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HomeMy WebLinkAboutagenda.council.worksession.20221018AGENDA CITY COUNCIL WORK SESSION October 18, 2022 4:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Work Session I.A 2023 Recommended Budget Review: Kids First Fund, Water & Electric Utilities Funds I.B Council Board Reports and Council Updates Zoom Meeting Instructions Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://us06web.zoom.us/j/82275587222? pwd=b3R4dXc5dkhud1ZQS3VqOGIydjNhdz09 Passcode: 81611 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 822 7558 7222 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kdUMwvKS6i Council Memo - Utilities Water and Electric Budget and Rates Presentation - Final.docx Exhibit A - Ordinance #16 Series of 2022 - Title 25 Updates - Final.docx Oct 18 MASTER.pdf 1 MEMORANDUM TO:Mayor and City Council FROM:Tyler Christoff, Utilities Director Ryan Loebach, Senior Project Manager Cole Langford, Utilities Business Manager Justin Forman, Utilities Operations Manager Steve Hunter, Utility Resource Manager THROUGH:Scott Miller, Public Works Director Pete Strecker, Finance Director MEMO DATE:October 10, 2022 MEETING DATE:October 18, 2022 RE:2023 Water and Electric Budget - Work Session _____ REQUEST OF COUNCIL:Staff requests an annual review of proposed changes to Title 25—Utilities—of the Aspen Municipal Code covering water and electric rates, fees, policies, and calculation tables as shown in Exhibit A, draft Ordinance #16, Series of 2022. All proposed amendments and additions to Title 25 of the municipal code have been highlighted in yellow, shown in Exhibit A. SUMMARY AND BACKGROUND: Council approved Cost of Service (COS), rates with a 5-year transition in November of 2018. 2019 water and electric rates represented Year One of the 5-year transition. 2023 proposed water and electric rates represent Year Five of the 2018 COS rate study. This transition represents an incremental approach to utility rate increases. Staff believes this transition meets the functional needs of the utility while creating sustainable change for our customers. In March of 2022, Utilities Department went out to bid on a Cost-of-Service Utility Rate and Business Plan. In July 2022, Council approved contract to Raftelis Financial Consultants, Inc., for $153,790. The goal of the proposed rate study is to review the department’s existing cost of service rate structure and thereby continue to provide City Council with decision support. DISCUSSION:Raftelis Financial Consultants were contracted in early 2022 to provide a review of Utility Investment Fees, Electric Community Investment Fees, electric affordable housing rates, perform a water rate survey of Colorado water providers, and a water tier analysis. 2 2 2023 Electric and Water Rate Updates In refining the cost-of-service approach, the department continues to assure that rates and fees are efficient and equitable throughout customer classes and billing areas. The narrative below, Exhibit A, and Tables 1-10 outline these proposed rate and fee changes. 2023 Rates --Year Five Electric Utility Cost of Service Rate Proposal Year Five of the 5-Year COS rates are incorporated in the proposed language for draft Ordinance #16, (Exhibit A). Applying the Year Five rate adjustments results in updated average electric utility customer monthly bills. Tables below reflect theoretical average monthly cost impacts to the various customer classes including average Aspen residential; senior; ‘luxury’ residential; small commercial; and large commercial. The intent of these tables (below) is to demonstrate the formularized monthly change various customer classes may experience in Year 5 of the Utilities COS transition. Table 1 – Typical Electric Residential Service Table 2 – Typical Electric Senior Residential Service Table 3 – Typical Electric Large/Luxury Residential Service ELECTRIC UTILITY RATES 2022 AVERAGE BILL PROPOSED RATE CHANGE 2023 AVERAGE BILL kWh Charges $181.09 1.45%$183.72 Availability Charges $44.24 2.0%$45.12 Average Residential - Aspen $225.33 $228.84 200 AMP Service / 1500 kwh (percentage change)1.56% ELECTRIC UTILITY RATES 2022 AVERAGE BILL PROPOSED RATE CHANGE 2023 AVERAGE BILL kWh Charges $68.29 1.00%$68.98 Availability Charges $30.97 2.0%$31.58 Average Residential - Senior $99.26 $100.56 200 AMP Service / 700 kwh (percentage change)1.31% 3 3 Table 4 – Typical Electric Small Commercial Service Table 5 – Typical Electric Large Commercial Service 2023 Rates -- Year Five Water Utility Cost of Service Rate Proposal Year Five of the 2018 approved 5-Year COS rates are incorporated in the proposed draft Ordinance #16, (Exhibit A). Applying the Year Five rate adjustments results in the following average water utility customer monthly bills. Tables below reflect average monthly cost impacts to the various customer classes including residential (downtown customer); residential (pumped zone customer); and commercial accounts.The intent of these tables (below) is to demonstrate the formularized monthly change various customer classes may experience in Year 5 of the Utilities Cost of Service transition. ELECTRIC UTILITY RATES 2022 AVERAGE BILL PROPOSED RATE CHANGE 2023 AVERAGE BILL kWh Charges $3,376.02 3.29%$3,486.93 Availability Charges $228.04 13.00%$257.68 Luxury Residential - Aspen $3,604.06 $3,744.61 600 AMP Service / 15,000 kwh (percentage change)3.90% ELECTRIC UTILITY RATES 2022 AVERAGE BILL PROPOSED RATE CHANGE 2023 AVERAGE BILL kWh Charges $1,421.99 1.56%$1,444.13 Availability Charges $52.39 13.00%$59.20 Average Small Commercial - Aspen $1,474.38 $1,503.33 200 AMP Service / 8,000 kwh (percentage change)1.96% ELECTRIC UTILITY RATES 2022 AVERAGE BILL PROPOSED RATE CHANGE 2023 AVERAGE BILL kWh Charges $3,218.00 1.00%$3,250.18 Demand kW Charges $2,577.31 5.00%$2,706.17 Availability Charges $104.45 15.05%$120.17 Average Large Commercial $5,899.76 $6,076.52 400 AMP Service / 45,000 kwh / 130 kw (percentage change)3.00% 4 4 Table 6 – Typical Water Residential Service Table 7 – Typical Water Residential (Pumped) Service Table 8 – Typical Water Commercial Service Water Utility Investment Charge (Tap Fees) WATER UTILITY RATES 2022 AVERAGE BILL PROPOSED RATE CHANGE 2023 AVERAGE BILL Water Variable (Consumption)$33.10 5.91%$35.00 Water Demand $16.61 1.31%$16.82 Fire Charge $10.84 12.93%$12.23 Average Residential -- Downtown $60.55 $64.05 2.67 ECUs & 0 Pumps / 10,000 gallons (percentage change)5.78% WATER UTILITY RATES 2022 AVERAGE BILL PROPOSED RATE CHANGE 2023 AVERAGE BILL Water Variable (Consumption)$200.80 5.91%$212.54 Water Demand $49.76 1.31%$50.40 Fire Charge $32.48 12.93%$36.64 Pump Charge $142.50 9.28%$155.50 Average Residential -- Red Mtn.$425.54 $455.08 4.0 ECUs & 1 Pumps / 50,000 gallons (percentage change)6.94% WATER UTILITY RATES 2022 AVERAGE BILL PROPOSED RATE CHANGE 2023 AVERAGE BILL Water Variable (Consumption)$390.00 5.91%$412.81 Water Demand $56.85 1.31%$57.58 Fire Charge $37.11 12.93%$41.86 Average Commercial $483.96 $512.25 9.14 ECUS & 0 Pumps / 100,000 gallons (percentage change)5.85% 5 5 The City tracks overall community water demand using a system that accounts for all fixtures connected to Aspen’s water system. Each City water account has an individual equivalent capacity unit (ECU) rating based on water fixtures, irrigated area, and other factors indicative of water demand. The water tap fee is charged to any customer requesting services for new development or expansion of existing services within the service area. Payment for ECUs or tap fees represents a customer’s incremental ownership of Aspen’s water system and its associated capacity. Raftelis Financial Consultants were re-engaged in 2022 to provide a fee adjustment recommendation based on current Aspen Water Utility fixed asset replacement costs. The table below outlines the recommended 2023 rates and associated fee adjustment. These proposed changes are incorporated in the proposed draft Ordinance #16, (Exhibit A). Table 9 – Water Utility Investment Charge – 2023 Tap Fees (Per ECU) Electric Community Investment Fees The City tracks overall community electric demand using a system that accounts for all amperage connected to Aspen’s electric system. Each City Electric account has an individual amperage rating based on electric appliances, lighting, climate control and other factors indicative of electrical demand. The Electric Community Investment (ECI) fee is charged to any customer requesting services for new development and expansion of existing services within the service area and is measured at each individual electric meter. The ECI provides capital to the Electric Department to fund the incremental portion of infrastructure needed to deliver electric services to new or expanded services. The proposed structure ensures ECI fees are applied proportionally; a higher fee required by customers requiring a greater share of infrastructure and resources. The table below outlines the recommended 2023 rates and associated increase. These proposed changes are incorporated in the proposed draft Ordinance #16, (Exhibit A). Billing Areas 2022 Per ECU Rate 2023 Per ECU Rate % Increase 1 $9,868 $10,855 10.00% 2 $19,736 $21,710 10.00% 3 $19,736 $21,710 10.00% 4 $12,335 $13,569 10.00% 5 $17,269 $18,996 10.00% 6 $19,736 $21,710 10.00% 7 $14,802 $16,282 10.00% Water Utility Investment Charge - Proposed UIC (2023) 6 6 Table 10 – Electric Community Investment Charge – 2023 Fees 2023 Title 25 Updates On an annual basis Title 25 of the City’s Municipal Code is reviewed to address emerging technologies, provide additional clarity, and to deliver updated business practices. Below is summary of the proposed 2023 updates to Title 25. The narrative below and Exhibit A outlines these proposed updates. Utilities Advanced Metering Infrastructure (AMI) City Utilities requires AMI Technology in all electric and water meter installations. Advanced Metering Infrastructure, (AMI), technology provides 24/7 consumption information for both the city utility customer and the utility billing staff. This information can be used for troubleshooting usage issues, provide account analysis, and inform conservation programming. AMI meters are read remotely rather than utilizing personnel to physically visit a home or business on a monthly basis. Staff believe this industry standard technology greatly improves operational efficiency and provides customers with near real-time energy use information. While the benefits of this technology are clear, staff believe it an industry practice to allow individuals to ‘opt-out’ of this type of meter. Residential property owners who have accounts in good standing are eligible to ‘opt-out’ of meter installs with AMI Technology. A monthly opt out fee of $35 will be required to participate in the program and will cover the cost of staff time, vehicle expense, and annual maintenance costs associated with a manual meter reading software system. Electric Community Investment Fee - Proposed ECI Fees (2023) Panel Amps Residential 1 Phase 120/240V Residential 3 Phase 120/208V Commercial 1 Phase 120/240v Commercial 3 Phase 120/208V Commercial 3 Phase 277/480V % Increase 100 $1,726 $3,451 $4,602 $5,175 $11,943 15% 200 $3,452 $6,901 $9,205 $10,351 $19,905 15% 300 $6,904 $11,215 $13,807 $15,526 $35,830 15% 400 $9,205 $14,953 $18,410 $20,702 $47,773 15% 600 $15,034 $24,423 $30,068 $33,811 $78,026 20% 800 $20,045 $32,563 $40,090 $45,082 $104,035 20% 1000 $25,056 $40,704 $50,113 $56,352 $130,043 20% 1200 $30,068 $48,845 $60,136 $67,622 $156,052 20% 1400 $35,079 $56,986 $70,158 $78,893 $182,060 20% 1600 $40,090 $65,127 $80,181 $90,163 $208,069 20% 1800 $45,102 $73,268 $90,203 $101,434 $234,078 20% 2000 $50,113 $81,409 $100,226 $112,704 $260,086 20% 2200 $55,124 $89,549 $110,249 $123,974 $286,095 20% 2400 $60,136 $97,690 $120,271 $135,245 $312,104 20% 2600 $62,842 $102,086 $125,683 $141,331 $326,148 20% 2800 $65,670 $106,680 $131,339 $147,691 $340,825 20% 3000 Plus $68,625 $111,481 $137,249 $154,337 $356,162 20% 7 7 Residential account owners that have not received approval by the Utilities Department Director to opt-out of the AMI technology and have not upgraded to a meter with AMI technology on or before January 1, 2023, shall be assessed a monthly fee of $60.00 per meter on the next monthly utility bill and each monthly bill thereafter until the account owner for that meter comes into compliance. The $60 fee is designed to bring our customer base into compliance on mandatory metering with AMI technology unless owner has submitted an approved opt-out form for that utility meter. Updates to section 25 of the City’s municipal code relating to AMI are found in Sec.25.04.047 and Sec.25.16.027 and are outlined in Exhibit A. Property Owner Liability for Utility Accounts On City utility accounts that are ninety (90) days or more past due with the named customer being a tenant at the subject premise, city reserves the right to revert such water account into the owner’s name and from that point forward owner shall be the responsible party on subject water account. Currently Utility Billing staff are providing a subsidized service for property owners that rent their homes and at times manage collections for the homeowner. This code change is intended to address tenant accounts that are consistently delinquent and provide equity for remaining utility customers in good standing. Updates to section 25 of the City’s municipal code relating to ownership and utility accounts are found in: Sec. 25.16.023 and Sec. 25.04.046. and are outlined in Exhibit A. Equivalent Capacity Unit ECU Limits for Residential Parcels Water utilities provide a critical public function which enable both a lived-in community and future development. The City’s water services are rated by the Water Department per the Water Service General Conditions and equivalent capacity units (ECUs). An equivalent capacity unit (ECU) is a unit of measurement that reflects part of the capacity of the water system necessary to serve a standard water customer. The Water Department recognizes that customers within the Water Billing Areas represent a wide spectrum of socioeconomic backgrounds. Therefore, Water Department policies and goals must support equitable access and allocation of finite water resources for all customers. The capacity of the Water Utility is finite, and ECUs must be allocated in a manner which preserves both the limited raw water resource, and which provides equitable distribution and access of the resource to all community members. To ensure that City policy is aligned with goals and policies of the City’s GMQS, industry best management practices for existing and expected future water resources, the City shall limit residential water accounts to no more than four (4) ECUs. Currently, out of 2,411 active single family residential water customers, 91% are served with four (4) or fewer ECUs. Staff believe codifying this limit provides a clear and fair 8 8 expectation for development while respecting the needs of future Aspenites and the long-term resiliency of the community. FINANCIAL IMPACTS: Both the Water and Electric departments are enterprise funds supported solely by our customer base. The proposed rates outlined in Title 25 of the municipal code support the Utilities revenue stream and support the costs of utility operation, long range planning, resource development, and sustainability programing. The financial implications of the proposed electric and water rate adjustments, as well as the fee adjustments, are outlined in Water and Electric Long-Range Plans and will be part of the 2023 Budget book at the November first and second reading of Title 25—Utilities— Ordinance changes. ENVIRONMENTAL IMPACTS: The electric and water rate structures continue to place a value on, support, and provide incentive for, conservation and efficiency practices, programs, and policies. ALTERNATIVES: Council may request portions of the recommended rate and fee adjustments be modified prior to November 2022 First Reading of Ordinance #16, Series of 2022, which will become effective January 1, 2023. RECOMMENDATIONS: Staff recommends using proposed draft updates to electric and water rates, fees, policies, and calculation tables shown in Exhibit A as the basis for First Reading at a regular City Council meeting in November of 2022. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – Draft Ordinance #16, Series of 2022 – Title 25 - Utilities -Aspen Municipal Code 9 Created: 2022-07-19 14:49:41 [EST] (Supp. No. 3, Update 3) Page 1 of 33 Exhibit A – DRAFT ORDINANCE NO. 16 Series 2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AND ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES— SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.08 WATER SERVICE – GENERAL PROVISIONS; 25.12 UTILITY CONNECTIONS; 25.16 WATER RATES AND CHARGES; AND 25.30 WATER EFFICIENT LANDSCAPING STANDARDS. WHEREAS, the City owns and operates a public electric and water system; and WHEREAS, the City Council has adopted a policy of requiring all users of the electric and 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 supports electric and water rate structures that place a value on, and incentive for, conservation and efficiency programs, policies, and improvements; and WHEREAS, the City Council supports policies and goals for the equitable access and allocation of finite resources for all customers; and WHEREAS, the rates outlined in Title 25 of the municipal code support the Utilities revenue stream and ultimately support the ever-increasing costs of utility operation, long-range planning, resource development, and sustainability programing. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Title 25 of the Municipal Code of the City of Aspen, Colorado, which section sets forth Utilities, is hereby amended, and added to, to read as follows: Sec. 25.04.035. Electric Community Investment Fee. The Electric Department must expand the electric system facilities to accommodate new development without decreasing current reliability and service standards. The Electric Department distributes electricity to the customers in its service area by means of an integrated and interdependent system-wide network of electric facilities. The Electric Community Investment (ECI) fee will be charged to any customer requesting services for new development and expansion of existing services within the service area as measured at breaker size at meter. If breaker size is not listed in Table below, billing amps are rounded up to next available amperage size shown below. 10 Created: 2022-07-19 14:49:41 [EST] (Supp. No. 3, Update 3) Page 2 of 33 The ECI will provide additional capital to the Electric Department to pay for a portion of the new facilities needed to deliver electric services to new or expanded services. Effective January 1, 2023, all residential, commercial and city facilities customers of the Aspen Electric Department shall pay the ECI fee as follows: ECI Residential ECI Commercial Panel Amps 1 Phase 120/240V 3 Phase 120/208V 1 Phase 120/240V 3 Phase 120/208V 3 Phase 277/480V 100 $1,726 $3,451 $4,602 $5,175 $11,943 200 $3,452 $6,901 $9,205 $10,351 $19,905 300 $6,904 $11,215 $13,807 $15,526 $35,830 400 $9,205 $14,953 $18,410 $20,702 $47,773 600 $15,034 $24,423 $30,068 $33,811 $78,026 800 $20,045 $32,563 $40,090 $45,082 $104,035 1000 $25,056 $40,704 $50,113 $56,352 $130,043 1200 $30,068 $48,845 $60,136 $67,622 $156,052 1400 $35,079 $56,986 $70,158 $78,893 $182,060 1600 $40,090 $65,127 $80,181 $90,163 $208,069 1800 $45,102 $73,268 $90,203 $101,434 $234,078 2000 $50,113 $81,409 $100,226 $112,704 $260,086 2200 $55,124 $89,549 $110,249 $123,974 $286,095 2400 $60,136 $97,690 $120,271 $135,245 $312,104 2600 $62,842 $102,086 $125,683 $141,331 $326,148 2800 $65,670 $106,680 $131,339 $147,691 $340,825 3000 and above $68,625 $111,481 $137,249 $154,337 $356,162 ( Ord. NO 27-2017 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) Sec. 25.04.037 Fees for distributed energy systems attached to Aspen Electric. (a)All projects on properties within the City of Aspen Electric Utility service area that require staff and/or engineering review or that will add distributed energy systems that could include battery storage are subject to electric development review fees prior to issuance of a city electric permit. No solar photovoltaic and/or battery storage systems will be allowed to connect to City of Aspen Electric service without a signed Interconnection Agreement. (b)The electric development review fee shall be as set forth in subsection (c) of the section. (c)Electric Development Review Fees. Effective January 1, 2023, utility staff review fees for distributed energy systems are: System Size in kW Distributed Energy System Only Distributed Energy System and Battery Storage < 15 kW $165.00 $1,100.00 15 kW and up $550.00 $1,100.00 (Ord. No. 20-2021 , § 1, 11-23-2021) 11 Created: 2022-07-19 14:49:41 [EST] (Supp. No. 3, Update 3) Page 3 of 33 Sec. 25.04.040. Electric service rates. (a)Effective in the January 2023 monthly billing, all residential, commercial and city facilities customers of the Aspen Electric Department shall pay a monthly customer availability charge as follows: AMP Size Standard Residential Customer Senior Residential Customer - 70% Small Commercial Customer Large Commercial Customer 100 AMP $23.18 $16.23 $30.72 $28.27 200 AMP $45.12 $31.58 $59.20 $52.27 300 AMP $100.21 $70.15 $96.86 $83.36 400 AMP $146.07 $102.25 $140.89 $120.17 600 AMP $257.68 $180.38 $248.04 $211.50 800 AMP $388.45 $271.91 $373.57 $319.88 1000 AMP $541.10 $378.77 $520.11 $444.41 1200 AMP $706.43 $494.50 $678.83 $583.87 1600 AMP $1,087.90 $761.53 $1,045.04 $897.44 1800 AMP $1,295.11 $906.58 $1,243.96 $1,076.13 2000 AMP $1,526.20 $1,068.34 $1,465.80 $1,267.39 2200 AMP $1,785.65 $1,249.96 $1,714.99 $1,482.85 2400 AMP $2,089.21 $1,462.45 $2,006.54 $1,734.93 2600 AMP $2,444.38 $1,711.07 $2,347.65 $2,029.87 2800 AMP $2,859.93 $2,001.95 $2,746.75 $2,374.95 3000 AMP and above $3,346.11 $2,342.28 $3,213.70 $2,778.69 (b)In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, the residential customer shall pay the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 400 $0.0873 1,080 $0.1309 1,920 $0.2023 1,920 $0.3576 200 AMP 520 $0.0873 1,360 $0.1309 2,800 $0.2023 2,800 $0.3576 300 AMP 1,600 $0.0873 3,600 $0.1309 6,160 $0.2023 6,160 $0.3576 400 AMP 1,600 $0.0873 3,600 $0.1309 6,160 $0.2023 6,160 $0.3576 600 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 800 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 12 Created: 2022-07-19 14:49:41 [EST] (Supp. No. 3, Update 3) Page 4 of 33 1000 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 1200 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 1600 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 1800 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 2000 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 2200 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 2400 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 2600 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 2800 AMP 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 3000 AMP and above 2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576 (c)Effective January 1, 2019, all electric accounts that service 5 or more individual units shall be considered a small commercial customer and shall have rates associated with a small commercial account rather than a residential account. Additionally, all commercial accounts that do not meet the requirements for large commercial designation shall be considered small commercial accounts, which includes previous class of small commercial city facilities customers and current and future Electric Vehicle charging stations. In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, the small commercial customer shall pay the sum of the metered use of electric energy measured in kilowatt- hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 880 $0.0946 2320 $0.1183 4800 $0.1776 4800 $0.2841 200 AMP 1280 $0.0946 3120 $0.1183 5760 $0.1776 5760 $0.2841 300 AMP 3360 $0.0946 7120 $0.1183 12240 $0.1776 12240 $0.2841 400 AMP 3360 $0.0946 7120 $0.1183 12240 $0.1776 12240 $0.2841 13 Created: 2022-07-19 14:49:41 [EST] (Supp. No. 3, Update 3) Page 5 of 33 600 AMP 6560 $0.0946 13200 $0.1183 18400 $0.1776 18400 $0.2841 800 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 1000 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 1200 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 1600 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 1800 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 2000 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 2200 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 2400 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 2600 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 2800 AMP 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 3000 AMP and above 13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841 (d)In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, the large commercial customer, which includes previous class of large commercial city facilities customers and current and future Electric Vehicle charging stations, (with operable demand metering systems in place and measured usage of forty (40) kW and greater) shall pay the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows, plus a demand charge per kW of metered customer peak usage for that meter reading cycle. To qualify for the large commercial rate, accounts must meet or exceed 40kW peak monthly demand a minimum of 7 out of 12 months in both of the last 2 years. AMP Size Usage Up To Per KWh Remaining Usage Over Per KWh Demand Charge on Customer Peak kW 100 AMP 23200 $0.0644 23200 $0.0805 $20.82 200 AMP 23200 $0.0644 23200 $0.0805 $20.82 300 AMP 23200 $0.0644 23200 $0.0805 $20.82 400 AMP 23200 $0.0644 23200 $0.0805 $20.82 600 AMP 23200 $0.0644 23200 $0.0805 $20.82 800 AMP 23200 $0.0644 23200 $0.0805 $20.82 14 Created: 2022-07-19 14:49:41 [EST] (Supp. No. 3, Update 3) Page 6 of 33 1000 AMP 23200 $0.0644 23200 $0.0805 $20.82 1200 AMP 23200 $0.0644 23200 $0.0805 $20.82 1600 AMP 23200 $0.0644 23200 $0.0805 $20.82 1800 AMP 23200 $0.0644 23200 $0.0805 $20.82 2000 AMP 23200 $0.0644 23200 $0.0805 $20.82 2200 AMP 23200 $0.0644 23200 $0.0805 $20.82 2400 AMP 23200 $0.0644 23200 $0.0805 $20.82 2600 AMP 23200 $0.0644 23200 $0.0805 $20.82 2800 AMP 23200 $0.0644 23200 $0.0805 $20.82 3000 AMP and above 23200 $0.0644 23200 $0.0805 $20.82 (e)In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, an alternative customer rate shall be available for new deed-restricted, residential properties with electric heat and built-in compliance with International Energy Conservation Codes 2015 edition as stated in Municipal Code 8.46 including amendments as stated in Ordinance 40, Series of 2016. This rate will only be applied to deed-restricted residential electric accounts that have been reviewed and approved as a qualifying residential property by the Utilities Director. This rate shall be the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 800 $0.0873 2,100 $0.1309 2,600 $0.2023 2,600 $0.3576 200 AMP 1100 $0.0873 2800 $0.1309 4000 $0.2023 4000 $0.3576 300 AMP 3200 $0.0873 7200 $0.1309 8600 $0.2023 8600 $0.3576 (Code 1971, § 23-18.1; Ord. No. 42-1984, § 1 ; Ord. No. 76-1992, § 1 ; Ord. No. 36-1996, § 1 ; Ord. No. 41-2004, § 1 ; Ord. No. 7-2006, § 1 ; Ord. No. 37-2008 ; Ord. No 29-2011 ; Ord. No. 36-2011 ; Ord. No. 37-2014, § 1 ; Ord. No. 44- 2015 , Ord. No. 38-2016 , Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17- 2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) Sec. 25.04.046. Property owners financially liable for unpaid utility charges and fees. On city electric accounts that are ninety (90) days or more past due with the named customer being a tenant at the subject premise, city reserves the right to revert such electric account into the owner’s name and from that point forward owner shall be the responsible party on subject electric account. In situations where unpaid electric utility charges and fees remain on a finaled owner or tenant account, the current owner will be financially responsible and liable for these previous amounts due forty-five (45) days after the transfer of previous owner or tenant. (Ord. No. 20-2021 , § 1, 11-23-2021) 15 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 7 of 33 Sec. 25.04.047. Electric Utility Advanced Metering Infrastructure (AMI). (1). Advanced Metering Infrastructure, (AMI), technology provides 24/7 energy consumption information for both the city electric customer and the utility billing staff, which can be used for troubleshooting usage issues, account analysis, and billing. AMI meters will be read remotely instead of having to send city staff to a home or business each month to read the meter, thus improving operational efficiency and providing customers with near real-time energy use information. (2) Except as expressly provided in this Chapter, all electric service shall be metered and with meters utilizing AMI technology. As of January 1, 2023, the City of Aspen Electric Department will require AMI technology in all electric meters used or installed by its account owners, except as expressly provided herein. (3) Residential account owners have the option to “opt-out” of upgrading to a meter with AMI technology and utilize a non-communicating electric meter for a monthly fee. AMI Opt-Out requests shall be made in writing using the forms prescribed by the City of Aspen Electric Department. Opt-out requests may only be made by the owner of record listed on the property’s City of Aspen Electric Department account. The property owner shall be responsible for all fees associated with an account that has elected to opt out of the AMI metering requirements. (4) Residential customers and account owners that have experienced meter tampering/manipulation, unauthorized electric connections/use, have a past-due balance at the time of opt-out request, or have been disconnected for non-payment will not be eligible to opt-out of their AMI meter installation. Commercial, Solar, and common HOA accounts are not eligible to opt out of AMI. (5) Residential account owners that have opted-out of utilizing a meter with AMI technology will be assessed a monthly opt-out fee of $35.00 per meter on the next monthly utility bill and each monthly bill thereafter to cover the cost of staff time, vehicle expense, and annual maintenance costs associated with a manual meter reading software system. City electric account owners may cancel their opt-out status at any time and the monthly $35.00 fee will be discontinued on their electric account starting with the next monthly bill run cycle. (6) Residential electric account owners that have not received approval by the Utilities Department Director to opt-out of the AMI technology and have not upgraded to a meter with AMI technology on or before January 1, 2023, shall be assessed a monthly fee of $60.00 per meter on the next monthly utility bill and each monthly bill thereafter until the account owner for that electric meter comes into compliance. . Sec. 25.08.020. Powers and duties generally of the Water Superintendent. (a)The Superintendent shall, under the direction of the City Manager, have charge of all facilities of the water utility and it shall be his or her duty to supervise the water utility and maintain and control the same as directed by the City Manager and as provided in this Chapter. (b)The Superintendent shall have control of the laying of all water mains. The Superintendent shall have the general supervision of the putting in of all utility connections, service pipes or other connections with the water mains and the regulation of the water supply to all users of water. He or she shall also have charge of and be responsible for all tools, machinery, pipes, meters, fixtures, plumbing materials and all other appliances owned by the City or used by it in the maintenance and operation of the water utility and shall keep account of all such material and the manner in which the same is used, kept or disposed of. (c)It is hereby made the duty of the Director to manage the water purification plants and other water utility properties; to periodically report to the City Manager of his or her activities as director and of the condition of the water utility; and to make such suggestions concerning the same as the nature of the service may require. 16 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 8 of 33 (d)It shall be the duty of the Superintendent to keep all fire hydrants in repair and test the same frequently to see if the same are in order and he or she may let water from the hydrants whenever it shall be necessary for the testing of the condition of the waterworks or for purifying the water or for the repairing of the water utility or for watering the trees in extreme need. (e)The Water Department shall install, maintain, and operate special hydrants and fill stations for street washing, construction works or other lawful purposes. The Water Department may grant permission to any person to draw water from these special hydrants and fill stations. All water drafted for such purposes shall be assessed in accordance with applicable rates prescribed by this Chapter. The Water Department shall not grant permission for drafting of water from fire hydrants for street washing, construction, and other such uses except in cases of extreme need. (Code 1971, § 23-37; Ord. No. 27-1985 , § 1; Ord. No. 17-2020 , § 1, 11-24-2020) Sec. 25.08.060. Definitions. The following definitions shall apply under this Chapter concerning water service: 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. 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. 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. 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. 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. 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. 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. Payment in lieu of water rights dedication is a payment that the City, in its sole discretion, may accept in lieu of a water rights dedication from a party seeking extraterritorial water service, in an amount determined by the City, in its sole discretion, to be reasonably necessary to purchase and change water rights, or otherwise acquire water rights and supplies of sufficient quantity and seniority, at an appropriate location, to reliably provide water for the proposed water demands of the project. 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. 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. 17 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 9 of 33 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. Water Department means the department of the City under the supervision of the Director of Utilities. Water feature is defined as a design element in which open water serves primarily an aesthetic or decorative beneficial use. Water features include, but are not limited to ponds, lakes, waterfalls, jets, fountains, artificial streams, water stairs, infinity pools, or cascades wherein potable water is artificially supplied to create or operate the feature. Water features do not include swimming pools or hot tubs. No outdoor water features will be allowed on Aspen Water utility accounts effective January 1, 2022. Water rights dedication is a dedication required by any party seeking extraterritorial water service from the City of water rights acceptable to the City. "Water rights acceptable to the City" shall mean such water rights as are determined by the Water Department, in its sole discretion, to be sufficient in quantity, seniority and location, to reliably provide for the proposed water demands of the project, as well as water rights historically used on the property to be served. 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. 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. 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. Well development charge recovers the capital costs of development groundwater sources capable of being integrated into the potable water supply system by any party seeking extraterritorial water service from the City. (Code 1971, § 23-41; Ord. No. 27-1985 , § 1; Ord. No. 39-1993 , § 1; Ord. No. 30-2012 § 1; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020) 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 1st 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 18 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 10 of 33 Each bedroom with no bath or cooking facilities, but with dormitory style bathrooms in hallways 0.45 Each bedroom with no bath, but with modest cooking facilities and dormitory style bedrooms in hallways 0.60 Each bedroom with full bath but no cooking facilities 0.55 Each bedroom with full bath and wet bar (microwave and under the counter icebox) 0.65 Each bedroom with full bath and modest cooking facilities 0.70 (3)SHORT- OR MIXED-TERM RESIDENTIAL (Occupancy per person extending less than one (1) month): ECU Each full bath 0.36 Each kitchen (full cooking facilities) 0.25 Each bedroom 0.30 (4)IRRIGATION: Line Size Minimum ECU Rating Each bib hose in addition to sprinkler system (fixed piping/spray or drip emitters, i.e., hose bib w/ irrigation) Any 0.05 Hose bib only (i.e., hose bib for irrigation): 1st hose bib Any 0.20 2nd hose bib Any 0.10 3rd hose bib Any 0.05 Yard Hydrant .5/hydrant Irrigation System - Spray 0.01/100 Sq. Ft. Low-Flow Bubbler 0.005/100 Sq. Ft. Drip Irrigation System 0.001/100 Sq. Ft. (5)RESTAURANTS: Each seat: 0.07 ECU. (6)NONPROFIT CAFETERIA (including school cafeterias): Each seat: 0.048 ECU 1st 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: 0.04 ECU. (10) NONPROFIT RECREATIONAL FACILITIES (including school gyms): Each customer/pupil: 0.04 ECU. (11) THEATERS, AUDITORIUMS, CONVENTION HALLS AND ASSEMBLY PLACES: Each ten (10) seats: 0.080 ECU year-round/0.048 ECU summer. 19 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 11 of 33 (12) SCHOOL ROOMS (not including cafeteria, kitchens, gyms, auditoriums, and administrative office space): Each pupil: 0.02 ECU per maximum capacity. (13) WAREHOUSE OR INDUSTRIAL SPACE: Each one thousand (1,000) square feet: 0.12 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 (toilet/bidet, toilet/lav) 0.07 Bar sink (per compartment) 0.05 Garbage disposal 0.05 Household dishwasher 0.10 Commercial dishwasher (per ⅛" of supply line diameter) 0.10 Dishwasher drawer (single) 0.05 Steamer oven 0.05 Household clothes washer 0.10 Commercial clothes washer (per ⅛" of supply line diameter) 0.10 Commercial icemaker (per ⅛" of supply line diameter) 0.05 Steam room 0.08 Water bottle fill station 0.05 Whole home humidifier 0.30 Coffee urn 0.05 Tub/shower (combined or separate) 0.05 Bidet 0.05 Wet saunas 0.08 Room Humidifier 0.05 Jacuzzi/spa (per 100 gal. of capacity) 0.02 Plunge pool (per 100 gal. of capacity)0.02 Swimming pool (per 1,000 gal. of capacity): 0.02 Industrial process or wastewater (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 decorative 0.50 Recycling decorative 0.10 Water softener (per ECU): Residential 0.02 20 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 12 of 33 Commercial 0.01 Fire protection sprinkler heads 0.00 (c)No outdoor water features will be allowed on Aspen Water utility accounts effective January 1, 2022. A water feature is defined as a design element in which open water serves primarily an aesthetic or decorative beneficial use. Water features include, but are not limited to: ponds, lakes, waterfalls, jets, fountains, artificial streams, water stairs, infinity pools, or cascades wherein potable water is artificially supplied to create or operate the feature. Water features do not include swimming pools or hot tubs. (d) Effective January 1, 2023, single family residential water accounts being served or requesting city treated water will be eligible for a maximum of 4.0 Equivalent Capacity Units, (ECUs), per account/parcel. (e) 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). In no event shall the ECU rating be less than the following minimums: Line Size Minimum ECU Rating ¾" 1.0 1" 2.0 1¼" 3.0 1½" 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. (f)Commercial agricultural uses shall be limited to a maximum of one (1) ECU of potable water without the prior express written consent of the City Manager. (Code 1971, § 23-44; Ord. No. 27-1985 , § 1; Ord. No. 36-1995 , § 1; Ord. No. 43-1996 , § 16; Ord. No. 30-2012 § 4; Ord. No. 15-2019 , § 2, 6-24-2019; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) Sec. 25.12.025. Utility development review fee. (a)All projects on properties within the City of Aspen that require engineering development review or that will add, change, or remove plumbing fixtures are subject to the utility development review prior to issuance of a City building permit; All projects on properties outside City of Aspen limits that may change or impact City 21 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 13 of 33 water service are subject to the utility development review prior to submittal of a Pitkin County building permit application. (b)Applicable review fees and utility investment charges must be paid prior to issuance of a City of Aspen building permit, and/or prior to submitting an application for a Pitkin County building permit. (c)If submitting a building permit application to Pitkin County for a project that may change or impact City water service, the following documents are required for the utility development review: (1) Utility development review application; (2) relevant building plans, which may include architectural, civil, and/or water efficient landscape sets; (3) City water service agreement; (4) ECU Calculator. (d)The utility development review fee shall be as set forth in Subsection (e) of the Section. (e)[Utility Development Fees.] Utility Development Fees 2023 Rate Projects with 0 to 200 Sq. Ft. of Affected Area $270.00 Projects with 201 to 5,000 Sq. Ft. of Affected Area $1.62/sq. ft. Projects of 5,001 to 15,000 Sq. Ft. of Affected Area $1.62/sq. ft. for 1st 5,000 sq. ft. + $1.35/sq. ft. thereafter Projects with more than 15,000 Sq. Ft. of Affected Area $1.62/sq. ft. for 1st 5,000 sq. ft. + $1.35/sq. ft. for next 10,000 sq. ft. + $1.24 sq. ft. thereafter Project Type Applicability and Calculation New Construction (including "scrape and replace") Fee calculated according to affected area. Affected area is calculated as square footage of the building footprint, plus the square footage of exterior disturbance. Calculation instructions are set forth in Section (f), below. Interior or exterior work that triggers an engineering development review, or includes adding, removing, or otherwise making changes to any plumbing fixtures on the property Fee calculated according to utility affected area. Utility affected area is the total square footage of all rooms/work areas in which plumbing fixtures are affected, plus the total square footage of any exterior disturbance. Calculation instructions are set forth in Section (g), below. Interior or exterior work that does not trigger an engineering development review, and does not include making any addition(s), subtraction(s), or other change(s) to plumbing fixtures No Review or Fee Required. (f)Calculating affected area for new construction projects—Affected area shall be calculated as follows: (1)Enter building footprint alteration. Building footprint alteration is defined as a level 2 alteration of work area within the building. (2)Enter new square footage. New square footage is the gross floor area being added to the building or structure as part of the project. (3)Enter building square footage. Building square footage is the building footprint alteration plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of this Subsection (f) to determine building square footage. (4)Enter square footage of the grade floor area of the project. 22 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 14 of 33 (5)Enter net building square footage. Net building square footage is equal to either the building square footage or the grade floor square footage, whichever is smaller. Enter the smaller of the two (2) numbers calculated in Section (3) or Section (4) of this Subsection (f) to determine net building square footage. (6)Enter the disturbance area. The disturbance area is the exterior area of the building where the ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area, and replacing impervious areas, layback areas, construction access areas and stockpile areas. (7)Total Affected Area equals the net building square footage plus the disturbance area. To arrive at total affected area, add the values calculated in Section (5) and Section (6) of Subsection (f) of this Section. (g)Calculating utility affected area for remodel/renovation/alteration projects—Utility affected area shall be calculated as follows: (1)Enter utility building footprint alteration. Utility building footprint alteration is defined as a level 2 alteration of work area within the building in which plumbing fixtures are affected. For example, for an interior remodel, the utility building footprint alteration is measured by the total square footage of each room in which plumbing fixtures are added, removed, or otherwise changed. (2)Enter new square footage. New square footage is the gross floor area being added to the building or structure as part of the project. (3)Enter utility building square footage. Utility building square footage is the utility building footprint alteration plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of this Subsection (g) to determine utility building square footage. (4)Enter square footage of the grade floor area of the project. (5)Enter net utility building square footage. Net utility building square footage is equal to either the utility building square footage or the grade floor square footage, whichever is smaller. Enter the smaller of the two (2) numbers calculated in Section (3) or Section (4) of this Subsection (g) to determine net utility building square footage. (6)Enter the disturbance area. The disturbance area is the exterior area of the building where the ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area, and replacing impervious areas, layback areas, construction access areas and stockpile areas. (7)Total Utility Affected Area equals the net utility building square footage plus the disturbance area. To arrive at total utility affected area, add the values calculated in Section (5) and Section (6) of Subsection (g) of this Section. (h)Definitions: (1)Building footprint alteration square footage is the work area portions of an existing building undergoing reconfiguration of space, the reconfiguration or extension of any system, or the installation of any additional equipment. (2)Utility building footprint alteration square footage is the total area of rooms within the building in which any plumbing fixtures are affected. For example, for an interior remodel, the utility building footprint alteration is measured by the square footage of each room in which plumbing fixtures are added, removed, or otherwise changed. (3)New square footage is measured within the inside perimeter of the exterior walls of the new addition under consideration, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. New square footage includes the exterior usable area under the horizontal project of the roof or floor above not surrounded by exterior walls. 23 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 15 of 33 (4)Building square footage includes both the building footprint alteration square footage and the new square footage. (5)Utility building square footage includes both the utility building footprint alteration square footage and the new square footage. (6)Grade floor area is measured within the inside perimeter of the exterior walls of a building, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. Grade floor area includes the exterior usable area under the horizontal projection of the roof or floor above not surrounded by exterior walls. (7)Net building square footage includes both the building footprint alteration square footage and the new square footage; however, the total shall not exceed the area of the grade floor area of the complete new building. (8)Net utility building square footage includes both the utility building footprint alteration square footage and the new square footage; however, the total shall not exceed the area of the grade floor area of the complete new building. (9)Disturbance area is defined by exterior area of the building where the ground is disturbed. This includes, but is not limited to, soil grading, landscaping, removing impervious area, adding impervious area, replacing impervious area, layback areas, construction access areas, and stockpile areas. (10) Affected area is the net building square footage plus the disturbance area, with the net building square footage equaling the smaller of either the building footprint alteration plus the new square footage or the grade floor square footage. (11) Utility affected area is the net utility building square footage plus the disturbance area, with the net utility building square footage equaling the smaller of either the utility building footprint alteration plus the new square footage or the grade floor square footage. ( Ord. No. 38-2016 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020) 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. All review and final utility connection permits will be signed and executed by the current owner of the property and be notarized by an authorized notary. No payment for utility connection permit fees, (tap fees), will be accepted without the corresponding signed and notarized utility connection permit. City Utilities Department will not accept payment unless all required documents are complete. 24 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 16 of 33 (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; Ord. No. 30-2012 § 7; Ord. No. 17-2020 , § 1, 11-24-2020) Sec. 25.12.040. Utility investment 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: (1)For the purpose of utility investment charge computation, the following fees shall be assessed per ECU effective January 1, 2023: Billing Area 2023 Charges per ECU Billing Area 1 $10,855 Billing Area 2 $21,710 Billing Area 3 $21,710 Billing Area 4 $13,569 Billing Area 5 $18,996 Billing Area 6 $21,710 Billing Area 7 $16,282 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. (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 25 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 17 of 33 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. Effective January 1, 2021, Well System Development fees that be calculated at a rate of one thousand six hundred seventy-five dollars ($1,675.000)/ECU. (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 ; Ord. No. 30-2012 § 8 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17- 2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) Sec. 25.16.010. Monthly rates for metered water service. All metered water accounts except temporary construction, grandfathered-in, and pre-tap customer accounts shall pay on a monthly basis the sum of charges one (1) through four (4) that follow: (a)Effective in the January 2023 monthly billing, all metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $6.30 2 2.00 $12.60 3 2.00 $12.60 4 1.25 $7.88 5 1.75 $11.03 6 2.00 $12.60 7 1.50 $9.45 (b)Effective in the January 2023 monthly billing, all metered accounts shall pay a monthly variable charge per ECU as follows: Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Remaining Usage Per ECU Over Per 1,000 Gallons Rate 4,000 $3.50 12,000 $4.49 16,000 $6.43 16,000 $9.65 (c)Effective in the January 2023 monthly billing, all metered accounts within service area pumped zones shall pay a monthly pumping charge per one thousand (1,000) gallons as follows: # of Pumps Rate Per 1,000 Gallons Pumped 1 $3.11 2 $6.22 3 $9.33 (d)Effective in the January 2023 monthly billing, all metered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $4.58 26 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 18 of 33 2 2.00 $9.16 3 2.00 $9.16 4 1.25 $5.73 5 1.75 $8.02 6 2.00 $9.16 7 1.50 $6.87 (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 ; Ord. No. 30-2012 § 20 ; Ord. No 38-2014, § 1 ; Ord. No 45- 2015 § 1 , Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) Sec. 25.16.011. Bulk rates for metered water service. (a)Effective in the January 2023 monthly billing, the bulk water sales rate and two-tier structure for Buttermilk Metro District will be: Monthly Block Tiers in Per 1,000 Gallons Rate Per 1,000 Gallons First 2,940 gallons $5.42 Over 2,940 gallons $12.72 (b)Effective January 1, 2023, the demand charge per fill up for fill station water sales pursuant to Subsection 25.08.020(e) shall be thirty dollars ($30.00) per use. (c)Effective January 1, 2023, the variable charge for fill station bulk water sales pursuant to Subsection 25.08.020(e) shall be $19.00 per 1,000 gallons. Bulk water charges for service line and mainline leaks/breaks created by non-Utility department staff will be charged at a rate of $19.00 per 1,000 gallons in areas that are gravity feed, $25.00 per 1,000 gallons in water service areas that are in a one-pump zone; and, $30 per 1,000 gallons in areas that are in a two-pump zone. ( Ord. No. 45-2015 , Ord. No. 38-2016 ; https://records.aspen.gov/WebLink/DocView.aspx?id=1412784" web="yes">Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20- 2021 , § 1, 11-23-2021) Sec. 25.16.012. Raw water rates for general raw water accounts. (a)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: (b)Effective January 1, 2023, the non-pressurized raw water rate per irrigation season is as follows: Non-Pressurized Raw Water 2023 Rate Per 1,000 Sq. Ft. $49.44 27 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 19 of 33 (c)Carriage rates for raw water (refer to "Definitions" section), shall be the same as set forward in Paragraph (d) below except where a valid contract for conveyance of the customer's own water rights provides for a different rate. (d)A one-time application and processing fee is due for each Raw Water License Agreement when a new, fully executed agreement has been signed by the owner and a City of Aspen Utilities representative. As of January 1, 2023, the one-time application and processing fee is $75.00. (e)It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw water license agreement. Any persons doing so will be subject to a penalty of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand five hundred dollars ($1,500.00) for each additional offense. ( Ord. No. 41-2004, § 5 ; Ord. No. 35-2011, § 3 ; Ord. No. 30-2012 § 23 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) 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 no later than January 20, 2009. (d)Provisions for billing are as follows: All pressurized raw water accounts shall have a working meter at the beginning of each irrigation season, no later than April 15th. (1)Effective January 1, 2023 metered rates for pressurized raw water accounts for seasonal delivery of non-potable water is as follows: Metered Pressurized Raw Water - Billing to Occur Monthly - May through October 2023 Rate Per 1,000 Gallons. $5.73 (2)If the raw water meter required in paragraph (c) above ceases to function properly during the irrigation season, a seasonal bulk water delivery rate has been established as the basis for billing the non-potable pressurized water delivery. Effective January 1, 2023, the unmetered, pressurized raw water rate for seasonal delivery of non-potable water is as follows: Unmetered Pressurized Raw Water - Billing to Occur Monthly - May through October 2023 Rate Seasonal Rate Per 1,000 Sq. Ft. $201.85 Monthly Rate Per 1,000 Sq. Ft. - Based on 6-Month Irrigation Season $33.64 28 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 20 of 33 (e)Carriage rates for raw water, (see "Definitions" section), shall be the same as those in Paragraph (d)(1) except where a valid contract provides for alternate method and procedures for billing. (f)It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw water license agreement. Any persons doing so will be subject to a penalty of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand five hundred dollars ($1,500.00) for each additional offense. ( Ord. No. 41-2004, § 5 ; Ord. No. 30-2012 § 23 ; Ord. No. 38-2014 § 3 ; Ord. No. 45-2015 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11- 23-2021) Sec. 25.16.014. Monthly rates for temporary construction water service. All temporary construction water accounts shall pay monthly the sum of charges one (1) and two (2). (a)Effective in the January 2023 month billing, all temporary construction accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $6.30 2 2.00 $12.60 3 2.00 $12.60 4 1.25 $7.88 5 1.75 $11.03 6 2.00 $12.60 7 1.50 $9.45 (b)Effective in the January 2023 monthly billing, all temporary construction accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $4.58 2 2.00 $9.16 3 2.00 $9.16 4 1.25 $5.73 5 1.75 $8.02 6 2.00 $9.16 7 1.50 $6.87 (c)Construction accounts shall pay demand and fire protection charges at the same rates as metered customers for a temporary nine-month period. Variable and pumping charges will be waived for a maximum of nine (9) months, or the duration of the construction project, whichever is less. Construction account ECU's will be based on information shown on the building permit and "review" utility connection permit. ( Ord. No. 35-2011 § 4 ; Ord. No. 30-2012 § 24 ; Ord. No. 38-2014 § 4 ; Ord. No. 45-2015 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11- 23-2021) 29 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 21 of 33 Sec. 25.16.015. Monthly rates for grandfathered-in water service All grandfathered-in water accounts shall pay monthly the sum of charges one (1) and two (2). (a)Effective in the January 2023 monthly billing, all grandfathered-in accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $6.30 2 2.00 $12.60 3 2.00 $12.60 4 1.25 $7.88 5 1.75 $11.03 6 2.00 $12.60 7 1.50 $9.45 (b)Effective in the January 2023 monthly billing, all grandfathered-in accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $4.58 2 2.00 $9.16 3 2.00 $9.16 4 1.25 $5.73 5 1.75 $8.02 6 2.00 $9.16 7 1.50 $6.87 ( Ord. No. 35-2011 § 5 ; Ord. No. 30-2012 § 26 ; Ord. No. 38-2014 § 5 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) Sec. 25.16.016. Monthly rates for pre-tap water service. All pre-tap water accounts shall pay the sum of charges one (1) and two (2). (a)Effective in the January 2023 monthly billing, all pre-tap accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $6.30 2 2.00 $12.60 3 2.00 $12.60 4 1.25 $7.88 5 1.75 $11.03 6 2.00 $12.60 7 1.50 $9.45 30 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 22 of 33 (b)Effective in the January 2023 monthly billing, all pre-tap accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $4.58 2 2.00 $9.16 3 2.00 $9.16 4 1.25 $5.73 5 1.75 $8.02 6 2.00 $9.16 7 1.50 $6.87 ( Ord. No. 35-2011 § 6 ; Ord. No. 30-2012 § 26 ; Ord. No. 38-2014 § 6 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord. no. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) Sec. 25.16.020. Monthly rates for unmetered water service. All unmetered water accounts shall pay the sum of charges one (1) and two (2). (a)Effective in the January 2023 monthly billing, all unmetered water service accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $112.24 2 2.00 $224.50 3 2.00 $224.50 4 1.25 $140.31 5 1.75 $196.44 6 2.00 $224.50 7 1.50 $168.38 (b)Effective in the January 2023 monthly billing, all unmetered water service accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $4.58 2 2.00 $9.16 3 2.00 $9.16 4 1.25 $5.73 5 1.75 $8.02 6 2.00 $9.16 7 1.50 $6.87 ( Ord. No. 35-2011, § 6 ; Ord. No. 30-2012 § 27 ; Ord. No. 38-2014, § 7 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) 31 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 23 of 33 Sec. 25.16.021 Senior Water Rates. (a)Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual water rates set forth in Sections 25.16.010 and 25.16.020. (b)Qualified senior citizen shall be defined by the Pitkin County Social Services Department in consultation with the Pitkin County Senior Services Council. (c)The Utilities Director 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. (d)A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of charges one (1) through four (4) that follow: (1)Effective in the January 2023 monthly billing, all senior metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 90% $5.67 2 2.00 90% $11.34 3 2.00 90% $11.34 4 1.25 90% $7.09 5 1.75 90% $9.92 6 2.00 90% $11.34 7 1.50 90% $8.51 (2)Effective in the January 2023 monthly billing, all senior metered accounts shall pay a monthly variable charge per ECU as follows: Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Remaining Usage Per ECU Over Per 1,000 Gallons Rate 4,000 $3.50 12,000 $4.49 16,000 $6.43 16,000 $9.65 (3)Effective in the January 2023 monthly billing, all senior metered accounts within service area pumped zones shall pay a monthly pumping charge per 1,000 gallons as follows: # of Pumps Rate Per 1,000 Gallons Pumped 1 $3.11 2 $6.22 3 $9.33 (4)Effective in the January 2023 monthly billing, all senior metered accounts shall pay a monthly fire protection charge per ECU as follows: 32 Created: 2022-07-19 14:49:42 [EST] (Supp. No. 3, Update 3) Page 24 of 33 Billing Area Billing Factor (Included) Percentage of Regular Metered Fire Protection Charge Per ECU Rate 1 1.00 90% $4.12 2 2.00 90% $8.24 3 2.00 90% $8.24 4 1.25 90% $5.15 5 1.75 90% $7.21 6 2.00 90% $8.24 7 1.50 90% $6.18 (c)An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly basis the sum of charges one (1) through two (2) that follow: (1)Effective in the January 2023 monthly billing, all senior unmetered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 30% $33.67 2 2.00 30% $67.35 3 2.00 30% $67.35 4 1.25 30% $42.09 5 1.75 30% $58.93 6 2.00 30% $67.35 7 1.50 30% $50.51 (2)Effective in the January 2023 monthly billing, all senior unmetered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Fire Protection Charge Per ECU Rate 1 1.00 30% $1.37 2 2.00 30% $2.75 3 2.00 30% $2.75 4 1.25 30% $1.72 5 1.75 30% $2.40 6 2.00 30% $2.75 7 1.50 30% $2.06 (Code 1971, § 23-102; Ord. No. 27-1985, § 1 ; Ord. No. 48-1986, § 1(A) (B ); Ord. No. 51-1987, § 2 ; Ord. No. 1-1988 ; Ord. No. 8-1990, § 2 ; Ord. 39-1993, § 7 ; Ord. No. 35-2011, § 8 ; Ord. No. 30-2012, § 28 ; Ord. No. 38-2014, § 8 ; Ord. No. 45-2015 ; Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-202 33 Created: 2022-07-19 14:49:43 [EST] (Supp. No. 3, Update 3) Page 25 of 33 Sec. 25.16.023 Property owners financially liable for unpaid utility charges and fees. On city water accounts that are ninety (90) days or more past due with the named customer being a tenant at the subject premise, city reserves the right to revert such water account into the owner’s name and from that point forward owner shall be the responsible party on subject water account. In situations where unpaid water utility charges and fees remain on a finaled owner or tenant account, the current owner will be financially responsible and liable for these previous amounts due forty-five (45) days after the transfer of previous owner or tenant. (Ord. No. 20-2021 , § 1, 11-23-2021) Sec. 25.16.027. Water Utility Advanced Metering Infrastructure (AMI). (1). Advanced Metering Infrastructure, (AMI), technology provides 24/7 water consumption information for both the city water customer and the utility billing staff, which can be used for troubleshooting usage issues, account analysis, and billing. AMI meters will be read remotely instead of having to send city staff to a home or business each month to read the meter, thus improving operational efficiency and providing customers with near real-time energy use information. (2) Except as expressly provided in this Chapter, all water service shall be metered and with meters utilizing AMI technology. As of January 1, 2023, the City of Aspen Water Department will require AMI technology in all water meters used or installed by its account owners, except as expressly provided herein. (3) Residential account owners have the option to “opt-out” of upgrading to a meter with AMI technology and utilize a non-communicating water meter for a monthly fee. AMI Opt-Out requests shall be made in writing using the forms prescribed by the City of Aspen Water Department. Opt-out requests may only be made by the owner of record listed on the property’s City of Aspen Water Department account. The property owner shall be responsible for all fees associated with an account that has elected to opt out of the AMI metering requirements. (4) Residential customers and account owners that have experienced meter tampering/manipulation, unauthorized electric connections/use, have a past-due balance at the time of opt-out request, or have been disconnected for non-payment will not be eligible to opt-out of their AMI meter installation. Commercial, Solar, and common HOA accounts are not eligible to opt out of AMI. (5) Residential account owners that have opted-out of utilizing a meter with AMI technology will be assessed a monthly opt-out fee of $35.00 per meter on the next monthly utility bill and each monthly bill thereafter to cover the cost of staff time, vehicle expense, and annual maintenance costs associated with a manual meter reading software system. City water account owners may cancel their opt-out status at any time and the monthly $35.00 fee will be discontinued on their water account starting with the next monthly bill run cycle. (6) Residential water account owners that have not received approval by the Utilities Department Director to opt-out of the AMI technology and have not upgraded to a meter with AMI technology on or before January 1, 2023, shall be assessed a monthly fee of $60.00 per meter on the next monthly utility bill and each monthly bill thereafter until the account owner for that water meter comes into compliance. . Sec. 25.16.035. Backflow prevention and cross-connection control. (a)The purpose of this backflow prevention and cross-connection control program is to protect the City's water system from contaminants or pollutants that could enter the distribution system by backflow from a customer's water supply system through the service connection. As a supplier of public drinking water, the 34 Created: 2021-06-27 06:59:55 [EST] (Supp. N0. 2, Update 1) Page 26 of 33 City of Aspen has the authority to survey all service connections within the City's water distribution system to determine whether any connection is a cross-connection; to control all service connections within the distribution system that are cross-connections; to charge a fee for the administration of the cross-connection control program; to maintain records of surveys and the installation, testing and repair of all backflow prevention assemblies permitted or required under this program; and to administer, implement and enforce the provisions of this cross-connection control program. (b)The provisions of this Section apply to all commercial, industrial, multi-family, and single-family residential service connections with the City's potable water system. (c)Definitions: Active Date means the first day that a backflow prevention assembly or backflow prevention method is used to control a cross-connection in each calendar year. Air Gap is a physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel installed in accordance with standard AMSE A112.1.2. Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the public water systems distribution system from any source or sources other than its intended source. Backflow Contamination Event means backflow into a public water system from an uncontrolled cross connection such that the water quality no longer meets the Colorado Primary Drinking Water Regulations or presents an immediate health and/or safety risk to the public. Backflow Prevention Assembly means any mechanical assembly installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is appropriate for the identified contaminant or pollutant at the cross connection and is an in-line field-testable assembly. Backflow Prevention Method means any method and/or non-testable device installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non-testable device is appropriate for the identified contaminant or pollutant at the cross connection. Certified Cross-Connection Control Technician means a person who possesses a valid Backflow Prevention Assembly Tester certification from one of the following approved organizations: American Society of Sanitary Engineering (ASSE) or the American Backflow Prevention Association (ABPA). If a certification has expired, the certification is invalid. Containment means the installation of a backflow prevention assembly or a backflow prevention method at any connection to the City's water system that supplies an auxiliary water system, location, facility, or area such that backflow from a cross connection into the City's water system is prevented. Containment by Isolation means the installation of backflow prevention assemblies or backflow prevention methods at all cross connections identified within a customer's water system such that backflow from a cross connection into the City's water system is prevented. Controlled means having an appropriate and properly installed, maintained, and tested or inspected backflow prevention assembly or backflow prevention method that prevents backflow through a cross connection. Cross Connection means any connection that could allow any water, fluid, or gas such that the water quality could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture, or a customer's water system into a public water system's distribution system or any other part of the public water system through backflow 35 Created: 2021-06-27 06:59:55 [EST] (Supp. N0. 2, Update 1) Page 27 of 33 Multi-Family means a single residential connection to the City water system's distribution system from which two (2) or more separate dwelling units are supplied water. Service Connection means any connection of a water supply or premises plumbing system to the City of Aspen's water distribution or system. Single-family means: (1)A single dwelling which is occupied by a single family and is supplied by a separate service line; or (2)A single dwelling comprised of multiple living units where each living unit is supplied by a separate service line. Uncontrolled means not having an appropriate and/or properly installed and maintained and tested or inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or backflow prevention method does not prevent backflow through a cross connection. Water Supply System means a water distribution system, piping, connection fittings, valves and appurtenances within a building, structure, or premises. Water supply systems are also referred to commonly as premises plumbing systems. (d)Requirements: (1)Commercial, industrial, multi-family, and single-family service connections shall be subject to a survey for cross connections. If a cross connection has been identified, an appropriate backflow prevention assembly and or method shall be installed at the customer's water service connection within ninety (90) days of its discovery. The assembly shall be installed downstream of the water meter or as close to that location as deemed practical by the public water system. If the assembly or method cannot be installed within ninety (90) days, the Utilities Department shall take action to control or remove the cross connection, suspend service to the cross connection, and/or receive an alternative compliance schedule from the Colorado Department of Public Health and Environment. (2)In no case shall it be permissible to have connections or tees between the meter and the containment backflow prevention assembly, unless such connections or tees are adequately controlled to achieve containment by isolation. a.In instances in which an appropriate backflow preventer cannot be installed to achieve containment, the property owner must install approved backflow prevention devices or methods at all cross-connections within the premises plumbing system to achieve containment by isolation. (3)Backflow prevention assemblies and methods shall be installed in a location which provides access for maintenance, testing, and repair, and in accordance with the guidelines and requirements set forth in the Plumbing Code currently observed by the City of Aspen. (4)Reduced pressure principle backflow preventers shall not be installed in a manner or location that is subject to flooding. (5)Provisions shall be made to provide adequate drainage from the discharge of water from reduced pressure principle backflow prevention assemblies. Such discharge shall be conveyed in a manner which does not impact waters of the state. (6)All assemblies and methods shall be protected to prevent freezing. Those assemblies and methods used for seasonal services may be removed upon cessation of those seasonal services in lieu of being protected from freezing. Any and all assemblies and methods that are removed from seasonal points of 36 Created: 2021-06-27 06:59:55 [EST] (Supp. N0. 2, Update 1) Page 28 of 33 service in lieu of being protected from freezing must be reinstalled and tested by a certified cross connection control technician prior to recommencing seasonal service. (7)Where a backflow prevention assembly or method is installed on a water supply system using storage water heating equipment such that thermal expansion causes an increase in pressure, an approved, listed, and adequately sized expansion tank or other approved device having a similar function to control thermal expansion shall be installed. (8)All backflow prevention assemblies shall be inspected and tested at the time of installation and inspected and tested at least once annually thereafter. Such tests must be conducted by a Certified Cross-Connection Control Technician. Backflow Inspectors are required to tag inspected backflow assemblies indicating date of inspection, a pass/fail designation, and their certification information. This tag requirement includes PVBs on irrigation systems. (9)The City Utilities Department shall require inspection, testing, maintenance and as needed repairs and replacement of all backflow prevention assemblies and methods, and of all required installations within a customer's premises plumbing system in the cases where containment assemblies and or methods cannot be installed. City Utilities’ customers shall be charged up to $50 per day fee for non- compliant and/or uninspected backflow assemblies past the 12 month required inspection date. (10) All costs for design, installation, maintenance, testing and as needed repair and replacement are to be borne by the customer. (11) No grandfather clauses exist except for fire sprinkler systems in which the installation of a backflow prevention assembly or method will compromise the integrity of the fire sprinkler system. (12) All building plans for new buildings must be submitted to the City of Aspen Water and Engineering Departments for review and must be approved by both Departments prior to the provision of water service. Building plans must show: a.Water service type, service line size, and location; b.Water meter size and location; c.Backflow prevention assembly size, type, and location; d.Fire sprinkler system type, line size, location, and type of backflow prevention assembly. (13) All fire sprinkler lines shall have a minimum protection of an approved double check valve assembly for containment of the system. (14) All glycol (ethylene or propylene), or antifreeze systems shall have an approved reduced pressure principle backflow preventer for containment. (15) Dry fire systems shall have an approved double check valve assembly installed upstream of the air pressure valve. (16) In cases wherein the installation of a backflow prevention assembly or method will compromise the integrity of the fire sprinkler system, the City Utilities Department can choose to not require the backflow protection. In such cases, the City Utilities Department will measure chlorine residual at a location representative of the service connection once a month and perform periodic bacteriological testing at the site. If the City Utilities Department suspects water quality issues, the Department will evaluate the practicability of requiring that the fire sprinkler system be flushed periodically and require such flushing where practicable. 37 Created: 2021-06-27 06:59:55 [EST] (Supp. N0. 2, Update 1) Page 29 of 33 (e)Backflow prevention assemblies or methods shall be tested by a certified cross-connection control technician upon installation and tested at least once annually thereafter. The tests shall be conducted at the expense of the customer. (1)Any backflow prevention assemblies or methods that are non-testable shall be inspected at least once annually by a certified cross-connection control technician and replaced at least every five (5) years by a master plumber. The inspections and replacements shall be made at the expense of the customer. (2)As necessary, backflow prevention assemblies or methods shall be repaired and retested or replaced and tested at the expense of the customer whenever the assemblies or methods are found to be defective. (3)Testing gauges shall be tested and calibrated for accuracy at least once annually. (f)Reporting and Recordkeeping: (1)Copies of records of test reports, repairs and retests, or replacements shall be kept by the customer for a minimum of three (3) years. (2)Copies of records of test reports, repairs and retests shall be submitted to the Utilities Department by mail, e-mail, or hand-delivery by the testing company or testing technician. (3)Information on test reports shall include, but may not be limited to, a.Assembly or method type b.Assembly or method location c.Assembly make, model and serial number d.Assembly size e.Test date; and f.Test results including all results that would justify a pass or fail outcome g.Certified cross-connection control technician certification agency h.Technician's certification number i.Technician's certification expiration date j.Test kit manufacturer, model, and serial number k.Test kit calibration date (4)The Utilities Department must notify the Colorado Department of Public Health and Environment's Water Quality Control Division (CDPHE) of any suspected or confirmed backflow contamination event and consult with the CDPHE on any appropriate corrective measures no later than twenty-four (24) hours after learning of the backflow contamination event. The Utilities Department shall notify the CDPHE within forty-eight (48) hours after it becomes aware of any backflow prevention and cross- connection control violation or any backflow prevention and cross-connection control treatment technique violation. The CDPHE shall distribute public notice of violations as specified in and required by Colorado Primary Drinking Water Regulation 11. (g)A properly credentialed representative of the City Utilities Department shall have the right-of-entry to survey any and all buildings and premises for the presence of cross-connections and/or possible contamination risks or hazards, and for determining compliance with this Section. This right-of-entry shall be a condition of water 38 Created: 2021-06-27 06:59:55 [EST] (Supp. N0. 2, Update 1) Page 30 of 33 service from the City in order to protect the health, safety, and welfare of customers throughout the City's water distribution system. (h)Compliance: (1)Customers shall cooperate with the installation, inspection, testing, maintenance, and as needed repair and replacement of backflow prevention assemblies and with the survey process. For any identified uncontrolled cross-connections, the Utilities Department shall complete one of the following actions within ninety (90) days of its discovery: a.Control the cross connection b.Remove the cross connection c.Suspend service to the cross connection (2)The Utilities Department shall give notice of violation in writing to any owner whose plumbing system has been found to present a risk to the City's water distribution system through any uncontrolled cross connection(s). The notice shall state that the owner must install a backflow prevention assembly or method at each service connection to the owner's premises to achieve containment, or that the owner must install a backflow prevention assembly on each cross-connection hazard on the premises plumbing system to achieve containment by isolation. The notice of violation will give a date by which the owner must comply. a.In instances in which a backflow prevention assembly or method cannot be installed to achieve containment, the owner must install approved backflow prevention assemblies or methods at all cross-connections within the owner's water supply system to achieve containment by isolation. The notice of violation will give a date by which the owner must comply. (3)On or before May 1, 2017, and on or before May 1 of each year thereafter, the Utilities Department shall develop and submit to the Colorado Department of Public Health and Environment its written backflow prevention and cross-connection control annual report for the prior calendar year, as required by Colorado Primary Drinking Water Regulation 11. (i)Violations and Penalties: (1)It shall be unlawful for any City water customer to operate the customer's premises plumbing system or water supply system contrary to or in violation of any of the provisions of this Code. (2)A violation of any of the provisions of the Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. (3)Failure to comply with the terms of this Article, including, but not limited to, failure to pay the necessary fees, charges and taxes, and failure to otherwise comply with the terms of this Article shall constitute an offense and a violation thereof. Every person violating this Article shall be punished, upon conviction, by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) per assembly, or by imprisonment for not more than ten (10) days, or both such fine and imprisonment for each offense. Delinquency for each calendar month shall constitute a separate offense. ( Ord. No. 38-2016 ; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021) 39 Created: 2021-06-27 06:59:55 [EST] (Supp. N0. 2, Update 1) Page 31 of 33 Sec. 25.30.030. Applicability. (a)After June 22, 2017, the City of Aspen Water Efficient Landscaping standards shall apply to the following projects that use City of Aspen potable water, as well as to Aspen raw water accounts utilizing City-owned water rights: (1)Landscaping, grading, installing or disturbing hardscapes, additions to structures, etc. that has a disturbance area greater than one thousand (1,000) square feet and greater than twenty-five percent (25%) of the entire lot or parcel. (2)All building permits that trigger a "substantial remodel" per Title 25 of the Municipal Code, defined as the increase by fifty percent (50%) or more 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). (Ord. No. 18-2002 § 3 [part]; Ord. No. 17-2018 ; Ord. No. 28-2018 ; Ord. No. 9-2020 , 1-28-2020; Ord. No. 9-2020 , § 1, 1-28-2020; Ord. No. 20-2021 , § 1, 11-23-2021) Sec. 25.30.080. Deposit Requirements for Temporary Certificates of Occupancy. In accordance with the Water Efficient Landscaping Standards, Section 5.8.3, The City of Aspen shall: (a) Receive the signed Approval Letter from the project applicant; (b) Approve or deny the Approval Letter. If the Approval Letter is denied, the City of Aspen shall provide information to the project applicant regarding reapplication, appeal, or other assistance; (c) If a certificate of occupancy is issued in winter months when landscaping and irrigation systems cannot be inspected for compliance, Aspen Water Department will require a deposit equal to the identified cost to complete the landscaping and irrigation plan. Once compliance has been confirmed, the deposit will be returned in full. Therefore, if a property owner, or their representative, requests a Temporary Certificate of Occupancy for City parcel on City Water or County parcel on City Water prior to complete installation of the landscape and irrigation, followed by a third-party audit, and final City of Aspen Approval Letter, the property owner will submit an estimate to complete the remaining irrigation and landscaping work and pay a deposit as set out below prior to issuance of the Temporary Certificate of Occupancy. Temporary Certificates of Occupancies issued during the winter months must complete associated irrigation and landscaping per submitted plans and pass a completed 3rd Party Audit and City of Aspen Final Inspection prior to July 15th of the subsequent irrigation season. For project cost estimates, applicant is required to submit remaining project cost details including: plant costs, labor costs, and irrigation system costs. Deposit Schedule for Landscaping and Irrigation Project cost estimate Deposit $0—50,000 50%—Minimum $5,000.00 $50,000—100,000 25% Over $100,000 15% (Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 9-2020 , § 1, 1-28-2020; Ord. No. 20-2021 , § 1, 11-23-2021) 40 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 32 of 33 Section 2. Any and all existing ordinances or parts of ordinances of the City of Aspen covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City of Aspen hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. Section 4. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. Section 5. 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 prior ordinances. FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of November, 2022. Attest: Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed, and approved this 27th day of November, 2022. Attest: Nicole Henning, City Clerk Torre, Mayor Approved as to form: 41 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 33 of 33 James R. True, City Attorney 42 FY23 Budget & Compass ReportKids First (Fund 152)Shirley Ritter – DirectorOctober 18, 20221143 2021/2022 COMPASS WINS2•Qualified Placement of Childcare StaffCommunity Impact•Childcare Staff Retention•Maintained Childcare CapacityTop 3 ProjectsIntern Early Childhood TeacherOpen Infant Room at Colorado Mountain CollegeVIP Award to Childcare Staff•Extends Childcare to     8 Families!44 2022/2023 COMPASS HIGHLIGHTS3PROJECTS:•Design & Plan For Classrooms•Evaluate Building SpacesGOAL: Increase Childcare Capacity For Working Families 45 2022/2023 COMPASS HIGHLIGHTSPROJECTS:•Wage Enhancement For Childcare Staff•Hiring Bonus For Childcare Staff•Early Childhood Teacher Intern ProgramGOAL: Strengthen Early Childhood Workforce Recruitment & Retention46 2022/2023 COMPASS HIGHLIGHTS5PROJECTS:•Promote Online Platform•Launch “Aspen Kids Guide”•New Financial Aid Application SystemGOAL: Enhance Communication Efforts For Early Childhood Education 47 6Kids First (7.8)General Administrative (1.6)Yellow Brick Building (1.4)Financial Aid (0.8)Quality Improvement Support (3)Reimbursable Support (1)KIDS FIRST STRUCTUREPersonnel Services29%Services & Contracts10%Supplies1%Utilities1%Capital9%Other39%Overhead & Allocations11%2023 Budget by Expense Type48 KIDS FIRST REVENUES7Sales Tax95%Childcare Grants1%Facilities Maintenance4%2023 2024 2025 2026 2027Request Projection Projection Projection ProjectionOpening Balance $6,962,008 $7,810,628$8,531,848 $9,652,518 $10,978,388Sales Tax $4,050,150 $4,212,200 $4,380,700 $4,555,900 $4,738,100Investment Income $0 $156,210 $170,640 $193,050 $219,570Other Revenues $1,000 $1,000 $1,000 $1,000 $1,000Non‐Classified $4,051,150 $4,369,410 $4,552,340 $4,749,950 $4,958,670Grants/Reimbursable Support $80,000 $80,600 $81,210 $81,830 $82,470Facilities Maintenance $184,000 $187,680 $191,440 $195,270 $199,180Total Revenues $4,315,150 $4,637,690 $4,824,990 $5,027,050 $5,240,320Year 2023 2024 2025 2026 2027Kids First (75%)4,050,150 4,212,150 4,380,600 4,555,800 4,738,050 Housing Dev (25%)1,350,050 1,404,050 1,460,200 1,518,600 1,579,350 0.45% Sales Tax Total5,400,200 5,616,200 5,840,800 6,074,400 6,317,400 Increase to Kids First 1,080,050 1,123,250 1,168,140 1,214,840 1,263,450 Net Impact of Redistributing 0.45% Sales Tax from 55% to 75% to Kids First49 KIDS FIRST EXPENDITURES8Administrative10%Enrollment Support56%Childcare Prg Support26%Property Maintenance8%Operating Budget2023 2024 2025 2026 2027Request Projection Projection Projection ProjectionAdministrative $357,000 $369,520 $382,130 $395,270 $408,950Enrollment Support $1,251,640 $1,819,720 $1,742,200 $1,665,320 $1,589,080Childcare Program Support $889,090 $868,000 $897,310 $928,010 $827,230Facilities Maintenance $256,860 $265,690 $274,540 $283,740 $293,370Operating $2,754,590 $3,322,930 $3,296,180 $3,272,340 $3,118,630Capital $314,800 $197,100 $2,500 $8,700 $1,200Transfers Out $397,140 $396,440 $405,640 $420,140 $428,960Total Uses $3,466,530 $3,916,470 $3,704,320 $3,701,180 $3,548,790Targeted Reserve (12.5%) $433,316 $489,559 $463,040 $462,648 $443,599Ending Fund Balance $7,810,628 $8,531,848$9,652,518 $10,978,388 $12,669,918% of Target 1,803% 1,743% 2,085% 2,373% 2,856% 50 2023 SUPPLEMENTAL REQUESTS9Early Childhood Staff Support: $824,820•$600,000: Wage Enhancement Childcare Staff Supports•$154,820: 2 Early Childhood Education Interns•$45,000: New Teacher Hiring Bonus•$25,000: Management & Support Grants•Foregone Revenue: $150,000 •Yellow Brick Rent Waived (All Rooms) •Utilities & Trash Still Paid By Lease HoldersProposed Budget Only Includes:‐2 Early Childcare Interns‐$50,000 Management & Support Grants‐$30,000 New Teacher Hiring Bonus51 2023 Major Capital Projects10Appropriations by YearPrior Years $20,0002023 $175,000Out Years $0Lifetime Budget $195,00051442 Yellow Brick Entrance Replacement & Redesign•Replace Unsafe Entry Steps East & West Entrances•Yellow Brick Building Safety Is Critical•Steps Are In Major Disrepair•Designed To Replicate The Current Historic DesignationTask Level BudgetDesign & Engineering $20,000Hard Construction Cost $130,000Project Contingencies $45,000 52 2023 Capital Projects11Capital Projects 202350551 Plumbing ‐ Yellow Brick $101,700Capital Maintenance Projects 202340052 Exterior ‐ Yellow Brick Building $38,100 53 12SummaryQuestions?Compass Goals:‐Increase Childcare Capacity For Working Families‐Strengthen Workforce Recruitment & Retention‐Enhance Communication EffortsSupplementals: ‐$824,820 To Increase Support For Childcare Staff Recruitment & Retention‐$150,000 Foregone Rent At Yellow BrickCapital: $314,800 54 FY23 Budget & Compass ReportUtilities Department (Water - 421 Fund & Electric - 431 Fund)Tyler Christoff – DirectorOctober 18, 20221355 2021/2022 COMPASS WINS14Community Impact•Strategic alignment•Accountability•Resource transparency Top 3 ProjectsInfrastructure ReplacementCost of ServiceAdvanced Metering Infrastructure•Customer service•Future readiness•Downtown circuit renewal •Stable utility model•Equity •Foundation for future56 2022/2023 COMPASS HIGHLIGHTS15PROJECTS:•Advanced Metering Infrastructure (Water/Electric) •Customer Portal (Water/Electric)•Consumer Confidence Index (Water)GOAL: Exceed Customer Service Expectations 57 2022/2023 COMPASS HIGHLIGHTS16PROJECTS:•Cost of Service & Rate Setting•Conservation Programming •Resource Equity & Distribution GOAL: Ensure Equitable, Inclusive Access To Water & Electric Services 58 FY23 BudgetWater Utility (Fund 421)Tyler Christoff – DirectorOctober 18, 20221759 18Water (27.34 FTE)Admin & Facilities (3.94)Development Review (4.8)Efficiency Program (0.25)Treated Water (3.35)Untreated Water (0.7)Distribution Management (7.25)Water Rights (0.65)Capital Labor (1.75)Utility Billing (3.35)WATER STRUCTUREPersonnel Services28%Services & Contracts11%Supplies4%Utilities1%Capital34%Overhead & Allocations22%2023 Budget by Expense Type60 WATER REVENUES19Demand Service35%Variable Service48%Other Water Services12%Development Review Fees5%2023 2024 2025 2026 2027Request Projection Projection Projection ProjectionOpening Balance $7,027,354 $6,407,324 $7,040,224 $6,495,834 $7,279,184Demand Service $3,645,000 $3,916,000$4,104,000 $4,302,000 $4,509,000Variable Service $5,108,000 $5,519,000$5,800,000 $6,096,000 $6,407,000Other Water Services $1,257,000 $1,305,000$1,335,000 $1,355,000 $1,385,000Development Review Fees $550,800 $561,820 $573,060 $584,520 $596,210Tap Fees $1,542,960 $1,343,120 $1,443,280 $1,443,450 $1,543,620Other Revenues $23,360 $136,530 $149,200 $138,340 $154,020Total Revenues $12,127,120 $12,781,470 $13,404,540 $13,919,310 $14,594,850 61 Cost of Service – Year 520Cost Of Service Methodology•Actual Cost To Deliver Utility Services•Costs Shared Proportionally •Transition Over 5 Years •Incremental Approach •Addresses Increasing Costs/Complexities In Operations62 Year 5 - Residential Water - Downtown21WATER UTILITY RATES2022 AVERAGE BILLPROPOSED RATE CHANGE2023 AVERAGE BILL   Water Variable (Consumption) $33.105.91%$35.00   Water Demand $16.611.31%$16.82   Fire Charge $10.8412.93%$12.23Average Residential ‐‐ Downtown $60.55 $64.052.67 ECUs & 0 Pumps / 10,000 gallons (percentage change)5.78%63 Year 5 - Residential Water – Red Mountain22WATER UTILITY RATES2022 AVERAGE BILLPROPOSED RATE CHANGE2023 AVERAGE BILL   Water Variable (Consumption) $200.805.91%$212.54   Water Demand $49.761.31%$50.40   Fire Charge $32.4812.93%$36.64   Pump Charge $142.509.28%$155.50Average Residential ‐‐ Red Mtn.$425.54 $455.084.0 ECUs & 1 Pumps / 50,000 gallons (percentage change)6.94%64 Year 5 - Commercial Water 23WATER UTILITY RATES2022 AVERAGE BILLPROPOSED RATE CHANGE2023 AVERAGE BILL   Water Variable (Consumption) $390.005.91%$412.81   Water Demand $56.851.31%$57.58   Fire Charge $37.1112.93%$41.86Average Commercial$483.96 $512.259.14 ECUS & 0 Pumps / 100,000 gallons (percentage change)5.85%65 2022 Proposed Fee Changes24Water Utility Investment Charge (Tap Fees)•One‐time Fees Assessed To A New Customer Connecting To The Water System Or To An Existing Customer Who Is Increasing Their Demand On The System. •Cost Recovery Model For Applicant’s Incremental Increased Demand On Water Infrastructure 2023 – Proposed 10% Increase 66 WATER EXPENDITURES25Administrative16%Development Services11%Utility Billing Services10%Efficiency Program2%Treated Water15%Untreated Water7%Distribution Management28%Water Campus3%Water Rights7%Operating Budget2023 2024 2025 2026 2027Request Projection Projection Projection ProjectionInspection Services $25,770 $26,920 $28,060 $29,250 $30,500Administrative $842,700 $804,730 $820,970 $837,510 $854,390Development Services $594,120 $617,660 $642,290 $668,100 $695,120Utility Billing Services $511,710 $530,140 $548,490 $567,650 $587,690Efficiency Program $128,590 $132,040 $135,540 $139,160 $142,880Treated Water $810,690 $837,320 $864,100 $891,940 $920,930Untreated Water $368,440 $380,160 $391,920 $404,160 $416,900Distribution Management $1,452,840 $1,501,650 $1,550,510 $1,601,420 $1,654,440Water Campus $160,210 $165,550 $170,890 $176,470 $182,250Water Rights $351,200 $360,630 $370,170 $380,010 $390,180Operating $5,246,270 $5,356,800 $5,522,940 $5,695,670 $5,875,280Capital $4,676,680 $4,231,030 $5,829,920 $4,899,080 $6,880,140Transfers Out $2,824,200 $2,560,740 $2,596,070 $2,541,210 $2,609,330Total Uses $12,747,150 $12,148,570 $13,948,930 $13,135,960 $15,364,750Targeted Reserve (25%) $3,186,788 $3,037,143$3,487,233 $3,283,990 $3,841,188Ending Fund Balance $6,407,324 $7,040,224 $6,495,834 $7,279,184 $6,509,284% of Target 201% 232% 186% 222% 169% 67 2023 SUPPLEMENTAL REQUESTS26•Munis CIS Cloud‐Based Billing Software $53,000 (Ongoing)•Water Utility’s Portion of Annual Costs is $26,500 (50%)•Includes Citizen Self Service Portal with 24/7 Access•Features Revenue Management System for Billing & Tracking ALL City Utilities Accounts Receivables•Customer Notification Software for Real‐Time Alerts –e.g., Outage Notifications•Built‐In Integrations with Oracle Financials, Sensus AMI, Laserfiche, & On‐Line Payment softwareTab 3 Page 41 in Budget Book68 2023 Major Capital Projects2769 2023 Major Capital Projects28Appropriations by YearPrior Years $4,000,0002023 $1,375,000Out Years $0Lifetime Budget $5,375,00051317 Maroon Creek Penstock Lining Project•Rehabilitation & Replacement Of 7,202 LF Of 48‐year‐old Concrete Piping •Increase Number Of Manned Access Points, Air Release, & Drain Points For Improved Maintenance Support•Finish Design & Permitting 2022: Construction 2023‐2024Task Level BudgetDesign & Engineering $45,000Testing & Inspection $75,000Plan / Permit Fees $60,000Hard Construction Cost $4,725,000Project Contingencies $470,000Tab 8 421 Fund Page 5 in Budget Book70 2023 Major Capital Projects29Appropriations by YearPrior Years $80,0002023 $450,000Out Years $0Lifetime Budget $530,00050574 New Disinfection System & Building•Replacement Of Chemical Feed & Storage Equipment •Construction Of New Building To House Feed & Storage Equipment With Upgraded Secondary Containment & Operator Safety Features, I.E. Eyewash & Shower, HVAC, Etc.•Improved Automation & Controls•Design & Permitting: 2022‐2023, Construction: 2024‐2025Task Level BudgetDesign & Engineering $80,000Hard Construction Cost $430,000Project Contingencies $20,000Tab 8 421 Fund Page 6 in Budget Book71 2023 Major Capital Projects30Appropriations by YearPrior Years $50,0002023 $400,000Out Years $0Lifetime Budget $450,00051129 Micro Hydro at Maroon Creek•City Operates A 450‐kw Hydroelectric Power Plant•Interested In Adding An Additional 11‐20 Kw Power Production Facility Immediately Downstream Of Current Diversion Structure•Tailrace Water Discharges At Location•Project Timing: TBDTask Level BudgetDesign & Engineering $200,000Hard Construction Cost $150,000Project Contingencies $100,000Tab 8 421 Fund Page 7 in Budget Book72 2023 Major Capital Projects31Appropriations by YearPrior Years $100,0002023 $395,000Out Years $0Lifetime Budget $495,00050943 Fluoride Feed System Replacement•Replacement Of Existing Chemical Feed & Storage Equipment •Installation Of Upgraded Secondary Containment & Operator Safety Features, I.E. Eyewash & Shower, HVAC, Etc.•Improved Automation & Controls•Design & Permitting: 2022‐2023, Construction: 2024‐2025Task Level BudgetDesign & Engineering $100,000Hard Construction Cost $375,000Project Contingencies $20,000Tab 8 421 Fund Page 8 in Budget Book73 2023 Major Capital Projects32Appropriations by YearPrior Years $500,0002023 $350,000Out Years $0Lifetime Budget $850,00051327 Pump Station Standby Power•Installation Of Gas‐powered Generators At Six Key Pump Stations: 1 Completed 2022, 2 Planned In 2023, 3 More Planned In Future. •Ability To Convey Water & Fill Storage Tanks In The Event Of A Power Outage•Multi‐year Project, Design & Construction Timeline VariesTask Level BudgetDesign & Engineering $160,000Hard Construction Cost $640,000Project Contingencies $50,000Tab 8 421 Fund Page 9 in Budget Book74 2023 Major Capital Projects33Appropriations by YearPrior Years $320,0002023 $350,000Out Years $0Lifetime Budget $670,00050937 WTP Campus Exterior Building & Road Improvements•Repair & Replace Water Treatment Facility Exteriors•Improvements To Snow Fences, Metal Roof Repair, Exterior Stucco & Coating •Improvements To WTP Campus Site Drainage & Asphalt Replacement •Design: 2022‐2023, Construction: 2024‐2025Task Level BudgetDesign & Engineering $85,000Plan / Permit Fees $15,000Hard Construction Cost $520,000Project Contingencies $40,000Tab 8 421 Fund Page 10 in Budget Book75 2023 Major Capital Projects34Appropriations by YearPrior Years $02023 $200,000Out Years $2,000,000Lifetime Budget $2,100,00050763 Cast Iron & Steel Waterline Replacement•Approximately 20 Miles Of Older Cast‐iron & Steel Pipe That Is At Least 30‐years Old•Project Funds Planning, Design, Permitting & Construction Of Pipeline Replacement•2023 Funds To Identify & Design Replacement Of Most Critical Pipeline SegmentTask Level BudgetDesign & Engineering $200,000Hard Construction Cost $1,800,000Project Contingencies $150,000Tab 8 421 Fund Page 11 in Budget Book76 2023 Major Capital Projects35Appropriations by YearPrior Years $02023 $165,000Out Years $0Lifetime Budget $165,00051588 Distribution Replacement ‐2023•Replacement, Repair, & Maintenance Of City’s Water Infrastructure•Funds Utilized On Other City Department Or Developer‐led Projects Where Water Infrastructure Scope Can Be Added•Also Includes GIS Mapping & Equipment Maintenance & ReplacementTask Level BudgetOther Construction Cost $150,000Project Contingencies $15,000Tab 8 421 Fund Page 12 in Budget Book77 2023 Major Capital Projects36Appropriations by YearPrior Years $150,0002023 $100,000Out Years $2,150,000Lifetime Budget $2,400,00050935 East & West Filter Gallery & Controls Improvements•Replacement Of ~15‐year‐old Filter Underdrains & Media•Replacement Of Original Control Valves, Flow Meters, & Backwash Supply Pumps•Upgrade Filter Automation & Controls•Design & Permitting: 2022‐2023, Construction: 2024‐2025Task Level BudgetDesign & Engineering $250,000Hard Construction Cost $2,025,000Project Contingencies $125,000Tab 8 421 Fund Page 13 in Budget Book78 2023 Capital Projects37Capital Projects 202351584 Nighthawk Pump Station ‐ Access and Retaining Wall$125,00051587 Integrated Resource Plan (IRP) ‐ Recommended Projects $100,00051589 Meter Replacement Program ‐ 2023$75,00051590 Distribution System Flowmeters at Zone Breaks ‐ 2023$75,00051593 Pre‐Project  Engineering Services ‐ 2023$50,00051583 Fleet‐ Water ‐ 2023$33,00051594 Fire Hydrant Replacement ‐ 2023$30,00051592 Water Locating Equipment ‐ 2023$15,00051591 Office Equipment Water ‐ 2023$12,000Capital Maintenance Projects 202340056 City of Aspen Water Efficiency Plan Update $50,00040057 Kayak Course Improvements $25,00040120 Highlands Tank Rehabilitation Maintenance $5,800 79 38SummaryQuestions?2023 Compass Priorities:‐Exceed Customer Service Expectations‐Ensure Equitable, Inclusive Access To Water & Electric ServicesSupplementals: MUNIS: $26,500Capital: $4,380,80080 FY23 BudgetElectric Utility (Fund 431)Tyler Christoff – DirectorOctober 18, 20223981 40Electric (13.85 FTE)Admin & Facilities (2.6)Efficiency Program (0.1)Locally Produced Power (1.1)Purchased Power (0.6)Distribution Management (4.1)Public Lighting (1.05)Capital Labor (1.4)Utility Billing (2.7)ELECTRIC STRUCTUREPersonnel Services17%Services & Contracts5%Supplies1%Utilities43%Capital20%Debt3%Overhead & Allocations11%2023 Budget by Expense Type82 ELECTRIC REVENUES41Variable Service69%AvailabilityService29%Community Investment Fee2%2023 2024 2025 2026 2027Request Projection Projection Projection ProjectionOpening Balance $5,400,585 $4,107,795 $3,523,825 $3,262,160 $3,738,630Variable Service $7,887,000 $8,242,000$8,613,000 $9,004,000 $9,411,000Availability Service $3,278,000 $3,460,880$3,653,760 $3,858,710 $4,074,820Community Investment Fee $220,000 $242,000 $266,000 $293,000 $322,000Other Revenues $34,040 $116,880 $105,890 $101,360 $111,610Transfers In $3,600 $5,500 $85,650 $3,850 $3,950Total Revenues $11,422,640 $12,067,260 $12,724,300 $13,260,920 $13,923,380 83 Cost of Service – Year 542Cost Of Service Methodology•Actual Cost To Deliver Utility Services•Costs Shared Proportionally •Transition Over 5 Years •Incremental Approach •Addresses Increasing Costs/Complexities Operations84 Year 5 – Electric – Aspen Average43ELECTRIC UTILITY RATES2022 AVERAGE BILLPROPOSED RATE CHANGE2023 AVERAGE BILL   kWh Charges $181.091.45%$183.72   Availability Charges $44.242.0%$45.12Average Residential ‐ Aspen$225.33 $228.84200 AMP Service / 1500 kwh (percentage change)1.56%85 Year 5 – Electric – Luxury Residential44ELECTRIC UTILITY RATES2022 AVERAGE BILLPROPOSED RATE CHANGE2023 AVERAGE BILL   kWh Charges $3,376.023.29%$3,486.93   Availability Charges $228.0413.00%$257.68Luxury Residential ‐ Aspen$3,604.06 $3,744.61600 AMP Service / 15,000 kwh (percentage change)3.90%86 Year 5 – Electric – City Affordable Housing45ELECTRIC UTILITY RATES2022 AVERAGE BILLPROPOSED RATE CHANGE2023 AVERAGE BILL   kWh Charges $146.961.00%$148.43   Availability Charges $44.242.0%$45.12Affordable Housing w/Electric Heat$191.20 $193.55200 AMP Service / 1500 kwh (percentage change)1.23%87 Year 5 – Electric – Seniors46ELECTRIC UTILITY RATES2022 AVERAGE BILLPROPOSED RATE CHANGE2023 AVERAGE BILL   kWh Charges $68.291.00%$68.98   Availability Charges $30.972.0%$31.58Average Residential ‐ Senior$99.26 $100.56200 AMP Service / 700 kwh (percentage change)1.31%88 Year 5 – Electric – Small Commercial47ELECTRIC UTILITY RATES2022 AVERAGE BILLPROPOSED RATE CHANGE2023 AVERAGE BILL   kWh Charges $1,421.991.56%$1,444.13   Availability Charges $52.3913.00%$59.20Average Small Commercial ‐ Aspen$1,474.38 $1,503.33200 AMP Service / 8,000 kwh (percentage change)1.96%89 Year 5 – Electric – Large Commercial48ELECTRIC UTILITY RATES2022 AVERAGE BILLPROPOSED RATE CHANGE2023 AVERAGE BILL   kWh Charges $3,218.001.00%$3,250.18   Demand kW Charges $2,577.315.00%$2,706.17   Availability Charges $104.4515.05%$120.17Average Large Commercial$5,899.76 $6,076.52400 AMP Service / 45,000 kwh / 130 kw (percentage change)3.00%90 2022 Proposed Fee Changes49Electric Community Investment Fee•One‐time Fees Assessed for New or Expanded Electric Service•Provides Funding for Capital Projects to Add Increased Electric Capacity & Infrastructure2023 – Proposed 15% Increase (100‐400 amp)20% Increase (600 amp+)91 ELECTRIC EXPENDITURES50Administrative7%Utility Billing Services5%Efficiency Program1%Locally Produced Power6%Purchased Power67%Distribution Management10%Electric Campus1%Public Lighting3%Operating Budget2023 2024 2025 2026 2027Request Projection Projection Projection ProjectionAdministrative $573,470 $537,140 $555,400 $574,420 $594,240Utility Billing Services $433,690 $449,240 $464,740 $480,950 $497,870Efficiency Program $68,120 $70,600 $73,140 $75,790 $78,540Locally Produced Power $514,050 $527,390 $540,840 $554,670 $569,000Purchased Power $5,481,670 $5,593,490$5,707,500 $5,823,900 $5,942,760Distribution Management $787,500 $817,340 $847,360 $878,720 $911,420Electric Campus $60,190 $62,290 $64,420 $66,640 $68,940Public Lighting $209,570 $217,280 $225,050 $233,160 $241,610Operating $8,128,260 $8,274,770 $8,478,450 $8,688,250 $8,904,380Capital $2,819,900 $2,571,940 $2,728,240 $2,531,690 $2,627,260Debt Service $358,970 $354,400 $274,685 $0 $0Transfers Out $1,408,300 $1,450,120 $1,504,590 $1,564,510 $1,620,820Total Uses $12,715,430 $12,651,230 $12,985,965 $12,784,450 $13,152,460Targeted Reserve (25%) $3,178,858 $3,162,808$3,246,491 $3,196,113 $3,288,115Ending Fund Balance $4,107,795 $3,523,825 $3,262,160 $3,738,630 $4,509,550% of Target 129% 111% 100% 117% 137% 92 51•Impact Of Drought – Hydroelectric Production Down (Locally, Regionally, Nationally)•Backfill From Other Renewables In City’s Portfolio (Wind)•Hydroelectric Historically Most Cost‐effective Resource•Condition Will Likely Persist Into 2024 & beyond•A New Normal? ‐Evaluate Optimal Renewable Portfolio•Fixed Costs Around Transmission/Power Incrementally IncreasePurchase Power – $215,000 (Ongoing)2023 Supplemental RequestTab 3 Page 43 in Budget Book93 2023 SUPPLEMENTAL REQUESTS52•Munis CIS Cloud‐based Billing Software $53,000 (Ongoing)•Electric Utility’s Portion Of Annual Costs Is $26,500 (50%)•Includes Citizen Self‐service Portal With 24/7 Access•Features Revenue Management System For Billing & Tracking ALL City Utilities Accounts Receivables•Customer Notification Software For Real‐time Alerts –E.G., Outage Notifications•Built‐in Integrations With Oracle Financials, Sensus AMI, Laserfiche, & On‐line Payment SoftwareTab 3 Page 41 in Budget Book94 2023 Major Capital Projects5395 2023 Major Capital Projects54Appropriations by YearPrior Years $2,200,0002023 $2,300,000Out Years $0Lifetime Budget $4,500,00051444 Red Brick North to Red Brick South Circuit Replacement •Replaces 30+ Year Old Cable With Cable And Conduit System: (+/‐3700 L.F.) •Phase Two Construction Begins Spring 2023  •2022 Phase One Red Brick Replacement Project Costs Informed The 2023 Budget Request Task Level BudgetDesign & Engineering $25,000Testing & Inspection $50,000Plan / Permit Fees $50,000Hard Construction Cost $4,000,000Project Contingencies $375,000Tab 8 Fund 431 Page 5 in Budget Book96 2023 Major Capital Projects55Appropriations by YearPrior Years $02023 $200,000Out Years $0Lifetime Budget $200,00051596 Electric System Replacement 2023•Annual Repair & Replacement Of Electric Infrastructure•Budget Used To Improve System Performance & Reliability By Funding Electric System Upgrades Through Other City Department Or Developer‐led ProjectsTask Level BudgetHard Construction Cost $190,000Project Contingencies $10,000Tab 8 Fund 431 Page 5 in Budget Book97 2023 Capital Projects56Capital Projects 202351597 Electric Meter Inventory/Replacement ‐ 2023 $70,000Capital Maintenance Projects 202340059 Work Equipment $11,60040062 Water Distribution / Electric Shop $11,24040060 Information Technology Plan $7,200 98 57SummaryQuestions?Compass Goals:‐Exceed Customer Service Expectations‐Ensure Equitable, Inclusive Access To Water & Electric ServicesSupplementals:$215,000 Purchased Power$26,500 MunisCapital: $2,600,04099