HomeMy WebLinkAboutordinance.council.027-17 ORDINANCE NO. 27
Series 2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING AND ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN--UTILITIES 1.2,3—SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.12
UTILITY CONNECTIONS, 25.16 WATER RATES AND CHARGES, AND 25.28 WATER
SHORTAGES.
WHEREAS,the City owns and operates a public electric and water system; and
WHEREAS, the City Council has adopted a policy of requiring all users of the electric
and water system operated by the City of Aspen to pay fees that fairly approximate the costs of
providing such services; and
WHEREAS, the City Council supports electric and water rate structures that place a
value on,and incentive for, conservation and efficiency programs, policies, and improvements.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1.
That Title 25 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth Utilities'", is hereby amended, and added to, to read as follows:
CHAPTER 25.04
ELECTRICITY
Sec.25.04.035. Electric Community Investment Fee
The Electric Department must expand the electric system facilities to accommodate new
development without decreasing current reliability and service standards. The Electric
Department distributes electricity to the customers in its service area by means of an integrated
and interdependent system-wide network of electric facilities. The Electric Community
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Investment (ECI) fee will be charged to any customer requesting services for new development
and expansion of existing services within the service area. The ECI will provide additional
capital to the Electric Department to pay for a portion of the new facilities needed to deliver
electric services to new or expanded services. Effective January 1, 2018, all residential,
commercial and city facilities customers of the Aspen Electric Department shall pay the ECI fee
as follows:
ECI Residential ECI Commercial
Panel Amps 1 Phase 120/240V 1 Phase 120/240V 3 Phase, 120/208V 3 Phase, 277/480V
100 $ 1,079 $ 2,876 $ 3,234 $ 7,463
200 $ 2,157 $ 5,752 $ 6,468 $ 12,439
300 $ 4,314 $ 8,628 $ • 9,702 $ 22,390
400 $ 5,752 $ 11,504 $ 12,937 $ 29,854
600 $ 8,628 $ 17,257 $ 19,405 $ 44,781
800 $ 11,504 $ 23,009 $ 25,873 $ 59,708
1000 $ 14,380 $ 28,761 $ 32,342 $ 74,634
1200 $ 17,257 $ 34,S13 $ 38,810 $ 89,561
1400 $ 20,133 $ 40,265 $ 45,278 $ 104,488
1600 and above $ 22,028 1 $ 44,0571 $ 49,542 1 $ 114,327
Sec. 25.04.036. Waivers and exemptions from electric community investment charges for
certain employee housing projects.
(a) Purpose. The purpose of this section is to identify those affordable housing projects that may
be eligible for exemption from and waivers of the electric community investment charges when
connecting to the City of Aspen's electric system. There are three types of affordable housing
projects that are eligible for exemptions or waivers: (i) projects that are determined to be
Qualified Employee Housing as defined herein; (ii) affordable housing projects that are eligible
to receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code; and
(iii) projects that consist of a mix of affordable housing units subject to the Aspen/Pitkin County
Housing Authority Guidelines, as may be amended from time to time; and, unrestricted (free
market) units. To be eligible for an exemption or waiver pursuant to this section of the Municipal
Code, a project shall have installed in all units properly maintained and continuously operable
electric efficiency/conservation devices and practices as designated from time to time by the City
Council by ordinance, resolution, or by regulations issued by the City Manager or the Electric
Department.
(b) Definitions. As used in this Code, unless the context requires otherwise, the following terms
shall be defined as follows:
(i) Qualified Employee Housing shall be defined as publicly or privately constructed and
owned projects which:
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• are not constructed for mitigation purposes or which receive any form of
Affordable Housing Credits such as those set forth at Chapter 26.540 of the
Municipal Code; and
• are composed of one hundred percent (100%) employee housing units; and,
• are deed restricted to ensure that all units are subject to, and administered by,
Aspen/Pitkin County Housing Authority Guidelines, as may be amended from
time to time; and,
• are maintained as qualified employee housing.
(ii) The Fee Waiver Schedule refers to the following schedule of the percent of the utility
investment charges that may be waived based upon the category of the units within the
affordable housing project.
Housing Categories as referenced in the Aspen/Pitkin
County Housing Authority Guidelines, as may be amended
from time to time. Fee Waiver Level
Category 1 100% Waiver
Category 2 70% Waiver
Category 3 40% Waiver
Category 4 0% Waiver
Category 5 0% Waiver
Category 6 0% Waiver
Category 7 0% Waiver
Resident Occupied 0%Waiver
Free Market Units 0% Waiver
(iii)Affordable and Free Market Mix shall be defined as a project that:
• consist of a mix of both deed restricted housing to ensure that all units are
subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be
amended from time to time and unrestricted housing(free market) units; and,
• were not constructed for mitigation purposes.
(c) Qualified Employee Housing. Qualified Employee housing shall be exempt from any electric
community investment charges when connection is made to the City of Aspen's electric system.
(d) Projects Receiving Affordable Housing Credits. Projects that receive Affordable Housing
Credits pursuant to Chapter 26.540 of the Municipal Code are eligible for a waiver of the
percentage of the total electric community investment charge as set forth in the Fee Waiver
Schedule.
(e) Affordable and Free Market Mix. Projects that are determined to be Affordable and Free
Market Mix of units, and where no mitigation is required for these units or there is no association
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with free market development, are eligible for a waiver of the percentage of the total electric
community investment charge as set forth in the Fee Waiver Schedule.
(f) Revocation of Exemptions and Waivers. In the event that Qualified Employee Housing units,
projects receiving Affordable Housing Credits, or projects that are considered Affordable and
Free Market Mix projects, receive an exemption or a waiver in accordance with this section, and
thereafter fail to continue being affordable housing units as contemplated herein; or, the electric
efficiency/conservation devices and practices are not be installed as required, are not properly
maintained or continuously operable, the developer of such units and the owners thereof shall be
jointly and severally liable to reimburse the City for the cost of the electric community
investment charges exempted by this Section. The City Manager shall establish a method of
accomplishing this payment so as not to be unduly burdensome on the developer or owners.
(g) Electric Community Investment Charge Waiver - Single Occurrence. Electric community
investment charge waivers for employee housing exemptions are a one-time occurrence at the
time of project completion. Additions, remodels, and, or changes that occur after original project
completion will not receive an electric community investment charge waiver, however a credit
for the AMPS assigned to the specific employee housing unit will be allowed against additional
fees due to these improvements.
Sec. 25.04.040. Electric service rates.
(a) Effective January 1, 2018, all residential, commercial and city facilities customers of the
Aspen Electric Department shall pay a monthly customer availability charge as follows:
City
Residential Commercial Facility
AMP Size Customer Customer Customer
100 AMP $8.85 $9.29 $9.29
200 AMP $17.68 $18.59 $18.59
300 AMP $33.19 $34.84 $34.84
400 AMP 1 $44.24 $46.45 $46.45
600 AMP $66.35 $69.69 $69.69
800 AMP $88.47 $92.89 $92.89
1000 AMP $110.59 $116.11 $116.11
1200 AMP $132.71 $139.33 $139.33
1600 AMP $177.75 $186.64 $186.64
1800 AMP $199.63 $209.60 $209.60
2000 AMP $221.50 $232.58 $232.58
(b) In addition to the monthly customer availability charge, and effective January 1, 2018, the
residential customer shall pay the sum of the metered use of electric energy measured in
kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows:
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Additional Additional Remainin
Usage Usage Up Per Usage Up Per g Usage
AMP Size Up To Per KWh To KWh To KWh Over Per KWh
100 AMP 400 $0.0801 1,080 $0.1201 1,920 $0.1802 1,920 $0.3154
200 AMP 520 $0.0801 1,360 $0.1201 2,800 $0.1802 2,800 $0.3154
300 AMP 1,600 $0.0801 3,600 $0.1201 6,160 $0.1802 6,160 $0.3154
400 AMP 1,600 1 $0.0801 3,600 $0.1201 6,160 $0.1802 6,160 $0.3154
600 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154
800 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154
1000 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154
1200 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154
1600 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154
1800 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154
2000 AMP 1800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154
(c) In addition to the monthly customer availability charge, and effective January 1, 2018, the
small commercial customer shall pay the sum of the metered use of electric energy measured in
kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows:
Additional Additional Remaining
Usage Usage Up Per Usage Up Per Usage
AMP Size Up To Per KWh To KWh To KWh Over Per KWh
100 AMP 880 $0.0938 2320 $0.1173 4800 $0.1760 4800 $0.2816
200 AMP 1280 $0.0938 3120 $0.1173 5760 $0.1760 5760 $0.2816
300 AMP 3360 $0.0938 7120 $0.1173 12240 $0.1760 12240 $0.2816
400 AMP 3360 $0.0938 7120 $0.1173 1 12240 $0.1760 12240 $0.2816
600 AMP 6560 $0.0938 13200 $0.1173 18400 $0.1760 18400 $0.2816
800 AMP 1 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 1 $0.2816
1000 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816
1200 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816
1600 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816
1800 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816
2000 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816
(d) In addition to the monthly customer availability charge, and effective January 1, 2018, the
large commercial customer (with operable demand metering systems in place and measured
usage of forty (40) kW and greater) shall pay the sum of the metered use of electric energy
measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle
multiplied by the appropriate service rate as follows, plus a demand charge per kW of metered
customer peak usage for that meter reading cycle:
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Demand
Remaining Charge on
Usage Up Usage Customer
AMP Size To Per KWh Over Per KWh Peak kW
100 AMP 23200 $0.0809 23200 $0.1011 $12.36
200 AMP 23200 $0.0809 23200 $0.1011 $12.36
300 AMP 23200 $0.0809 23200 $0.1011 $12.36
400 AMP 23200 $0.0809 23200 $0.1011 $12.36
600 AMP 23200 $0.0809 23200 $0.1011 $12.36
800 AMP 23200 $0.0809 23200 1 $0.1011 $12.36
1000 AMP 23200 $0.0809 23200 $0.1011 $12.36
1200 AMP 23200 $0.0809 23200 $0.1011 $12.36
1600 AMP 23200 $0.0809 23200 $0.1011 $12.36
1800 AMP 23200 $0.0809 23200 $0.1011 $12.36
2000 AMP 23200 $0.0809 23200 $0.1011 $12.36
(e) In addition to the monthly customer availability charge, and effective January 1, 2018, the
small city facilities customer shall pay the sum of the metered use of electric energy measured in
kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows:
Usage
AMP Size Over Per KWh
100 AMP 0 $0.1082
200 AMP 0 $0.1082
300 AMP 0 $0.1082
400 AMP 0 $0.1082
600 AMP 0 $0.1082
800 AMP 0 $0.1082
1000 AMP 0 $0.1082
1200 AMP 0 $0.1082
1600 AMP 0 $0.1082
1800 AMP 0 $0.1082
2000 AMP 0 $0.1082
(f) In addition to the monthly customer availability charge, and effective January 1, 2018, the
large city facilities customer (with operable demand metering systems in place and measured
usage of forty (40) kW and greater) shall pay the sum of the metered use of electric energy
measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle
multiplied by the appropriate service rate as follows, plus a demand charge per kW of metered
peak usage for that meter reading cycle:
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Demand
Usage Charge on
AMP Size Over Per KWh Peak kW
100 AMP 0 $0.0764 $12.36
200 AMP 0 $0.0764 $12.36
300 AMP 0 $0.0764 $12.36
400 AMP 0 $0.0764 $12.36
600 AMP 0 $0.0764 $12.36
800 AMP 1 0 $0.0764 $12.36
1000 AMP 0 $0.0764 $12.36
1200 AMP 0 $0.0764 $12.36
1600 AMP 0 $0.0764 $12.36
1800 AMP 0 $0.0764 $12.36
2000 AMP 0 $0.0764 $12.36
(Code 1971, § 23-18.1; Ord. No. 42-1984, § l; Ord. No. 76-1992, § 1; Ord. No. 36-1996, § 1;
Ord. No. 41-2004, §1; Ord. No. 7-2006, § 1; Ord. No. 37-2008; Ord. No 29-2011; Ord. No. 36-
2011: Ord. No. 37-2014, §1; Ord. No. 44-2015)
Chapter 25.12
UTILITY CONNECTIONS
Sec. 25.12.015. Raw water supplies (non-potable).
This section is applicable to all connections to the City of Aspen Water Utility potable water
system. Raw water supplies for irrigation systems shall be provided exclusively by the City of
Aspen Water Utility. The owner of the property proposed to be irrigated from City of Aspen
water facilities shall dedicate the city all raw water transmission facilities and all water rights
appurtenant to the proposed property. For those developments in which raw water irrigation can
be used, development proposals shall include provisions for recording of covenants and
restrictions against the use of treated water outdoors and against the use of untreated water other
than in accordance with the landscaping, irrigation, and drainage management plan provided for
in a development proposal.
Chapter 25.16
WATER RATES AND CHARGES
Sec. 25.16.010. Monthly rates for metered water service.
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All metered water accounts except temporary construction, grandfathered-in, and pre-tap
customer accounts shall pay on a monthly basis the sum of charges one (1) through four (4) that
follow:
(1) Effective January 1, 2018 all metered accounts shall pay a monthly demand charge per ECU
as follows:
Billing Area Billing Factor (Included) Per ECU Rate
1 1.00 $5.93
2 2.00 $11.86
3 2.00 $11.86
4 1.25 $7.41
5 1.75 $10.37
6 2.00 $11.86
7 1.50 $8.89
(2) Effective January 1, 2018 all metered accounts shall pay a monthly variable charge per ECU
as follows:
Additional Additional
Usage Per 1,000 Usage Per Per 1,000 Usage Per Per 1,000 Remaining Per 1,000
Per ECU Gallons ECU Up Gallons ECU Up Gallons Usage Per Gallons
Up To Rate To Rate To Rate ECU Over Rate
4,000 $2.58 12,000 $3.31 16,000 $4.74 16,000 $7.11
(3) Effective January 1, 2018 all metered accounts within service area pumped zones shall pay a
monthly pumping charge per 1,000 gallons as follows:
# of Pumps Rate Per 1,000 Gallons Pumped
1 $1.86
2 $3.72
3 $5.58
(4) Effective January 1, 2018 all metered accounts shall pay a monthly fire protection charge per
ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 - $2.09 s
2 2.00 $4.18
3 2.00 $4.18
4 1.25 $2.61
5 1.75 $3.66
6 2.00 $4.18
7 1.50 $3.14
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(Code 1971, § 23-101; Ord. No. 27-1985, § 1; Ord. No.48-1986, § 1[A]; Ord. No. 51-1987, § 1;
Ord. No. I8-1988, § 1; Ord. No. 34-1988, § I; Ord. No. 19-1990, § 2; Ord. No. 39-1993, § 6;
Ord. No.45-1999, § 16; Ord. No. 41-2004, §2 [part]; Ord. No. 7-2006, §2; Ord. No. 35-2011§2;
Ord.No. 30-2012 §20; Ord. No 38-2014§1; Ord.No 45-2015§1)
Sec.25.16.011.Bulk rates for metered water service.
(a) Effective January 1, 2018, the bulk water sales rate and two-tier structure for Buttermilk
Metro District will be:
Monthly Block Tiers in Per Rate Per 1,000
1,000 Gallons Gallons
First 2,940 gallons $4.00
Over 2,940 gallons $9.37
(Ord.No.45-2015)
Sec. 25.16.012. Raw water rates for general raw water accounts.
(a) Effective January 1, 2016, the demand charge for the filler hydrant bulk water sales pursuant
to Subsection 25.08.020(c) shall be twenty dollars ($20.00)per use.
(b) Effective January 1, 2013, the variable charge for filler hydrant raw water bulk water sales
pursuant to Subsection 25.08.020(e) shall be equivalent to fourth tier of monthly rate for metered
water service set forth in Sec. 25.16.010 (5).
(c) The raw water rates for non-pressurized raw water irrigation accounts for unmetered service
on a per thousand (1,000) irrigated square foot basis to be billed prospectively on an annual basis
at the start of each irrigation season are as follows:
(d) Effective January 1, 2018 the non-pressurized raw water rate per irrigation season is as
follows:
Non-Pressurized Raw Water 2018 Rate
Per 1,000 Sq. Ft. 1 $14.52
(e) Carriage rates for raw water (refer to "Definitions" section), shall be the same as set forward
in Paragraph (d) above except where a valid contract for conveyance of the customer's own
water rights provides for a different rate.
(f) It shall be unlawful for any person to pump or convey water from the raw water ditches
without a valid raw water license agreement. Any persons doing so will be subject to a penalty of
$500 for the first offense, $1,000 for the second offense and $1,500 for each additional offense.
(Ord.No. 41-2004, §5; Ord. No. 35-2011, §3;-Ord. No. 30-2012 §23; Ord.No. 45-2015)
Sec. 25.16.013. Raw water rates for Thomas Raw Water and other pressurized non-potable
line accounts.
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(a) Raw water rates for accounts using the Thomas Raw Water line or any other pressurized,
non- potable water line accounts (including reclaimed water) shall be set in accordance with
methods established for cost recover recommendations by the American Water Works
Association.
(b) Where specific rates are established by a valid contract for raw water service and such rates
result in a lower cost of service than that provided in Subsection 25.16.012(a), the contractual
rate will prevail.
(c) All water use from the system requires the installation of an operable water meter. Such uses
in place prior to 2009 shall install an operable water meter no later than January 20, 2009.
(d) Provisions for billing are as follows:
All pressurized raw water accounts shall have a working meter at the beginning of each irrigation
season, no later than April 15th.
(i) Effective January 1, 2018 metered rates for pressurized raw water accounts for
seasonal delivery of non-potable water is as follows:
Metered Pressurized Raw Water — Billing to 2018 Rate
Occur Monthly—May through October
Per 1,000 Gallons. $1.68
(ii) If the raw water meter required in paragraph (c) above ceases to function properly
during the irrigation season, a seasonal bulk water delivery rate has been established as the basis
for billing the non-potable pressurized water delivery. Effective January 1, 2018 the unmetered,
pressurized raw water rate for seasonal delivery of non- potable water is as follows:
Unmetered Pressurized Raw Water — Billing 2018 Rate
to Occur Monthly—May through October
Seasonal Rate Per 1,000 Sq. Ft. $59.29
Monthly Rate Per 1,000 Sq. Ft. — Based on 6-
Month Irrigation Season $9.88
(e) Carriage rates for raw water, (see "Definitions" section), shall be the same as those in
Paragraph (d) (i) except where a valid contract provides for alternate method and procedures for
billing.
(f) It shall be unlawful for any person to pump or convey water from the raw water ditches
without a valid raw water license agreement. Any persons doing so will be subject to a penalty of
$500 for the first offense, $1,000 for the second offense and $1,500 for each additional offense.
(Ord. No. 41-2004, §5; Ord. No. 30-2012 §23; Ord. No. 38-2014§3)
(e) Carriage rates for raw water, (see "Definitions" section), shall be the same as those in
Paragraph (d) (i) except where a valid contract provides for alternate method and procedures for
billing.
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(f) It shall be unlawful for any person to pump or convey water from the raw water ditches
without a valid raw water license agreement. Any persons doing so will be subject to a penalty of
$500 for the first offense, $1,000 for the second offense and $1,500 for each additional offense.
(Ord. No. 41-2004, §5; Ord.No. 30-2012 §23; Ord. No. 38-2014§3; Ord.No. 45-2015)
Sec. 25.16.014. Monthly rates for temporary construction water service.
All temporary construction water accounts shall pay monthly the sum of charges one(1) and two
(2)•
(1) Effective January 1, 2018 all temporary construction accounts shall pay a monthly demand
charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $5.93
2 2.00 $11.86
3 2.00 $11.86
4 1.25 $7.41
5 1.75 $10.37
6 2.00 $11.86
7 1.50 $8.89
(2) Effective January 1, 2018 all temporary construction accounts shall pay a monthly fine
protection charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $2.09
2 2.00 $4.18
3 2.00 $4.18
4 1.25 $2.61
5 1.75 $3.66
6 2.00 $4.18
7 1.50 $3.14
(Ord. No. 35-2011§4; Ord.No. 30-2012 §24; Ord. No. 38-2014§4; Ord.No. 45-2015)
Sec.25.16.015. Monthly rates for grandfathered-in water service
All grandfathered-in water accounts shall pay monthly the sum of charges one(1)and two (2).
(1) Effective January 1, 2018 all grandfathered-in accounts shall pay a monthly demand charge
per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $5.93
2 2.00 $11.86
3 2.00 $11.86
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4 1.25 $7.41
5 1.75 $10.37
6 2.00 $11.86
7 1.50 $8.89
(2) Effective January 1, 2018 all grandfathered-in accounts shall pay a monthly fire protection
charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $2.09
2 2.00 $4.18
3 2.00 $4.18
4 1.25 $2.61
5 1.75 $3.66
6 2.00 $4.18
7 1.50 $3.14
(Ord. No. 35-2011 §5; Ord. No. 30-2012 §26; Ord. No. 38-2014§5; Ord. No. 45-2015)
Sec. 25.16.016. Monthly rates for pre-tap water service.
All pre-tap water accounts shall pay the sum of charges one (1) and two (2).
(1) Effective January I, 2018 all pre-tap accounts shall pay a monthly demand charge per ECU
as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $5.93
2 2.00 $11.86
3 2.00 $11.86
4 1.25 $7.41
5 1.75 $10.37
6 2.00 $11.86
7 1.50 $8.89
(2) Effective January 1, 2018 all pre-tap accounts shall pay a monthly fire protection charge per
ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $2.09
2 2.00 $4.18
3 2.00 $4.18
4 1.25 $2.61
5 1.75 $3.66
6 2.00 $4.18
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7 1.50 $3.14
(Ord.No. 35-2011§6; Ord.No. 30-2012 §26; Ord. No. 38-2014§6; Ord.No. 45-2015)
Sec.25.16.020.Monthly rates for unmetered water service.
All unmetered water accounts shall pay the sum of charges one(1)and two (2).
(1) Effective January 1, 2018 all unmetered water service accounts shall pay a monthly demand
charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $105.03
2 2.00 $210.06
3 2.00 $210.06
4 1.25 $131.29
5 1.75 $183.80
6 2.00 $210.06
7 1.50 $157.55
(2) Effective January 1, 2018 all unmetered water service accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing_Area Billing_ Factor(Included) Per ECU Rate
1 1.00 $2.09
2 2.00 $4.18
3 2.00 $4.18
4 1.25 $2.61
5 1.75 $3.66
6 2.00 $4.18
7 1.50 $3.14
(Ord. No. 35-2011§6; Ord.No. 30-2012 §27; Ord. No. 38-2014§7; Ord.No. 45-2015)
Sec.25.16.021 Senior Water Rates.
(a)Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual
water rates set forth in Sections 25.16.010 and 25.16.020.
(b) Qualified senior citizen shall be defined by the Pitkin County Social Services Department in
consultation with the Pitkin County Senior Services Council.
(c) The Utilities Director shall first coordinate with Pitkin County Social Services Department
and the Pitkin County Senior Services Council as necessary to ensure that qualified senior
citizens are made aware of their eligibility for this program and application procedure is
conducive to their participation.
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(d) A metered residences owned or leased by qualified seniors shall pay on a monthly basis the
sum of charges one (1)through four(4)that follow:
(1) Effective January 1, 2018 all senior metered accounts shall pay a monthly demand
charge per ECU as follows:
Billing Area Billing Factor (Included) Percentage of Per ECU Rate
Regular
Metered
Demand
1 1.00 90% $5.34
2 2.00 90% $10.67
3 2.00 90% $10.67
4 1.25 90% $6.67
5 1.75 90% $9.34
6 2.00 90% $10.67
7 1.50 90% $8.00
(2) Effective January 1, 2018 all senior metered accounts shall pay a monthly variable
charge per ECU as follows:
Additional Additional
Usage Per 1,000 Usage Per Per 1,000 Usage Per Per 1,000 Remaining Per 1,000
Per ECU Gallons ECU Up Gallons ECU Up Gallons Usage Per Gallons
Up To Rate To Rate To Rate ECU Over Rate
4,000 $2.58 12,000 $3.31 16,000 $4.74 16,000 $7.11
(3) Effective January 1, 2018 all senior metered accounts within service area pumped
zones shall pay a monthly pumping charge per 1.000 gallons as follows:
# of Pumps Rate Per 1,000 Gallons Pumped
I $1.86
2 $3.72
3 $5.58
(4) Effective January 1, 2018 all senior metered accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area Billing Factor(Included) Percentage of Per ECU
Regular Metered Rate
Demand
1 1.00 90% $1.88
2 2.00 90% $3.76
3 2.00 90% $3.76
4 1.25 900/0 $2.35
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5 1.75 90% $3.29
6 2.00 90% $3.76
7 1.50 90% $2.82
(e) An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly
basis the sum of charges one (1)through four(2)that follow:
(1) Effective January 1, 2018 all senior unmetered accounts shall pay a monthly demand
charge per ECU as follows:
Billing Area Billing Factor(Included) Percentage of Per ECU Rate
Regular
Unmetered
Demand
1 1.00 30% $31.51
2 2.00 30% $63.02
3 2.00 30% $63.02
4 1.25 30% $39.39
5 1.75 30% $55.14
6 2.00 30% $63.02
7 1.50 30% $47.26
(2) Effective January 1, 2018 all senior unmetered accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area Billing Factor(Included) Percentage of Per ECU
Regular Rate.
Unmetered
Demand
1 1.00 30% $0.63
2 2.00 30% $1.25
3 2.00 30% $1.25
4 1.25 30% $0.78
5 1.75 30% $1.10
6 2.00 30% $1.25
7 1.50 30% $0.94
(Code 1971, § 23- 102; Ord. No. 27-1985, § 1; Ord. No. 48-1986, § I(A) (B); Ord. No. 51-1987,
§2;-Ord. No. 1- 1988, §Ord. No. 8-1990, § 2; Ord. 39-1993, §7; Ord. No. 35-2011§8; Ord. No.
30-2012§28; Ord.No. 38-2014§8; Ord.No. 2015).
Editor's note-Ord. No. 1-1988, § 1, adopted Jan. 25, 1988 amended former § 23-102 by
amending previously uncodified Subsection (d) and at the discretion of the editor these
provisions have been included herein and revised slightly in order to delete references to "out-
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of-the-City service charge" and "location of resident," inasmuch as former § 23-101 does not
discern between in-City and out-of-City residence location.
Chapter 25.28
WATER SHORTAGES
Sec. 25.28.010. Applicability.
(a) This Chapter shall become effective upon a finding by the City Council that the City is facing
a shortage in its supply of water. Such a finding shall be made by resolution. To the extent
reasonable, findings of applicability of the stages set forth in this Chapter shall be coordinated
with similar findings by other water users in the same drainage basin. Findings by the State
engineer and the Water Conservation Board may also be considered.
(b) The provisions of this Chapter shall apply to the use of the treated water supply, pressurized
and non-pressurized raw water, and reuse water of the City to the extent any city/customer
agreements provide for curtailment of water use or suspension of water delivery during water
shortages or emergencies.
(c) When the resolution finding a water shortage is approved, the three-stage plan set forth in this
Chapter shall be implemented. The duration of each stage and the restrictions to be imposed shall
be decided by the City Council and included in the resolution finding the water shortage,
according to the exigencies of the particular situation in question. It shall be an additional
responsibility of the Utilities Director, under direction of the City Manager, to ensure that the
measures described for each implementation Stage are carried out and to provide sufficient
coordination between City departments. (Code 1971, § 23-200; Ord. No. 27-1985, § I; Ord.
No.18-2002 § 1 [part]
Sec. 25.28.015 Policy and priority.
When water shortages occur, restrictions on the use of water are imposed in order to assure an
adequate water supply for municipal water customers for all municipal purposes. However, the
restrictions during shortages recognize that certain uses must have priority, especially in cases of
extreme shortage. Therefore, during any declared shortage, the hierarchy of uses, and/or
purposes, in descending order, to assist in interpretation and implementation of these restrictions,
is: (1) water for necessary public health and safety; (2) protection of natural environment; (3)
potable water supply; (4) reclaimed water supply; (5) raw water pressurized; (5) raw water non-
pressurized; (6) hydroelectric power generation. Note that reuse/reclaimed water is not subject to
curtailment in any of the three Water Shortage stages. Ord No. 30-2015)
Sec. 25.28.020. Stages.
(a) Stage One. The objective of water use restrictions during this stage is a ten percent (10%)
reduction in treated water use; ten percent (10%) reduction in pressurized raw water use; and, ten
percent (10%) reduction in non-pressurized raw water use. Voluntary conservation is encouraged
during this condition. During the period designated Stage One, the City Council, by resolution,
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shall adopt one or more of the following additional measures which may be altered by resolution
of the City Council during a Stage One condition:
(1) There shall be potable water, pressurized raw water, and non-pressurized raw water
lawn watering only to the extent determined permissible by the City Council according to
the demands of the particular period in question. If no other specific schedule is adopted
by City Council, an odd-even schedule shall be in effect on a voluntary basis. An "odd-
even" schedule means that addresses ending in odd numbers and addresses ending in
even numbers will water on alternate days, with odd numbers only irrigating on odd-
numbered days and even numbers only irrigating on even-numbered days.
(2) Public education materials shall be provided to encourage efficient use of the
available water supply.
(3) Public facilities will be directed to implement water use restrictions by administrative
order, including: limiting irrigation of public parks and golf courses to an extent greater
than the target reduction in overall water use; reducing street washing to minimum level
necessary to comply with air quality standards and suspending fire hydrant flushing and
testing except when required for completion and acceptance of a newly constructed water
system.
(4) Upon declaration of Stage One water shortage, increases in water rates for tiers three
(3) and four (4), (Sections 25.16.010 and 25.16.020 and 25.16.021), shall be imposed as
mandated by the City of Aspen City Manager up to the maximum rates defined in Section
25.28.040.
(b) Stage Two. Prior to the expiration of Stage One, a period known as Stage Two shall be
designated by the City Council, if the Council deems the entry of such stage necessary. The
Council may continue Stage One or terminate the water shortage period at its discretion, by
resolution. The objective of water conservation measures during Stage Two is a fifteen percent
(15%) reduction in treated water use; seventeen and one-half percent (17.5%) reduction in
pressurized raw water use; and, twenty percent (20%) reduction in non-pressurized raw water
use; and, zero percent (0%) reduction in reuse water use. Upon commencement of Stage Two,
the City Council, by resolution, shall adopt one or more of the following additional measures, as
well as any Stage One measures, which may be altered by resolution of the City Council during a
Stage Two condition:
(1) There shall be no washing of sidewalks, driveways, parking areas, tennis courts,
patios or other paved areas.
(2)There shall be no refilling of swimming pools with water furnished by the City.
(3) There shall be no noncommercial washing of privately owned cars, other motor
vehicles, trailers or boats, except from a bucket and except that a hose equipped with a
positive shut-off nozzle may be used for a quick rinse.
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(4)No new public or private landscaping installations shall be allowed with the exception
of that required as a minimum for erosion control of disturbed surfaces as determined by
the City.
(5) No new water connections shall be authorized; however, existing authorizations shall
be honored; provided, however, that this subsection (5) shall not apply to users on a well
whose well has run dry.
(6) Watering of golf courses and parks shall be managed to achieve the reduction in water
use based on type of specified water and delivery mechanism as set forth above.
(7) Water shall not be used for dust control, except pursuant to authorization from the
City or Pitkin County Environmental Health Department and only to the extent necessary
to comply with air quality standards.
(8) Except for fighting fire, there shall be no use of water from a fire or specially
designated loading hydrant for human consumption or for use in connection with
animals, street washing or construction water supply. Hydrant draft permits for any of the
above uses shall be suspended for the duration of the Stage Two or Three designation.
(9) Watering of any lawn, garden, landscaped area, tree, shrub or other plant shall be
prohibited from 9:00 a.m. to 5:00 p.m., except from a hand-held hose or container or drip
irrigation system. These limitations are in addition to any applicable limits from Stage
One (e.g., odd-even watering schedule). The allowable time limits for irrigation (both day
of week and time of day) may he modified by City Manager in accordance with the need
for water conservation.
(10) Flat rate water customer accounts shall be reviewed by City Manager and if metering
is possible but not established within 10 days of mailing of notice to the customer, a fifty
percent (50%) surcharge will be added. This surcharge shall be in addition to, and not in
lieu of, any other penalty available for violation of this ordinance.
(11) Upon declaration of Stage Two water shortage, increases in water rates for tier three
(3) and tier four(4), (Sections 25.16.010 and 25.16.020 and 25.16.021), shall be imposed
as mandated by the City of Aspen City Manager up to the maximum rates defined in
Section 25-28.040.
(c) Stage Three. Prior to the completion of Stage Two, the City Council shall determine by
resolution whether to: (1)terminate the water shortage period; (2)revert to Stage One; (3) extend
the time for Stage Two; (4) alter the use restrictions; or (5) enter Stage Three. If entered, Stage
Three shall last until the City Council determines by resolution that the water shortage no longer
exists. The City Council shall have the power to revert back to Stage One or Stage Two in its
discretion or alter the use conditions should circumstances during Stage Three change and
suggest such a course of action. The objective of restrictions in effect during Stage Three is to
obtain a twenty percent (20%) reduction in treated water use; twenty-five percent (25%)
reduction in pressurized raw water use; and, thirty percent (30%) reduction in non-pressurized
raw water use. Upon commencement of Stage Three, the City Council, by resolution, shall adopt
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one or more of the following additional measures, as well as any Stage One or Two measures,
which may be altered by resolution of the City Council during a Stage Three condition:
(1) Exterior watering shall be prohibited except from a hand-held hose or container.
(2) City Manager may authorize other specific measures to be implemented during Stage
Three to increase water use as necessary to protect the public health, safety and welfare.
(Code 1971, §23-201; Ord. No. 27-1985, § 1; Ord. No. 18-2002 § 3 [part])
(3) Upon declaration of Stage Three water shortage, increases in water rates for tier three
(3) and tier four(4), (Sections 25.16.010 and 25.16.020 and 25.16.021), shall be imposed
as mandated by the City of Aspen City Manager up to the maximum rates defined in
Section 25.28.040.
(4) No bulk water sales, i.e. filler hydrant draft permits, will be allowed during Stage
three water shortage. (Code 1971, § 23-201; Ord. No. 27-1985, § 1; Ord. No. 18-2002 §
3; Ord No. 15-2012; Ord No. 30-2015)
Sec. 25.28.030. Violations and sanctions.
(a) It shall be unlawful for any person to violate any mandatory restriction imposed under a Stage
Two or Three water shortage as described in this Chapter.
(b) Prior to any disconnection for a violation, a written notice shall be placed on the property
where the violation occurred and mailed to the person who is regularly billed for water service
where the violation occurs and to any other person known to the City who is responsible for the
violation or its correction. The notice shall describe the violation and order that it be corrected,
cured or abated immediately or within such specified time as the City Manager determines is
reasonable under the circumstances. If said order is not complied with, the Water Department
may disconnect the service where the violation occurs. Disconnection following the procedures
of this paragraph is also a possible sanction for other waste of water pursuant to the definitions
provided in Section 25.20.020 regardless of whether a Stage One, Two or Three water shortage
has been declared by City Council.
(c) The fine for a first offense of violation of the restrictions established pursuant to this
Ordinance shall be five hundred dollars ($500:00).
(d) The penalty for the second and any subsequent offense shall be in accordance with Section
1.04.080 of the Municipal Code.
(e) As set forth in Section 1.04.120 of the Municipal Code, the application of any penalty for
violations of this Chapter does not constitute the condoning or legalizing of any prohibited
condition or prevent the abatement or enforced removal of such condition by any lawful means
available to the City, nor does it preclude the City from pursuing disconnection of potable or
non-potable water supplies for violation of Stage Two water shortage or Three water shortage.
The penalties shall also be in addition to any water surcharges established pursuant to this
Chapter. (Code 1971, § 23-202; Ord. No. 27-1985, § 1; Ord. No. 18-2002 § 3 [part] Ord. No.30-
2015)
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See. 25.28.040. Monthly rates for water shortages.
Unless an alternative system of charges is adopted by City Council, the following temporary
rates will be in effect during the time that City Council declares a water shortage.
(1) Four-Tier Rate Structure:
(a) A variable charge for the first and second tier of water consumption shall remain the
same unless otherwise directed by the City of Aspen City Manager with a minimum of a
48-hour notification of the rate change via Public Notice on local radio and within daily
local newspaper publications.
(b) A variable charge not to exceed a maximum of 175% of the existing per thousand
gallons rate for tier three shall go into effect after a minimum of a 48-hour notification of
this rate change by City of Aspen City Manager via Public Notice on local radio and
within daily local newspaper publications.
(c) A variable charge not to exceed a maximum of 200% of existing per thousand gallons
rate for tier four shall go into effect after a minimum of a 48-hour notification of this rate
change by City of Aspen City Manager via Public Notice on local radio and within daily
local newspaper publications. (Ord. No. 18-2002 § 3 [part]) (2)Two-Tier Rate Structure:
(d) In a two-tier rate structure, as applicable to wholesale water sales, second tier shall be
subject to a 185% surcharge for a Stage One, Two and/or Three water shortage
declaration. (Ord. No. 18-2002 § 3 [part]; Ord. No. 15-2012; Ord.No. 30-2015).
Section 2.
Any and all existing ordinances or parts of ordinances of the City of Aspen covering the same
matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of
ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided,
however, that such repeal shall not affect or prevent the prosecution or punishment of any person
for any act done or committed in violation of any ordinance hereby repealed prior to the taking
effect of this Ordinance.
Section 3.
If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to
be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of
the remaining portions of this Ordinance. The City of Aspen hereby declares that it would have
adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses and phrases thereof be
declared invalid or unconstitutional.
Section 4.
This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof
as provided by law.
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Section 5.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinance repealed or amended
as herein provided,and the same shall be conducted and concluded under such prior ordinances.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED
AND PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13'h day
of November, 2017.
Attest:
Linda Manning, City Cle Steven Skadron, ayor
FINALLY,adopted, passed and approved this 27th day of November,2017.
Att t:
Linda Manning, City Cler c Steven Skadron, Layor
Approved as to form:
ames R. True, City Attorney
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