HomeMy WebLinkAboutordinance.council.065-75RECORD OF PROCEEDINGS
ORDINANCE NO. ~
(Series of 1975)
100 Leaves
AN ORDINANCE REPEALING SECTION 23-103 REENACTING THE SAME AS
A NEW SECTION 23-156 OF THE ASPEN MUNICIPAL CODE WHICH REENACT-
~NT MAKES CLEAR THAT ALL CHARGES PROVIDED FOR IN ARTICLE III
OF CHAPTER 23 COME WITHIN THE PROVISION THAT IT IS THE POINT
OF USE RATHER THAN CONNECTION THAT DETERMINES WHETHER THE
IN-CITY OR OUT-OF-CITY RATE OR CHARGE APPLIES
WHEREAS, the City council wishes to repeal Section
23-103 of the water systems code and reenact the provisions thereof
as Section 23-156 to eliminate any uncertainty that the point of
use (not connection) is to determine whether the service is in-
city of out-of-city for purposes of assessing tap charges, plant
investment fees, water rates, surcharges and any and all fees or
charges imposed pursuant to Article III of Chapter 23 of the Aspen
Municipal code,
BY THE CITY cOUNCIL OF
~ W ~
!.~0 , THEREFORE BE IT ORDAINED
THE CITY OF ASPEN, COLORADO:
Section 1
That Section 23-103 of the Aspen Municipal code be
and hereby is repealed.
S~ection 2 That the Municipal code of the City of Aspen, colorado,
is hereby amended by adding Section 23-156 which said section reads
as follows:
"23-156 Determination as to Whether Inside or
Outside of City
(a) Except as set forth in subsection (b) hereof,
the point of use of water shall be determinative
as to whether the inside city or outside city rate
or charge is applicable for purposes of assessing
tap charges, plant investment fees, water rates
or surcharges, and any and all fees and charges
imposed by virtue of this Article III of Chapter
23 of the Aspen Municipal code. If any use of
water through a tap or connection is made outisde
the city limits of the city of Aspen, all use
through such tap or connection shall be deemed
outside City for all such rate or charge purposes.
RECORD OF PROCEEDINGS
100 Leaves
(b) Without regard to whether their service
connection or use be outside the City of Aspen,
municipal, quasi-municipal, other governmental
agencies and school districts supported in
whole or in part by general property taxes
shall be deemed inside the City for purposes
of assessing tap charges, plant investment
fees, water rates or surcharges, and any and
all fees and charges imposed by virtue of this
Article III of Chapter 23."
Section 3
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such in-
validity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid pro-
visions or applications, and to this end the provisions or
applications of this ordinance are declared to be severable.
Section
the
4
A public hearing on this ordinance
day of ~ , 1975 at 5:00
1975.
ATTEST:
shall be held on
P.M. in the City
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, at its regular
meeting held
ATTEST.' STAC ST NDL Y II,, /
STATE OF COLOP,~ADO )
) ss
COUNTY OF PITKIN )
CERrlI ICArE
.I, Kathryn S. Hauter, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~
reading at a regular meeting of
City of Aspen on ~g%~'~
ed
the City Council of the
/~ , and publish-
197~,
in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of ~i~~ /~ , 197 ~ and was finally adopted
and approved at a regular meeting of the City Council on
~~g~~ ~ , 197 D--, and ordered publfshed as
Ordinance No. ~5~ , Series of 197 ~, of said City, as
provided by law.
IN WITNESS WHEREOF, I
the seal of said City of Aspen, Colorado,
have hereunto set my hand and
this ~
day of ~ ., 197 D
Kathryn S~/Ilauter, City Clerk