HomeMy WebLinkAboutordinance.council.028-82 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO. ~,~ --
(Series of 1982)
AN ORDINANCE ENTITLED "STRUCTURE OF UTILITY DEPOSITS FOR CITY OF
ASPEN ELECTRIC AND WATER DEPARTMENT", AMENDING ARTICLES II AND III
OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN,
COLORADO, BY ADDING NEW SECTIONS 23-25 AND 23-110
WHEREAS, in order to help keep electric and water service
rates down for all of its customers, the City of Aspen must take
all reasonable steps to avoid possible bad debts for utility
bills; and
WHEREAS, the present system of electric and water service
deposits is a reasonable method to avoid bad debts and costs of
debt collection; and
WHEREAS, it appears that service deposit amounts have not
increased in approximately ten years and increases in utility
bills in that time have made the amounts currently approved for
service deposits insufficient for the above-stated purposes and,
therefore, a general increase in the amount of the deposit is now
indicated.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That a new Section 23-25 (to Article II of Chapter 23) of the
Municipal Code of the City of Aspen, Colorado, be enacted to read
as follows:
ARTICLE II
"Sec. 23-25. ~eposit for Electric Service
(a) When applying for electric service at a new location,
each applicant shall be required to place a cash deposit
in the following amount:
Residential Service $50.00
Commercial Service $100.00
RECORD OF PROCEEDINGS 100 Leaves
Restaurant, Bar and Retail
Food Establishments 1) An amount equal to
the service bills for
the subject property for
two months prior to the
application for service,
if the applied-for use
of the property is simi-
lar to the prior use; or
2) if there is no simi-
lar prior space or use
on which to compute the
amount provided in (1),
then an amount to be
determined by the
Finance Director within
his sole discretion, and
based on a reasonable
estimate of two month's
service for a space and
use similar to the sub-
ject property.
(b) Subject to the approval of the Director of Finance based
on previous credit history with the City of Aspen Utili-
ties, the owner of the premises on which the electricity
is used may approve waiver of the deposit requirement by
completing an application which informs the owner of the
possibility of a lien upon the premises for unpaid
bills, pursuant to Section 23-22.
(c) Deposits shall be held by the Director of Finance until
service is discontinued and final service bills paid
(and will accrue interest at 5% per annum starting
thirty (30) days after receipt of the monies until the
date of disconnection. Return of the unused portion of
the deposit plus interest will be made within 45 days
from date the final bill is issued)."
Section 2
That a new Section 23-110 (to Article III of Chapter 23)
of the Municipal Code of the City of Aspen, Colorado, be enacted
to read as follows:
ARTICLE III
"Sec. 23-110. Deposit for Water Service
(a) When applying for water service at a new location, each
applicant shall be required to place a cash deposit in
the following amount:
Residential Service $50.00
Commercial Service $100.00
Restaurant, Bar and Retail 1) An amount equal to
the service bills for
the subject property for
two months prior to the
application for service,
if the applied-for use
of the property is
similar to the prior
use; or 2) if there is
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RECORD OF PROCEEDINGS 100 Leaves
no similar prior space
or use on which to com-
pute the amount provided
in (1), then an amount
to be determined by the
Finance Director within
his sole discretion, and
based on a reasonable
estimate of two month's
service for a space and
use similar to the sub-
ject property.
(b) Subject to the approval of the Director of Finance based
on previous credit history with the City of Aspen
Uti~ties, the owner of the premises on which the water
is used may approve, waiver of the deposit requirement
by completing an application which informs the owner of
the possibility of a lien upon the premises for unpaid
bills, pursuant to Section 23-22.
(c) These deposits will be held by the Director of Finance
until service is discontinued and final service bills
are paid (and will accrue interest at 5% per annum
starting thirty (30) days after receipt of the monies
until the date of disconnection. Return of the unused
portion of the deposit plus interest will be made within
45 days from date the final billing is issued)."
Section 3
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining por-
tions thereof.
Section 4
A public hearing on the ordinance shall be held on the J~2~
day of /~ , 1982, at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the ~/ day of
He~a~~o
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RECORD OF PROCEEDINGS 100 Leaves
ATT~E ST:
Kathryn S. K~h, City Clerk
'J. ~ adopted, passed and approved on this /~ day of
~/~ , 1982.
HeWman Edel, Mayor
ATTEST ~ ~'~%
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