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HomeMy WebLinkAboutordinance.council.060-80 CITY OF ASPEN ORDINANCE NO. ~ SERIES OF 1980 AN ORDINANCE ENTITLED "WATER SERVICE RATES FOR THE SUPPLY OF MUNICIPAL WATER FOR SNOWMAKING PURPOSES", AMENDING ARTICLE III OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLO- RADO, BY ADDING A NEW DIVISION 5 THEREOF. WHEREAS, the supply of municipal water for snowmaking purposes is vital to the continued economic well-being of the City of Aspen, and its inhabitants; and WHEREAS, the Charter for the City of Aspen, Colorado requires that the City Council establish rates, by ordinance, for services provided by municipality-owned utilities; and WHEREAS, the Municipal Code of the City of Aspen, Colorado presently fails to establish appropriate rates for the supply of municipal water for snowmaking purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. SECTION 1. That a new Division 5 to Article III of Chapter 23 of the Municipal Code of the City of Aspen, Colorado, be enacted to read as follows: ARTICLE III 5: SUPPLY OF MUNICIPAL WATER FOR SNOWMAKING DIVISION PURPOSES. Sec. 23-160. Definition of snowmaking Snowmaking shall be defined as the conversion of water to artificial snow, through a permitted process, and its placement on permitted ski areas for the purpose of supplementing or aug-: menting natural precipitation. Snowmaking shall include the ancillary use of water for the irrigation of permitted ski areas for ski slope maintenance and protection. include the use of water for residential, or for commercial or industrial purposes Snowmaking shall not and municipal purposes, besides snowmaking. Sec. 23-161. Authorization of contracts for the supply of municipal water for snowmakin~ purposes. Municipal water may only be supplied for snowmaking purposes pursuant to a contract which is approved by the City Council and whose terms include, at a minimun, the fees, charges, and rates established in Sec. 23-162. Any such contract may include any additional terms or considerations which the City Council deems appropriate. Any such contract shall be binding upon the parties for the entire term thereof under the said Sec. 23-162 as in effect at the time the contract was made. Sec. 23-162. Water service rates for the supply of municipal water for snowmakin~ purposes. (a) Plant investment fee (PIF) and tap service charge. The PIF and tap service charge imposed by Secs. 23-57 and 23-59 shall not apply to the supply of municipal water for snowmaking purposes. The combined PIF and tap service charge for such water service shall be as set forth below: Tap Size (inches) PIF EQR Tap Service Charge 6 $50,000 60.1-100.0 $5,000 8 75,000 100.1-150.0 6,900 10 131,600 150.1-270.0 7,000 12 175,000 270.1-432.0 10,000 In the event a tap size is requested different than the set forth herein, the City Manager may establish PIF and sizes tap service charges appropriate for the requested tap size. The PIF and tap service charge set forth herein are based upon the provision of raw or treated water service, at the option of the City, with the requirement that all water utility service to domestic and commercial customers shall be satisfied first, and the provision of water services to snowmaking customers shall be on an interruptible basis as approved by the City Council in the individual contracts for snowmaking services. In the event that non-snowmaking service demands require a reduction in snowmaking service, all snowmaking customers shall have their service reduced on a first in time, first in right basis. Snowmaking customers having a contract of an earlier date shall be cut off or curtailed only after all snowmaking customers having contracts of a later date -2- have been cut off. (b) Water rates and charges. The water rates and charges imposed by Secs. 23-101 and 23-102 shall not apply to the supply of municipal water for snow- making purposes. The rate per 1000 gallons of municipal water supplied for snowmaking shall be computed as follows: (1) The sum of the "total operating expenses before depreciation" and the "depreciation" figures contained in the City of Aspen Audited Financial Statement for the Water Fund for the five years immediately preceding the year of use shall be divided by the sum of the Annual Total treated Water Consumption contained in the City of Aspen Water Department Annual Report for the five years immediately preceding the year of use, deriving the resultant rate which is expressed in terms of dollars and cents per 1000 gallons, which shall be mule±plied by the number of 1000 gallons increments delivered; provided, however, that if the City of Aspen changes its accounting methods, and such change results in an increased charge for the supply of municipal water for snowmaking purposes that would not have resulted but for such change of accounting methods, any snowmaking water user, at its sole option and expense, may recompute such charge under the accounting method in existence prior to such change. If the City Finance Director (or comparable officer) concurs in such recomputed charge, that rate shall be paid by the snowmaking water user. In the event concurrence is not obtained, the snowmaking water user, at its sole option and expense, may retain a qualified Certified Public Accountant, acceptable to the City Finance Director (or comparable officer) to make such recomputa- tions, which will then be binding upon the City and the snowmaking water user. (2) The rate so established shall be applied uniformly for the succeeding period April 16 through April 15 of the following year. The rate shall be annually redetermined -3- for each April 16 through April 15 period during the term of any contract for the supply of municipal water for snowmaking purposes. (3) The Council is authorized to charge for such additional costs as are necessary to fairly reflect the costs of supplying service. All such additional costs shall be reflected in the contract executed pursuant to Sec. 23-161. (c) All fees and rates provided for herein shall be for in-city snowmaking use only. Due to the areal extent of snow- making, in-city snowmaking shall be defined as snowmaking for which the point of connection to the City water system is located within the City boundaries. Fees and rates for out-of-city snow- making shall be double those fees and rates provided for in subsections (a) and (b) of this section. SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional 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 8th day of December , 1980, 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, Colorado, at its regular meeting held at the City of Aspen on November 24 , 1980. A?TES~~. Kathr~n SM Koch City CleRk ~E~AN EDEr. ~ ~ayor -4- of FINALLY adopted, passed and approved on the December , 1980. ATTEST: Kathryn S~ Koch City Clerk 8th day Mayob Pro Tem -5- RECORD OF PROCEEDINGS STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on c ~_~_~ reading at a regular meeting of the City Council of the City of Aspen on / ~/~,-~y , 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~c~^~,~-3~,J , 19.~ and was finally adopted and approved at a regular meeting of the City Council on Ordinance No. ~ provided by law. the , 19~__~, and ordered published as , Series of 19.~__, of said City, as IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City of Aspen, Colorado, this ~-~-~-~ SEAL ~/t ~( 4~_~ Kathyrn S~/ Koch, City Clerk Deputy City Clerk