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HomeMy WebLinkAboutordinance.council.027-95 . '~_i" '41 "''-~ ..f ~ ~, ORDINANCE NO. .;,:j- Series of 199s-" A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ESTABLISHING A SCHEDULE FOR PARTIAL TAP FEE WAIVERS FOR MIXED FREE- MARKET AND AFFORDABLE HOUSING PROJECTS IN AH ZONE DISTRICTS WHEREAS, the city of Aspen, Colorado is a home rule city under Article XX of the Constitution of the State of Colorado, vested with authority and power to establish rates and charges for the delivery of water through its municipal water system; and, WHEREAS, the development of affordable housing in the Aspen area has been determined to be a goal of the City in the Aspen Area communitiy Plan; and, WHEREAS, by Ordinance No.8 (Series of 1990), city Council established a waiver of water utility tap fees and other charges for projects consisting entirely of affordable housing units; and, WHEREAS, Ordinance No. 8 (Series of 1990) did not authorize any water utility fee waivers for projects consisting of both deed- restricted affordable housing units and unrestricted units; and, WHEREAS, city Council has received and granted requests for partial water utility fee waivers for projects consisting of both deed-restricted affordable housing units and unrestricted units; and, WHEREAS, city Council, to facilitate the planning and development of affordable housing, desires to adopt a schedule of partial water utility fee waivers for projects consisting of both deed-restricted ,affordable housing units and unrestricted units; J NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: section 1 .,.. ~ The following schedule of water utility fee waivers shall be applied to approved developments in the AH Zone District which consist of a mix of deed-restricted affordable housing units and unrestricted (free market) units. The unit category classifications refer to the classifications of the Aspen-Pitkin Housing Authority as now in effect and as may hereafter be amended. HOUSING CATEGORY FEE WAIVER LEVEL Category 1 100% Fee Waiver category 2 70% Fee Waiver category 3 40% Fee Waiver Category 4 0% Fee Waiver Resident Occupied 0% Fee Waiver ~. Free Market units 0% Fee Waiver "~' . , section 2 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed of amended as herein provided, and the same shall be construed and concluded under such prior ordinances. section 3 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 e shall be deemed a separate, distinct and independent provision and A'- ... ~.' ';\ ",. -'>i ~, . -1. a' \\'\ "L . shall not affect the validity of the remaining portions thereof. day 0: p~ring on th.,o::::~n:: :::':,:: ::::0:: :::m:::., Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city Council of the City of Aspen on the /~ ~a;;/ , 1995. day of rt>~ John S. Bennett, Mayor 1\.'l"fEST:. vik- City Clerk FINALLY adopted, passed and approved this ~ day of r- , 1995. ~ {5~~ John S. Bennett, Mayor ATTEST: ,"- -., .0