developer of such units or the owners thereof shall relmhurse the City for the cost of the utility investment charges exempted by this Ord1nance. The City Manager shall establish a method of accomplishing this payment so as not to be unduly burdensome on the developer or owners. SECTION 2 That Chapter 23, Article III, Division 3, Section 23-l02(c) and 23-l02(d) of the Municipal Code of the City of Aspen, Colorado, be and hereby is amended to read as follows: (c) with respect to the water rates and changes con- tained in Section 23-101 and 23-102, above, in case of ver1- f1able hardship and upon approval of both the finance director and the water super1ntendent, special billlng arrangements may be made. (d) Any qual1f1ed sen10r cit1zen who so appl1es shall be ent1tled to a 'rebate and adjustment 1n the individual water rates set forth in Section 23-101 and 23-102, above. (1) "Qualif1ed sen10r c1t1zens. shall be as def1ned by the P1tk1n County Social Serv1ces Department 1n consultat1on with the pitkin County Senior Services Council. -5- ~. '.,. " " I. (2) Application for the rebate and adjustment shall be as established by the City Manager in consultation w1th the F1nance and Water Utility Departments. The City Manager shall first coordinate with the P1tKln County Social SerV1ces Department and the Pitkin County Senior SerV1ces Council as necessary to ensure that qualified senior citizens are made aware of the1r el1gibll1ty for this program and the appl1cation procedure is conducive to their participation. (3) Metered residences owned or leased by qualified sen10r citizens will be charged only n1nety percent (90%) of the demand charge and f1re protection charges set forth in Sect10n 23-101(1) and 23-101(5) as determined by the service area factor and the ECU rat1ng of the residence. (4) Unmetered or flat rate res1dences owned or leased by qualified senior citizens w1ll be charged th1rty percent (30%) of the total charge set forth in Section 23-l02(a) as determined by the service area factor and the ECU rating of the residence. SECTION 3 If any provis1on of this ordinance 1S for any reason held lnvalid or unconst1tut1onal by any court of competent Jur1sd1ct1on, such provis1on shall be deemed a separate, distinct, and lndependent prov1s1on, and such holding shall not affect the validity of the remaining portions hereof. -6- I ~ %~ INTRODUCED, READ AND ORDERED publ1shed as provided by law by the City Council of the City of Aspen, Colorado, at its meeting held on ~~ ='~ , 1990. ~~ Y/~i) ~~ O)_~ William Stirling Mayor ATTEST: ~~~cr~ City C~erk FINALLY adopted, passed and approved on -ff1dA (!j.../ /2, 1990. (. ./ ~~~. W1lliam Stlrling Mayor ATTEST: &leU ~ /~;(_ Katl1yrn fJ! Koch C1ty cleA ./ " " ~ -7-