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HomeMy WebLinkAboutordinance.council.065-75RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of 1975) 100 Leaves AN ORDINANCE REPEALING SECTION 23-103 REENACTING THE SAME AS A NEW SECTION 23-156 OF THE ASPEN MUNICIPAL CODE WHICH REENACT- ~NT MAKES CLEAR THAT ALL CHARGES PROVIDED FOR IN ARTICLE III OF CHAPTER 23 COME WITHIN THE PROVISION THAT IT IS THE POINT OF USE RATHER THAN CONNECTION THAT DETERMINES WHETHER THE IN-CITY OR OUT-OF-CITY RATE OR CHARGE APPLIES WHEREAS, the City council wishes to repeal Section 23-103 of the water systems code and reenact the provisions thereof as Section 23-156 to eliminate any uncertainty that the point of use (not connection) is to determine whether the service is in- city of out-of-city for purposes of assessing tap charges, plant investment fees, water rates, surcharges and any and all fees or charges imposed pursuant to Article III of Chapter 23 of the Aspen Municipal code, BY THE CITY cOUNCIL OF ~ W ~ !.~0 , THEREFORE BE IT ORDAINED THE CITY OF ASPEN, COLORADO: Section 1 That Section 23-103 of the Aspen Municipal code be and hereby is repealed. S~ection 2 That the Municipal code of the City of Aspen, colorado, is hereby amended by adding Section 23-156 which said section reads as follows: "23-156 Determination as to Whether Inside or Outside of City (a) Except as set forth in subsection (b) hereof, the point of use of water shall be determinative as to whether the inside city or outside city rate or charge is applicable for purposes of assessing tap charges, plant investment fees, water rates or surcharges, and any and all fees and charges imposed by virtue of this Article III of Chapter 23 of the Aspen Municipal code. If any use of water through a tap or connection is made outisde the city limits of the city of Aspen, all use through such tap or connection shall be deemed outside City for all such rate or charge purposes. RECORD OF PROCEEDINGS 100 Leaves (b) Without regard to whether their service connection or use be outside the City of Aspen, municipal, quasi-municipal, other governmental agencies and school districts supported in whole or in part by general property taxes shall be deemed inside the City for purposes of assessing tap charges, plant investment fees, water rates or surcharges, and any and all fees and charges imposed by virtue of this Article III of Chapter 23." Section 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such in- validity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section the 4 A public hearing on this ordinance day of ~ , 1975 at 5:00 1975. ATTEST: shall be held on 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, at its regular meeting held ATTEST.' STAC ST NDL Y II,, / STATE OF COLOP,~ADO ) ) ss COUNTY OF PITKIN ) CERrlI ICArE .I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of City of Aspen on ~g%~'~ ed the City Council of the /~ , and publish- 197~, in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~i~~ /~ , 197 ~ and was finally adopted and approved at a regular meeting of the City Council on ~~g~~ ~ , 197 D--, and ordered publfshed as Ordinance No. ~5~ , Series of 197 ~, of said City, as provided by law. IN WITNESS WHEREOF, I the seal of said City of Aspen, Colorado, have hereunto set my hand and this ~ day of ~ ., 197 D Kathryn S~/Ilauter, City Clerk