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Home My WebLink Aboutordinance.council.039-93 tl~.....' Ii % \~ ~8' ~ \" ~.i... .'u. ORDINANCE (Series NO. 2:,9 of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CERTAIN PROVISIONS OF CHAPTER 23, ARTICLE III OF THE ASPEN MUNICIPAL CODE RELATING TO MUNICIPAL WATER SERVICES. WHEREAS, the city of Aspen has recently adopted a new comprehensive water management policy to guide the development and expansion of the municipal water system; and WHEREAS, consistent with the new water system management policy, staff personnel have been reviewing existing ordinances addressing the municipal water system and municipal water servic- es; and WHEREAS, certain amendments to existing ordinances have been recommended in order to clarify and make consistent provisions of the Municipal Code with the municipal water policy as adopted by the city Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, as follows: Section 1 That section 23-41 "Definitions" at subsection (k) "Water service area, service area or area of service", of the Municipal Code of the City of Aspen, Colorado, be and is hereby amended to read as follows: (k) "Water service billing area, billing area or area of water service billing", means an area established by the City of Aspen water department for purposes of calculating and assessing tap and/or other water ser- vice fees. The designation of a water service billing area as provided for in this chapter shall not be 'It..',', W: \~ < [Ie,. \~\" 'C,., #i.,.. \\l ~\ construed as an offer, obligation, exclusive right, willingness or ability to serve any customer, prospec- tive customer, or geographical area with municipal water or water services. section 2 That section 23-42 "Service areas and service area factors" of the Municipal Code of the city of Aspen, Colorado, be and is hereby amended to read as follows: Sec. 23-42. Billing areas and billing area factors. (a) The billing areas of the Aspen water department shall be known as follows: Billing Area Name 1... . Central Aspen 2.. . . Eastside 3.... Northside 4. .. . Wests ide 5. .. . Maroon/Castle Creeks 6. ... Airport 7.... Music School 8.. . . Reserved A customer shall be located in the billing area in which either the customer's point of connection to the water system is located or in which the customer con- sumes any water. Where a customer's point of connec- tion and any point of consumption are in different billing areas, the customer shall be located in one of the areas at the superintendent's discretion. (b) Annual debt service and other annual fixed costs ap- proved for the water system shall be allocated among 2 '.' (M. \.. ~-~ '\, ,~ '.; 'Il . --- billing areas in accordance with the following weight- ing factors: Billing Area weighting Factor 1. . .. 1. 00 2.... 2.00 3.... 2.00 4.... 1.25 5.. . . 1. 50 6.. . . 2.00 7. . .. 1. 50 (c) The billing weighting factors in paragraph (b) shall be applied in calculating the demand and fire protection charges under sections 23-101 and 23-102, except as otherwise provided herein. section 3 That section 24-43 "Rate reviews" of the Municipal Code of the city of Aspen, Colorado, be and is hereby amended at subsec- tions (a) (2)b, (a) (8)b, (c) and (d) to read as follows: (a) (2)b. The customer's billing area factor. (a) (8)b. The customer's billing area factor. (c) The billing area factors in paragraph (b) of section 23-42 and the sixty (60) percent/forty (40) percent 3 ll.', ~<. /li_ ar, '\ " fA, ~- allocation in paragraph (b) of this section shall be reviewed by council every five (5) years in light of the asset value of the water system and of any major capital improvement to this system, and the billing area factors and the sixty (60) percent/forty (40) percent allocation shall be adjusted so that debt service and other fixed costs approved for the water system are allocated as nearly as practical among billing areas and between on-line customers and future customers in proportion to the benefits conferred by major capital improvements. (d) No schedule of water rates and charges proposed pursu- ant to such annual or five (5) year reviews shall be effective except after public hearing and thirty (30) days' notice to the public. Such notice shall be given by keeping open for public inspection at the office of the director of finance the proposed annual water budget, and the proposed schedule of the rates and charges. In addition, notice shall be given by pub- liShing a notice of the availability of the proposed budget and rate schedule at least once in a newspaper of general circulation in the billing area of the City of Aspen water utility at least thirty (30) days and no more than sixty (60) days prior to the date set for public hearing on the adoption of the proposed sched- ule. The published notice shall also specify the date, time, and place for the public hearing on the proposed budget and rate schedule. The city council may adjourn and reconvene said hearings as necessary. section 4 That section 23-56 "Application for utility service" of the Municipal Code of the City of Aspen, Colorado, be and is hereby amended at subsection (b) to read as follows: (b) Extension of water service where either the utility service connection or any point of consumption is out- side the corporate limits of the city of Aspen shall,be considered an extraterritorial tap, and shall be made pursuant to agreement with the city, in accordance with the city of Aspen water service extension policy. The city shall not be obligated to extend water service outside the corporate limits of the city and may grant water service only upon a determination that no con- 4 .' iii.. 'i\:.; , 'e" ~, "\", -~.'. ~, ,,~~ flict exists between the best interests of the city and the prospective water use. The city may impose such contract, water rights dedication, and bond require- ments as it deems necessary to safeguard the best interests of the city. section 5 That section 23-58 "utility investment charges" of the Municipal Code of the City of Aspen, Colorado, be and is hereby amended at subsections (a) and (d) to read as follows: (a) The utility investment charge per each equivalent capacity unit (ECU) for each billing area shall be as set forth in paragraph (d) of this section.. (d) utility investment charges are designed to cover the additional cost of new facilities necessary to service the growth projected by the Aspen Area Community Plan for the billing area within which the applicant's utility service is to be located. For the purpose of utility investment charge computation the following fees shall be assessed per ECU: Billing Area utility Investment Charges per ECU Billing Area 1.. .. $3,585.00 Billing Area 2. . .. $7,390.00 Billing Area 3.... $9,855.00 Billing Area 4. . .. $3,810.00 Billing Area 5.... $4,925.00 Billing Area 6. . . . $8,060.00 Billing Area 7.. .. $4,925.00 Billing Area 8.. . . Reserved 5 ~ ~i. ,e.:. ';:'; ~ ~'.'. '':! section 6 That section 23-101 "Monthly rates for metered water ser- vice" of the Municipal Code of the city of Aspen, Colorado, be and is hereby amended at subsections (a) (1) and (a) (5) to read as follows: (a) (1) A demand charge of $4.3546 per ECU per month with a billing area factor of 1.0. (a) (5) A fire protection charge of $1.24 per ECU per month with a billing area factor of 1.0, multi- plied by the applicable billing factor set forth in section 23-42(b). section 7 That section 23-102 "Monthly rates for unmetered water service" of the Municipal Code of the City of Aspen,' Colorado, be and is hereby amended at subsection (a) to read as follows: (a) All unmetered customers shall pay the same monthly rates as metered customers for demand and fire protec- tion charges. Unmetered customers shall also pay a flat rate for estimated gallons used and average pump stations required to deliver water to their billing area in lieu of the variable and pumping charges. In addition a surcharge of twenty-three dollars ($23.00) per ECU per month will be assessed to unmetered custom- ers. said surcharge shall continue to be paid for as long as the water service remains unmetered or the surcharge is waived by the water department superinten- dent because ,of unusual or special circumstances. Section 8 That Section 23-160 "Definition of 'snowmaking'" of the Municipal Code of the city of Aspen, Colorado, be and is hereby amended to read as follows: Sec. 23-160. Definition of "snowmaking". 6 .iX",.,..,."", GY \~ , 4.,.",It',..' I" {\ ,,'It' '\It. '\.~ "Snowmaking" shall be defined as the conversion of water to artificial snow, through a permitted process, and its place- ment on a nordic ski trail or permitted ski area for the purpose of supplementing or augmenting natural precipita- tion. Snowmaking shall include the ancillary use of water for the irrigation of permitted ski areas for ski slopes maintenance and protection. Water utilized for snowmaking shall not be used for residential, commercial, industrial or other municipal purposes beside snowmaking. section 9 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. section 10 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 11 A public hearing on the ordinance shall be held on the /~ day of J~ f.'J' Chambers, Aspen city , 1993, in the City Council Hall, Aspen, Colorado. 7 ii..,..,. '<. ,~'" 1i. .' ill' . \\t. ~ INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city Council of the City of Aspen on the ~J( day of ~ , 1993. ~ 7, (5~- John S. Bennett, Mayor ATTEST: FINALLY adopted, h passed and approved this ~~ day of , 1993. ~ 9, t3~ John . Bennett, Mayor ATTEST: jc622.1 8