HomeMy WebLinkAboutordinance.council.035-11 ORDINANCE NO. 35
Series of 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND
CHAPTER 25.08, "WATER SERVICE — GENERAL PROVISIONS" AND CHAPTER 25.16, "WATER
RATES AND CHARGES ", OF THE MUNICIPAL CODE OF THE CITY OF ASPEN
WHEREAS, the City Council has adopted a policy of requiring all users of the water systems
operated by the City of Aspen to pay fees that fairly approximate the costs of providing such services; and
WHEREAS, the city council has determined that certain fees currently in effect do not raise
revenues sufficient to pay for the attendant costs of providing said programs and services; and
WHEREAS, the City Council has determined that rates charged for water service should provide an
incentive for conservation of natural resources.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1.
That Section 25.08.080 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly rate reviews, is hereby amended to read as follows:
Sec. 25.08.080. Rate reviews.
(a) The monthly demand, out -of -city service, fire protection, variable and pumping charges in
Sections 25.16.010 and 25.16.020 shall be set annually in accordance with the following
criteria:
(1) The expected annual revenue from all such monthly charges plus the expected
annual revenue from utility investment charges shall recover the annual water budget
approved by City Council.
(2) The monthly demand charge per customer shall be based upon"
(a) The customer's ECU rating.
(b) The customer's billing area factor.
(c) The total weighted ECU served by the water utility at the beginning of the year.
(d) Forty percent (40 %) of the approved annual debt service for the water utility.
(e) That portion of sixty percent (60 %) of annual debt service not projected to be
recovered from utility investment charges.
(f) A portion of annual fixed wage, insurance and administrative costs approved for
the water utility.
(3) The demand charge shall also provide for a contingency fund based on water utility
costs and revenues in the previous year. This contingency fund shall not accumulate
from year to year.
(4) The monthly variable charge per customer shall be based upon:
(a) The thousands of gallons of ordinary water used by the customer during a three -
month meter - reading cycle.
(b) The total projected annual thousands of gallons of ordinary water use, including
an allowance for leakage and other losses.
(c) Those annual operation, maintenance or other costs approved for the water utility
not allocated to utility investment, demand, pumping or fire protection charges.
(5) The monthly pumping charge per customer shall be based upon:
(a) The thousands of gallons delivered to the customer via pumping during any
three -month meter - reading cycle.
(b) The number of pump stations required to deliver water to the customer.
(c) The total projected annual thousands of gallons to be delivered via pumping.
(d) The weighted average number of pump stations in the water system
(e) The projected annual power, repair, operation and maintenance costs approved
for all pump stations.
(6) Reserved.
(7) The monthly fire protection charge per customer shall be based upon:
(a) The customer's ECU rating/
(b) The customer's billing area factor.
(c) The total weighted ECUs served by the water utility at the beginning of the year.
(d) Those approved annual debt service and fixed operation and maintenance costs
allocated to fire protection.
(b) The base utility investment charge in Subsection 25.12.040(a) and projected annual
revenues from utility investment charges shall be reviewed by City Council each year and the base
utility investment charge shall be adjusted so as to allocate as nearly as practical forty percent (40 %)
of the annual debt service approved for the water system to on -line customers and sixty percent (60 %)
to future customers who may connect to the water system in the coming year.
(c) The billing area factors in Subsection (b) of Section 25.08.070 and the sixty percent/forty
percent (60 %140 %) allocation in Subsection (b) of this Section shall be reviewed by council every
five (5) years in light of the asset value of the water system and of any major capital improvements to
this system and the billing area factors and the sixty percent/forty percent (60 %/40 %) allocation shall
be adjusted so that debt service and other fixed costs approved for the water system are allocated as
nearly as practical among billing areas and between on -line customers and future customers in
proportion to the benefits conferred by major capital improvements.
(d) No schedule of water rates and charges proposed pursuant to such annual or five (5) year
reviews shall be effective except after public hearing and thirty (30) days' notice to the public. Such
notice shall be given by keeping open for public inspection at the office of the Director of Finance the
proposed annual water budget and the proposed schedule of the rates and charges. In addition, notice
shall be given by publishing a notice of the availability of the proposed budget and rate schedule at
least once in a newspaper of general circulation in the billing area of the City water utility at least
thirty (30) days and no more than sixty (60) days prior to the date set for public hearing on the
adoption of the proposed schedule. The published notice shall also specify the date, time and place
for the public hearing on the proposed budget and rate schedule. The City Council may adjourn and
reconvene said hearings as necessary.
(e) For good cause shown, the City Council may adopt a new budget and rate schedule
without thirty (30) days' notice and public hearing by an order specifying the budget and rate
schedule, the circumstances necessitation the adoption of the rate schedule and budget without thirty
(30) days' notice and public hearing, the time when the changes shall take effect and the manner in
which the changes shall be published. (Code 1971, § 23 -43; Ord. No. 27 -1985, § 1; Ord. No.51-
1987, § 3; Ord. No. 18 -1988, § 2; Ord. No. 34 -1988, § 2,3; Ord. No. 39 -1993, § 3)
Section 2.
That Section 25.16.010 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly water service rates, is hereby amended to read as follows
Sec.25.16.010. Monthly rates for metered water service.
All metered customers except temporary construction, grandfathered -in, and pre -tap customer
accounts shall pay the sum of charges one (1) through seven (7) that follow:
(1) A demand charge of four dollars and fifty -seven cents ($4.57) per ECU per month for
Billing Area 1; nine dollar and fifteen cents ($9.15) per ECU per month for Billing Area 2; nine dollars
and fifteen cents ($9.15) per ECU per month for Billing Area 3; five dollars and seventy -one cents
($5.71) per ECU per month for Billing Area 4; eight dollars and zero cents ($8.00) per ECU per month
for Billing Area 5; nine dollars and fifteen cents ($9.15) per ECU per month for Billing Area 6; six dollars
and eighty -six cents ($6.86) per ECU per month for Billing Area 7.
(2) A variable charge of one dollar and sixty -nine cents ($1.69) per thousand (1,000) gallons
of the first five thousand (5,000) gallons of metered usage per ECU.
(3) A variable charge of two dollars and nineteen cents ($2.19) per thousand (1,000) gallons
of metered usage from five thousand one (5,001) to fifteen thousand (15,000) gallons per ECU.
(4) A variable charge of three dollars and twelve cents ($3.12) per thousand (1,000) gallons
for metered usage from fifteen thousand one (15,001) gallons to twenty thousand (20,000) gallons per
ECU.
(5) A variable charge of four dollars and sixty -eight cents ($4.68) per thousand (1,000)
gallons for metered usage in excess of twenty thousand (20,000) gallons per ECU.
(6) A pumping charge of one dollar and fifteen cents ($1.15) per thousand (1,000) gallons
pumped with service through one (1) pump station, two dollars and thirty cents ($2.30) per thousand
(1,000) gallons pumped with service through two (2) pump stations; and three dollars and forty-five cents
($3.45) per thousand (1,000) gallons pumped with service through three (3) pump stations.
(7) A fire protection charge of one dollar and thirty cents ($1.30) per ECU per month for
Billing Area 1; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 2; two dollar and
sixty cents ($2.60) per ECU per month for Billing Area 3; one dollar and sixty-three cents ($1.63) per
ECU per month for Billing Area 4; two dollars and twenty -eight cents ($2.28) per ECU per month for
Billing Area 5; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 6; one dollar and
ninety -five cents ($ 1.95) per ECU per month for Billing Area 7.
Section 3.
That Section 25.16.011 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth bulk rates for metered service, is hereby amended to read as follows:
Sec.25.16.011. Bulk rates for metered water service.
(a) The demand charge for the filler hydrant bulk water sales pursuant to Subsection
25.08.020(e) shall be ten dollars and fifty cents ($10.50) per use.
(b) The variable charge for filler hydrant bulk water sales pursuant to Subsection 25.08.020(e)
shall be four dollars and sixty -eight cents ($4.68) per thousand (1,000) gallons. (Ord. No. 41-
2004,§3; Ord. No. 7 -2006, § 3)
Section 4.
That Section 25.16.014 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly water rates for Temporary Construction accounts, is hereby added to read as follows:
Sect. 25.16.014. Monthly rates for temporary construction water service.
All temporary construction accounts shall pay the sum of charges one (1) and two (2).
(1) Four dollars and fifty -seven cents ($4.57) per ECU per month for Billing Area 1; nine dollar and
fifteen cents ($9.15) per ECU per month for Billing Area 2; nine dollars and fifteen cents ($9.15) per
ECU per month for Billing Area 3; five dollars and seventy-one cents ($5.71) per ECU per month for
Billing Area 4; eight dollars and zero cents ($8.00) per ECU per month for Billing Area 5; nine dollars
and fifteen cents ($9.15) per ECU per month for Billing Area 6; six dollars and eighty-six cents ($6.86)
per ECU per month for Billing Area 7.
(2) A fire protection charge of one dollar and thirty cents ($1.30) per ECU per month for Billing Area
1; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 2; two dollar and sixty cents
($2.60) per ECU per month for Billing Area 3; one dollar and sixty-three cents ($1.63) per ECU per
month for Billing Area 4; two dollars and twenty-eight cents ($2.28) per ECU per month for Billing Area
5; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 6; one dollar and ninety-five
cents ($1.95) per ECU per month for Billing Area 7.
Section 5.
That Section 25.16.015 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly water rates for Grandfathered -In accounts, is hereby added to read as follows:
Sect. 25.16.015. Monthly rates for grandfathered -in water service.
All grandfathered -in accounts shall pay the sum of charges one (1) and two (2).
(1) Four dollars and fifty -seven cents ($4.57) per ECU per month for Billing Area 1; nine
dollar and fifteen cents ($9.15) per ECU per month for Billing Area 2; nine dollars and fifteen cents
($9.15) per ECU per month for Billing Area 3; five dollars and seventy-one cents ($5.71) per ECU per
month for Billing Area 4; eight dollars and zero cents ($8.00) per ECU per month for Billing Area 5; nine
dollars and fifteen cents ($9.15) per ECU per month for Billing Area 6; six dollars and eighty-six cents
($6.86) per ECU per month for Billing Area 7.
(2) A fire protection charge of one dollar and thirty cents ($1.30) per ECU per month for
Billing Area 1; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 2; two dollar and
sixty cents ($2.60) per ECU per month for Billing Area 3; one dollar and sixty-three cents ($1.63) per
ECU per month for Billing Area 4; two dollars and twenty-eight cents ($2.28) per ECU per month for
Billing Area 5; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 6; one dollar and
ninety-five cents ($1.95) per ECU per month for Billing Area 7.
Section 6.
That Section 25.16.016 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly water rates for pre -tap accounts, is hereby added to read as follows:
Sect. 25.16.016. Monthly rates for pre -tap water service.
All pre -tap accounts shall pay the sum of charges one (1) and two (2).
(1) Four dollars and fifty -seven cents ($4.57) per ECU per month for Billing Area 1; nine
dollar and fifteen cents ($9.15) per ECU per month for Billing Area 2; nine dollars and fifteen cents
($9.15) per ECU per month for Billing Area 3; five dollars and seventy-one cents ($5.71) per ECU per
month for Billing Area 4; eight dollars and zero cents ($8.00) per ECU per month for Billing Area 5; nine
dollars and fifteen cents ($9.15) per ECU per month for Billing Area 6; six dollars and eighty-six cents
($6.86) per ECU per month for Billing Area 7.
(2) A fire protection charge of one dollar and thirty cents ($1.30) per ECU per month for
Billing Area 1; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 2; two dollar and
sixty cents ($2.60) per ECU per month for Billing Area 3; one dollar and sixty-three cents ($1.63) per
ECU per month for Billing Area 4; two dollars and twenty-eight cents ($2.28) per ECU per month for
Billing Area 5; two dollars and sixty cents ($2.60) per ECU per month for Billing Area 6; one dollar and
ninety-five cents ($1.95) per ECU per month for Billing Area 7.
Section 7.
That Section 25.16.020 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly rates for unmetered water service, is hereby amended to read as follows:
Sec. 25.16.020. Monthly rates for unmetered water service.
(a) All unmetered customers shall pay a flat rate demand charge of seventy- three dollars
and ninety- two cents ($73.92) per ECU per month for Billing Area I; one hundred seven
dollars and zero cents ($107.00) per ECU per month for Billing Area 2; one hundred
thirty -five dollars and seventy-five cents ($135.75) per ECU per month for Billing Area
3; seventy-five dollars and six cents ($75.06) per ECU per month for Billing Area 4;
seventy-seven dollars and thirty-five cents ($77.35) per ECU per month for Billing Area
5; seventy-eight dollars and fifty cents ($78.50) per ECU per month for Billing Area 6;
seventy-six dollars and twenty-one cents ($76.21) per ECU per month for Billing Area 7.
(b) With respect to the water rates and charges contained in Sections 25.166.010 and
25.16.020, in case of verifiable hardship and upon approval of both the Finance Director
and the Water Superintendent, special billing arrangements may be made.
Section 8.
That Section 25.16.021 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth monthly rates for senior water service, is hereby added to read as follows:
Sec.25.16.021. Senior water rates.
(a) Any qualified senior citizen who so applies shall be entitled to a rebate and adjustment in the
individual water rates set forth in Sections 25.16.010 and 25.16.020.
(1) Qualified senior citizen shall be defined by the Pitkin County Social Services Department
in consultation with the Pitkin County Senior Services Council.
(2) Application for the rebate and adjustment shall be as established by the City Manager in
consultation with the Finance and Water Utility Departments. The City Manager 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.
(3) Metered residences owned or leased by qualified senior citizens will be charged only
ninety percent (90 %) of the demand and fire protection charges set forth in Subsections 25.16.010
Paragraph one (1) and 25.16.010 Paragraph seven (7) and one hundred percent (100 %) of the variable and
pumping charges set forth in Subsections 25.16.010 Paragraph two (2) through Paragraph six (6) and as
determined by the service area factor and the ECU rating of the residence. Unmetered or flat rate
residence owned or leased by qualified senior citizens will be charged thirty percent (30 %) of the total
charge set forth in Subsection 25.16.020(a) as determined by the service area factor and the ECU rating of
the residence. (Code 1971, § 23 -102; Ord. No. 27 -1985, § 1; Ord. No. 48 -1986, § 1(A) (B); Ord. No. 51-
1987, §2; Ord. No. 1 -1988, §Ord. No. 8 -1990, § 2; Ord. 39 -1993, §7)
Section 9:
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 ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
Section 10:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid
or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and shall not affect the validity of the remaining portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
A public hearing on this ordinance shall be held on the 28 day of November, 2011, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a
minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper
of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the 14 day of November20l 1.
Attest:
7 . S 1
Kathryn S. ' och, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 28 day of November, 2011.
Attest:
,e;Wpdielat7
Kathryn S. i . • ch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
City Attorney
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