HomeMy WebLinkAboutordinance.council.076-92
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ORDINANCE NO. 76
Series of 1992
AN ORDINANCE AMENDING SECTION 23-18.I(a) OF THE MUNICIPAL CODE OF THE
CITY OF ASPEN, COLORADO, TO INCREASE AND CODIFY RETAIL ELECTRICAL
SERVICE RATES AND TO REPEAL SECTION 2 OF ORDINANCE NO. 42, SERIES OF
1984, RELATING TO PROCEDURES FOR SETTING RETAIL ELECTRIC RATES.
WHEREAS, the City Council established the current retail electric service rates in 1984
in accordance with Ordinance No. 42, Series of 1984, and has not revised those rates since that
time; and
WHEREAS, the City Council has reviewed the associated costs to the City of Aspen to
purchase wholesale electricity from the Municipal Energy Agency of Nebraska and the Western
Area Power Administration, and to generate hydropower from the City's Ruedi Hydropower
Generation Facility; and
WHEREAS, the City Council has reviewed the associated costs to the City of Aspen's
Electric Utility Department to sell electric service to its residential and commercial customers;
and
WHEREAS, the City Council upon completing said reviews desires to increase the retail
electric service rates by 1.5 % in accordance with the electric ratemaking procedures set forth
at Section 23-18.1 of the Aspen Municipal Code and Section 40-3.5-104 of the Colorado Revised
Statutes; and
WHEREAS, the City Council has determined that the following steps have been taken
to provide adequate notice to the public of its intention to increase electric service rates in
accordance with Section 23-18.1 of the Aspen Municipal Code: (a) the new proposed service
rates have been made available to the public for public inspection at the office of the finance
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director for a period of not less than thirty (30) days; (b) notice of the proposed rate increase
was published in a newspaper of general circulation at least thirty (30) days and no more than
sixty (60) days prior to the date set for a public hearing on the adoption of this ordinance; and
(c) a notice of the proposed increase in electric service rates was mailed to all customers residing
outside the city limits of the City of Aspen; and
WHEREAS, the City Council has determined that the notices provided pursuant to
Section 23-18.1 of the Aspen Municipal Code included the date, time and place of the public
hearing held to consider the proposed new service rates, and a statement that all electric utility
customers had the right to appear personally or through counsel for the purpose of providing
testimony regarding the proposed rate increase; and
WHEREAS, the City Council has determined that Section 2 of Ordinance No. 42, Series
of 1984, which sets forth a policy for setting retail electrical rates, is extremely cumbersome and
impractical; and
WHEREAS, the City Council has determined that it is in the City of Aspen's best
interests to repeal Section 2 of Ordinance No. 42, Series of 1984; and
WHEREAS, the City Council desires to establish and codify the amount of the monthly
customer service charge to partially offset the cost of reading electric meters and otherwise
maintaining customer accounts.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1
That Section 23-18.1(a) of the Municipal Code of the City of Aspen, Colorado, which
section relates to electric service rates, is hereby amended to read as follows:
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Sec. 23-18.1. Electric Service Rates.
(a) All retail customers of the Aspen Electric Department shall pay a monthly
customer service charge of five dollars ($5.00) plus the sum of the customer's use of electricity
measured in kilowatt-hours (kWh) during the Department's monthly meter reading cycle
mutiplied by the appropriate Retail Service Rate as follows:
(i) The Retail Service Rate for commercial customers shall be $0.07020 per Kwh,
(ii) The Retail Service Rate for residential customers shall be $0.06461 per Kwh.
Section 2
That Section 2 of Ordinance 42, Series of 1984, entitled "Policy for Setting Retail
Electric Rates", is hereby repealed.
Section 3
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
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 4
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 seperate, distinct and independent provision and shall not affect the validity of the
remaining portions hereof.
A public hearing on the ordinance shall be held on the II day of
1993, 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
:1.3 day of ~../ , 1992.
Council of the City of Aspen on the
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J hn S. Bennett, Mayor
ATTEST:
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Kathryn Sl,Koch, City Clerk
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