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Home My WebLink Aboutordinance.council.014-73RECORD OF PROCEEDINGS ORDINANCE NO. ~[_ (Series of 1973) AN ORDINANCE AMENDING CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY REPEALING IN THEIR ENTIRETY EXISTING SECTIONS 23-101, 23-102, 23-104, 23-106, 23-107, 23-108 AND 23-60 THEREOF AND BY ADDING THERETO NEW SECTIONS 23-101, 23-102, 23-104, 23-106, 23-107, 23-108 AND 23-60 REVISING WATER RATES INSIDE AND OUTSIDE THE CITY, INCREASING WATER TAP CHARGES, AND PROVIDING THE OPTION OF METERED OR FLAT RATE SERVICE TO SINGLE AND TWO FAMILY DWELLINGS. WHEREAS, City of Aspen Ordinance No. 34 of the Series of 1971 was intended to amend certain aspects of the water utility service sections of the Aspen Municipal Code; and WHEREAS, the notice of public hearing published in connection with the said Ordinance NO. 34 (Series of 1971) failed to include the date upon which said public hearing would be held; and WHEREAS, in order to render moot any question as to the validity of the procedures followed in the adoption of said Ordinance No. 34 (Series of 1971), the Aspen City Council has determined that, with the exception of the mandatory flat rate service for residences requirement, the Code amendments adopted by said Ordinance No. 34 (Series of 1971) should be re - enacted in their entirety; and WHEREAS, the provisions of said Ordinance No. 34 (Series of 1971) have since been codified as Sections 23-101, 23-102, 23-104, 23-106, 23-107, 23-108(a) and 23-60 of Chapter 23 of the Aspen Municipal Code; and WHEREAS, the City Council has further determined that single and two family dwelling owners ought to be permitted the option of installing water meters or of being billed on the residential flat rate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Section 23-101 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety, and is hereby replaced and superceded with a new Section 23-101, which shall read as follows: RECORD OF PROCEEDINGS 100 LEAVES "Sec. 23-101. Flat rates defined. FOR THE PURPOSES OF THIS ORDINANCE RESIDENTIAL FLAT RATE SERVICE SHALL BE DEEMED WATER SERVICE TO A SINGLE OR A TWO FAMILY DWELLING WHERE NO METER HAS BEEN INSTALLED, AND ALL WATER CHARGES FOR SUCH DWELLINGS SHALL BE ASSESSED ON THE RESIDENTIAL FLAT RATE. ALL OTHER WATER USERS, INCLUDING ANY MULTIPLE FAMILY DWELLING OTHER THAN A DUPLEX NOT PROVIDING A SEPARATE CURB VALVE FOR EACH UNIT, SHALL BE DEEMED COMMERCIAL WATER USERS AND SHALL BE BILLED ON THE COF~ERCIAL ~-~'~ RATE WHERE A METER HAS BEEN INSTALLED." Section 2. Section 23-102 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety, and is hereby replaced and superceded with a new Section 23-102, which shall read as follows "Sec. 23-102. SCHEDULE OF RATES: (a) THE RESIDENTIAL AND COMMERCIAL FLAT RATE SHALL BE COMPUTED ON A PO~,NT VALUE BASIS ACCORDING TO THE FOLLOWING SCHEDULE: TEN POINTS = ONE UNIT ONE POINT = $1.30 PER MONTH BILLING CHARGE POINT VALUE INSrDB OUTSIDE CITY CITY BEDROOM KITCHEN LIVING ROOM-DINING ROOM (COMBINED) LIVING ROOM (SEPARATE) DINING ROOM (SEPARATE) AUTOMATIC WASHING MACHINE GARBAGE DISPOSAL DISHWASHER TOILET, OR URINAL LAVATORY BATHTUB, SHOWER, (COMBINATION) BATHTUB OR SHOWER (SEPARATE) SINK SWIMMING POOL AUTOMATIC FIRE CONTROL I 1 1 2 t 1 1 2 t i1 3 i1 3 2 4 8 (b) FOR THE USE OF WATER FOR LESS THAN A FULL MONTH ON RESIDENTIAL AND COMMERCIAL FLAT RATES, IT SHALL BE THE RESPONSIBILITY OF THE WATER USER TO NOTIFY THE WATER DEPARTMENT ON OR BEFORE THE DAY THE SERVICE IS TO BE DISCONTINUED; THE 2 RECORD OF PROCEEDINGS WATER DEPARTMENT WILL THEN COMPUTE FRACTION-OF-MONTH CHARGES ACCORDING TO THE FOLLOWING SC}fl~UULE: DATE OF CONNECT OR DISCONNECT 1ST THROUGH 5TH OF MONTH 6TH THROUGH 14TH OF MONTH 15TH THROUGH 25TH OF MONTH 26TH THROUGH 31ST OF MONTH PERCENTAGE OF FULL MONTHLY BILL DISCONNECTING CONNECTING CUSTOMER CUSTOMER ox lOO% 33% 67% 67% 33% lOO% 0% (c) FOR RESIDENTIAL PURPOSES WHERE A METER HAS BEEN THE RATE OR CHARGE FOR SUCH CALENDAR MONTH, OR ANY FRACTION THEREOF, SHALL BE AS FOLLOWS: METER INSIDE CITY OUTSIDE CITY SIZE GALLO~'S~.CHARGE GALLO . RGE --4iovo- $ 4.80 $ 9. o 1" 6,000 6.50 6,000 13.00 1½" 14,000 13.30 14,000 26.60 2" 20,000 18.40 20,000 36.80 4" 41,000 36.10 41,000 72.20 6" 60,000 50.80 60,000 101.60 CHARGE FOR EACH 1,000 GALLONS OVER THE MINIMUM .65 1.30 ALL METERED WATER USERS WITH PRIVATE FIRE PROTECTION SYSTEMS SHALL BE BILLED AN ADDITIONAL CHARGE OF $5.20 PER MONTH INSIDE THE CITY AND $10.40 PER MONTH OUTSIDE THE CITY. (d) COMMERCIAL METERED RATE: ALL COMMERCIAL WATER USERS SHALL BE REQUIRED TO HAVE A W~TER METER AND THE COMMERCIAL RATE OR CHARGE FOR EACH CALENDAR MONTH SHALL BE AS FOLLOWS: METER INSIDE CITY OUTSIDE CITY SIZE GALLO~.CHARGE 3/4" ~ $ ~.~O --'4TUU'O-- $ 1O.~O 1" 6,000 7.15 6,000 14.30 1½" 14,000 14.60 14,000 29.20 2" 20,000 20.20 20,000 40.40 4" 41,000 39.70 41,000 79.40 6" 60,000 55.90 60,000 111.80 CHARGE FOR EACH 1,000 GALLONS OVER THE MINIMUM .75 1.50 -3- RECORD OF PROCEEDINGS 100 ~EAV£S ALL METERED WATER USERS WITH PRIVATE FIRE PROTECTION SYSTEMS SHALL BE BILLED AN ADDITIONAL CHARGE OF $5.20 PER MONTH INSIDE THE CITY AND $10.40 PER MONTH OUTSIDE THE CITY." Section 3. Section 23-104 of the Municipal Code of Colorado~ is hereby repealed in its entirety, the City of Aspen, and is hereby replaced and superceded with a new Section 23-104, which shall read as follows: "Sec. 23-104. BILLING PROCE~JRE; PENALTY AND DISCONNECTION FOR DELINQUENCIES. ALL CHARGES AND ASSESSMENTS FOR THE USES OF WATER SHALL BE BILLED BETWEEN THE 1ST AND 5TH OF EACH MONTH FOR THE WATER SERVICE FOR THE PREVIOUS MONTH. SUCH BILLS ARE PAYABLE UPON BEING MAILED TO THE CONSUMER AT HIS ADDRESS ON FILE WITH Tt~ MANAGER. A PENALTY EQUAL TO TEN (10%) PERCENT OF SUCH BILL SHALL BE ADDED TO ANY SUCH BILL NOT PAID ON OR BEFORE THE 15TH DAY OF THE CALENDAR MONTH THE SAME BECOMES DUE. THE MANAGER SHALL DISCONNECT THE WATER SERVICE TO ANY CONSUMER WHO FAILS TO PAY SUCH BILL ON OR BEFORE THE 20TH DAY OF THE CALENDAR MONTH THE SAME BECOMES DUE." Section 4. Section 23-106 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety, and is hereby replaced and superceded with a new Section 23-106, which shall read as follows: "Sec. 23-106. Connection or disconnection fees. A SERVICE CHARGE OF TWO ($2.00) DOLLARS IS HEREBY ESTABLISHED FOR EACH CONNECT AND EACH DISCONNECT OF WATER SERVICE HOWSOEVER OCCURRING." Section 5. Section 23-107 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety, and is hereby replaced and superceded wihh a new Section 23-107, which sh~ll read as follows: "Sec. 23-107. Determination of whether user is within or without City. --4-- RECORD OF PROCEEDINGS IOOLEAVE$ (a) MUNICIPAL, QUASI-MUNICIPAL OR GOVERNMENTAL AGENCIES, SUPPORTED IN WHOLE OR IN PART BY GENERAL PROPERTY TAXES SHALL BE DEEMED INSIDE THE CITY FOR THE PURPOSES OF THEIR RATE SCHEDULES IRRESPECTIVE OF THE FACT THAT THE SERVICE CONNECTION OR USE MAY BE OUTSIDE THE CITY. (b) EXCEPT AS SET FORTH IN SUBSECTION (a) HEREOF, THE POINT OF PLACE OF USE OF WATER SHALL BE DETERMINATIVE ON WHETHER THE INSIDE CITY OR OUTSIDE CITY RATE OR CHARGE IS APPLICABLE. IF ANY USE OF WATER THROUGH A TAP OR CONNECTION IS MADE OUTSIDE THE CITY LIMITS OF THE CITY OF ASPEN, ALL USE THROUGH SUCH TAP OR CONNECTION SHALL BE DEEMED OUTSIDE CITY FOR RATE OR CHARGE PURPOSES." Section 6. Section 23-108 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety, and is hereby replaced and superceded with a new Section 23-108, which shall read as follows: "Sec. 23-108. Meter regulations. (a) THE OWNERS OF SINGLE OR TWO FAMILY DWELLINGS SHALL HAVE THE OPTION OF INSTALLING A METER AND BEING BILLED ON THE RESIDENTIAL METERED RATE, OR OF BEING BILLED ON THE RESIDENTIAL FLAT RATE, PRO- VIDED THAT AN OWNER SHALL NOT BE PERMITTED TO CHANGE FROM ONE SYSTEM TO THE OTHER MORE FREQUENTLY THAN ONCE DURING ANY TWELVE (12) MONTH PERIOD. (b) METERS SHALL BE OF A SIZE AND TYPE SET FORTH BY SPECIFI- CATIONS OF THE WATER DEPARTMENT. THE INSTALLATION OF THE METERS SHALL CONFORM TO SPECIFICATIONS REQUIRED BY THE DEPARTMENT. (c) IN NO CASE SHALL THE OWNER OF ANY PREMISES BE ALLOWED TO TAKE PART OF ~ WATER USED ON SUCH PREMISES ON A FLAT RATE BASIS, AND PART ON THE METER BASIS, BUT IN EVERY CASE, SUCH OWNER SHALL TAKE AND PAY FOR ALL ONE PREMISES, EITHER ON THE FLAT Section 7. THE WATER USED BY HIM, ON ANY RATE OR ON THE METER RATE BASIS." Section 23-60 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety, and is hereby replaced and superceded with a new Section 23-60, which shall read as follows: RECORD OF PROCEEDINGS "Sec. 23-60. Tap fees generally. (a) TAP CHARGES: ALL TAP FEES SHALL BE COMPUTED ACCORDING TO THE POINT VALUE SCHEDULE OUTLI~ifl3 IN SECTION 23-102. (b) WHEN THE POINT VALUE HAS BEEN ESTABLISHED THE TAP FEE SHALL BE ASSESSED AS FOLLOWS: FEE PER TAP POINT RANGE POINT SIZE o - g0UV0- 16 - 30 40.00 l" 31 - 100 40.00 1~" 101 - 300 30.00 2" 301 - 900 20.00 4" 901 - 1,500 10.00 6" FEE MINIMUM MAXIMUM $~O0.O0 $ ~00.00 640.00 1,200.00 1,240.00 4,~00.00 4,030.00 10,000.00 10,030.00 22,000.00 22,010.00 28,000.00 (c) THE MINIMUM TAP FEE SHALL NOT BE LESS THAN $600.00 REGARDLESS OF THE POINT VALUE. THIS MINIMUM SHALL NOT APPLY TO THE EXTENSION OF EXISTING SERVICES." Section 8. Any and all laws of the City of Aspen in conflict with the provisions of this Ordinance are hereby repealed. Section 9. A public hearing on the ordinance shall be held on ~J~ , 1973, at ~-~gp.M. in the City Council Chambers, // City Hall Building, Aspen, Colorado. Section 10. If any provisions 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 provision or application, and to this end the provisions of this ordinance are declared to be severable. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council ATTEST: City Clerk of the City of Aspen, Colorado on the 1973. day of Ma~or -6- RECORD OF PROCEEDINGS I00 LEAVES FINALLY ADOPTED, PASSED AND APPROVED This ~3 day of , 1973. ATTEST : ? ~ City Clerk Mayor -7- STATE OF COLORADO) ) ss CERTIFICATE 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 April 9 , 1973__, and published in the AspenToday , a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ~_~_~, 197_~., and was finally adopted and approved at a regular meeting of the City CoUncil on April 23 , 1973__, and ordered 14 , Series of 197--3, of published as Ordinance No. said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 23 day of April . , 197 3 S E A'L