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HomeMy WebLinkAboutordinance.council.011-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. // (Series of 1974) AN ORDINANCE AMENDING SECTIONS OF CHAPTER 23, ARTICLE III, OF THE MUNICIPAL CODE OF THE CITY OF ASPEN CONCERNING WATER SERVICE; PROVIDING THAT THE WATER SUPERINTENDENT SHALL ADMINISTER THE ISSUANCE OF PERMITS FOR WATER TAPS; DESCRIBING THE CONTENTS OF APPLICATIONS FOR WATER TAPS; ESTABLISHING A PLANT INVESTMENT FEE (PIF) FOR WATER TAPS AND LISTING THE RATES OF THE CHARGE FOR BOTH IN-CITY AND OUTSIDE-CITY SERVICE; PROVIDING THAT NO PIF WILL BE ASSESSED FOR FIRE PROTECTION SYSTEMS; ESTABLISHING NEW RATES FOR TAP SERVICE FEES; RESTATING THE OBLIGATION OF THE WATER USER TO ASSUME THE COST OF WATER CONNECTION; ESTABLISHING THE MINIMUM DEPTH FOR INSTALLATION OF WATER LINES; AUTHORIZING THE SUPERINTENDENT TO REPAIR LEAKING PIPES AT LANDOWNER'S EXPENSE IF, AFTER NOTICE TO LANDOWNER, REPAIR IS NOT MADE; PROHIBITING THE REMOVAL OF SERVICE DEVICES IN THE EVENT OF DISCONNECTION; REPEALING SECTIONS 23-75 and 23-85; MAKING THE OWNER OF THE PREMISES SOLELY RESPONSIBLE FOR WATER SERVICE CHARGES; AND INCREASING CHARGES FOR SHUT-OFF AND TURN-ON SERVICE. WHEREAS, the Aspen City Council, at the recommendation of its engineer and consultants, wishes to make various changes to its water utility ordinance, most importantly, the establishment of a plant investment fee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That section 23-56 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 23-56 Same - Application The superintendent shall supervise and administer the issuance of all applications for permits to tap the pipes or mains of the waterworks in accordance with the provisions of this article. All applications for permits to tap shall be in writing to the superintendent and state the name of the RECORD OF PROCEEDINGS 100 Leaves Aspen, Colorado, "Sec. 23-58 owner of the property, the owner's mailing address, the date thereof, the size of the tap desired, the proposed use of the tap, and the legal description and street address of the property for which the tap is desired. If such application to tap shall include provisions not specified or provided for in this article, no permit shall be issued except with the approval of the superintendent." Section 2. That section 23-58 of the Municipal Code of the City of is hereby amended to read as follows: Same Issuance, contents, record keeping Ail permits to tap as required by this division shall Aspen, Colorado, "Sec. 23-59 be issued and signed by the superintendent and shall set forth all those requirements specified in section 23-56. The superintendent shall keep a duplicate or record of all permits to tap, issued by him, in a book or books, kept for such purpose." Section 3. That section 23-59 of the Municipal Code of the City of is hereby amended to read as follows: Payment of all fees prerequisite to tap No water tap or other connection with the water mains of the Aspen Waterworks shall be made by the superintendent until the plant investment fee (PIF) and tap service charges have been paid." Section 4. That section 23-60 of the Municipal Code of the City of Aspen, -2- RECORD OF PROCEEDINGS 100 Leaves Colorado, is hereby amended to read as follows: "Sec. 23-60 Plant Investment Fee (PIF) (a) The plant investment fee (PIF) base rate shall be twelve hundred ($1200.00) dollars for a base tap size of three-quarters (3/4) of an inch. (b) The PIF for water service within the city shall be determined according to the following categorization: 1. Single family and duplex dwellings shall pay the base rate per unit. Multi-family dwellings and acc~Lm~odations the base rate for the (75%) per cent of the shall pay first unit and seventy-five base rate for each additional unit. The size of the tap only shall be determined in the same manner as for non-residential uses. Non-residential: Cou~nercial, industrial and institutional shall constitute the third category and the PIF for such uses shall be calculated by a plumbing fixture count using the Colorado Department of Health 1972 Plumbing Code, Appendix D, Section D.3, to establish the demand, and then using the demand calculated to determine the tap size from the following table: Meter & Tap Size PIF 3/4" $ 1,200.00 1" $ 2,136.00 1½" $ 4,800.00 2" $ 8,544.00 3" $19,200.00 4" $34,176.00 6" $76,800.00 Demand, gpm over but not over 0 18 18 30 30 60 60 96 96 180 180 300 300 600 -3- RECORD OF PROCEEDINGS 100 Leaves (c) (d) 4. When there are combined Residential and Non- residential uses, the PIF shall be determined by adding to the PIF attributable to the dwelling units the PIF attributable to the non. residential uses. The tap size shall be determined in the same manner as for non-residential uses. 5. If water is supplied by the use of one or more pump stations, the PIF shall be increased by an additional twenty-five (25%) per cent above the in-city gravity rate for each pump station relied on for service. outside the city shall be If water service is by gravity, the PIF shall be two hundred (200%) per cent of that charged for the same service within the city, as above described. 2. If water service is supplied by the use of one or more pump stations, the PIF shall be increased by an additional twenty-five (25%) per cent above the outside-city gravity rate for each pump station relied on for the service. A PIF shall be assessed for expansions of residential or non. residential uses. When new dwelling units or non- residential uses are added to an existing water service tap, the additional in-city use shall be assessed a PIF as follows: The PIF for water service determined as follows: 1. -4- RECORD OF PROCEEDINGS 100 Leaves 1. Additional dwelling units at seventy-five (75%) per cent of the base rate per unit. 2. And for non-residential uses, a new plumbing fixture count shall be made to determine the new PIF. The PIF charged for the additional use shall be the difference between the newly established PIF and the PIF originally determined. Payment of any additional PIF assessed must be made at the time the building permit is issued for construction of the additional use. Outside-city uses will be assessed a surcharge as specified in subsection (c) above." Section 5. That section 23.61 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "See. 23-61 Fee when oversized tap desired If a tap size larger than that determined by the plumbing fixture count is desired, the larger tap must be approved by the superintendent and the PIF shall be as specified for the same size non-residential tap in Section 23.60 (b) (3)." Section 6. That section 23-62 of the Municipal Code Colorado, "Sec. of the City of Aspen, is hereby amended to read as follows: 23-62 Fee when larger tap is necessary for fire protection system In the event a larger size water tap is necessary for a private fire protection system, then the PIF shall be computed upon only the size of tap needed to serve the building exclusive of the fire protection system. Under this regulation the user shall be required to pay the full cost of installation of the -5- RECORD OF PROCEEDINGS 100 Leaves service, including the cost of the tap, valve boxes, and meter." Section 7. That section 23-63 Colorado, is hereby amended to read as follows: "Sec. 23.63 Tap service charges (a) <b> Size (c) The tap service all pipe, valves, of the Municipal Code of the City of Aspen, A tap service charge shall be assessed for the cost of tapping a water main and shall be in addition to any PIF. The 'tap service charge' shall 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 equipment hereinabove described shall vest in and become the property of the Aspen water utility. charge assessed shall be as follows: of Tap and Meter Tap Service Charge 3/4" $ 200.00 1" $ 240.00 1~'' $ 375.00 2 2" $ 510.00 3" $1,320.00 4" $1,860.00 6" $3,200.00 Section 8. That section 23-64 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 23-64 Responsibility of water user for cost of tapping 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 tap service charge described in section 23-63." Section 9. That section 23-65 of the Municipal Code of the City of Aspen, -6- RECORD OF PROCEEDINGS 100 Leaves Colorado, is hereby amended to read as follows: "Sec. 23-65 Requirements for service pipes (a) Ail water service pipes shall be laid at least seven (7) feet below the existing grade of the street or ground. (b) Ail service pipes shall have a copper thaw wire of not less than number four (4) guage 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. (c)No service pipe shall be covered prior to inspection and approval by the superintendent." Section 10. That section 23-66 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 23-66 Single taps serving more than one building (a) In all cases where service pipes have been constructed from a single tap to different houses, buildings or premises, and a separate curb stop accessible to the superintendent of the waterworks has 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 tap for all such premises. Whenever such a permit has been granted, a single tap may be made and a single service pipe may be laid therefor, but such service -7- RECORD OF PROCEEDINGS 100 Leaves That Colorado, "Sec. pipe must be provided with separate and distinct curb stops for each and every one of the premises. (c) No connection with the waterworks or use of water therefrom, shall be made through any extension of the service pipe of any other premises, except as provided in this section." Section 11. section 23-67 of the Municipal Code of the City of Aspen, is hereby amended to read as follows: 23-67 Specifications for service pipes; location of curb stops No tap inserted in or connected with the service pipes shall have an orifice of a smaller diameter than three- quarters (3/4) of an inch, and every such tap shall be of brass and the service pipe connected therewith shall be of heavy serviceable pipe, and shall extend from the main to the outside line of the sidewalk at which point shall be placed a curb stop with cover and in case the point of delivery is such that there is no sidewalk or if it be in the alley, then the curb stop shall be placed just outside the lot line or at such point as the superintendent shall direct, so that the same shall be accessible to the superintendent for the purpose of turning on or shutting off water by means thereof, without going on private premises." Section 12. That section 23-71 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: -8- RECORD OF PROCEEDINGS 100 Leaves "Sec. 23-71 Maintenance of service pipes and fixtures The owner of any premises for which a water 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, the owner shall forth- with 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 his premises. If after due notice to the owner by the superin- tendent to repair leaking service pipes such repair is not made, the superintendent may have the service pipes repaired or replaced. Any costs incurred by the Aspen Waterworks in so doing shall be assessed against the owner and in so doing shall become a lien upon the premises and be satisfied against the same." Section 13. That section 23-73 of the Municipal Code of the City of Aspen, Colorado, "Sec. is hereby amended to read as follows: 23-73 Disconnections 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, curb box or meter and appuretenances. Aspen Waterworks of the Such devices are the property of the and shall be removed only by the order superintendent." -9- RECORD OF PROCEEDINGS 100 Leaves Section 14. That section 23-75 of the Municipal Code of the City of Aspen, Colorado, be and hereby is, repealed. Section 15. That section 23-85 of the Municipal Code of the City of Aspen, Colorado, be and hereby is, repealed. Section 16. That section 23-105 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 23-105 Liability for payment; lien and court action for nonpayment. Ail the rates and charges specified in this division shall be paid by the owner of the premises on which the water was used. All such water rates and charges from the time such shall be due and chargeable shall become and remain a lien upon the premises until such rates or charges shall be paid. Water rates and charges may be collected against any owner by suit, such action to be in the name of the city in any court having jurisdiction thereof and to be prosecuted as an action at law personally against such owner by a suit in equity of such lien. Any lien for the enforcement for unpaid water rates and charges against any premises may also be collected as provided by the statutes of the state for the collection of taxes and other liens and assessments against real estate." Section 17. That section 23-106 of the Municipal Code of the City of .10- RECORD OF PROCEEDINGS 100 Leaves Aspen, Colorado, is hereby amended to read as follows: "Sec. 23-106 Shut-off or turn-on service charge A service charge of ten ($10.00) dollars is hereby established for each turn-on and each shut-off of water service howsoever occurring." Section 18. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 19. A public hearing on this ordinance shall be held on the ~ day of ~'~~ , 1974, at 5 P.M. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the Aspen City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen, Colorado, on the f/ day of ~~ , 1974. ~ ~ Stacy ~ta~ley II!. -~/ / ATTEST: RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED, PASSED AND APPROVED by the Aspen City Council at its meeting held in the City of Aspen, Colorado, on the ~2~ day of ~~ 1974. ATTEST: ~ City Clerk Stacy Stan~y III ..... · Mayor STATE OF COLORADO) ) ss CE T CATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on March 11 , 197 4, and published in the Aspen Times , a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of March 14 , 19~.__, and was finally adopted and approved at a regular meeting of the City coUncil on March 25 published as Ordinance No. 11 said City, as provided by law. , 197L, and ordered , Series of 1974__, of IN WITNESS WHEREOF, I have hereunto set my hand and the 26th seal of said City of Aspen, Colorado, this day of March , 197--4. ~ ~e~raine Graves, City Clerk