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HomeMy WebLinkAboutordinance.council.021-64ORDINANCE NO ..cr~ Series of 1964 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE III OF THE OFFICIAL CODE OF ASPEN, COLORADO, THE SAME RELATING TO THE WATER DEPART- MENT OF THE CITY OF ASPEN, COLORADO, ESTABLISHING CHANGES IN THE RATES AND CHARGES FOR THE USE OF WATER, PRESCRIBING THE CONDITIONS UNDER WHICH WATER MAY BE USED, AND ESTABLISHING PENALTIES FOR VIOLATIONS OF THE CODE AND ORDINANCE, AND DECLAR_- ING AN EMERGENCY TO EXIST. BE IT ORDAINED'BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Subsection (a) of Section 4 (Section 3-3-4a), Chapter 3, Title III of the official Code of Aspen, Colorado as amended is hereby amended in its entirety to read as follows: 3-3-4 USE PERMITS AND USES: (a) No water shall be turned on to any premises until the consumer has applied for, and received, a permit from the Manager to use water. Such permit shall state the name of the applicant, the right of the applicant to possession of the premises and use of water thereon, the date of the appli- cation, the location and ownership of the premises, if other than the proposed consumer, whether the use shall be residential or other than residential, as hereinafter defined, and, if applicable, the number of rooms and the number and type of water using facilities. Before any permit is granted the consumer must agree in writing to pay all charges for water and for connection, and to abide by and with the terms and conditions of these Code provisions as are herein or as may -1- be hereafter amended. In addition, the Manager shall verify all statements made in such application, and shall correct all erroneous statements. Service and use of water to such consumer shall thereafter be made and charged for on the basis of such statements contained in the corrected application. Such permits when issued, and after all tap and connection charges have been paid, shall give such consumer the right to use water from the City of Aspen water mains on the described premises for the purposes stated in such permit so long as all provisions of this Code and this Ordinance are complied with. Sec~.ipn 2; Subsection (d) of Section 4 (3-3-4d), Chapter 3, Title III of the official Code of Aspen, Colorado as amended, is hereby amended in its entirety to read as follows: (d) The Manager, with the approval of the City Council, may authorize and permit any proposed consumer not connected with the water mains of the City of Aspen, and not situated within a reasonable distance of such a main, to con- nect through service lines used and owned by other~ provided, however, all such consumers shall first secure and present to the Manager the written consent of the consumer connected through, and such connecting consumer pays the appropriate tap charges and agrees to disconnect when a water main is in- stalled nearer to the premises than such permitted connection, -2- or the written consent of the connecting consumer is revoked. Connection thereafter to the water main shall be subject to, and in accordance with, all the terms and conditions of this Code as herein or hereinafter amended. Section 3: Section 6 (3-3-6) of Chapter 3, Title III of the official Code of Aspen, Colorado as amended, is hereby amended in its entirety to read as follows: 3-3-6: RATES AND CHARGES (a) For the purposes of this ordinance, rates and charges for the use of water for "Residential Purposes" shall apply only to water service delivered through tap connections three-fourths (3/4tbs) of an inch or smaller for usual and ordinary residential purposes. Subject to water service tap limitation, such residence rates shall prevail notwithstanding the fact that the consumer in such residence conducts therein a business or businesses not requiring water for other than usual residential purposes. Subject to water service tap limi- tation, such residence rates shall likewise prevail if not more than two (2) rooms are available in such residence for rental purposes. (b) Charges and assessments for the use of water from the water mains of the City of Aspen, Colorado, within and without such City, shall be imposed by the Manager, as follows: For Residential purposes where the consumer has not -3- installed a meter, the rate or charge for each calendar month, or any fraction thereof (known as the flat rate) shall be as follows: Within Without City. City Per unit of 4 rooms or less Per unit of 5 rooms Per unit of 6 rooms Per unit of 7 rooms For each additional room add For each sink, lavatory or faucet, add First water closet or urinal (self-closing) Each additional water closet or urinal First bath tub or shower Each additional shower or tub $2.45 $5.10 2.65 5.45 2.85 5.80 3.05 6.15 0.20 0.35 0.45 0.90 0.85 1.75 0.45 0.90 0.85 1.75 0.45 0.90 For Residential purposes where the consumer has not installed a meter, and use thereof is made for less than twelve calendar months in a calendar year, the rate or charge for the periods indicated shall be as follows: Within without City City Minimum charge for a period of four (4) consecutive months or less, of use $22.00 $46.20 Minimum charge for a period of more than four (4) and less than five (5) consecutive months of use 26.40 55.40 Minimum charge for a period of more than five (5) and less than six (6) consecutive months of use 30.80 64.70 Minimum charge for a period of more than six (6) and less than seven (7) consecutive months of use 35.20 73.90 cont'd Within City Minimum charge for a period of more than seven (7) and less than eight (8) consecutive mont~sof use $ 39.60 Minimum charge for a period of more than eight (8) and less than nine (9) consecutive months of use 44.00 Minimum charge for a period of more than nine (9) and less than ten (10) consecutive months of use 48.40 Minimum charge for a period of more than ten (10) and less than eleven (11) consecutive Without City $ 83.15 92.40 101.65 months of use 52.80 110.90 The use of water for one day or any fraction thereof in any calendar month shall be deemed use of water for the full calendar month for the purposes of the above schedules. Should the Manager determine that the flat rate for residential purposes hereinabove prescribed would be greater than the minimum rate herein prescribed for the period indicated, the flat rate hereinbefore prescribed shall apply for the period of use. The rates herein prescribed shall not apply unless the consumer has requested of the Manager a disconnect of service for the period of non-use. For Residential purposes where the consumer has installed month, or any Without City $7.40 a meter, the rate fraction thereof, or charge for each calendar shall be as follows: Within City Minimum charge including the first 2,000 gallons $3.70 -5- cont 'd for each 1,000 gallons for next 40,000 gallons For each 1,000 gallons next 50,000 gallons For each 1,000 gallons over 100,000 gallons the for the within Without City City $0.5O $1.00 0.35 0.70 for all 0.25 0.50 For any use other than residential purposes~ and except for the special irrigation and fire hydrant rates hereinafter prescribed, the rate or charge for each calendar month shall be as follows: Minimum charge including the first 2,000 gallons For each 1,000 gallons for the next 48,000 gallons For each 1,000 gallons for the next 50,000 gallons For each 1,000 gallons for all over 100,000 gallons vacant, Within Without City City $3.70 $7.40 0.65 1.30 0.55 1.10 0.30 0.60 For.~hose tap service connections where the lot is and the service through which the water is delivered is three-fourth (3/4th) of an inch or smaller, and the fixture or outlet, whether one or more, is suitable for hose connection only, the rate or charge, on a flat rate basis, shall be as follows: Per hose connection outlet With in Without City City $2.95 $5.70 -6- Such connections shall be used for sprinkling or irrigation of lawns, trees or gardens only, and the rates above prescribed shall be for unmetered connections only. If the service is metered the rates prescribed for metered residential purposes shall apply. For Fire Hydrant purposes only, shall be as follows: Each fire hydrant'(per year) payable in monthly installments in advance the rate or charge stalled, Within City $51.24 ($4.27/month) Without City $100.16 ($9.18/month For Irrigation Water purposes where no meter is in- and in addition to charges prescribed hereinbefore for water use, and available for the purpose of sprinkling or irri- gating lawns, trees and gardens only, the rate or charge, on a flat rate basis only, shall be as follows: Irrigation Water Within and Without City (Examples of this rate or charge: Twenty cents (20~) per front or street foot per irrigation season for each one hundred twenty-five (125) feet or less of depth Area to be irrigated including improvements, if any: 30 feet 30 feet 60 feet front X 125 front X 175 front X 350 foot depth = 30.,X $0.20 = $6.00 per season foot depth = 30 X 2 X $0.20 = $12.00 per season foot depth = 60 X 3 X $0.20 = $36.00 per season) The season for irrigation water purposes shall be deemed June, July and August, annually, and the Manager shall -7- add to the bills rendered to all consumers to which this rate or charge is applicable, one-third (1/3rd) of the season charge on each of the bills rendered July 1, August 1, and September 1, annually. (c) All charges and assessments for the use of water shall be billed by the Manager between the first and the fifth o f each calendar month of use. Such bills are payable upon being mailed to the consumer at his address on file with the Manager. A penalty equal to ten (10~) percent of such bill shall be added to any such bill not paid on or before th~ ~w:~.ft~ (]~) 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 twentieth (20th) day of the calendar month the same becomes due. (d) A service charge of two dollars ($2.00) is hereby established for each connect and each disconnect of water service howsoever occurring. (e) Municipal, quasi-municipal or governmental agencies, supported in whole or in part by general property taxes shall be deemed within the City for the purposes of their rate schedules irrespective of the fact that the service connection or use may be without the City. (f) Except as set forth in subsection (e) hereof, the point of place of use of water shall be determinative on whether the within City or the without City rate or charge is applicable. If any use of water through a tap or connection -8- is made outside of the City limits of the City of Aspen, all use through such tap or connection shall be deemed without City for rate or charge purposes. Section 4: Subscrtion (a) of Section 7 (3-3-7a) of Chapter 3, Title III of the Official Code of Aspen, Colorado, as amended, is hereby amended in its entirety to read as follows: 3-3-7: METER REGULATIONS: (a) All premises using water from the water mains of the City of Aspen, Colorado, for any use other than residential purposes (except for special irrigation and fire hydrant consumers) as in Section 3 of this Ordinance defined, shall take and measure such water ~hrough a meter, and shall pay for the same according to the meter measurements thereof at the rates established by this Ordinance. If the Clty Council shall hereafter determine that any unmetered consumer is receiving preferential treatment as to rates and charges on account of use without metering, it may require the installation of a meter and payment for water accord- ing to the meter measurements thereof at the rates established by this Ordinance. Section 5: Section 8 (3-3-8) of Chapter 3, Title III of the Official Code of Aspen, Colorado, as amended is hereby amended by addition of a new subsection thereto lettered (i) as follows: (i) It shall be unlawful for any person to tamper with any water meter installed on any service connection on -9- the water mains'of the City of Aspen, Colorado, or to place, install, or put on or near any such meter any instrument or device which will affect the operation thereof or the reading thereof. It is further declared to be unlawful to interfere with or prevent the Manager or any employee of the City of Aspen, Colorado, from examining and reading any such meter. Section 6: Section 8 (3-3-8) of Chapter 3, Title III of the Official Code of Aspen, Colorado, as .amended, is hereby amended by the addition of a new subsection thereto lettered (j), as follows: (j) of the provisions of Section 8 of Chapter 3, official Code of Aspen, Colorado, as herein subject to a fine not exceeding three hundred ($300.00) or by Every person convicted of a violation of any Title III of the amended, shall be Dollars, imprisonment not exceeding ninety (90) days. Section 7: This Ordinance shall become effective on the first day of the first calendar month thirty (30) days after final passage and publication hereof as provided by law, provided, however, that all consumers of water required by the terms of Chapter 3, Title III of the Official Code of Aspen, Colorado, as amended herein, to install meters for the purposes of measuring the use of water, shall install such meters on or before July 1, 1965. The Manager shall impose charges and assessments for the use of water from the water mains of the City on such consumers within and without the City, as -10- prescribed by such Code prior to the adoption hereof until such meters are installed and for such purpose such rates shall be deemed to continue in force until July 1, 1965. Users of water for Residential purposes, other consumers with meters, and all other consumers as meters are installed shall be charged the rate herein prescribed for the type of use. The Manager shall on July 3, 1965 discontinue service to, and disconnect all consumers required to be metered and not on such date being metered, and shall refuse to connect and serve any such consumer, after such date, until the requisite meter is installed. Introduced, read and ordered published this day of December, 1964. ;~//~// ~/~/~/~/~ Mayor. ATTEST: /~? ~ / Finally adopted and approved this , 196~. ; / Mayor. day of ~%TEsT: /~ . /~ cie Cler, // -11- STATE OF COLORADO) COUNTY OF PITKIN )  Clerk of the City of As n · above and fore- going ordinance was introduced, read in full and passed first reading at a regular meeting of the City Council of the City of Aspen, Colorado, on the 21 day of December , 1964, and published in the Aspen times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado. in its issue of December 25 , 1964, and was finally adopted and approved at a regular meeting of the City Council on January 4, , 1965, and ordered published as , Series of /~ , of said City as provided by Ordinance No. / IN :;ITNESS WHEREOF, I have hereunto set r~f hand and seal of said City of Aspen. Colorado, this 5th day of January , 1965.