HomeMy WebLinkAboutordinance.council.015-12 ORDINANCE NO. 15
Series of 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
AMEND CHAPTER 25.28, WATER SHORTAGES, OF THE MUNICIPAL CODE.
WHEREAS, the City Council has adopted a policy to address a shortage in its supply of
water; and
WHEREAS, this shall apply to the use of the treated water supply of the City and to raw
water licensed agreements issued by the City and to other raw water agreements to which the City is
a party to the extent those agreements provide for curtailment of water use or suspension of water
delivery during water shortages or emergencies; and
WHEREAS, the three-stage plan set forth in this Ordinance shall be decided by City
Council according to the exigencies of the stage being implemented as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That Sections 25.28.010 of the Municipal Code of the City of Aspen, Colorado which sets
forth water shortages applicability, is hereby amended as follows.
Sec. 25.28.010. Applicability.
This Chapter shall become effective upon a finding by the City Council that the City is facing a
shortage in its supply of water. Such a finding shall be made by resolution. To the extent
reasonable, findings of applicability of the stages set forth in this Chapter shall be coordinated
with similar findings by other water users in the same drainage basin and findings by the State
engineer and the Water Conservation Board shall be considered to be of a persuasive nature.
The provisions of this Chapter shall apply to the use of the treated water supply of the City and
to raw water license agreements issued by the City and to other raw water agreements to which
the City is a party to the extent those agreements provide for curtailment of water use or
suspension of water delivery during water shortages or emergencies.
Upon such finding, the three-stage plan set forth in this Chapter shall be implemented. The
duration of each stage shall be decided by the City Council according to the exigencies of the
particular situation in question. It shall be an additional responsibility of the Water
Superintendent, under direction of the City Manager, to ensure that the measures described for
each implementation Stage are carried out and to provide sufficient coordination between City
departments. (Code 1971, § 23-200; Ord. No. 27-1985, § 1; Ord. No. 18-2002 § 1 [part])
Section 2.
That Section 25.28.020 of the Municipal Code of the City of Aspen, Colorado, which sets
forth water shortages stages, is hereby amended to read as follows.
Sec. 25.28.020. Stages.
(a) Stage One. The objective of water use restrictions during this stage is a ten percent (10%)
reduction in water use. Voluntary conservation is encouraged during this condition. During the
period designated Stage One:
(1) There shall be lawn watering only to the extent determined permissible by the City Council
according to the demands of the particular period in question. If no other specific schedule is
adopted by City Council, an odd-even schedule shall be in effect on a voluntary basis. An"odd-
even" schedule means that addresses ending in odd numbers and addresses ending in even
numbers will water on alternate days, with odd numbers only irrigating the day following the
declaration of Stage One restrictions, even numbers only irrigating the next day, and so on.
(2) Public education materials shall be provided to encourage efficient use of the available water
supply.
(3)Public facilities will be directed to implement water use restrictions by administrative order,
including: limiting irrigation of public parks and golf courses to an extent greater than the target
reduction in overall water use; reducing street washing to minimum level necessary to comply
with air quality standards and suspending fire hydrant flushing and testing except when required
for completion and acceptance of a newly constructed water system.
(4) Upon declaration of Stage One water shortage, increases in water rates for "extraordinary
water use" (Sections 25.16.010 and 25.16.020 and 25.16.021) shall be imposed as mandated by
the City of Aspen City Manager-up to the maximum rates defined in Section 25-28.040.
(b) Stage Two. Prior to the expiration of Stage One, a period known as Stage Two shall be
designated by the City Council, if the Council deems the entry of such stage necessary. The
Council may continue Stage One or terminate the water shortage period at its discretion. The
objective of water conservation measures during Stage Two is to achieve up to a thirty percent
(30%)reduction in water consumption. Upon commencement of Stage Two, the City Council,
by resolution, shall adopt one or more of the following additional measures which may be altered
by resolution of the City Council during a Stage Two condition:
(1) There shall be no washing of sidewalks, driveways, parking areas, tennis courts,patios or
other paved areas.
(2) There shall be no refilling of swimming pools with water furnished by the City.
(3) There shall be no noncommercial washing of privately owned cars, other motor vehicles,
trailers or boats, except from a bucket and except that a hose equipped with a positive shut-off
nozzle may be used for a quick rinse.
(4)No new public or private landscaping installations shall be allowed with the exception of that
required as a minimum for erosion control of disturbed surfaces as determined by the City.
(5)No new water connections shall be authorized; however, existing authorizations shall be
honored; provided, however, that this subsection (5) shall not apply to users on a well whose
well has run dry.
(6) Watering of golf courses and parks shall be managed to achieve at least the 30% reduction in
water use specified for stage 2.
(7) Water shall not be used for dust control, except pursuant to authorization from the City or
Pitkin County Environmental Health Department and only to the extent necessary to comply
with air quality standards.
(8) Except for fighting fire, there shall be no use of water from a fire or specially designated
loading hydrant for human consumption or for use in connection with animals, street washing or
construction water supply. Hydrant draft permits for any of the above uses shall be suspended
for the duration of the Stage Two or Three designation.
(9) Watering of any lawn, garden, landscaped area, tree, shrub or other plant shall be prohibited
from 10:00 a.m. to 5:00 p.m., except from a hand-held hose or container or drip irrigation
system. These limitations are in addition to any applicable limits from Stage One (e.g., odd-even
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watering schedule). The allowable time limits for irrigation (both day of week and time of day)
may be modified by City Council in accordance with the need for water conservation.
(10) There shall be no use by a car washing or bus washing facility in excess of seventy percent
(70%) of the amount used by it during the corresponding billing period in the preceding year. If
the facility was not operating during the preceding year, an assumed amount shall be computed
from its records and from the rate of use of comparable facilities; provided, however, that this
subsection (10) shall not apply to any facility that recycles water in a manner satisfactory to the
City Manager.
(11) There shall be no nonresidential use in excess of seventy percent (70%) of the amount used
by the customer during the corresponding billing period in the preceding year. If connection to
the City system was not in existence during the preceding year, an assumed amount shall be
computed based on the rate of comparable facilities. Said percentage may be increased by the
City Manager for any connection, use or customer if the City Manager determines that such
increase is necessary to protect the public health, safety and welfare or to spread equitably
among water users of the City the burdens imposed by the water shortage and the resulting lack
of water in the City's supply; provided, however, that this provision regarding equitably
spreading such burden shall in no way serve to injure, weaken or deprive the legal demands of an
adjudicated water right under state statutes.
(12) Flat rate water customers shall be required to meter water usage within thirty (30) days of
declaration of the Stage Two water shortage notice (unless it is not feasible to install a meter); or,
pay 150%of existing current unmetered rates during implementation of Stage Two and Stage
Three Water Shortage ordinance.
(13) Upon declaration of Stage Two water shortage, increases in water rates for "extraordinary
water use" (Sections 25.16.010 and 25.16.020 and 25.16.021) shall be imposed as mandated by
the City of Aspen City Manager-up to the maximum rates defined in Section 25-28.040.
(c) Stage Three. Prior to the completion of Stage Two, the City Council shall determine by
majority vote whether to: (1) terminate the water shortage period; (2) revert to Stage One; (3)
extend the time for Stage Two; (4) alter the use restrictions; or(5) enter Stage Three. If entered,
Stage Three shall last until the City Council determines by resolution that the water shortage no
longer exists. The City Council shall have the power to revert back to Stage One or Stage Two
in its discretion or alter the use conditions should circumstances during Stage Three change and
suggest such a course of action. The objective of restrictions in effect during Stage Three is to
obtain a fifty percent (50%) reduction in water consumption. In addition to restrictions
pertaining to Stage Two, the City Council may adopt one (1) or more of the following use
limitations to go into effect upon entering Stage Three:
(1) Watering of any lawn, garden, landscaped area, tree, shrub or other plant material shall be
prohibited except from a hand-held hose or container or drip irrigation system.
(2) Use in any dwelling or separate residential unit in excess of fifty (50) gallons per day (or
some other quantity decided by the City Council) for each resident thereof shall not be permitted.
Each residence supplied with water by the City shall certify to the City Water Department in
writing, under oath and penalty of perjury, the number of residents of each dwelling or separate
residential unit billed to the customer.
(3) There shall be no nonresidential'use in excess of fifty percent (50%) of the amount used by
the customer during the corresponding billing period of the previous year. If connection to the
City system was not in existence or use during the preceding year, an assumed amount shall be
computed based upon the City's records for comparable facilities. Said percentage may be
increased by the City Manager for any connection, use orcustomer if the City Manager
determines that such increase is necessary to protect the public health, safety and welfare or to
spread equitably among the water users of the City the burdens imposed by the water shortage
and the resulting diminution of the City's supply. (Code 1971, § 23-201; Ord. No. 27-1985, § 1;
Ord. No. 18-2002 § 3 [part])
(4) Upon declaration of Stage Threee water shortage, increases in water rates for "extraordinary
water use" (Sections 25.16.010 and 25.16.020 and 25.16.021) shall be imposed as mandated by
the City of Aspen City Manager-up to the maximum rates defined in Section 25-28.040.
Section 3.
That Section 25.28.030 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth water shortages violations and sanctions, is hereby amended to read as follows.
Sec. 25.28.030. Violations and sanctions.
(a) If and when the City Council, Water Department or police department become aware of any
violation of any mandatory restriction imposed under a Stage Two or Three water shortage as
described in this Chapter, a written notice shall be placed on the property where the violation
occurred and mailed to the person who is regularly billed for water service where the violation
occurs and to any other person known to the City who is responsible for the violation or its
correction. Said notice shall describe the violation and order that it be corrected, cured or abated
immediately or within such specified time as the City Manager determines is reasonable under
the circumstances. If said order is not complied with, the Water Department may disconnect the
service where the violation occurs. This provision also applies to any water waste pursuant to
the definition provided in Section 25.20.020 regardless of whether a Stage One, Two or Three
water shortage has been declared by City Council.
(b) A fee of five hundred dollars ($500.00) shall be paid for the reconnection of any service
disconnected pursuant to Subsection (a) above during Stage Two.
(c) A fee of one thousand dollars ($1,000.00) shall be paid for the reconnection of any service
disconnected pursuant to Subsection (a) above during Stage Three. Furthermore,no service
disconnected pursuant to Subsection (a) above during Stage Three shall be reconnected unless a
device furnished by the Water Department is installed to 1 restrict the flow of water to said
service. (Code 1971, § 23-202; Ord. No. 27-1985, § 1; Ord. No. 18-2002 § 3 [part])
Section 4.
That Section 25.28.040 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth water shortages monthly rates, is hereby amended to read as follows.
Sec. 25.28.040. Monthly rates for water shortages.
Unless an alternative system of charges is adopted by City Council, the following temporary
rates will be in effect during the time that City Council declares a water shortage.
(a) A variable charge for the first and second tier of water consumption shall remain the same
unless otherwise directed by the City of Aspen City Manager with a minimum of a 48-hour
notification of the rate change via Public Notice on local radio and within daily local newspaper
publications.
(b) A variable charge not to exceed a maximum of 175% of the existing per thousand gallons
rate for tier three shall go into effect after a minimum of a 48-hour notification of this rate
change by City of Aspen City Manager via Public Notice on local radio and within daily local
newspaper publications.
(c) A variable charge not to exceed a maximum of 200% of existing per thousand gallons rate for
tier four shall go into effect after a minimum of a 48-hour notification of this rate change by City
of Aspen City Manager via Public Notice on local radio and within daily local newspaper
publications. (Ord. No. 18-2002 § 3 [part])
(d) Rates for Bulk Water Sales to other water districts will be adjusted by City Manager in
accordance with contract terms addressing rate increases.
Section 5.
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
Section 6.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 7.
This ordinance shall be effective as of the 14th day of June, 2012.
Section 8.
A public hearing on this ordinance shall be held on the 14`d day of May, 2012, 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 QRDERE PUBLISHED as provided by law, by the City Council
of the City of Aspen on the3 day of , 2012.
Attest:
. 1,744/1041..*WA"
Kathryn S.p'och,City Clerk. Michael C. Ireland,Mayor
FINALLY, adopted, passed and approved this 1E1" day of 4(1 ,2012.
Atte
it/ems
Kathryn S. ` och, City Clerk Michael C. Ireland,Mayor
Approved as to form:
City Attorney.
P9J11 Ls, I •••••■••■•••■•• ••■■
7820514 c 2-o 12
Ad Ticket#5
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Acct.. 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail:
Client:
Caller: Kathryn Koch City: Aspen
Receipt State: CO Zip: 81611
Ad Name: 7820514A Original Id: 0
Editions: 8ATI/8ATW/ Class: 0990
Start: 04/26/12 Stop: 04/26/12
Color: Issue
Copyline: atw Ordinance 15 - 1st Read Rep: AT Legals
LEGAL NOTICE
Lines: 18 ORDINANCE #15, 2012 PUBLIC HEARING
Depth: 1.51 Ordinance #15. Series of 2012. was adopted on
first reading at the City Council meeting April 23.
Columns: 1 2012. This ordinance, if adopted. will am end
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D Chapter 25 water shortages. The public hearing
iscount: 0- . O. 0
on this ordinance is scheduled for May 14, 2012 at
Commission: 0.00 5 PM. City hall, 130 South Galena.
Net: 0.00 To see the entire text, go to the city's legal notice
website http: //www.aspenpitkin.com/Departments
Tax: 0.00 /Clerk/Legal-Notices/
Total 11'1 ° 9 If you would like a copy FAXed or e-mailed to you
Call the city clerk's office. 429-2686.
Payment 0.00
Published in the Aspen Times Weekly on April 26.
2012. [7820514]
Ad shown is not actual print size
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