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Home My WebLink Aboutordinance.council.019-90 . ,I '.- " ~' , " ~- ORDINANCE NO. Jq (Series of Imy-- AN ORDINANCE ENTITLED: "RE: 1990 WA'fER SYSTEM FIRE PROTECTION RATE AND CHARGE REVISIONS"; AMENDING DIVISIONS 2 AND 3, ARTICLE III OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: BY AMENDING SECTION 23-62 TO ESTABLISH A CREDIT FOR CHARGES PREVIOUSLY PAID FOR WATER SERVICE CONNECTION; AND AMENDING SECTION 23-58 FOR THE PURPOSE OF INCREASING UTILITY INVESTMENT CHARGES; AND AMENDING SECTION 23-101 FOR THE PURPOSE OF INCREASING THE RATES FOR FIRE PROTECTION WHEREAS, the City Council adopted the Comprehensive Water Management Plan to guide the improvement of its water system; and WHEREAS, the City Councl.l established equivalent capacity units (ECU) and utility investment charges (UIC), as the basl.s of equitably apportioning the cost of the approximately $9.0 million in improvements to the water system made pursuant to the Compre- hensive Water Management Plan which were determined as necessary to accommodate growth; and WHEREAS, the City Council made provl.sions in the Compre- hensive Water Management Plan and by Ordinance for eliminating fees for the connection of employee housing onto the water system of the City; and WHEREAS, the City Council requires that those activl.ties generating growth also create new employee housing units; and WHEREAS, eliminating the utility investment charge for connecting employee housing unl.ts onto the water system and adJusting those charges for other users accordingly, wi~l fairly and equitably accomplish the goals and objectives of the city :- .e e council wl.th regard to the development of the water system and employee housing; and WHEREAS, the resident senior citizens on fixed l.ncomes have paid for water system improvements in the prior years, whl.ch l.mprovements are capable of supportl.ng additional growth in the future; and WHEREAS, the City has established by Ordinance adjustments and rebates of monthly water rates to resident senior citizens on fixed incomes; and WHEREAS, many homes and businesses within the city limits of Aspen, Colorado, are being sUbstantially remodeled or entirely removed and replaced by larger structures; and WHEREAS, for structures which have been substantl.ally remodeled or removed and rebuilt, monetary credit towards the utility investment charges would be given only to the extent the charge was actually paid by the landowners or the predecessor of the landowner; and WHEREAS, there is a necessity to establish an increase in the existing level of utility investment charges; and WHEREAS, there is a necessity to increase the rates charged for fire protection service as the capital and operation cost of this service is thl.rty percent (30%) of the entire cost of the water systems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 2 e e "e section I That Chapter 23, Article III, Division 3, section 23-62 of the Municipal Code of the city of Aspen, Colorado, be and hereby is amended by adding a new subsection 23-62(c) to read as fol- lows: "Sec. 23-62 (c) . (c) In the calculatl.on of the utility Investment Charge to be paid by the owner of residentl.al or commercl.al structures which are to be substantl.ally remodeled or rebuilt, the utility investment charge shall be the charge determined in accordance with Section 23-58 for the completed structure, minus the amount of any connection or investment charges actually previously paid by the landowner or the predecessor of the land- owner for connection of water service to the existing structure or structures on the property. Where struc- tures are not substantially remodeled or rebuilt but are merely renovated or less than substantl.ally remodeled the utility investment charge shall be the charge determined in accordance with section 23-58 for a new connection having an ECU rating equal to the difference between the new ECU rating of the structure and the former ECU rating of the structure; provided, however, that new water conserving devl.ces are installed in the structure which meet the City stan- dards for new water using devices. (I) 'Substantial remodel' shall be defined as the increase by fifty percent (50%) in the water uSl.ng capacity of new watE!r using devices or fixtures installed on a property, as measured by the ECU rating of the existing and proposed structure(s). (2) 'Rebuilt' shall be defined as the removal and total reconstruction of a structure on a parti- cular piece of property. The calculation for the credit to be given for property on which the structures are substantl.ally remodeled or rebuilt shall take into account the amount actually paid for utility investment charges, EQR charges, connection charges, system development charges, tap fees and plant investment fees in the records as maintained by the city. If (3) 3 'e no such records are maintained or it is impossible to determine the credit to be given, the credit shall be as calculated by the Director of the Water Department of the city, taking into account the following in addition to other criteria deemed relevant: a. b. c. d. e. f. g. h. :e i. (4) a . Size of the water main servicing the area; size of the service line to the property; size of the meter installed; Age and use of the building; Date of original connection to the City water service. History of fixture installations and upgrades; Fees charged to similarly situated customers; Any verifiable and relevant records of the applicant; Consideration other than money (e.g., water system upgrades, easements or water rights) given to the city in exchange for the charge for tap connection or net benefit to the water system; and j. Unamortized capital expended for improvements to the system since the date of connection which has not been recovered by the water rates paid by the landowner. In the event the landowner disputes the amount of credit to be given, he shall request and pay the costs of arbitration of the issue by the Manager of the Aspen Consolidated Sanitation District. The conclusion of the arbitrator shall be final if the land is located within the incorporated limits of the city of Aspen. The City may decline to connect water service, at its discretion, for customers outside of the City of Aspen at the credit established by the arbitrator." 4 'e ,e Ie section 2 That Chapter 23, Article III, Division 3, section 23- 101(a) (5) of the Municipal Code of the city of Aspen, Colorado, be and hereby is amended to read as follows: n(5) A fire protection charge of $1.24 per ECU per month with a service area factor of 1.0, multiplied by the applicable service area factor set forth in Section 23- 42 (b) ." section 3 That Chapter 23, Article III, Division 2, section 23-58(a), 23-58(b), and 23-58(d) of the Municipal Code of the City of Aspen, Colorado, be and hereby is amended to read as follows: Sec. 23-58 Utility Investment Charqes. (a) The utility investment charge per each equivalent capacity unit (ECU) for each service area shall be as set forth in paragraph (a) of this section. (b) The total utility investment charge for a customer shall be the customer's ECU rating multiplied by the charge in paragraph (d). (C) [Remains as currently se~ forth in Municipal COde.] (d) utility investment charges are designed to cover the additional cost of new facilities necessary to service the growth projected by ~he Aspen/pitkin County Growth Management policy Plan for the service area within which the applicant's utility service is to be located. For the purpose of utility investment charge computa- tl.on the following fees shall be assessed per ECU: Service Area utility Investment Charqes per ECU Service Area I Service Area 2 Servl.ce Area 3 Service Area 4 Service Area 5 3585.00 7390.00 9855.00 3810.00 4925.00 5 'e e '. I service Area 6 Service Area 7 Service Area 8 8060.00 4925.00 Reserved The total utility investment charge shall be the utill.ty investment charge per ECU multiplied by the number of ECU points for the utility connection applied for by the applicant." section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstl.tutional in a court of competent jurisdict~on, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remainl.ng portions thereof. section 5 A pub c hearing on the ordinance shall be held on the ~ ~":;3-r 0( day of ~ 1990, in the city council ./ I Chambers, Asp n City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by th?JCit~_ Council of the city of Aspen on the ~ day of U,:pu..t..J , 1990. Mayor ATTEST: ~a2;~ ~ k, , Kathryn sp!Kocn, city Clerk 6 . Ie e e FI~ALLY adopted, f'/J{lL~ o ATTEST: passed and approved this //tt~, day of ~ k,,- ,city Clerk "~~~ William L. stirYing, Mayor 7