HomeMy WebLinkAboutordinance.council.030-12 ORDINANCE NO. 30
Series of 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 25
OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND SECTION 25.08, GENERAL
PROVISIONS; SECTION 25.12, UTILITY CONNECTIONS; SECTION 25.16, WATER RATES AND
CHARGES;AND, SECTION 25.04.110 DEPOSIT FOR ELECTRIC SERVICE.
WHEREAS,the City Council has adopted a policy of requiring all users of the water system 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 a cost-of-service rate system should be implemented that
addresses the specific costs associated with delivering water to specific customer groups and that this cost-of-service
approach should be phased in over a number of years;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 25.08.060 of the Municipal Code of the City of Aspen, Colorado, which section sets forth
definitions,is hereby amended to read as follows:
Sec.25.08.060.Definitions.
The following definitions shall apply under this Chapter concerning water service:
(a) Annual water budget means those direct and indirect expenditures and costs, including debt
service, required to provide water service in the coming year, as documented in the annual
budget.
(b) Building permit or plumbing permit means the permit or permits issued pursuant to Title 8 of
this Code or by Pitkin County, Colorado pursuant to County building regulations.
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(c) Carriage of untreated water rights means those rights held by a water user other than the City
of Aspen and conveyed through a ditch, pipeline or other series of water conveyance facilities
owned and/or operated by the City of Aspen. Rates charged for conveyance of this water are
referred to as"carriage"rates for raw water.
(d) Comprehensive water management plan means the comprehensive water management plan
for the City as initially prepared and adopted in 1980 and as thereafter revised and updated.
(e) Director of water treatment and supply, Director, Water Superintendent or Superintendent,
Director of Utilities means the Director of the City of Aspen Water Utility, who, under the
direction of the City Manager, has charge of all facilities of the Aspen water utility and has
the duty to supervise the utility and to maintain and control the same.
(f) Equivalent capacity unit(ECU) means a unit reflecting that part of the capacity of the
water system necessary to serve a standard water customer, with multiples or
fractions of the unit including a maximum number and type of water fixtures, a
maximum irrigated area, certain cooking facilities or other water demand factors.
(g) Hook-up charge means a charge based on a new customer's line size to recover
certain costs of making a physical connection to the water system.
(h) Utility connection permit means permission by the City to physically connect to the
water system or to change the use of any existing connection and any additional
contractual terms which may be imposed.
(i) Utility investment charge means a charge to recover certain capital costs allocated to
new customers which charge is based on a new customer's ECU rating and billing
area factor.
(j) Water demand factor or fixture means any of the water demand factors or fixtures set
forth in Subsections 25.08.090(a) or (b) below.
(k) Water Department means the department of the City under the supervision of the
Director of Utilities.
(1) Water service billing area, billing area or area of water service billing means an area
established by the City Water Department for purposes of calculating and assessing
tap and/or other water service fees. The designation of a water service billing area as
provided for in this Title shall not be construed as an offer, obligation, exclusive
right, willingness or ability to serve any customer, prospective customer or
geographical area with municipal water or water services.
(m) Water service or utility service means any connection to the water system and shall
include but is not limited to all requirements service, irrigation only, fire protection
only and irrigation and fire protection only service.
(n) Water system, City water system, water utility, municipal utility system, municipal
water utility system or City water utility means the City water utility as defined in
Section 25.08.010. (Code 1971, § 23-41; Ord. No. 27-1985, § 1; Ord. No. 39-1993, §
1)
Section 2.
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That Section 25.08.070 of the Municipal Code of the City of Aspen,Colorado,which section sets forth billing areas
and billing area factors, is hereby amended to read as follows:
Sec.25.08.070. Billing areas and billing area factors.
(a) The billing areas of the Water Department shall be known as follows:
Billing area Name
1 Central Aspen
2 Eastside
3 Northside
4 Westside
5 Maroon/Castle Creeks
5A Moore Project Highlands Base Area
6 Airport
7 Music School
8 Reserved
A customer shall be located in the billing area in which either the customer's point of connection to the water
system is located or in which the customer consumes any water. Where a customer's point of connection and
any point of consumption are in different billing areas,the customer shall be located in one of the areas at the
Water Department's discretion.
(b) Annual debt service and other annual fixed costs approved for the water system shall be allocated among
billing areas in accordance with the following weighting factors:
Billing area Weighting Factor
1 1.00
2 2.00
3 2.00
4 1.25
5 1.75
5A 1.75
6 2.00
7 1.50
(c) The billing area weighting factors in Subsection (b) above shall be applied in calculating the
demand and fire protection charges, as well as utility investment charges, under Sections 25.16.010; 25.16.020;
and, 25.12.040, except as otherwise provided herein. (Code 1971, § 23-42; Ord. No. 27-1985, § 1; Ord. No.
34-1988, §§ 4, 5; Ord. No. 39-1993, § 2; Ord.No. 41-1998, § 2)
Section 3.
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That Section 25.08.080 of the Municipal Code of the City of Aspen, Colorado, which section sets forth rate
reviews,is hereby amended to read as follows:
Sec.25.08.080. Rate reviews.
(a) The monthly demand, fire protection, variable and pumping charges in Sections 25.16.010 and 25.16.020
shall be set annually in accordance with rate setting principles adopted by the American Water Works
Association as necessary to recover the cost of service and with the following criteria:
(1) The expected annual revenue from all such monthly charges plus the expected annual
revenue from utility investment charges shall be approved by City Council annually.
(2) The monthly demand and fire protection charge per customer shall be based upon:
(a) The customer's ECU rating.
(b) The customer's billing area factor.
(c) The applicable rate per ECU established by City Council for the appropriate
calendar year.
(3) Rate setting shall establish a sufficient reserve fund.
(4) The monthly variable charge per customer shall be based upon:
(a) The thousands of gallons of ordinary water used by the customer during the monthly
meter reading cycle at the rate established by City Council. In establishing the unit
cost of water,the cost of service will be considered by Council.
(5) The monthly pumping charge per customer shall be based upon:
(a) The thousands of gallons delivered to the customer via pumping during the
monthly meter reading cycle.
(b) The number of pump stations required to deliver water to the customer.
(c) The rate established by City Council.
(b) 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 affected billing area(s) 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
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and rate schedule. The City Council may adjourn and reconvene said hearings as necessary. 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 necessitating 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.
(Code1971, §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;Ord.No.35-2011, §1)
Section 4.
That Section 25.08.090 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
equivalent capacity units, is hereby amended to read as follows:
Sec.25.08.090. Equivalent capacity units.
(a) All water service shall be rated by the Water Department in accordance with the following
table: (1)LONG-TERM RESIDENTIAL(Occupancy extending more than one(1)month):
ECU
1 st full bath 0.36
2nd full bath 0.24
Each additional full bath 0.12
Each kitchen(full cooking facilities) 0.25
Each kitchenette(modest cooking facilities) 0.15
Each bedroom 0.10
(2) LODGING BEDROOMS (Occupancy per person extending less than one(1)month):
ECU
Each bedroom with no bath or cooking 0.45
facilities,but with dormitory style
bathrooms in hallways
Each bedroom with no bath,but with 0.60
modest cooking facilities and dormitory
style bedrooms in hallways
Each bedroom with full bath but no 0.55
cooking facilities
Each bedroom with full bath and wet bar 0.65
(microwave and under the counter
icebox)
Each bedroom with full bath and 0.70
modest cooking facilities
(3) SHORT- OR MIXED-TERM RESIDENTIAL(Occupancy per person extending less than one
(1)month):
ECU
ach full bath 0.36
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Each kitchen(full cooking facilities) 0.25
Each bedroom 0.30
(4) IRRIGATION:
Sprinkler
Systems Credit
(Spray Drip Systems subje
to
Nozzles) Standard ct
verl fi
Standard Allowance in cation
Allowance in Number of that
Sq.Ft.-Each Drip Emitters utility
Credit 1 for Conversion of Minimum Add'1 100 ft2 Each Add'I conne
Existing Hose Bibs/Yard Hydrant Irrigation ECU Assessed at Emitter at ction
(Hose Bib w/Irrigation) Line Size Rating 0.10 ECU's .001 ECU's fees
app
Up to 3/4" 1't Hose 2"a Hose ab ehc
Yard Hydrant Bib Bib at
Each bib hose in time of
addition to install
sprinkler system ation
(fixed piping/ were
spray or drip paid.
emitters, i e,
hose bib
w/irrigation) N/A N/A N/A Any 0.05 N/A N/A
Hose bib only
(ie,hose bib for
irrigation)
1 st hose bib N/A N/A N/A Any 0.20 N/A N/A
2nd hose bib N/A N/A N/A Any 0.10 N/A N/A
3rd hose bib N/A N/A N/A Any 0.05 N/A N/A
Yard Hydrant Up to
N/A N/A '/4" 0.50 N/A N/A N/A
Sprinkler
System
On house Up to
meter 0.50 0.20 0.10 '/4" 0.30 3,000 ft2 N/A
Drip System 300 drip
On house emitters
meter 0.50 0.20 0.10 Up to'/4" 0.30 N/A
Sprinkler or
Drip System
On separate
meter N/A N/A N/A Up to'/4" 1.00 10,000 ft2
1,000 drip
emitters
N/A N/A N/A 1" 2.00 20,000 ft2 2,000 drip
emitters
N/A N/A N/A 1'h" 4.00 40,000 ft2
N/A N/A N/A 2" 8.00 80,000 ft2 Large
N/A N/A N/A 3" 20.00 200,000 ft2 systems rated
N/A N/A N/A 4" 30.00 300,000 ft2 individually
N/A N/A N/A 5" 60.00 600,000 ft2
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(5) RESTAURANTS: Each seat: 0.08 ECU. *Note: Temporary public seating for restaurants will
be charged at an annual rate of ten dollars and zero cents($10.00)per seat to be paid once a year at
time of permitting.
(6) NONPROFIT CAFETERIA(including school cafeterias): Each seat: 0.048 ECU 1 st 25/0.024
ECU thereafter.
(7) OFFICE SPACE: Each one hundred(100)square feet: 0.02 ECU.
(8) RETAIL SPACE: Each one hundred(100) square feet: 0.01 ECU.
(9) COMMERCIAL RECREATIONAL FACILITIES: Each customer: 0.05 ECU.
(10) NONPROFIT RECREATIONAL FACILITIES (including school gyms): Each
customer/pupil: 0.048 ECU 1 st 25/0.024 ECU thereafter,
(11) THEATERS,AUDITORIUMS, CONVENTION HALLS AND ASSEMBLY PLACES: Each
10 seats: 0.080 ECU year round/0.048 ECU summer.
(12) SCHOOL ROOMS (not including cafeteria, kitchens, gyms, auditoriums and administrative
office space): Each pupil: 0.04 ECU 1st 25/0.02 ECU thereafter.
(13) WAREHOUSE OR INDUSTRIAL SPACE: Each one thousand (1,000) square feet: 0.15
ECU.
(14) GAS STATIONS: Each service or lubrication bay: 0.25 ECU.
(15) CAR WASHES: Each manual washing bay: 0.95 ECU/each automatic washing bay: 1.45
ECU.
(16) HOSPITALS,NURSING HOMES, SANITARIUMS, AND DETENTION CENTERS: Each
bed: 0.50 ECU.
(b) The Water Department shall establish fixture or irrigated area maximums for all ECU ratings under
Subsection (a). For all fixtures or irrigated area in excess of said maximums, the Water Department shall
increase the ECU rating in accordance with the following table:
ECU
Toilet/urinal 0.05
Mop/laundry sink(per compartment) 0.05
Kitchen sink(per compartment) 0.05
Lavatory sink(per compartment) 0.02
Combo toilets(toiletibidet,toilet/lav) 0.07
Bar sink(per compartment) 0.05
Garbage disposal 0.05
Household dishwasher 0.10
Commercial dishwasher(per''/R"of supply line diameter) 0.10
Dishwasher drawer(single) 0.05
Steamer oven 0.05
Household clothes washer 0.10
Commercial clothes washer(per'/8"of supply line diameter) 0.10
Commercial icemaker(per''/R"of supply line diameter) 0.05
Tub/shower(combined or separate) 0.05
Bidet 0.05
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Wet saunas 0.08
Humidifiers 0.05
Jacuzzi(per 100 gal.of capacity) 0.02
Hot tub/spa pool(per 100 gal.of capacity) 0.01
Swimming pool(per 1,000 gal.of capacity):
Summer use only(6 month maximum) 0.01
Year-round use 0.02
100 sq.ft.irrigation:
Hose bib/no separate sprinkler system 0.01
Yard hydrant
Sprinkler systems 0.015
Industrial process or waste water(not served by sanitary sewer):
Each 1,000 gal./day non-consumptively used 1.50
Each 1,000 gal./day consumptively used 3.90
Fountains:
Non-continuous drinking 0.05
Continuous drinking 0.50
Non-recycling 0.50
decorative Recycling 0.10
Water softener(per ECU):
Residential 0.02
Commercial 0.01
Fire protection sprinkler heads 0.00
(c) In the event that the water service cannot be adequately rated under the tables in Subsections (a)
and (b) or if there are unusual or special circumstances warranting a special ECU rating, the service may be
rated as determined by the Water Department at the customer's expense. The Water Department may also
adjust the ECU rating of any water service if the metered demand of such service differs substantially from
the ECU rating under Subsections (a) and(b).
(d) In no event shall the ECU rating be less than the following minimums:
Line Size Minimum ECU Rating
'/4" 1.0
1" 2.0
1'/4" 3.0
1'/2" 4.0
2" 8.0
4" 20.0
6" 30.0
8" 60.0
For line sizes larger than six (6) inches, the minimum ECU rating shall be determined by the
Water Department after consultation with the City Manager.
(e) The ECU rating per customer pursuant to Subsections (a), (b), (c) or (d) shall be applied in
calculating utility investment charges under Section 25.12.040 and in calculating monthly demand,
extraordinary water use, and fire protection charges under Sections 25.16.010 and 25.16.020. (Code 1971, §
23-44; Ord. No. 27-1985, § 1; Ord.No. 36-1995, § 1; Ord.No. 43-1996, § 16)
Section 5.
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That Section 25.12.010 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
connections to municipal utility system, is hereby amended to read as follows:
Sec 25.12.010. Connection to municipal utility system
All buildings, structures, facilities, parks or the like within the City limits which use water shall be
connected to the municipal treated water utility system. No person shall connect an independent water
supply onto the municipal water utility system. Except pursuant to a written agreement with the City, raw
(untreated) water service, if any, serving properties within the City limits shall be provided only by the City,
and no person shall install or use a well or other untreated water system, even if it is not connected to the
municipal water utility system. -(Code-1971, § 23-55, Ord.No. 27-1985, § 1)_
Section 6.
That Section 25.12.020 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
application process for utility service, is hereby amended to read as follows:
Sec.25.12.020. Application for utility service.
(a) Where both the utility service connection and all points of consumption are within the corporate
limits of the City, this shall be considered to be a utility service within the corporate limits of the City and shall
be made as provided in this Chapter and in accordance with the Aspen Area Community Plan and City Council
resolutions relating to water policies and operating procedures, as such exist at the time of the request for
connection.
(b) Every extension of water service where either the utility service connection or any point of
consumption is outside the corporate limits of the City shall be considered an extraterritorial tap and shall be
made only pursuant to agreement with the City, in accordance with the City water main extension policy and
consistent with the Aspen Area Community Plan and City Council resolutions relating to water policy and
operating procedures as such exist at the time of the request for connection, and such extraterritorial service
must be approved by City Council ordinance as required by the Charter. The City shall not be obligated to
extend water service outside the corporate limits of the City and may grant water service only upon a
determination that no conflict exists between the best interests of the City, as expressed in the Aspen Area
Community Plan and as otherwise determined by the City Council and the prospective water use. The City
may impose such contract, water rights dedication, system development fees, and bond requirements as it
deems necessary to safeguard the best interests of the City. An individual extraterritorial connection(including
a fire hydrant) made to an existing City water main, pursuant to Water Department procedures for such
connections, is deemed to be an extraterritorial water connection approved by City Council without the need
for further City-Council ordinance.
(c) Any person who desires to connect to the municipal water utility system or who is already
connected to the municipal water utility system and intends to add or change a water demand factor or fixture
shall file an application for utility service provided in Subsections (e) and (f) of this Section and pay all fees
prior to obtaining a required building or plumbing permit. If no building or plumbing permit is required, the
application shall be made prior to making the connection or to adding or changing the water demand factor or
fixtures. All utility investment charges, system development fees, hook-up charges, water main extension
costs and water rights dedication or fees in lieu of water rights dedication shall be due and payable upon
making the application unless prior written approval is obtained from the Water Department for a different
method of payment.
(d) Persons seeking an alternate method of payment of the assessment fee(s), shall make written
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application to the Water Department specifying the method of payment and all related forms. The Water
Department upon review of the application, shall either approve, disapprove or modify the proposal to satisfy
Water Department needs.
(e) Applications for utility service shall be made in writing to the Water Department on such forms as
the Water Department may prescribe. Except as provided in Subsection (f) of this Section, application must be
made by the owner of the property to be served or his or her duly authorized agent, designating the property,
stating the purpose for which the water may be required and stating the ECU rating associated with such
purpose.
(f) Any person not an owner may apply to the Water Department for utility service to property which
said person occupies but does not own. The application shall state the location of the property, the purpose
for which water is required and the interest of the applicant in the property. The Director of Utilities
may, in the exercise of his or her discretion, accept the non-owner application for utility service and may
impose such conditions as it sees fit with regard to the account, including the furnishing of a deposit.
(g) A utility connection application shall be required, utility investment charges shall be assessed and,
where appropriate, water rights dedication (or payment in lieu of water rights dedication) shall be required for
any new or expanded use of water, whether or not such new or expanded use requires a new or enlarged
utility service connection. (Code 1971, § 23-56; Ord. No. 27-1985, § 1; Ord. No. 8-1988, § 1; Ord. 39-1993,
§ 4; Ord.No. 16-1994, §§ 1, 2)
Section 7.
That Section 25.12.030 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
utility connection permit requirements, is hereby amended to read as follows:
Sec. 25.12.030. Utility connection permit.
(a) No utility connection permit shall be issued, except pursuant to this Section unless the utility
connection permit is issued and paid for pursuant to a phasing agreement, prepayment agreement or other
agreement with the City to the contrary.
(b) No utility connection applicant shall receive a utility connection permit for a new utility service
prior to the issuance of a building or plumbing permit for the structures or fixtures for which water service is
requested. The addition of any water demand factor or fixture or change of service of an existing connection
shall require a utility connection permit.
(c) It shall be unlawful for any person not authorized by this Chapter to make any connection to any
main of the water utility or for any unauthorized person to connect to the water utility or for any person to add
a water demand factor or fixture or to change service contrary to the provisions of this Chapter.
(d) All utility connection permits as required by this Chapter shall be issued by the Water Department
and shall set forth all those requirements specified in Subsections 25.12.020(e) and (f). The Water Department
keep a duplicate or record of all utility connection permits issued.
(e) Any permit issued pursuant to this Section shall expire upon failure to make the authorized utility
connection by the time of expiration of the building or plumbing permit for the structures or fixtures proposed
to be serviced. In the event of expiration of a utility connection permit, the applicant, upon request, shall be
refunded any utility connection charges not expended by the City for the benefit of the applicant. No interest
on any unspent charges shall be paid. (Code 1971, § 23-57; Ord.No. 27-1985, § 1)
Section 8.
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That Section 25.12.040 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
utility investment charges(tap fees)and system development charges, is hereby amended to read as follows:
Sec.25.12.040. Utility investment charges(tap fees)and System Development Charges.
(a) The utility investment charge per each equivalent capacity unit(ECU) for each billing area shall be
as set forth in Subsection(d)of this Section.
(b) The total utility investment charge for a customer shall be the customer's ECU rating multiplied by
the charge in Subsection(d).
(c) Before any water is furnished, pursuant to a utility connection application and permit, Water
Department personnel shall inspect the property designated on the application and shall certify on the
application that the ECU rating on the application equals the ECU rating for the property as developed. Prior to
inspection, water may only be furnished to the property for construction purposes upon proper payment
therefor. If the ECU rating for the property as developed is less than the ECU rating on the application, the
applicant shall be entitled to a refund of any overpayment of the total utility investment charge, but no
refund shall be made of any utility hookup charge or of any water main extension costs, water rights dedication
fees, interest on any overpayment or other connection costs because of a reduced ECU rating. If the ECU rating
of the developed property is greater than the ECU rating on the application and no larger or additional
connections are made, no water shall be furnished until the deficit in the total utility investment charge has
been paid. If a larger or additional connection is made, no water shall be furnished until the deficits in the total
utility investment charge, the utility hookup charge and all other applicable charges and fees, have been paid.
In every case, the Utility Connection Permit shall be amended as necessary to reflect the final ECU rating for
the property, and the connections.
(d) Utility investment charges (tap fees) are computed as follows:
(i) For the purpose of utility investment charge computation the following fees shall be
assessed per ECU effective January 1,2013:
Utility Investment
Billing Area Charges per ECU
Billing Area 1 $ 5,795.00
Billing Area 2 $11,590.00
Billing Area 3 $11,590.00
Billing Area 4 $ 7,243.75
Billing Area 5 $10,141.25
Billing Area 6 $11,590.00
Billing Area 7 $ 8,692.50
Billing Area 8 Reserved
The total utility investment charge shall be the utility investment charge per ECU multiplied by the number of
ECU points for the utility connection applied for by the applicant. (Code 1971, § 23-58; Ord. No. 27-1985,
§ 1; Ord.No. 54-1986, § 1;Ord.No. 34-1988, § 6; Ord.No. 19-1990, § 3; Ord.No. 39-1993, § 5)
(e) System development charges recommended by the Water Department may be authorized from time
to time by the City Council. System development charges are fees intended to provide for additional water
system development that is intended to enhance the reliability of City water service to all customers, and may
include,for example, well system development fees or plant investment fees.
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Section 9.
That Section 25.12.060 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
utility hookup charge, is hereby amended to read as follows:
Sec.25.12.060. Utility hookup charge.
(a) A utility hookup charge shall be paid to the City to recover the cost of labor and equipment
required to make a tap. The utility hookup charge shall be as follows:
Line Size Hookup Charge
3/4 inch $600.00
1 inch $600.00
1'/2 inch $800.00
2 inch $800.00
4 inch $1,200.00
6 inch $1,800.00
8 inch $1,800.00
(b) In addition to the costs listed above, the cost of the corporation stop and other materials used in
making the tap shall be charged at the actual cost of materials plus a twenty-five percent (25%) handling and
stocking charge. The cost of the installation of the corporation stop shall also be included. The water user
shall furnish and pay for all other materials, labor and all expenses in and about the making of all connections
with the main, including all costs of the service lines and meter installations, except for the specific costs
included in the utility hookup charge in this Section.
(c) If warranted by unusual or special circumstances, the Water Department may impose special
utility hookup charges. (Code 1971, § 23-61; Ord. No. 27-1985, § 1; Ord.No. 11-1988, § 1; Ord. No. 53-1995,
§ 21)
Section 10.
That Section 25.12.070 of the Municipal Code of the City of Aspen, Colorado,which section sets forth
additional service;fixtures;credits,is hereby amended to read as follows:
Sec.25.12.070. Additional service; fixtures; credits.
(a) No additional service, change of fixtures or demand factors or change in use of an existing utility
connection may be made without application and a utility connection permit issued therefor by the
Water Department pursuant to this Chapter. Utility connection permits may be subject to conditions necessary
to protect the best interests of the city water utility, including a requirement that a larger tap be installed.
(b) Any additional service, change of fixtures or demand factors or changes in use shall be subject to
payment of a utility investment charge (tap fee) and applicable system development charge, based upon the
additional ECU rating associated with such additional service, change of fixtures or demand factors or change
in use. In no event shall there be any refund or reimbursement under this Section for a reduction in the ECU
rating for any utility service. If a larger utility service connection is required, the utility hookup charge shall
be assessed as for a new utility service connection.
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(c) In the calculation of the utility investment charge and applicable system
d e v e l o p m e n t c h a r g e to be paid by the owner of residential or commercial structures, which are
to be substantially remodeled or rebuilt, the utility investment charge and applicable system development
charge shall be the charge determined in accordance with Section 25.12.040 for the completed structure, minus
the amount of any utility investment charges and system development charges actually previously paid by the
landowner or the predecessor of the landowner for connection of water service to the existing structure or
structures on the property. Where structures are not substantially remodeled or rebuilt but are merely
renovated or less than substantially remodeled the utility investment charge and system development
charge shall be the charge determined in accordance with Section 25.12.040 for a new connection having
an ECU rating equal to the difference between the new ECU rating of the structure and the former ECU
rating of the structure; provided, however, that new water conserving devices are installed in the structure
which meet the City standards for new water using devices.
(1) "Substantial remodel" shall be defined as the increase by fifty percent(50%) in the water using
capacity of new water using devices or fixtures installed on a property, as measured by the ECU rating
of the existing and proposed structure(s).
(2) "Rebuilt" shall be defined as the removal and total reconstruction of a structure on a particular
piece of property.
(3) The calculation for the credit to be given for property on which the structures are substantially
remodeled or rebuilt shall take into account the amount actually paid for utility investment charges
(tap fees) and system development charges in the records as maintained by the City. If no such records
are maintained or it is impossible to determine the credit to be given, the credit shall be as calculated by
the Water Department,taking into account the following in addition to other criteria deemed relevant:
a. Size of the water main servicing the area;
b. Size of the service line to the property;
c. Size of the meter installed;
d. Age and use of the building;
e. Date of original connection to the city water service;
f. History of fixture installations and upgrades;
g. Fees charged to similarly situated customers
h. Any verifiable and relevant records of the applicant;
i. Consideration other than money (e.g., water system upgrades, easements or water rights)
given to the City in exchange for the charge for utility connection or net benefit to the water
system; and,
J. Unamortized capital expended for improvements to the system since the date of
connection which has not been recovered by the water rates paid by the landowner.
(4) In the event the landowner disputes the amount of credit to be given, he or she shall request
and pay the costs of arbitration of the issue by the manager of the Aspen Consolidated Sanitation
District. The conclusion of the arbitrator shall be final if the land is located within the incorporated
limits of the City. The City, at its sole discretion, may decline to connect or increase water service for
customers outside of the City at the credit established by the arbitrator. (Code 1971, § 23-62; Ord. No.
27-1985, § 1; Ord.No. 19-1990, § 1)
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Section 11.
That Section 25.12.080 of the Municipal Code of the City of Aspen, Colorado,which section sets forth
oversized tap;fire protection system, is hereby amended to read as follows:
Sec.25.12.080. Oversized tap; fire protection system.
(a) If a utility service connection larger than that determined in Section 25.12.060 above is desired, the
enlarged connection may be installed upon approval by the Water Department and upon payment of the
applicable utility investment charges, system development charges, and hook-up charges and upon the issuance
of a utility connection permit.
(b) hi the event a larger size utility service connection is necessary for a private fire protection system,
the utility investment charge and system development charge shall be computed only upon the ECU rating for
the building exclusive of the fire protection system. Nothing herein shall, however, relieve the water user
from paying the full utility hookup charge, including cost of the tap, all pipes, valves, valve boxes and meter.
(Code 1971, § 23-63; Ord.No. 27-1985, § 1)
Cross-reference—Fire Prevention and Protection,Title 11.
Section 12.
That Section 25.12.090 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
requirements for service lines; location of curb stops, is hereby amended to read as follows:
Sec.25.12.090. Requirements for service lines; location of curb stops.
(a) All water service lines shall be laid at least seven (7) feet below the existing grade of the street or
ground.
(b) No service line shall be covered prior to inspection and approval by the Water Department.
(c) All service lines shall have a copper thaw wire of not less than number four (4) gauge 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 line.
(d) No connection inserted in or connected with the service line shall have an inside diameter of less
than three-quarters (3/4) of an inch and every tap shall be made of brass. T h e s e r v i c e line shall be of
heavy serviceable copper; provided that a substitute material may be permitted by the Water Department, in its
sole discretion, on written request. The service line 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 an alley, then the curb stop shall be placed just outside the lot line or at such
point as the Water Department shall direct, so that the same shall be accessible to the Water Department for the
purpose of turning on or shutting off water without entering on private premises. (Code 1971, § 23-64; Ord.
No. 27-1985, § 1)
Section 13.
That Section 25.12.100 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
single utility connections serving more than one building, is hereby amended to read as follows:
Sec.25.12.100. Single utility connections serving more than one building.
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(a) In all cases where service lines have been constructed from a single utility connection to different
houses, buildings or premises and a separate curb stop accessible to the Water Department has been placed on
the line 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. A Shared Water Service Line
Agreement will be executed and filed for these instances.
(b) No connection with the water utility or use of water shall be made through any extension of the
service line serving any other premises except as provided in this Section.
(c) Nothing herein shall be construed to relieve any water utility applicant from paying any charge
attributable to the new or increased water service. (Code 1971, § 23-65; Ord. No.27-1985, § 1)
Section 14.
That Section 25.12.110 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
barricades and safety measures for excavations, is hereby amended to read as follows:
Sec.25.12.110. Barricades and safety measures for excavations.
All excavations in the street with regard to the water service shall be made in conformity to this Code
and other ordinances of the City and suitable barricades and guards shall be placed around such excavation and
shall be sufficient to protect all persons from injury and damage and sufficient warning lights shall be kept
illuminated near such excavations from twilight until sunrise in order to protect all persons from injury or
damage thereby. The person making such excavations shall be liable for all injuries or damages resulting from
his or her failure to comply with this section. (Code 1971, § 23-66; Ord.No. 27-1985, § 1)
Section 15.
That Section 25.12.120 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
testing of completed connection, is hereby amended to read as follows:
Sec.25.12.120. Testing of completed connection.
When any utility connection for water service has been completed and the service is found to comply
with the provisions of this Chapter, the Water Department shall test the connection to determine that the
connection and service are in proper operating condition. No water shall be turned on to make this test by
anyone except the Water Department or a person acting under its order. (Code 1971, § 23-67; Ord. No. 27-
1985, § 1)
Section 16.
That Section 25.12.130 of the Municipal Code of the City of Aspen, Colorado,which section sets forth
maintenance of service lines and fixtures,is hereby amended to read as follows:
Sec.25.12.130. Maintenance of service lines and fixtures.
The owner of any premises for which a utility connection is made shall at all times keep all service
lines, fixtures and appliances from the point of connection at the corporation stop to and on his or her
premises tight and in good working order so as to prevent any waste of water. In case any line or fixture shall
be found to leak water or be damaged, the owner shall forthwith 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 or her premises. If after notice to the owner by the Water Department to repair leaking or damaged
15
service lines, fixtures or related infrastructure, such repair is not made, the Water Department may have the
service lines, fixtures or related infrastructure repaired or replaced. Any costs incurred by the water utility in
so doing shall become a lien upon the premises and be satisfied against the same. (Code 1971, § 23-68; Ord.
No. 27-1985, § 1)
Section 17.
That Section 25.12.140 of the Municipal Code of the City of Aspen, Colorado,which section sets forth
notice to repair defective plumbing fixtures;discontinuance of service for failure to comply, is hereby amended to
read as follows:
Sec.25.12.140. Notice to repair defective plumbing fixtures; discontinuance of service for failure to
comply.
(a) If, at any time, the Water Department shall ascertain that the plumbing fixtures or appliances on any
premises are so defective as to waste water, the Water Department shall notify the user of the water or
his or her agent, to repair the same and if the same are not repaired within forty-eight(48) hours from the time
of such notice being served upon the water user or the agent, the Water Department may shut off the water
from the premises and immediately notify the customer.
(b) It shall be unlawful for any person to fail or refuse to comply with the order provided in this
Section. (Code 1971, § 23-69; Ord.No. 27-1985, § 1)
Section 18.
That Section 25.12.150 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
disconnections;maintenance of corporation stop,curb stop,curb box and meters, is hereby amended to read as
follows:
Sec.25.12.150. Disconnections; maintenance of corporation stop,curb stop,curb box and meters.
(a) In case any owner of premises on which water is used shall cease to use water and desires to
disconnect his or her premises, he or she shall not be permitted to remove the curb stop, curb box or meter and
appurtenances, except with permission from the Water Department. Corporation stops are the property of
the water utility and shall only be removed or operated by the Water Department.
(b) The owner of property serviced shall be responsible for the repair and maintenance of the service
line, curb stop, curb box and meter and is further responsible for insuring that none of the above become
damaged or inaccessible by reason of landscaping, foliage or construction of improvements on the premises.
(c) In such event a meter, remote and/or Meter Transmitting Unit (MTU) is damaged or concealed or
otherwise made inaccessible, the Water Department shall direct that the water user be billed the unmetered
rate for his or her water service until such time as the meter, remote and/or MTU is again made operable or
accessible by the owner. (Code 1971, § 23-70; Ord.No. 27-1985, § 1)
Section 19.
That Section 25.12.160 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
waivers and exemptions from utility investment charges for certain employee housing projects, is hereby amended to
read as follows:
Sec.25.12.160.Waivers and exemptions from utility investment charges for certain employee housing
projects.
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(a) Purpose. The purpose of this section is to identify those affordable housing projects that may be
eligible for exemption from and waivers of the utility investment charges and system development charges
when connecting to the City of Aspen's water system. There are three types of affordable housing
projects that are eligible for exemptions or waivers: (i) projects that are determined to be Qualified
Employee Housing as defined herein; (ii) affordable housing projects that are eligible to receive
Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code; and (iii) projects that
consist of a mix of affordable housing units subject to the Aspen/Pitkin County Housing Authority
Guidelines, as may be amended from time to time; and, unrestricted (free market) units. To be eligible
for an exemption or waiver pursuant to this section of the Municipal Code, a project shall have installed
in all units properly maintained and continuously operable water conservation devices and practices as
designated from time to time by the City Council by ordinance, resolution, or by regulations issued by
the City Manager or the Water Department.
(b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall be
defined as follows:
(i) Qualified Employee Housing shall be defined as publicly or privately constructed and owned
projects which:
• are not constructed for mitigation purposes or which receive any form of Affordable
Housing Credits such as those set forth at Chapter 26.540 of the Municipal Code; and
• are composed of one hundred percent(100%)employee housing units; and,
• are deed restricted to ensure that all units are subject to, and administered by, Aspen/Pitkin
County Housing Authority Guidelines, as may be amended from time to time; and,
• are maintained as qualified employee housing.
(ii) The Fee Waiver Schedule refers to the following schedule of the percent of the utility investment
charges that may be waived based upon the category of the units within the affordable housing project.
Housing Categories as referenced in the Aspen/Pitkin County Fee Waiver Level
Housing Authority Guidelines, as may be amended from time
to time.
Category 1 100%Fee Wavier
Category 2 70%Fee Waiver
Category 3 40%Fee Waiver
Category 4 0% Fee Waiver
Category 5 0%Fee Waiver
Category 6 0%Fee Waiver
Category 7 0%Fee Waiver
Resident Occupied 0%Fee Waiver
Free Market Units 0% Fee Waiver
(iii) Affordable and Free Market Mix shall be defined as a project that:
• consist of a mix of both deed restricted housing to ensure that all units are subject to the
Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and
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unrestricted housing(free market)units; and,
• were not constructed for mitigation purposes.
(c) Qualified Employee Housing. Qualified Employee housing shall be exempt from any utility
investment charges and system development charges when connection is made to
the City of Aspen's water system.
(d) Projects Receiving Affordable Housing Credits. Projects that receive Affordable Housing Credits
pursuant to Chapter 26.540 of the Municipal Code are eligible for a waiver of the percentage of the total
utility investment charge and system development charge as set forth in the Fee Waiver Schedule.
(e) Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market
Mix of units, and where no mitigation is required for these units or there is no association with free
market development, are eligible for a waiver of the percentage of the total utility investment charge and
system development charge as set forth in the Fee Waiver Schedule.
(f) Revocation of Exemptions and Waivers. In the event that Qualified Employee Housing units,
projects receiving Affordable Housing Credits, or projects that are considered Affordable and Free
Market Mix projects, receive an exemption or a waiver in accordance with this section, and thereafter
fail to continue being affordable housing units as contemplated herein; or, the water conservation
devices and practices are not be installed as required, are not properly maintained or continuously
operable, the developer of such units and the owners thereof shall be jointly and severally liable to
reimburse the City for the cost of the utility investment charges and system development charges
exempted by this Section. The City Manager shall establish a method of accomplishing this payment so
as not to be unduly burdensome on the developer or owners.
(g) Utility Connection Charge and System Development Charge Waiver - Single Occurrence. Utility
connection charge and system development charge waivers for employee housing exemptions are a
one-time occurrence at the time of project completion. Additions, remodels, and, or changes that
occur after original project completion will not receive a utility connection charge or system
development charge waiver, however a credit for the ECU's assigned to the specific employee housing
unit will be allowed against additional fees due to these improvements. (Ord. No. 8-1995, § 1; Ord. No.
36-1995, § 2; Ord.No. 13-2011)
Section 20.
That Section 25.16.0 10 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
monthly rates for metered water service,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
on a monthly basis the sum of charges one(1)through seven(7)that follow:
(1) Effective January 1, 2013, and through December 2017, a demand charge of four dollars and
fifty-seven cents($4.57) per ECU per month for Billing Area 1; nine dollars 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
18
($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; and, six dollars and eighty-six cents($6.86)per ECU per month for Billing Area 7.
(2) Effective January 1, 2013, and through December 2013, a variable charge of one dollar and
seventy-nine cents ($1.79) per thousand (1,000) gallons of the first five thousand (5,000) gallons of metered
usage per ECU per month. Effective January 1, 2014, and through December 2014, a variable charge of one
dollar and ninety cents($1.90) per thousand(1,000) gallons of the first five thousand (5,000) gallons of metered
usage per ECU per month. Effective January 1, 2015, and through December 2015, a variable charge of two
dollars and one cent ($2.01) per thousand (1,000) gallons of the first five thousand (5,000) gallons of metered
usage per ECU per month. Effective January 1, 2016, and through December 2016, a variable charge of two
dollars and thirteen cents ($2.13) per thousand (1,000) gallons of the first five thousand (5,000) gallons of
metered usage per ECU per month. Effective January 1, 2017, and through December 2017, a variable charge of
two dollars and twenty-six cents ($2.26) per thousand (1,000) gallons of the first five thousand (5,000) gallons
of metered usage per ECU per month.
(3) Effective January 1, 2013 and through December 2013, a variable charge of two dollars and
thirty-two cents($2.32)per thousand (1,000)gallons of metered usage from five thousand one (5,001)to fifteen
thousand (15,000) gallons per ECU per month. Effective January 1, 2014 and through December 201, a
variable charge of two dollars and forty-six cents ($2.46) per thousand (1,000) gallons of metered usage from
five thousand one (5,001) to fifteen thousand (15,000) gallons per ECU per month. Effective January 1, 2015
and through December 2015, a variable charge of two dollars and sixty-one cents ($2.61) per thousand (1,000)
gallons of metered usage from five thousand one (5,001) to fifteen thousand (15,000) gallons per ECU per
month. Effective January 1, 2016 and through December 2016, a variable charge of two dollars and seventy-
six cents ($2.76) per thousand (1,000) gallons of metered usage from five thousand one (5,001) to fifteen
thousand (15,000) gallons per ECU per month. Effective January 1, 2017 and through December 2017, a
variable charge of two dollars and ninety-three cents ($2.93) per thousand (1,000) gallons of metered usage
from five thousand one(5,001)to fifteen thousand(15,000) gallons per ECU per month.
(4) Effective January 1, 2013 and through December 2013, a variable charge of three dollars and
thirty-one cents ($3.31) per thousand (1,000) gallons for metered usage from fifteen thousand one (15,001)
gallons to twenty thousand (20,000) gallons per ECU per month. Effective January 1, 2014 and through
December 2014, a variable charge of three dollars and fifty-one cents ($3.51) per thousand (1,000) gallons for
metered usage from fifteen thousand one (15,001) gallons to twenty thousand (20,000) gallons per ECU per
month. Effective January 1, 2015 and through December 2015, a variable charge of three dollars and seventy-
two cents ($3.72)per thousand(1,000) gallons for metered usage from fifteen thousand one (15,001) gallons to
twenty thousand (20,000) gallons per ECU per month. Effective January 1, 2016 and through December 2016,
a variable charge of three dollars and ninety-four cents ($3.94) per thousand (1,000) gallons for metered usage
from fifteen thousand one (15,001) gallons to twenty thousand (20,000) gallons per ECU per month. Effective
January 1, 2017 and through December 2017, a variable charge of four dollars and eighteen cents ($4.18) per
thousand (1,000) gallons for metered usage from fifteen thousand one (15,001) gallons to twenty thousand
(20,000)gallons per ECU per month.
(5) Effective January 1, 2013 and through December 2013, a variable charge of four dollars and
ninety-six cents ($4.96) per thousand (1,000) gallons for metered usage in excess of twenty thousand (20,000)
gallons per ECU per month. Effective January 1, 2014 and through December 2014, a variable charge of five
dollars and twenty-six cents ($5.26) per thousand (1,000) gallons for metered usage in excess of twenty
thousand (20,000) gallons per ECU per month. Effective January 1, 2015 and through December 2015, a
variable charge of five dollars and fifty-seven cents ($5.57) per thousand (1,000) gallons for metered usage in
excess of twenty thousand (20,000) gallons per ECU per month. Effective January 1, 2016 and through
19
December 2016, a variable charge of five dollars and ninety-one cents ($5.91) per thousand (1,000) gallons for
metered usage in excess of twenty thousand (20,000) gallons per ECU per month. Effective January 1, 2017
and through December 2017, a variable charge of six dollars and twenty-six cents ($6.26) per thousand (1,000)
gallons for metered usage in excess of twenty thousand(20,000) gallons per ECU per month.
(6) Effective January 1, 2013 and through December 2013, a monthly pumping charge of one
dollar and twenty-five cents ($1.25) per thousand (1,000) gallons pumped with service through one (1) pump
station, two dollars and fifty cents ($2.50) per thousand (1,000) gallons pumped with service through two (2)
pump stations; and three dollars and seventy-five cents ($3.75) per thousand (1,000) gallons pumped with
service through three (3) pump stations. Effective January 1, 2014 and through December 2014, a monthly
pumping charge of one dollar and thirty-seven cents ($1.37) per thousand(1,000) gallons pumped with service
through one (1)pump station, two dollars and seventy-four cents($2.74) per thousand(1,000) gallons pumped
with service through two (2) pump stations; and four dollars and eleven cents ($4.11) per thousand (1,000)
gallons pumped with service through three (3) pump stations. Effective January 1, 2015 and through
December 2015, a monthly pumping charge of one dollar and forty-nine cents ($1.49) per thousand (1,000)
gallons pumped with service through one (1) pump station, two dollars and ninety-eight cents ($2.98) per
thousand(1,000) gallons pumped with service through two (2)pump stations; and four dollars and forty-seven
cents ($4.47) per thousand (1,000) gallons pumped with service through three (3) pump stations. Effective
January 1, 2016 and through December 2016, a monthly pumping charge of one dollar and sixty-two cents
($1.62) per thousand (1,000) gallons pumped with service through one (1) pump station, three dollars and
twenty-four cents ($3.24) per thousand (1,000) gallons pumped with service through two (2) pump stations;
and four dollars and eight-six cents ($4.86) per thousand (1,000) gallons pumped with service through three
(3) pump stations. Effective January 1, 2017 and through December 2017, a monthly pumping charge of one
dollar and seventy-seven cents ($1.77) per thousand (1,000) gallons pumped with service through one (1)
pump station, three dollars and fifty-four cents ($3.54) per thousand (1,000) gallons pumped with service
through two (2) pump stations; and five dollars and thirty-one cents ($5.31) per thousand (1,000) gallons
pumped with service through three(3)pump stations.
(7) Effective January 1, 2013 and through December 2013, a fire protection charge of one dollar
and forty-two cents ($1.42) per ECU per month for Billing Area 1; two dollars and eighty-four cents ($2.84)
per ECU per month for Billing Area 2; two dollars and eighty-four cents ($2.84) per ECU per month for
Billing Area 3; one dollar and seventy-eight cents ($1.78) per ECU per month for Billing Area 4; two dollars
and forty-nine cents ($2.49) per ECU per month for Billing Area 5; two dollars and eighty-four cents ($2.84)
per ECU per month for Billing Area 6; two dollars and thirteen cents ($2.13) per ECU per month for Billing
Area 7. Effective January 1, 2014 and through December 2014, a fire protection charge of one dollar and
fifty-four cents ($1.54) per ECU per month for Billing Area 1; three dollars and eight cents ($3.08) per ECU
per month for Billing Area 2; three dollars and eight cents ($3.08) per ECU per month for Billing Area 3; two
dollars and ninety-three cents ($1.93) per ECU per month for Billing Area 4; two dollars and seventy cents
($2.70) per ECU per month for Billing Area 5; three dollars and eight cents ($3.08) per ECU per month for
Billing Area 6; two dollars and thirty-one cents ($2.31) per ECU per month for Billing Area 7. Effective
January 1, 2015 and through December 2015, a fire protection charge of one dollar and sixty-eight cents
($1.68)per ECU per month for Billing Area 1;three dollars and thirty-six cents($3.36)per ECU per month for
Billing Area 2; three dollars and thirty-six cents ($3.36) per ECU per month for Billing Area 3; two dollars
and ten cents ($2.10) per ECU per month for Billing Area 4; two dollars and ninety-four cents ($2.94) per
ECU per month for Billing Area 5; three dollars and thirty-six cents ($3.36) per ECU per month for Billing
Area 6; two dollars and fifty-two cents ($2.52) per ECU per month for Billing Area 7. Effective January 1,
2016 and through December 2016, a fire protection charge of one dollar and eighty-four cents ($1.84) per
ECU per month for Billing Area 1; three dollars and sixty-eight cents ($3.68) per ECU per month for Billing
Area 2; three dollars and sixty-eight cents ($3.68) per ECU per month for Billing Area 3; two dollars and
thirty cents($2.30)per ECU per month for Billing Area 4; three dollars and twenty-two cents($3.22)per ECU
per month for Billing Area 5;three dollars and sixty-eight cents ($3.68)per ECU per month for Billing Area 6;
20
two dollars and seventy-six cents ($2.76) per ECU per month for Billing Area 7. Effective January 1, 2017
and through December 2017, a fire protection charge of two dollars ($2.00) per ECU per month for Billing
Area 1; four dollars($4.00)per ECU per month for Billing Area 2; four dollars($4.00)per ECU per month for
Billing Area 3; two dollars and fifty cents ($2.50) per ECU per month for Billing Area 4; three dollars and
fifty cents ($3.50) per ECU per month for Billing Area 5; four dollars ($4.00) per ECU per month for Billing
Area 6; three dollars ($3.00) per ECU per month for Billing Area 7. (Code 1971, § 23-101; Ord. No. 27-
1985, § 1; Ord. No. 48-1986, § 1[A]; Ord. No. 51-1987, § 1; Ord. No. 18-1988, § 1; Ord. No. 34-1988, § 1;
Ord. No. 19-1990, § 2; Ord. No. 39-1993, § 6; Ord. No.45-1999, § 16; Ord. No. 41-2004, §2 [part]; Ord. No.
7-2006, §2; Ord.No. 35-2011§2)
Section 21.
That Section 25.16.011 of the Municipal Code of the City of Aspen,Colorado,which section sets forth bulk
rates for metered water service, is hereby amended to read as follows:
Sec.25.16.011. Bulk rates for metered water service.
(a) Effective January 1, 2013, the demand charge for filler hydrant bulk water sales pursuant to
Subsection 25.08.020(e) shall be fifteen dollars($15.00)per use.
(b) Effective January 1, 2013, the variable charge for filler hydrant potable bulk water sales pursuant
to Subsection 25.08.020(e) shall be equivalent to fourth tier of monthly rate for metered water service set forth
in Sec. 25.16.010(5). (Ord. No. 41-2004, §3; Ord. No. 7-2006,
§ 3)
(c) Bulk rates for metered water service to Buttermilk Metropolitan District shall be calculated as
provided in the Bulk Sale Water Service Agreement between the City and Buttermilk Metropolitan District, as it
may be amended from time to time.
Section 22.
That Section 25.16.012 of the Municipal Code of the City of Aspen,Colorado,which section sets forth raw
water rates for general raw water accounts and non-pressurized accounts,is hereby amended to read as follows:
Sec.25.16.012. Raw water rates for general raw water and non-pressurized accounts.
(a) E f f e c t i v e J a n u a r y 1 , 2 0 13 , the demand charge for the filler hydrant bulk water
sales pursuant to Subsection 25.08.020(e) shall be fifteen dollars ($15.00)per use.
(b) Effective January 1, 2013, the variable charge for filler hydrant raw water bulk water sales pursuant
to Subsection 25.08.020(e) shall be equivalent to fourth tier of monthly rate for metered water service set forth
in Sec. 25.16.010 (5). (Ord.No. 41-2004, §4; Ord.No. 35-2011§3)
(c) The raw water rates for non-pressurized raw water irrigation accounts for unmetered service on a
per thousand(1,000) irrigated square foot basis to be billed prospectively on an annual basis at the start of each
irrigation season are as follows:
(d) Effective January 1, 2013 and through December 2013, the non-pressurized raw water rate is nine
dollars and sixty-five cents($9.65)per 1,000 sq. ft. per year. Effective January 1, 2014 and through December
2014, the non-pressurized raw water rate is ten dollars and forty-five cents ($10.45) per 1,000 sq. ft. per year.
Effective January 1, 2015 and through December 2015, the non-pressurized raw water rate is eleven dollars
21
and thirty cents($11.30) per 1,000 sq. ft. per year. Effective January 1, 2016 and through December 2016, the
non-pressurized raw water rate is twelve dollars and twenty cents ($12.20)per 1,000 sq. ft. per year. Effective
January 1, 2017 and through December 2017, the non-pressurized raw water rate is thirteen dollars and twenty
cents($13.20)per 1,000 sq. ft. per year.
(e) Carriage rates for raw water(refer to "Definitions" section), shall be the same as set forward in
Paragraph(d) above except where a valid contract for conveyance of the customer's own water rights provides
for a different rate.
Section 23.
That Section 25.16.013 of the Municipal Code of the City of Aspen, Colorado,which section sets forth raw
water rates for Thomas Raw Water line and other pressurized non-potable line accounts, is hereby amended to read
as follows:
Sec.25.16.013. Raw water rates for Thomas Raw Water and other pressurized non-potable line accounts.
(a) Raw water rates for accounts using the Thomas Raw Water line or any other pressurized, non-
potable water line accounts(including reclaimed water) shall be set in accordance with methods
established for cost recover recommendations by the American Water Works Association.
(b) Where specific rates are established by a valid contract for raw water service and such rates
result in a lower cost of service than that provided in Subsection 25.16.012(a), the contractual rate will
prevail.
(c) All water use from the system requires the installation of an operable water meter. Such uses in
place prior to 2009 shall install an operable water meter not later than January 20, 2009. (Ord. No. 41-
2004, §5)
(d) Provisions for billing are as follows:
(i) All pressurized raw water accounts shall have a working meter at the beginning of each
irrigation season, no later than April 15th. Metered rates for pressurized raw water
accounts are as follows:
Effective January 1, 2013 and through December 2013, the pressurized raw water rate
is one dollar and eleven cents ($1.11)per 1,000 gallons to be billed on an annual basis.
Effective January 1, 2014 and through December 2014, the pressurized raw water rate
is one dollar and twenty cents ($1.20)per 1,000 gallons to be billed on an annual basis.
Effective January 1, 2015 and through December 2015, the pressurized raw water rate
is one dollar and thirty cents ($1.30) per 1,000 gallons to be billed on an annual basis.
Effective January 1, 2016 and through December 2016, the pressurized raw water rate
is one dollar and forty-one cents ($1.41) per 1,000 gallons to be billed on an annual
basis. Effective January 1, 2017 and through December 2017, the pressurized raw
water rate is one dollar and fifty-three cents($1.53)per 1,000 gallons to be billed on an
annual basis.
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(ii) If the raw water meter required in paragraph (i) above ceases to function properly
during the irrigation season, a seasonal bulk water delivery rate may be established as
the basis for billing the non-potable pressurized water delivery. Such rate may only be
applied in exigent circumstances. The unmetered, pressurized raw water schedule for
seasonal delivery of non-potable pressurized water shall be in accordance with the
applicable year as follows: Effective January 1, 2013 through December 2013, the
unmetered pressurized raw water rate is forty-six dollars and seven cents ($46.07) per
1,000 sq. ft. per annual irrigation season. Effective January 1, 2014 through December
2014, the unmetered pressurized raw water rate is forty-seven dollars and ninety-one
cents ($47.91) per 1,000 sq. ft. per annual irrigation season. Effective January 1, 2015
through December 2015, the unmetered pressurized raw water rate is forty-nine dollars
and eighty-three cents ($49.83)per 1,000 sq. ft. per annual irrigation season. Effective
January 1, 2016 through December 2016, the unmetered pressurized raw water rate is
fifty-one dollars and eighty-one cents ($51.81) per 1,000 sq. ft. per annual irrigation
season. Effective January 1, 2017 through December 2017, the unmetered pressurized
raw water rate is fifty-three dollars and ninety cents ($53.90) per 1,000 sq. ft. per
annual irrigation season.
(e) Carriage rates for raw water, (see "Definitions" section), shall be the same as those in Paragraph
(d)(i)except where a valid contract provides for alternate method and procedures for billing.
Section 24.
That Section 25.16.014 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
monthly rates for temporary construction water service, is hereby amended to read as follows:
Sect.25.16.014. Monthly rates for temporary construction water service.
All temporary construction accounts shall pay monthly the sum of charges one(1)and two(2).
(1) Effective January 1, 2013 through December 2017, a demand charge of four dollars and fifty-seven cents
($4.57) per ECU per month for Billing Area 1; nine dollars 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) Effective January 1, 2013 and through December 2013, a fire protection charge of one dollar and forty-
two cents($1.42)per ECU per month for Billing Area 1;two dollars and eighty-four cents($2.84)per ECU per
month for Billing Area 2; two dollars and eighty-four cents ($2.84) per ECU per month for Billing Area 3; one
dollar and seventy-eight cents ($1.78) per ECU per month for Billing Area 4; two dollars and forty-nine cents
($2.49) per ECU per month for Billing Area 5; two dollars and eighty-four cents ($2.84) per ECU per month
for Billing Area 6; two dollars and thirteen cents ($2.13) per ECU per month for Billing Area 7. Effective
January 1, 2014 and through December 2014, a fire protection charge of one dollar and fifty-four cents ($1.54)
per ECU per month for Billing Area 1; three dollars and eight cents ($3.08) per ECU per month for Billing
Area 2; three dollars and eight cents ($3.08) per ECU per month for Billing Area 3; one dollar and ninety-three
cents ($1.93) per ECU per month for Billing Area 4; two dollars and seventy cents ($2.70) per ECU per month
for Billing Area 5; three dollars and eight cents ($3.08) per ECU per month for Billing Area 6; two dollars and
23
thirty-one cents ($2.31) per ECU per month for Billing Area 7. Effective January 1, 2015 and through
December 2015, a fire protection charge of one dollar and sixty-eight cents ($1.68) per ECU per month for
Billing Area 1; three dollars and thirty-six cents ($3.36) per ECU per month for Billing Area 2; three dollars
and thirty-six cents ($3.36) per ECU per month for Billing Area 3; two dollars and ten cents ($2.10) per ECU
per month for Billing Area 4; two dollars and ninety-four cents ($2.94) per ECU per month for Billing Area 5;
three dollars and thirty-six cents ($3.36) per ECU per month for Billing Area 6; two dollars and fifty-two cents
($2.52) per ECU per month for Billing Area 7. Effective January 1, 2016 and through December 2016, a fire
protection charge of one dollar and eighty-four cents ($1.84) per ECU per month for Billing Area 1; three
dollars and sixty-eight cents ($3.68) per ECU per month for Billing Area 2; three dollars and sixty-eight cents
($3.68) per ECU per month for Billing Area 3; two dollars and thirty cents ($2.30) per ECU per month for
Billing Area 4; three dollars and twenty-two cents ($3.22) per ECU per month for Billing Area 5; three dollars
and sixty-eight cents ($3.68) per ECU per month for Billing Area 6; two dollars and seventy-six cents ($2.76)
per ECU per month for Billing Area 7. Effective January 1, 2017 and through December 2017, a fire
protection charge of two dollars ($2.00) per ECU per month for Billing Area 1; four dollars ($4.00) per ECU
per month for Billing Area 2; four dollars ($4.00)per ECU per month for Billing Area 3; two dollars and fifty
cents ($2.50) per ECU per month for Billing Area 4; three dollars and fifty cents ($3.50) per ECU per month
for Billing Area 5; four dollars ($4.00) per ECU per month for Billing Area 6; three dollars ($3.00) per ECU
per month for Billing Area 7. (Ord.No. 35-2011§4)
Section 25.
That Section 25.16.015 of the Municipal Code of the City of Aspen, Colorado,which section sets forth
monthly rates for grandfathered-in water service,is hereby amended to read as follows:
Sect.25.16.015. Monthly rates for grandfathered-in water service.
All grandfathered-in accounts shall pay monthly the sum of charges one(1)and two(2).
(1) Effective January 1, 2013 and through December 2017, all grandfathered-in water accounts
shall pay a demand charge of four dollars and fifty-seven cents ($4.57) per ECU per month for Billing Area 1;
nine dollars 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) Effective January 1, 2013 and through December 2013, all grandfathered-in water accounts
shall pay a fire protection charge of one dollar and forty-two cents($1.42)per ECU per month for Billing Area
1; two dollars and eighty-four cents ($2.84) per ECU per month for Billing Area 2; two dollars and eighty-four
cents ($2.84) per ECU per month for Billing Area 3; one dollar and seventy-eight cents ($1.78) per ECU per
month for Billing Area 4; two dollars and forty-nine cents ($2.49) per ECU per month for Billing Area 5; two
dollars and eighty-four cents ($2.84) per ECU per month for Billing Area 6; two dollars and thirteen cents
($2.13) per ECU per month for Billing Area 7. Effective January 1,.2014 and through December 2014, all
grandfathered-in water accounts shall pay a fire protection charge of one dollar and fifty-four cents ($1.54)per
ECU per month for Billing Area 1; three dollars and eight cents ($3.08) per ECU per month for Billing Area 2;
three dollars and eight cents ($3.08) per ECU per month for Billing Area 3; one dollar and ninety-three cents
($1.93) per ECU per month for Billing Area 4; two dollars and seventy cents ($2.70) per ECU per month for
Billing Area 5; three dollars and eight cents ($3.08) per ECU per month for Billing Area 6; two dollars and
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thirty-one cents ($2.31) per ECU per month for Billing Area 7. Effective January 1, 2015 and through
December 2015, all grandfathered-in water accounts shall pay a fire protection charge of one dollar and sixty-
eight cents($1.68)per ECU per month for Billing Area 1;three dollars and thirty-six cents($3.36)per ECU per
month for Billing Area 2; three dollars and thirty-six cents ($3.36) per ECU per month for Billing Area 3; two
dollars and ten cents ($2.10) per ECU per month for Billing Area 4; two dollars and ninety-four cents ($2.94)
per ECU per month for Billing Area 5; three dollars and thirty-six cents ($3.36) per ECU per month for Billing
Area 6; two dollars and fifty-two cents ($2.52) per ECU per month for Billing Area 7. Effective January 1,
2016 and through December 2016, all grandfathered-in water accounts shall pay a fire protection charge of one
dollar and eighty-four cents ($1.84) per ECU per month for Billing Area 1; three dollars and sixty-eight cents
($3.68) per ECU per month for Billing Area 2; three dollars and sixty-eight cents ($3.68) per ECU per month
for Billing Area 3; two dollars and thirty cents($2.30)per ECU per month for Billing Area 4;three dollars and
twenty-two cents ($3.22) per ECU per month for Billing Area 5; three dollars and sixty-eight cents ($3.68)per
ECU per month for Billing Area 6; two dollars and seventy-six cents ($2.76) per ECU per month for Billing
Area 7. Effective January 1, 2017 and through December 2017, all grandfathered-in water accounts shall pay a
fire protection charge of two dollars ($2.00) per ECU per month for Billing Area 1; four dollars ($4.00) per
ECU per month for Billing Area 2; four dollars($4.00)per ECU per month for Billing Area 3; two dollars and
fifty cents ($2.50) per ECU per month for Billing Area 4; three dollars and fifty cents ($3.50) per ECU per
month for Billing Area 5; four dollars ($4.00)per ECU per month for Billing Area 6; three dollars ($3.00)per
ECU per month for Billing Area 7. (Ord.No. 35-2011 §5)
Section 26.
That Section 25.16.016 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
monthly rates for pre-tap water service, is hereby amended to read as follows:
Sec.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) Effective January 1, 2013 and through December 2017, all pre-tap water customers shall pay a
demand charge of four dollars and fifty-seven cents ($4.57)per ECU per month for Billing Area 1; nine dollars
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) Effective January 1, 2013 and through December 2013, all pre-tap water customers shall pay a
fire protection charge of one dollar and forty-two cents ($1.42) per ECU per month for Billing Area 1; two
dollars and eighty-four cents ($2.84) per ECU per month for Billing Area 2; two dollars and eighty-four cents
($2.84) per ECU per month for Billing Area 3; one dollar and seventy-eight cents ($1.78) per ECU per month
for Billing Area 4; two dollars and forty-nine cents ($2.49) per ECU per month for Billing Area 5; two dollars
and eighty-four cents ($2.84) per ECU per month for Billing Area 6; two dollars and thirteen cents ($2.13) per
ECU per month for Billing Area 7. Effective January 1, 2014 and through December 2014, all pre-tap water
customers shall pay a fire protection charge of one dollar and fifty-four cents ($1.54) per ECU per month for
25
Billing Area 1; three dollars and eight cents ($3.08) per ECU per month for Billing Area 2; three dollars and
eight cents ($3.08) per ECU per month for Billing Area 3; one dollar and ninety-three cents ($1.93) per ECU
per month for Billing Area 4; two dollars and seventy cents ($2.70) per ECU per month for Billing Area 5;
three dollars and eight cents ($3.08) per ECU per month for Billing Area 6; two dollars and thirty-one cents
($2.31)per ECU per month for Billing Area 7. Effective January 1, 2015 and through December 2015, all pre-
tap water customers shall pay a fire protection charge of one dollar and sixty-eight cents ($1.68) per ECU per
month for Billing Area 1; three dollars and thirty-six cents($3.36)per ECU per month for Billing Area 2; three
dollars and thirty-six cents($3.36)per ECU per month for Billing Area 3; two dollars and ten cents($2.10)per
ECU per month for Billing Area 4; two dollars and ninety-four cents ($2.94) per ECU per month for Billing
Area 5; three dollars and thirty-six cents ($3.36) per ECU per month for Billing Area 6; two dollars and fifty-
two cents ($2.52) per ECU per month for Billing Area 7. Effective January 1, 2016 and through December
2016, all pre-tap water customers shall pay a fire protection charge of one dollar and eighty-four cents ($1.84)
per ECU per month for Billing Area 1; three dollars and sixty-eight cents ($3.68) per ECU per month for
Billing Area 2; three dollars and sixty-eight cents ($3.68) per ECU per month for Billing Area 3; two dollars
and thirty cents ($2.30) per ECU per month for Billing Area 4; three dollars and twenty-two cents ($3.22) per
ECU per month for Billing Area 5; three dollars and sixty-eight cents ($3.68) per ECU per month for Billing
Area 6; two dollars and seventy-six cents ($2.76) per ECU per month for Billing Area 7. Effective January 1,
2017 and through December 2017, all pre-tap water customers shall pay a fire protection charge of two dollars
($2.00)per ECU per month for Billing Area 1; four dollars($4.00) per ECU per month for Billing Area 2; four
dollars ($4.00) per ECU per month for Billing Area 3; two dollars and fifty cents ($2.50) per ECU per month
for Billing Area 4; three dollars and fifty cents ($3.50) per ECU per month for Billing Area 5; four dollars
($4.00) per ECU per month for Billing Area 6; three dollars ($3.00) per ECU per month for Billing Area 7.
(Ord.No. 35-2011§6)
Section 27.
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) Effective January 1, 2013 and through December 2013, all unmetered customers shall pay a flat rate
demand charge of seventy- six dollars and eighty-eight cents ($76.88)per ECU per month for Billing
Area 1; one hundred fifty-three dollars and seventy-six cents ($153.76)per ECU per month for Billing
Area 2; one hundred fifty-three dollars and seventy-six cents($153.76)per ECU per month for Billing
Area 3; ninety-six dollars and ten cents ($96.10) per ECU per month for Billing Area 4; one hundred
thirty-four dollars and fifty-four cents ($134.54) per ECU per month for Billing Area 5; one hundred
fifty-three dollars and seventy-six cents ($153.76)per ECU per month for Billing Area 6; one hundred
fifteen dollars and thirty-two cents($115.32)per ECU per month for Billing Area 7. Effective January
1, 2014 and through December 2014, all unmetered customers shall pay a flat rate demand charge of
seventy-nine dollars and ninety-six cents($79.96)per ECU per month for Billing Area 1; one hundred
fifty-nine dollars and ninety-two cents ($159.92) per ECU per month for Billing Area 2; one hundred
fifty-nine dollars and ninety cents($159.92)per ECU per month for Billing Area 3; ninety-nine dollars
and ninety-five cents ($99.95) per ECU per month for Billing Area 4; one hundred thirty-nine dollars
and ninety-three cents($139.93)per ECU per month for Billing Area 5; one hundred fifty-nine dollars
and ninety-two cents ($159.92) per ECU per month for Billing Area 6; one hundred nineteen dollars
26
and ninety-four cents ($119.94)per ECU per month for Billing Area 7. Effective January 1, 2015 and
through December 2015, all unmetered customers shall pay a flat rate demand charge of eighty-three
dollars and sixteen cents($83.16)per ECU per month for Billing Area 1; one hundred sixty-six dollars
and thirty-two cents ($166.32) per ECU per month for Billing Area 2; one hundred sixty-six dollars
and thirty-two cents ($166.32) per ECU per month for Billing Area 3; one hundred three dollars and
ninety-five cents ($103.95)per ECU per month for Billing Area 4; one hundred forty-five dollars and
fifty-three cents ($145.53) per ECU per month for Billing Area 5; one hundred sixty-six dollars and
thirty-two cents($166.32)per ECU per month for Billing Area 6; one hundred twenty-four dollars and
seventy-four cents ($124.74) per ECU per month for Billing Area 7. Effective January 1, 2016 and
through December 2016, all unmetered customers shall pay a flat rate demand charge of eighty-six
dollars and forty-nine cents ($86.49) per ECU per month for Billing Area 1; one hundred seventy-two
dollars and ninety-eight cents ($172.98)per ECU per month for Billing Area 2; one hundred seventy-
two dollars and ninety-eight cents($172.98)per ECU per month for Billing Area 3; one hundred eight
dollars and eleven cents($108.11)per ECU per month for Billing Area 4; one hundred fifty-one dollars
and thirty-six cents($151.36)per ECU per month for Billing Area 5; one hundred seventy-two dollars
and ninety-eight cents ($172.98) per ECU per month for Billing Area 6; one hundred twenty-nine
dollars and seventy-four cents ($129.74) per ECU per month for Billing Area 7. Effective January 1,
2017 and through December 2017, all unmetered customers shall pay a flat rate demand charge of
eighty-nine dollars and ninety-five cents ($89.95)per ECU per month for Billing Area 1; one hundred
seventy-nine dollars and ninety cents ($179.90) per ECU per month for Billing Area 2; one hundred
seventy-nine dollars and ninety cents ($179.90) per ECU per month for Billing Area 3; one hundred
twelve dollars and forty-four cents($112.44)per ECU per month for Billing Area 4; one hundred fifty-
seven dollars and forty-one cents ($157.41) per ECU per month for Billing Area 5; one hundred
seventy-nine dollars and ninety cents ($179.90) per ECU per month for Billing Area 6; one hundred
thirty-four dollars and ninety-three cents($134.93)per ECU per month for Billing Area 7.
(b) Effective January 1, 2013 and through December 2013, a fire protection charge of one dollar and forty-
two cents ($1.42) per ECU per month for Billing Area 1; two dollars and eighty-four cents ($2.84) per
ECU per month for Billing Area 2; two dollars and eighty-four cents ($2.84) per ECU per month for
Billing Area 3; one dollar and seventy-eight cents ($1.78) per ECU per month for Billing Area 4; two
dollars and forty-nine cents ($2.49) per ECU per month for Billing Area 5; two dollars and eighty-four
cents($2.84)per ECU per month for Billing Area 6; two dollars and thirteen cents($2.13)per ECU per
month for Billing Area 7. Effective January 1, 2014 and through December 2014, a fire protection
charge of one dollar and fifty-four cents ($1.54) per ECU per month for Billing Area 1; three dollars
and eight cents ($3.08) per ECU per month for Billing Area 2; three dollars and eight cents ($3.08) per
ECU per month for Billing Area 3; one dollar and ninety-three cents ($1.93) per ECU per month for
Billing Area 4; two dollars and seventy cents ($2.70) per ECU per month for Billing Area 5; three
dollars and eight cents ($3.08) per ECU per month for Billing Area 6; two dollars and thirty-one cents
($2.31)per ECU per month for Billing Area 7. Effective January 1, 2015 and through December 2015,
a fire protection charge of one dollar and sixty-eight cents ($1.68) per ECU per month for Billing Area
1; three dollars and thirty-six cents ($3.36) per ECU per month for Billing Area 2; three dollars and
thirty-six cents ($3.36) per ECU per month for Billing Area 3; two dollars and ten cents ($2.10) per
ECU per month for Billing Area 4; two dollars and ninety-four cents ($2.94) per ECU per month for
Billing Area 5; three dollars and thirty-six cents ($3.36) per ECU per month for Billing Area 6; two
dollars and fifty-two cents ($2.52) per ECU per month for Billing Area 7. Effective January 1, 2016
27
and through December 2016, a fire protection charge of one dollar and eighty-four cents ($1.84) per
ECU per month for Billing Area 1; three dollars and sixty-eight cents ($3.68) per ECU per month for
Billing Area 2; three dollars and sixty-eight cents ($3.68) per ECU per month for Billing Area 3; two
dollars and thirty cents ($2.30) per ECU per month for Billing Area 4; three dollars and twenty-two
cents ($3.22) per ECU per month for Billing Area 5; three dollars and sixty-eight cents ($3.68) per
ECU per month for Billing Area 6; two dollars and seventy-six cents ($2.76) per ECU per month for
Billing Area 7. Effective January 1, 2017 and through December 2017, a fire protection charge of two
dollars ($2.00) per ECU per month for Billing Area 1; four dollars ($4.00) per ECU per month for
Billing Area 2; four dollars ($4.00) per ECU per month for Billing Area 3; two dollars and fifty cents
($2.50) per ECU per month for Billing Area 4; three dollars and fifty cents ($3.50)per ECU per month
for Billing Area 5; four dollars ($4.00)per ECU per month for Billing Area 6; three dollars ($3.00) per
ECU per month for Billing Area 7. (Ord.No. 35-2011§6)
(c) 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 Utilities Director, special
billing arrangements may be made.
(d) With respect to the water rates and charges contained in Sections 25.16.010 and 25.16.020, in case of
verifiable hardship and upon approval of both the Finance Director and the Utilities Director, special
billing arrangements may be made.
Section 28.
That Section 25.16.021 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
senior water rates, is hereby amended 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 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 25.16.0 10 Paragraph two(2)through Paragraph six(6)and as determined by the billing
area factor and the ECU rating of the residence. An 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 billing 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,
28
§Ord. No. 8-1990, § 2; Ord. 39-1993, §7; Ord. No. 35-2011§8)
Editor's note—Ord. No. 1-1988, § 1, adopted Jan. 25, 1988 amended former §23-102 by amending previously uncodified Subsection (d) and at the
discretion of the editor these provisions have been included herein and revised slightly in order to delete references to"out-of-the-City service charge"
and"location of resident,"inasmuch as former§23-101 does not discern between in-City and out-of-City residence location.
Section 29.
That Section 25.16.022 of the Municipal Code of the City of Aspen,Colorado,which section sets forth late
payment charge,is hereby amended to read as follows:
Sec.25.16.022. Late payment charge.
Payments for water service, utility investment charges, system development charges and hook-up
charges shall be due twenty (20) days after the billed date. Any amount due, but not received by the City by
the due date, shall be subject to a past due charge of one and one-half percent (1'/z%) of the total amount
due; subject, however, to a minimum charge of three dollars ($3.00). Balances of less than five dollars
($5.00) shall not be subject to this charge. (Ord. 36-1996, §§ 2, 3; Ord. No. 45-1999, § 16(part))
Section 30.
That Section 25.16.030 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
meter regulations;mandatory metering,is hereby amended to read as follows:
Sec.25.16.030. Meter regulations; mandatory metering.
(a) Except as expressly provided in this Chapter,all water service shall be metered.
(b) The installation of all meters shall conform to specifications of the Water Department.
(c) The Water Department may, in its sole discretion, install a meter on any connection which has not
been converted to metered service by June 1, 1985 and shall charge the customer all costs of such installation.
The Water Department may also, in its sole discretion, disconnect any water service which has not been
converted to metered service by June 1, 1985 and may not reconnect such service until it is metered. The
customer shall pay all costs of any such connection and reconnection including any utility investment charges,
system development fees and hook-up charges which may be due. (Code 1971, § 23-104; Ord. No. 27-1985, §
1)
Section 31.
That Section 25.16.040 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
receipts, is hereby amended to read as follows:
Sec.25.16.040. Receipts.
On payment of any water rates or charges, the Finance Department shall issue a receipt therefor stating
the date of payment, the amount of money received, from who received and on what premises the water was
used. (Code 1971, § 23-105; Ord.No. 27-1985, § 1)
Section 32.
That Section 25.16.050 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
liability for payment;lien and court action for nonpayment, is hereby amended to read as follows:
29
Sec.25.16.050. Liability for payment; lien and court action for nonpayment.
(a) The Water Department shall disconnect the water service to any consumer who fails to pay any
water service charges or utility investment charges when the same shall become due.
(b) All the rates and charges specified in this Chapter shall be paid by the owner of the premises on
which the water is 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 or by a suit in
equity for the enforcement of such lien.
(c) Any lien 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. (Code
1971, § 23-106; Ord.No. 27-1985, § 1)
Section 33.
That Section 25.16.060 of the Municipal Code of the City of Aspen,Colorado,which section sets forth water
service connect and disconnect charges, is hereby amended to read as follows:
Sec.25.16.060. Water service connect and disconnect charges.
A service charge of thirty dollars ($30.00) is hereby established for each new account that is set up for
water service. If a disconnection is made in accordance with Section 25.16.050 above because of nonpayment
of water service charges or utility investment charges, the disconnect charge of sixty dollars ($60.00) shall be
due prior to reconnection of water service. (Code 1971, § 23-107; Ord. No. 27-1985, § 1; Ord. No. 53-1992,
§ 1; Ord.No. 68-1994, § 13; Ord.No. 45-1999, § 16 [part])
Section 34.
That Section 25.16.070 of the Municipal Code of the City of Aspen,Colorado,which section sets forth no
turn-on without payment of unpaid water charges,is hereby amended to read as follows:
Sec.25.16.070. No turn-on without payment of unpaid water charges.
In any case where the water has been shut off from any premises, for any causes stated in this Chapter
or at the request of the owner of the premises, the Water Department shall not turn it on again or order it to be
turned on until all outstanding water rates and charges have been paid and the owner requests the service by
making application and receives a permit for such connection. (Code 1971, § 23-108; Ord. No. 27-1985, § 1)
Section 35.
That Section 25.16.080 of the Municipal Code of the City of Aspen, Colorado,which section sets forth
determination of charge when more than one business exists in one building, is hereby.amended to read as follows:
Sec.25.16.080. Determination of charge when more than one business exists in one building.
Whenever more than one (1) business shall be carried on in any one (1) store, room or other building, it
shall be the duty of the Water Department to decide whether or not more than one (1) charge for water
service shall be made for such use. (Code 1971, § 23-109; Ord.No. 27-1985, § 1)
Section 36.
30
That Section 25.16.090 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
deposit for water service, is hereby amended to read as follows:
Sec.25.16.090. Deposit for water service.
(a) When applying for water service at a new location, each applicant shall be required to place a cash
deposit in the following manner:
Residential service: fifty dollars($50.00).
Commercial service:
(1) An amount equal to the service bills for the subject property for the three(3)highest months of
usage during the prior year, if the applied-for use of the property is similar to the prior use; or
(2) If there is no similar prior space or use an which to compute the amount provided in Subsection (a)
Paragraph (1) above, then an amount to be determined by the Finance Director within his or her sole
discretion and based on a reasonable estimate of three (3) months' service for a space and use similar to
the subject property.
(b) Subject to the approval of the U t i 1 i t i e s Director based on previous credit history with the
City utilities,the owner of the premises on which the water is used may approve waiver of their tenant's deposit
requirement. To request approval of the Utilities Director, the owner must complete an application which
informs the owner of the possibility of a lien upon the premises for unpaid bills, pursuant to Section
25.04.090 above.
(c) These deposits will be held by the Director of Finance until service is discontinued and final service
bills are paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after receipt of
the monies until the date of disconnection. Return of the unused portion of the deposit plus interest will be
made within forty-five (45) days from date the final billing is issued. Effective January 1, 2013 no deposit will
accrue interest.
Section 37.
That Section 25.04.110 of the Municipal Code of the City of Aspen,Colorado,which section sets forth
deposit for electric service, is hereby amended to read as follows:
Sec.25.04.110. Deposit for electric service.
(a) W��a tena�ntj c' rvice at a new location, the applicant shall be required to place
a cash deposit inoll, m ne .,
Residential service: one hu red dollars($100.00).
%4A% e:
(1) An amount equal to the service bills for the subject property for the three (3) highest months of usage
during the prior year, if the applied-for use of the property is similar to the prior use; or
(2) If there is no similar prior space or use on which to compute the amount provided in
Subsection (a)(1) above, then an amount to be determined by the Utilities Director within his or her sole
discretion and based on a reasonable estimate of three (3) months' service for a space and use similar to the
31
subject property.
(b) Subject to the approval of the Utilities Director based on previous credit history with the City of
Aspen Utilities, the owner of the premises on which the electricity is used may approve waiver of their tenant's
deposit requirement. To request approval of the Utilities Director, the owner must complete an application
which informs the owner of the possibility of a lien upon the premises for unpaid bills, pursuant to Section
25.04.090 above.
(c) Deposits shall be held by the Director of Finance until service is discontinued and final service bills
paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after receipt of the monies
until the date of disconnection. Return of the unused portion of the deposit plus interest will be made within
forty-five (45) days from date the final bill is issued. Effective January 1, 2013 no deposit will accrue interest.
(Code 1971, § 23-25; Ord. No. 28-1982, § 1; Ord. No. 68-1994, § 14; Ord.No. 57-2000, § 7)
Section 38
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 ordinance repealed or amended as herein provided and the
same shall be conducted and concluded under such.j prior ordinances.
Section 39
If any subsection, sentence, clause, phrase, orportion of this ordinance is not 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 40
A public hearing on this ordinance shall be held on the 26`h day of November 2012, at a meeting of the Aspen
City Council, 5:00 PM in the City Council Chambers.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of
Aspen on the 12th day of November 2012.
ATTEST:
Kathryn S.K6 h, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 26th day of November 2012.
ATTEST:
32
A4t&=�
Kathryn S. Koch, ity Clerk MichaO C. Ireland, Mayor
Approved as to form:
James R. True, City Attorney
- - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - -
33
LEGAL NOTICE
Ad Name: 8585457A
ORDINANCE 1130,2012 PUBLIC HEARING
Ordinance#30,Series of 2012,was adopted on
Customer: Aspen (LEGALS) City of first reading at the City Council meeting November
Your account number: 1013028 12,2012. This ordinance,if adopted,will approve 4\�
a water rate adjustment effective January 1,2013.
The public hearing on this ordinance is scheduled
for November 26,2012 at 5 PM,City hall, 130
South Galena.
PROOF OF PUBLICATION To see the entire text,go to the city's legal notice
website
htti)://www.asDenDitkin.com/Det)artments/Cle rk/
Legal-Noticed
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on Novem-
ber 15,2012. [85854571
STATE OF COLORADO,
COUNTY OF PITKIN
1,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions,and that the first publication
of said notice was in the issue of said newspaper
dated 11/15/2012 and that the last publication of
said notice was in the issue of said newspaper dated
11/15/2012.
In witness whereof,I have here unto set my hand
this 12/06/2012.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 12/06/2012.
Mary E.Borkenhagen,Notary Public
Commission expires: September 12,2015
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