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HomeMy WebLinkAboutordinance.council.040-81FORM 50 C.F. HOECKEL B. a. & L. CO RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. _~/O (Series of 198i) AN ORDINANCE ENTITLED "THE UTILITY SERVICE CONNECTION ORDINANCE OF 1981," REPEALING DIVISION 2 OF ARTICLE III OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO~ ENTITLED "TAP PERMITS AND PLANT INVESTMENT FEE," AND ENACTING A NEW DIVISION 2 THEREOF ENTITLED "UTILITY CONNECTION CHARGE~" PROVIDING FOR APPLICATION PROCEDURES FOR CONNECTION TO THE CITY OF ASPEN WATER UTILITY, CONNECTION CHARGES THERETO, SIZE OF CONNECTIONS, AND DISCONNECTIONS FROM THE UTILITY WHEREAS, the City Council ("Council") of the City of Aspen, Colorado ("City") desires that connection charges provide adequate capital contribution; and WHEREAS, the Council desires that connection charges be fairly and equitably assessed according to demands on the City's municipal utility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Division 2 of Article III of Chapter 23 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as follows: ARTICLE III DIVISION 2. UTILITY CONNECTION CHARGE Sec. 23-54. Definitions. (a) "Building Permit" means a permit issued by the City pursuant to Chapter 7, or by the County pursuant to County regulation. (b) "Director" means the Director of Water Treatment and Supply. (c) "Equivalent Residential Unit" ("EQR") means a number related to volume of water consumed by a single family residential unit housing a statistical average family of 3.4 persons or any different number as determined once pe annum by the Director. The EQR is based on the fol- lowing water consuming structures: (a) two bedrooms; (b) one full bathroom, including toilet, sink, tub, and shower; (c) one kitchen, including one sink and dish- wasner~ (d) one clothes washer of not more than 12 FORM 50 C, F. HOECKEL B, B, & L. CO. RECORD OF PROCEEDINGS Leaves (d) (e) (f) (g) (h) (i) (j) pounds load capacity; and (e) not more than 2,500 square-feet of sprinkler irrigated lawn or garden. "Good Cause Shown" means conditions or circumstances beyond the applicant's reasonable control, including, but not limited to, financial hardship, delays in delivery of building materials, labor disputes, etc. "In-City Water User" shall mean a water user served by the Aspen water utility where Doth the utility connec- tion and all points of water consumption are located inside the incorporated limits of the City of Aspen. "Projected GMP Expansion Facilities Costs" mean the projected costs for the replacement, major repair and restoration of water collection, treatment and distribu- tion facilities~ and for the construction of such new water collection, treatment, and distribution facilities as the City deems appropriate. Said costs shall be paid out of the Utility Connection Charge Reserve. "On-Line Customer" is a customer of the City of Aspen water utility who has paid a utility connection charge and who has been issued a utility connection permit. "Out of City Water User" shall mean a water user served by the City of Aspen Water Utility where either the utility connection or any point of consumption is located outside the incorporated limits of the City of Aspen. "Service Area" as used in this Division shall mean one or more of those identified subdivisions of the total potential or existing service area of the City of Aspen Water Utility, as defined and specified in the Compre- hensive Water Management Plan of the City of Aspen. As set forth in the Plan, designation of these potential service areas or the establishment of utility connection charges shall not be construed as a willingness or abil- ity of the water utility to service those areas, but only as fees to be charged if and when such service is extended. A customer of the City of Aspen Water Utility shall be defined to be located within the service area in which the utility connection serving that customer is located. The Water Service Areas are identified on the Service Area Map and will be commonly known in the internal records as; Service Area 1. Service Area 2. Service Area 3. Service Area 4. Service Area 5. Service Area 6. Central Aspen Area Eastside area Northside Area Westside Area Maroon/Castle Creek Area Airport Area - far west area "Utility Connection Charge" means a charge, based upon the anticipated water use of the customer as expressed in EQR, which shall be a capital investment for facili- FOR)4 ~0 C.F. HO£CK£L B. B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves ties necessary to provide water service to that cus- tomer. (k) "Utility Connection Permit" means permission by the City to tap onto the City water utility pursuant to the terms of this Division and any additional contractual terms which may be imposed. (1) "Utility Hookup Charge" means a charge based upon the size of a customer's utility connection, for labor, materials and other expenses incident to actually installing the physical utility connection. (m) "Utility Service" means connection to the water supply system. (n) "Water Consuming Structural Addition" means any of the classifications set forth in Section 23-58. Sec. 23-55. Connection to municipal utility system. All buildings, structures~ facilities, parks~ or the like within City limits which use water shall be connected to the municipal water utility system. Sec. 23-56. Application for utility service. (a) Application for water service, where both the utility service and ali points of consumption are within the corporate limits of the City of Aspen shall be con- sidered to De a utility service within the corporate limits of the City, and shall be made as provided in this Division. (b) Extension of water service where either the utility service or any point of consumption is outside the cor- porate 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 Main Extension of 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 conflict exists between the best interests of the City and the prospec- tive water use. The City may impose such contract and bond requirements as it deems necessary to safeguard the best interests of the City. (c) Any person who desires to connect to the municipal util- ity system or who is already connected to the municipal utilty system and intends to add a water consuming structural addition to his connection shall file an application for utility service as provided in sUbsec- tions (d), (e), and (f) of this Section and shall pay a connection charge in accordance with Section 23-58. (d) Applications for utility service shall be made in writ- ing to the Director on such forms as the Director may prescribe. Except as provided in subsection (f)of this Section, application must be made by the owner of the property to be served or his duly authorized agent, designating the property, stating the purpose for which FORM 5O C.F. HOECKEL 8, B. & L. Cb RECORD OF PROCEEDINGS 1 O0 Leaves the water may be required, and stating the number of EQR units associated with such purpose. In the case of new structures, additions, or remodeling within the City of Aspen, the applicant shall also attach a copy of a valid building permit for the structure for which utility ser- vice is applied. (e) In the event a building permit is not necessary or required for the property to which water service is sought, or in the case of new structures located outside the incorporated limits of the City of Aspen, applica- tion for a utility connection permit shall be made pur- suant to this Division no more than sixty (60) days prior to connection to the water utility. Said 60-day period may be extended for not more than one additional 60-day period, upon written request made to the Director prior to the expiration of said period and upon good cause shown. (f) Any person not an owner may apply to the Director for utility service to property which said person occupies but does not own. The application shall state the loca- tion of the property, the purpose for which water is required, and the interest of the applicant in the pro- perty. The Director may, in the exercise of his discre- tion, accept the non-owner appiication for utility ser- vice and may include such conditions as he sees fit with regard to the account, including the furnishing of a depos it. (g) An application shall be required, connection fees shall be assessed, and, where appropriate, water rights dedi- cation shall be required for any new or expanded use of water, whether or not such new or expanded use requires a new or enlarged utility service. All fees collected pursuant to this Section shall be expended toward the payment of Water Capital Debt Service, as defined in Section 23-101(g) (i). Sec. 23-57. Utility connection permit. (a) No utility connection permit shall be issued, except pursuant to this section unles the utility connection permit is issued and paid for pursuant to a phasing agreement, prepayment agreement, or other agreement with the City to the contrary. (b) Subject to the provisions of Section 23-56(d) and (e), no utility connection applicant shall receive a utility connection permit for a new utility service prior to the issuance of a building permit for the structure or structures to which water service is requested. Any structural change or addition or change of service of an existing connection shall require a utility connection permit. Any time after the issuance of a building per- mit, the party to whom the building permit is issued shall make application as provided in Section 23-56 for a utility connection permit. (c) It shall be unlawful for any person not authorized by this Division to make any connection with any main of FOR&i 50 C.F. HOECKEL B. B. ~ L. CO. RECORD OF PROCEEDINGS · 100 Leaves the water utility or for any unauthorized person to con- nect to the water utility or fOr any person to make a water consuming structural addition or change in service contrary to the provisions of this Division. (d) All utility connection permits as required by this Divi- sion shall be issued by the Director and shall set forth all those requirements specified in Section 23-56(d). The Director shall keep a duplicate or record of all utility connection permits issued by him. (e) Any permit issued pursuant to this Section shall expire upon failure to make the authorized utility connection, at the time of expiration of the building permit for the structure or structures proposed to be serviced, or upon expiration of the 60-day period provided for in Section 23-56(e). In the event of expiration of a utility con- nection permit, the applicant, upon request, shall be refunded any utility connection charges not expended by the City for the benefit of the applicant. Sec. 23-58. Connection charges. (a) No water utility service shall be furnished to any new connection or to any addition to existing service until ail utility connection charges and utility hookuP charges have been paid as provided for by this Divi- s ion. (b) In the event that a connection or proposed connection does not fit within the categories provided in subsec- tion (c) hereof, the Director may make a separate EQR determination, or may require that such determination be made by the City's engineer at the applicant's expense. In no event, however, shall utility connection charges be less than the following minimum amounts (SA = service area): Meter and Tap Size Charge Demand (gpm) ( inches ) sA-1 SA-2 SA-3 SA-4 SA-5 SA-6 0-18 19-30 31-60 61-96 97-180 181-300 301-600 (c) 3/4 $1600 1 2850 1 1/2 6400 2 11,400 3 25,600 4 45,600 6 $3300 $3700 $1700 $2200 $2800 5875 6600 3025 3925 5000 13,200 14,800 6800 8800 11'200 23,500 26,400 12,100 13,675 ~19'950 52,800 59,200 27,200 35,200 ~44,800 94,000 105,400 48,450 62,660 ~79,750 102,400 211,200 236'800 108'800 140,800i79'200 Utility connection and hookup charges shall be levied in the full amount set forth in this Section, notwithstand- ing the fact that an applicant may apply for only a sin- gle utility ~service. Such applicant shall be required to pay utility connectin charges in accordance with the following table: 5 RECORD OF PROCEEDINGS 100 Leaves TABLE OF EQUIVALENT UNITS Classification EQR Points 1. RESIDENTIAL (occupancy extending more than one month per occupying party) and/or Lodging occupancy extending less than one month per occupying party) uses; identified to each individual rental or owner occupied unit: ae Ce de fe m. n. Kitchen, including sink and dishwasher 0.35 Bedroom, each (when not used as a separate rental unit) 0.10 Washing machine, within unit, 12-pound capacity or less 0.10 Full bath, including toilet, sink, tub/shower 0.35 Toilet or urinal with manual flush mechanism each additional 0.05 Lavatory sink, each additional 0.03 Shower, tub or combination shower/tub, each additional 0.05 Laundry or mop sink, each 0.05 Kitchen, including sink and dishwasher, each add itionai 0.10 Rental bedroom, no bath, no cooking 0.30 Rental bedroom, bath, no cooking 0.40 Rental bedroom, not bath, cooking 0.40 Rental bedroom, bath, cooking 0.50 Buffet apartment~ (one room with no separate bedroom and one bathroom with toilet, sink and shower/tub) 0.60 2. COMMERCIAL or NOT-FOR'PROFIT (Private or public schools, churches, nOt-for-profit organizational halls) uses: ae Ce Bars, restaurants and cafeterias: Conunercial uses - each 25 person capacity 2.00 Not-for-profit uses - first 25 person capacity of the school or organization 1.20 - each additional person capacity of the school or ogranization 0.60 Recreational facilities (with lockers), including but not limited to, gymnasiums and health spas: Commercial uses - each 25 person capacity 1.25 Not-for-profit uses - first 25 person capacity of the school or organization 1.20 ' each additional 25 person capacity of the school or organization 0.60 Schools - first 25 person capacity 1.00 - each additional 25 person capacity 0.50 Retail or other public services, per 1000 square feet of floor space 0.05 Office, per 1000 square feet of floor space 0.20 Warehouse and industrial; having nor industrial wastes or process water (i.e. which are served by sanitary sewer use only for non-solid waste disposal) - per each 1000 square feet of floor space, add 0.20 - for each 1000 gallOns per day of non- consumptive process water, add 1.50 - for each i000 gallons per day of consumptive process water, add 3.90 6 FORM 50 C.F. HOECKEL B. B. & L, CO. RECORD OF PROCEEDINGS 1 O0 Leaves Service Stations - self service (no wash or lubrication and/or service bays 1.00 - full service, per service or lubrication bay, and/or wash bay 2.00 - wash bays only, self service, each bay 1.00 - wash bays only~ automatic, each bay 0.50 Churches and not-for-profit organizational halls, with no residence or regular eating facilities 1.00 3. VARIOUS USES in conjunction with other use classifications identified in 1 and 2: ae be de Swimming pools, hot tubs, jacuzzies, or re- cycling decorative fountains, each 25,000 gallon capacity or fraction thereof Saunas Coin-operated or commercial laundry washing machines - each machine, 12-pound capacity or less - each additional one pound of capacity Fire'protection sprinkler heads Lawn or garden irrigation 1. Hose bibs (not over 3/4 inch) 2. 0.10 0.08 0.50 0.03 0.00 0.08 Seasonal irrigation sprinkler system, yard and wash hydrants, or continuous flow drinking or decorative fountains (non-recycling): a. 5/8 inch supply line (or smaller) 0.50 b. 3/4 inch supply line 1.00 c. 1 inch supply line 2.00 d. 1 1/4 inch supply line 2.90 e. 1 1/2 inch supply line 3.85 f. 2 inch supply line 7.70 g. 2 1/2 inch supply line 11.50 h. 3 inch supply line 17.30 i. 4 inch supply line 30.75 fe Accessory building, a detached, subordinate building located on the same lot as the principal building or use of the lot, not used for sleeping quarters; to be evaluated and set individually by the DireCtor. The EQR for any use or water consuming structure not covered in this Table shall be determined by the Direc- tor on a case-by-case basis according to anticipated water use, or may be determined by the City Engineer or any special consultant to the City, at the sole expense of the applicant. (d) Connection charges are desig'ned to cover the additional costs of new facilities necessary to service the growth pro]ected by the Aspen/Pitkin County Growth Management Policy Plan for the service area within which the Appli- cant's utility service is to be located~ for customers on-line after December 31, 1980. For the purpose of connection charge computation, the following fees shall be assessed per EQR (1980 dollars): 7 FOR~I 50 C.F. HOECKEL B. B. & t., RECORD OF PROCEEDINGS 1 O0 Leaves projected Growth Management Plan Expansion Facilities Total EQR to Costs (Millions of be serviced Dollars) after 12/31/80 Utility Connection ~h~rges Per EQR Service Area-1 Service Area-2 Service Area-3 Service Area-4 Service Area-5 Service Area-6 $1.7709 1,153 $1,600 1.7705 534 3,300 .2578 69 3,700 .1946 117 1,700 .1606 72 2,200 .6355 228 2,800 The total connection fee shall be the utility connection charge per EQR multiplied by the number of EQR points for the utility connection applied for by the Appli- cant. (e) The Director may impose special connection charges in cases where, because of the number, location, or other circumstances of the proposed connections~ he determines that fairness to the applicant, the interest of the City, or City contractual obligations justify special connection charges. (f) Payment of the utility connection charge and the utility hookup charge shall be due at the time of application. (g) Before any water is furnished to a completed facility, the Director or his appointee shall inspect the property designated on the application and shall certify on the application that the number of EQR units stated on the application equal the number of EQR units actually to be used. Prior to inspection, water may be furnished to a utility service for construction purposes. If the actual EQR total is less than the EQR total stated in the application, the applicant shall be entitled to a refund of any overpayment made, except that no refund shall be made of any utility hookup charge. If the actual EQR total is greater than the EQR total stated in the application, no water shall be furnished until the deficit in the utility connection charge and the utility hookup charge nave been paid. If a larger service is required, no water shall be furnished until such connec- tion is provided anG all associated fees nave been paid. (h) Land developers shall be responsible for the full cost of running and connecting water delivery piping, sewage piping, and storm sewer systems to existing mains, and shall fully comp±y with the City's then-existing water main extension policy. Sec. 23-59. Utility Connection Charge Reserve. There is hereby established a reserve into which all utility connection charges collected by the City pursuant to this Division shall be placed. Said reserve shall be known as the "Utility Connection Charge Reserve", and shall be restricted to payment of the costs of new facilities necessary to ser- vice the growth projected by the Aspen/Pitkin County Growth Management Policy Plan for the service area within which the applicant's utility service is located, as provided for in 8 FORM 5~ ¢. F. HOECKEL B~. B~ 8: L. CO, RECORD OF PROCEEDINGS 100 Leaves the City of Aspen Comprehensive Water Management Plan, for customers on-line after August 5, 1981. Sec. 23-60. City-County Water Trust. Ail utility connection service charges for out of City water users shall be surcharged at a rate of 5% of the utility con- nection charge calculated pursuant to Section 23-58. All proceeds from such surcharge shall be placed in the City of Aspen-Pitkin County Water Trust and shal be used as provided for in any intergovernmental contract between the City of Aspen and Pitkin County, which contract specifically shall provide for the establishment of said Trust and the use of the monies therefrom. The surcharge provided for in this Section shall become applicable upon the establishment of a City-County Water Trust pursuant to intergovernmental con- tract. Sec. 23-61. Utility hookup charge. (a) Recommended iainimum inside diameter sizing for physical water connections shall De computed, and a utility hook- up charge shall be paid to the City in conjunction with the EQR value stated in the application and according to the following Table; EQR Point Range Recommended Connection Size Utility Hook- up Charqe Min. Max. 0 1.0 1.1 2.0 2.1 7.0 7.1 20.0 20.0 60.0 60.1 100.0 3/4" 1 1/2" 2" 4" 6" $300.00 400.00 500.00 800.00 For tap lines larger than 2 inches, the utility hookup charge shall be determined by the Director based on the expense to the City incident to utility connection. (b) The utility hookup charge may include the cost of the corporation stop, the curb stop, the curb box, and the meter and appurtenances. The cost of installation of the corporation stop shall also be included. The water user shall furnish and pay for all materials, labor, and all expenses in and about the making of all connections with the main, except those costs included in the util- ity hookup charge described in this Section. Sec. 23-62. Additional Service -- Fixtures. (a) No additional service, change of fixtures, or change in use of an existing utility connection may be made with- out application and a utilit connection permit issued therefor by the City pursuant to this Division. Utility connection permits may be subject to conditions neces- sary in the interest of the City water utility, includ- ing a requirement that a larger tap be installed. RECORD OF PROCEEDINGS 100 Leaves (b) Any additional service, change of fixtures, or change in use shall be subject to payment of a utility connection charge, Dased upon the additional EQR value associated with such additional service, change of fixtures, or change in use. In no event shall there De any refund or reimbursement for a reduction in the number of EQR's associated with any utility service. If a larger util- ity service is required, the utility hookup charge shall be assessed as for a new utility service. Sec. 23-63. Oversize Tap; Fire Protection System. (a) If a utility service larger than that determined in Sec- tion 23-59 is desired, the enlarged connection may be installed upon approval by the Director upon payment of the utility connection charge and the issuance of a utility connection permit. (b) In the event a larger size utility service is necessary for a private fire protection system, the utility con- nection charge shall be computed only upon te EQR value and size of connection needed to serve the building exclusive of the fire protection system. Nothing herein shall, however, relieve the user from paying the full utility hookup charge, or from assuming the full cost of installation of the servicer including cost of the tap, all pipes, valves, valve boxes, and meter. Sec. 23-64. Requirements for service pipes; location of curb s tops. (a) (b) Ail water service pipes shall be laid at least seven (7) feet below the existing grade of the street or ground. No service pipe shall be covered prior to inspection and approval by the Director. (c) Ail service pipes shall have a copper thaw wire of not less than number four (4) gauge installed between the corporation stop and the point of entry to the building in such manner so as to provide an electrical circuit through the service pipe. (d) No connection inserted in or connected with the service pipes shall have an inside diameter of less than three- quarters (3/4) of an inch and every tap shall be made of brass. Service pipe connected to the connection shall be of heavy serviceable copper provided that a substi- tute material may be permitted by the Director on request to him. The service pipe shall extend from the main to the outside line of the sidewalk at which point shall De placed a curb stop with cover and in case the point of delivery is such that ti]ere is no sidewalk or if it be in an alley, then the curb stop shall be placed just outside the lot line or at such point as the Direc- tor shall direct, so that the same shall be accessible to the Director for the purpose of turning on or shut- ting off water without entering on private premises. l0 FORM 5~ C.F. HO£CKEL B. B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves Sec. 23-65. Single Utility Connections Serving More than One Building. (a) In all cases where service pipes nave been constructed from a single utility connection to different houses, buildings, or premises, and a separate curb stop access- ible to the Director nas been placed on the pipe leading to each house, building or premises, so that water can be easily turned on and shut off from the premises, or any of them, the continued use of such extensions will be permitted. (b) Any person owning adjoining premises may obtain a permit to make one utility connection for all such premises. Whenever such a permit has been granted r a single con- nection may be made and a single service pipe may be laid thereforv but such service pipe must De provided with separate and distinct curb stops for each and every one of the premises serviced. (c) No connection with the water utility or use of water shall be made through any extension of the service pipe of any other premises except as provided in this section. (d) Nothing herein shall be construed to relieve any water utility applicant from paying any utility connection attributable to the new or increased water service. Sec. 23-66. Barricades and safety measures for excavations. All excavations in the street with regard to the water ser- vice shall be made in conformity to this Code and other ordinances of the City and suitable barricades and guards shall be placed around such excavations, and shall be suffi- cient to protect all persons from injury and damage; and sufficient warning lights shall be kept illuminated near such excavations from' twilight until sunrise in order to protect all persons from injury or damage thereby. The person making such excavations shall De liable for all injuries or damages resulting from his failure to do so. Sec. 23-67. Testing of completed connection. When any utility connection for water service has been com- pleted and the service is found to comply with the provisions of this Article, the Director shall test the connection to determine that the connection and service are in proper oper- ating condition. No water shall be turned on Dy any one except the Director or someone acting under his order. Sec. 23-68. Maintenance of service pipes and fixtures. The owner of any premises for which a utility connection is made shall at all times keep all service pipes, fixtures, and appliances from the point of connection at the corporation stop to and on his premises tight and in good working order so as to prevent any waste of water. In case any pipe or fixture shall be found to leak water, or be damaged, the owner shall forthwith repair and correct the same, and the owner shall be responsible for thawing frozen pipes from the point of connection with the main at the corporation stop to 11 FORM 5~ C.F. HOECKEL B. B. 8, L. CO, RECORD OF PROCEEDINGS 100 Leaves his premises. If after due nonice to the owner by the Direc- tor to repair leaking or damaged service pipes or appurten- ances, such repair is not made, the Director may have the service pipes or appurtenances repaired or replaced. Any costs incurred Dy the Aspen Water Utility in so doing shall become a lien upon the premises and be satisfied against the same. Sec. 23-69. Notice to repair defective plumbing fixtures; discontinuance of service for failure to comply. (a) If at any time the Director shall ascertain that the plumbing fixtures or appliances on any premises are so defective as to waste water, it shall be his duty to immediately notify the user of the water or his agent, to repair the same, and if the same are not repaired within forty-eight (48) hours from the time of such notice being served upon the water user or the agent, the Director may shut off the water from the premises and in~'aediately notify the customer. (b) It shall be unlawful for any person to fail or refuse to comply with the order provided in this section. Sec. 23-70. Disconnections; maintenance of corporation stop, curb stop, curb box, and meters. (a) In case any owner of premises on which water is used shall cease to use water, and desires to disconnect his premises, he shall not be permitted to remove the corporation stop, curb stop, curd box, or meter and appurtenances, except by order of the Director. Corporation stops, curb stops, and curb boxes are the property of the Aspen water utility and shall be removed only by order of the Director. (b) The owner of property serviced shall be responsible for the repair and maintenance of the service line, curb stop and curb box, and is further responsible for insuring that none of the above become inaccessible Dy reason of landscaping, foliage or construction of improvements on the premises. (c) In such event a meter is damaged, or concealed or otherwise made inaccessible for reading, the Director shall direct that the water user be billed the flat rate for his water service until such time as the meter is again made operable or accessible by the owner. Sec. 23-71. Employee housing projects outside the limits of the City of Aspen. Whenever the City Council shall have determined that a housing project constitutes a bona fide moderate income employee housing development and wishes to subsidize its construction, the utility connection charge shall be the minimum rate set forth in Section 23-58(c). Applicants for such reductions must demonstrate that, if granted, the reduction will be passed on to purchasers or tenants. Secs. 23-72 23-100. Reserved. 12 FORM 50 C. F, HOE :KEL B. B. & L, CO. RECORD OF PROCEEDINGS 100 Leaves Section 2 If any section, subsection, sentence, clause, phrase, or por- tion of this ordinance is for any reason held invalid or unconsti- tutionai by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3 / A public hearing on the ordinance shall be held on the c~ ~~ , 1981, in the City day' of Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED~ READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on ~~ /~ 1981. ATTEST: Kat City Clerk opted, ATTEST: / passed and approved on the ~/ · 1981. Herraan Edel Mayor day of 13 WESTERN AREA ~% District 4 of the Water Management Plan shall comprise all that area lying' within the following described boundary: Commencing at the point of intersection of the .thread of the Roaring Fork River with the thread of the Castle Creek; thence Northerly and Westerly along said thread of the Roaring Fork River to an intersection with the thread of Maroon ~Creek; thence Southerly along the thread of Maroon Creek to an intersection with the center line of Colorado State Highway 82 right-of-way; thence Easterly and Southerly along said Highway 82 center line to an intersection with the center line of the right-of-way for-Maroon Creek Road; thence Southerly along said center line for Maroon Creek Road to an intersection with the center line of Castle Creek Road right-of-way; thence Southerly and Easterly along said Castle Creek Road centerl~ne to an intersection with the South boundary of the Marolt annexation prolonged Westerly (the bearing of said boundary being N 68° 35'E, 280.15 feet); thence along said boundary and prolongation to an intersection with the thread of Castle Creek; thence Northerly along the thread of Castle Creek to the point of beginning. HIGHLANDS AREA District 5 of the Water Management Plan shall comprise all that area lying Southerly, Easterly, and Westerly of the following described boundary: Commencing at the point of intersection between Maroon Creek Road right-of-way center line with the thread of Maroon Creek (first bridge); thence Northerly along the thread of Maroon Creek to an intersection with the Colorado State Highway 82 right-of-way center line; thence Easterly and Southerly along said Highway 82 center line to an inter- section with the center line of the right-of-way for Maroon Creek Road; thence Southerly along said center line for Maroon Creek Road to an intersection with the centerline of~Cast!e Creek Road right~f- way; thence Southerly and Easterly along said Castle Creek Road center- line to an intersection with the Southerly boundary of the Northwest quarter of Section 13, Township 10 South, Range 85 West, of the 6th principal meridan the point of termination of this boundary. FAR WESTERN AREA DistriCt 6 of the Water Management Plan shall comprise all Ghat area lying Westerly and Southerly of the following described boundary: Commencing at the point of intersection between Maroon Creek Road right-of-way centerline with the thread of Maroon Creek; thence Northerly along the thread of Maroon Creek to an intersection with the thread of the Roaring Fork River; thence Westerly along said thread of the Roaring Fork River to the Westerly 'boundary-of SectiOn 27, Township 9 South, Range 85 West, of the 6th principal meridan the point of termination of this boundary. cITY OF ASPEN WATER~ANAGEM~NT-PLAN BOUNDARY DESCRIPTIONS ~F'.SERVICE'~A~As CENTRAL AREA District 1 of the Water Management Plan shall comprise all the area lying within the following described boundary: Commencing at the intersection of the thread of the Roaring Fork River with the center line of the Mill Street right-of-way, in the City of Aspen, Colorado; thence southerly and easterly along the thread of the Roaring Fork River to an intersection with Line 10-11, Tract "B" (41) Aspen Townsite 10 South, Range 84 West, 6th principal meridan, said point being coincident with the Northeasterly corner of the City of Aspen property known as Ute Childrens Park; thence southerly along said line and Easterly boundary of said property to an intersection with Ute Avenue center line; thence Northwesterly along said center line to an intersection with a line produced Easterly, said line being'the Southerly boundary of Lot 5.Hoag subdivision as recorded in the office of the Pitkin County Clerk and recorder in Book 4 at Page 218 , said interesection being also the Southerly boU~ of the south .annexation to the City of Aspen; thence Westerly along said~Southerly boundary, to the southwesterlY c6rner thereof; thence Westerly along a line connecting said Southwesterly Corner with corner 1, Of the short line. M.S. 4610 (being located on the Southerly boundary of the Marolt annexation) to an intersection with the thread of the Castle Creek; thence Northerly along the thread of Castle Creek to an inter- section with the thread of the Roaring Fork River; thence Easterly along the thread of the Roaring Fork River to the point of beginning. EAST~.RN A.REA _~ ..... ' .... District 2 of the. Water Management Plan shall .comprise all that area lying Easterly and Northerly of.the following described boundary: Commencing at a point on the thread of Hunter Creek with the East boundary of Section 5, Township 10 South, Range 84 West of the 6th principal meridan; thence Southerly along the thread of Hunter Creek to an intersection with the thread of the Roaring Fork River; thence- Southerly and'Easterly along the thread of the Roa~ing Fork River to an intersection with Line 10-11, tract "B" (41) Aspen Townsite addition, Section 18, T~wnship 10 South, Range 84 West, 6th principal meridan, said point being coincident with the Northeasterly corner of'~the City of Aspen property known as Ute Childrens Park; thence SoUtherly along said line and Easterly boundary of said property to an intersection with Ute Avenue Center line; thence Southeasterly along said center line and projection along the base of the hills to an inter~ection with Southerly boundary of Section 33, Township 10 South, Range 84 West, of the 6th principal meridan. NORTHERN AREA District 3 of the Water Management Plan shall comprise all that area lying Northerly and Westerl~ of the following described boundary: Commencing at a point on the thread of Hunt'er Creek with the East boundary of Section 5, Township 10 South, Range 84 West of the 6th principal meridan; thence Southerly along ~he thread of Hunter Creek to an intersection with the thread of the Roaring Fork River; thence Westerly and Northerly along the thread of the Roaring Fork River to an intersection with the center line of County Road No. 19; thence Northerly to the Northwesterly corner of Section 1, Township 10 South, Range 85 Wes~ Of the 6th principal meridan the point of termination of this boundary. RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) C_~ERTIF ~CAT~ I, Kathryn S. Koch, City Clerk of Aspen, Colorado· do hereby certify that the above and foregoing ordinance was introduced, read~'%in ful%, and passed on~~t reading at a regular meeting of the City he City of Aspen on ~/~ , 19 ~/ ~_~, and published in the Aspen Times a weekly newspaper of general circul- ation, published~in the City of Aspen· Colorado, in its issue of ~. /3 __, 19.F~,_ and was finally adopted and approved at a regular meeting of the City Council on ~--~_~__, i~/, and ordered published as Ordinance No. _~ , Series of 19~,__ of said City, as provided by law. IN W ITN.~,SS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen,- day of ~ ~ Colorado, this · 19__. SEAL