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HomeMy WebLinkAboutordinance.council.027-17 ORDINANCE NO. 27 Series 2017 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 1.2,3—SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.12 UTILITY CONNECTIONS, 25.16 WATER RATES AND CHARGES, AND 25.28 WATER SHORTAGES. 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. 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: CHAPTER 25.04 ELECTRICITY 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 1 Investment (ECI) fee will be charged to any customer requesting services for new development and expansion of existing services within the service area. 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, 2018, 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 1 Phase 120/240V 3 Phase, 120/208V 3 Phase, 277/480V 100 $ 1,079 $ 2,876 $ 3,234 $ 7,463 200 $ 2,157 $ 5,752 $ 6,468 $ 12,439 300 $ 4,314 $ 8,628 $ • 9,702 $ 22,390 400 $ 5,752 $ 11,504 $ 12,937 $ 29,854 600 $ 8,628 $ 17,257 $ 19,405 $ 44,781 800 $ 11,504 $ 23,009 $ 25,873 $ 59,708 1000 $ 14,380 $ 28,761 $ 32,342 $ 74,634 1200 $ 17,257 $ 34,S13 $ 38,810 $ 89,561 1400 $ 20,133 $ 40,265 $ 45,278 $ 104,488 1600 and above $ 22,028 1 $ 44,0571 $ 49,542 1 $ 114,327 Sec. 25.04.036. Waivers and exemptions from electric community investment charges for certain employee housing projects. (a) Purpose. The purpose of this section is to identify those affordable housing projects that may be eligible for exemption from and waivers of the electric community investment charges when connecting to the City of Aspen's electric system. There are three types of affordable housing projects that are eligible for exemptions or waivers: (i) projects that are determined to be Qualified Employee Housing as defined herein; (ii) affordable housing projects that are eligible to receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code; and (iii) projects that consist of a mix of affordable housing units subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, unrestricted (free market) units. To be eligible for an exemption or waiver pursuant to this section of the Municipal Code, a project shall have installed in all units properly maintained and continuously operable electric efficiency/conservation devices and practices as designated from time to time by the City Council by ordinance, resolution, or by regulations issued by the City Manager or the Electric Department. (b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall be defined as follows: (i) Qualified Employee Housing shall be defined as publicly or privately constructed and owned projects which: 2 • are not constructed for mitigation purposes or which receive any form of Affordable Housing Credits such as those set forth at Chapter 26.540 of the Municipal Code; and • are composed of one hundred percent (100%) employee housing units; and, • are deed restricted to ensure that all units are subject to, and administered by, Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, • are maintained as qualified employee housing. (ii) The Fee Waiver Schedule refers to the following schedule of the percent of the utility investment charges that may be waived based upon the category of the units within the affordable housing project. Housing Categories as referenced in the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time. Fee Waiver Level Category 1 100% Waiver Category 2 70% Waiver Category 3 40% Waiver Category 4 0% Waiver Category 5 0% Waiver Category 6 0% Waiver Category 7 0% Waiver Resident Occupied 0%Waiver Free Market Units 0% Waiver (iii)Affordable and Free Market Mix shall be defined as a project that: • consist of a mix of both deed restricted housing to ensure that all units are subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and unrestricted housing(free market) units; and, • were not constructed for mitigation purposes. (c) Qualified Employee Housing. Qualified Employee housing shall be exempt from any electric community investment charges when connection is made to the City of Aspen's electric system. (d) Projects Receiving Affordable Housing Credits. Projects that receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code are eligible for a waiver of the percentage of the total electric community investment charge as set forth in the Fee Waiver Schedule. (e) Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market Mix of units, and where no mitigation is required for these units or there is no association 3 with free market development, are eligible for a waiver of the percentage of the total electric community investment charge as set forth in the Fee Waiver Schedule. (f) Revocation of Exemptions and Waivers. In the event that Qualified Employee Housing units, projects receiving Affordable Housing Credits, or projects that are considered Affordable and Free Market Mix projects, receive an exemption or a waiver in accordance with this section, and thereafter fail to continue being affordable housing units as contemplated herein; or, the electric efficiency/conservation devices and practices are not be installed as required, are not properly maintained or continuously operable, the developer of such units and the owners thereof shall be jointly and severally liable to reimburse the City for the cost of the electric community investment charges exempted by this Section. The City Manager shall establish a method of accomplishing this payment so as not to be unduly burdensome on the developer or owners. (g) Electric Community Investment Charge Waiver - Single Occurrence. Electric community investment charge waivers for employee housing exemptions are a one-time occurrence at the time of project completion. Additions, remodels, and, or changes that occur after original project completion will not receive an electric community investment charge waiver, however a credit for the AMPS assigned to the specific employee housing unit will be allowed against additional fees due to these improvements. Sec. 25.04.040. Electric service rates. (a) Effective January 1, 2018, all residential, commercial and city facilities customers of the Aspen Electric Department shall pay a monthly customer availability charge as follows: City Residential Commercial Facility AMP Size Customer Customer Customer 100 AMP $8.85 $9.29 $9.29 200 AMP $17.68 $18.59 $18.59 300 AMP $33.19 $34.84 $34.84 400 AMP 1 $44.24 $46.45 $46.45 600 AMP $66.35 $69.69 $69.69 800 AMP $88.47 $92.89 $92.89 1000 AMP $110.59 $116.11 $116.11 1200 AMP $132.71 $139.33 $139.33 1600 AMP $177.75 $186.64 $186.64 1800 AMP $199.63 $209.60 $209.60 2000 AMP $221.50 $232.58 $232.58 (b) In addition to the monthly customer availability charge, and effective January 1, 2018, 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: 4 Additional Additional Remainin Usage Usage Up Per Usage Up Per g Usage AMP Size Up To Per KWh To KWh To KWh Over Per KWh 100 AMP 400 $0.0801 1,080 $0.1201 1,920 $0.1802 1,920 $0.3154 200 AMP 520 $0.0801 1,360 $0.1201 2,800 $0.1802 2,800 $0.3154 300 AMP 1,600 $0.0801 3,600 $0.1201 6,160 $0.1802 6,160 $0.3154 400 AMP 1,600 1 $0.0801 3,600 $0.1201 6,160 $0.1802 6,160 $0.3154 600 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154 800 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154 1000 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154 1200 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154 1600 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154 1800 AMP 2,800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154 2000 AMP 1800 $0.0801 5,440 $0.1201 8,800 $0.1802 8,800 $0.3154 (c) In addition to the monthly customer availability charge, and effective January 1, 2018, 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: Additional Additional Remaining Usage Usage Up Per Usage Up Per Usage AMP Size Up To Per KWh To KWh To KWh Over Per KWh 100 AMP 880 $0.0938 2320 $0.1173 4800 $0.1760 4800 $0.2816 200 AMP 1280 $0.0938 3120 $0.1173 5760 $0.1760 5760 $0.2816 300 AMP 3360 $0.0938 7120 $0.1173 12240 $0.1760 12240 $0.2816 400 AMP 3360 $0.0938 7120 $0.1173 1 12240 $0.1760 12240 $0.2816 600 AMP 6560 $0.0938 13200 $0.1173 18400 $0.1760 18400 $0.2816 800 AMP 1 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 1 $0.2816 1000 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816 1200 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816 1600 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816 1800 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816 2000 AMP 13600 $0.0938 28000 $0.1173 44800 $0.1760 44800 $0.2816 (d) In addition to the monthly customer availability charge, and effective January 1, 2018, the large commercial customer (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: 5 Demand Remaining Charge on Usage Up Usage Customer AMP Size To Per KWh Over Per KWh Peak kW 100 AMP 23200 $0.0809 23200 $0.1011 $12.36 200 AMP 23200 $0.0809 23200 $0.1011 $12.36 300 AMP 23200 $0.0809 23200 $0.1011 $12.36 400 AMP 23200 $0.0809 23200 $0.1011 $12.36 600 AMP 23200 $0.0809 23200 $0.1011 $12.36 800 AMP 23200 $0.0809 23200 1 $0.1011 $12.36 1000 AMP 23200 $0.0809 23200 $0.1011 $12.36 1200 AMP 23200 $0.0809 23200 $0.1011 $12.36 1600 AMP 23200 $0.0809 23200 $0.1011 $12.36 1800 AMP 23200 $0.0809 23200 $0.1011 $12.36 2000 AMP 23200 $0.0809 23200 $0.1011 $12.36 (e) In addition to the monthly customer availability charge, and effective January 1, 2018, the small city facilities 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: Usage AMP Size Over Per KWh 100 AMP 0 $0.1082 200 AMP 0 $0.1082 300 AMP 0 $0.1082 400 AMP 0 $0.1082 600 AMP 0 $0.1082 800 AMP 0 $0.1082 1000 AMP 0 $0.1082 1200 AMP 0 $0.1082 1600 AMP 0 $0.1082 1800 AMP 0 $0.1082 2000 AMP 0 $0.1082 (f) In addition to the monthly customer availability charge, and effective January 1, 2018, the large city facilities customer (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 peak usage for that meter reading cycle: 6 Demand Usage Charge on AMP Size Over Per KWh Peak kW 100 AMP 0 $0.0764 $12.36 200 AMP 0 $0.0764 $12.36 300 AMP 0 $0.0764 $12.36 400 AMP 0 $0.0764 $12.36 600 AMP 0 $0.0764 $12.36 800 AMP 1 0 $0.0764 $12.36 1000 AMP 0 $0.0764 $12.36 1200 AMP 0 $0.0764 $12.36 1600 AMP 0 $0.0764 $12.36 1800 AMP 0 $0.0764 $12.36 2000 AMP 0 $0.0764 $12.36 (Code 1971, § 23-18.1; Ord. No. 42-1984, § l; 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) Chapter 25.12 UTILITY CONNECTIONS Sec. 25.12.015. Raw water supplies (non-potable). This section is applicable to all connections to the City of Aspen Water Utility potable water system. Raw water supplies for irrigation systems shall be provided exclusively by the City of Aspen Water Utility. The owner of the property proposed to be irrigated from City of Aspen water facilities shall dedicate the city all raw water transmission facilities and all water rights appurtenant to the proposed property. For those developments in which raw water irrigation can be used, development proposals shall include provisions for recording of covenants and restrictions against the use of treated water outdoors and against the use of untreated water other than in accordance with the landscaping, irrigation, and drainage management plan provided for in a development proposal. Chapter 25.16 WATER RATES AND CHARGES Sec. 25.16.010. Monthly rates for metered water service. 7 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: (1) Effective January 1, 2018 all metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Per ECU Rate 1 1.00 $5.93 2 2.00 $11.86 3 2.00 $11.86 4 1.25 $7.41 5 1.75 $10.37 6 2.00 $11.86 7 1.50 $8.89 (2) Effective January 1, 2018 all metered accounts shall pay a monthly variable charge per ECU as follows: Additional Additional Usage Per 1,000 Usage Per Per 1,000 Usage Per Per 1,000 Remaining Per 1,000 Per ECU Gallons ECU Up Gallons ECU Up Gallons Usage Per Gallons Up To Rate To Rate To Rate ECU Over Rate 4,000 $2.58 12,000 $3.31 16,000 $4.74 16,000 $7.11 (3) Effective January 1, 2018 all 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 $1.86 2 $3.72 3 $5.58 (4) Effective January 1, 2018 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 - $2.09 s 2 2.00 $4.18 3 2.00 $4.18 4 1.25 $2.61 5 1.75 $3.66 6 2.00 $4.18 7 1.50 $3.14 8 (Code 1971, § 23-101; Ord. No. 27-1985, § 1; Ord. No.48-1986, § 1[A]; Ord. No. 51-1987, § 1; Ord. No. I8-1988, § 1; Ord. No. 34-1988, § I; 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) Sec.25.16.011.Bulk rates for metered water service. (a) Effective January 1, 2018, the bulk water sales rate and two-tier structure for Buttermilk Metro District will be: Monthly Block Tiers in Per Rate Per 1,000 1,000 Gallons Gallons First 2,940 gallons $4.00 Over 2,940 gallons $9.37 (Ord.No.45-2015) Sec. 25.16.012. Raw water rates for general raw water accounts. (a) Effective January 1, 2016, the demand charge for the filler hydrant bulk water sales pursuant to Subsection 25.08.020(c) shall be twenty dollars ($20.00)per use. (b) Effective January 1, 2013, the variable charge for filler hydrant raw water bulk water sales pursuant to Subsection 25.08.020(e) shall be equivalent to fourth tier of monthly rate for metered water service set forth in Sec. 25.16.010 (5). (c) The raw water rates for non-pressurized raw water irrigation accounts for unmetered service on a per thousand (1,000) irrigated square foot basis to be billed prospectively on an annual basis at the start of each irrigation season are as follows: (d) Effective January 1, 2018 the non-pressurized raw water rate per irrigation season is as follows: Non-Pressurized Raw Water 2018 Rate Per 1,000 Sq. Ft. 1 $14.52 (e) Carriage rates for raw water (refer to "Definitions" section), shall be the same as set forward in Paragraph (d) above except where a valid contract for conveyance of the customer's own water rights provides for a different rate. (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 $500 for the first offense, $1,000 for the second offense and $1,500 for each additional offense. (Ord.No. 41-2004, §5; Ord. No. 35-2011, §3;-Ord. No. 30-2012 §23; Ord.No. 45-2015) Sec. 25.16.013. Raw water rates for Thomas Raw Water and other pressurized non-potable line accounts. 9 (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. (i) Effective January 1, 2018 metered rates for pressurized raw water accounts for seasonal delivery of non-potable water is as follows: Metered Pressurized Raw Water — Billing to 2018 Rate Occur Monthly—May through October Per 1,000 Gallons. $1.68 (ii) 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, 2018 the unmetered, pressurized raw water rate for seasonal delivery of non- potable water is as follows: Unmetered Pressurized Raw Water — Billing 2018 Rate to Occur Monthly—May through October Seasonal Rate Per 1,000 Sq. Ft. $59.29 Monthly Rate Per 1,000 Sq. Ft. — Based on 6- Month Irrigation Season $9.88 (e) Carriage rates for raw water, (see "Definitions" section), shall be the same as those in Paragraph (d) (i) except where a valid contract provides for alternate method and procedures for billing. (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 $500 for the first offense, $1,000 for the second offense and $1,500 for each additional offense. (Ord. No. 41-2004, §5; Ord. No. 30-2012 §23; Ord. No. 38-2014§3) (e) Carriage rates for raw water, (see "Definitions" section), shall be the same as those in Paragraph (d) (i) except where a valid contract provides for alternate method and procedures for billing. 10 (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 $500 for the first offense, $1,000 for the second offense and $1,500 for each additional offense. (Ord. No. 41-2004, §5; Ord.No. 30-2012 §23; Ord. No. 38-2014§3; Ord.No. 45-2015) 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)• (1) Effective January 1, 2018 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 $5.93 2 2.00 $11.86 3 2.00 $11.86 4 1.25 $7.41 5 1.75 $10.37 6 2.00 $11.86 7 1.50 $8.89 (2) Effective January 1, 2018 all temporary construction accounts shall pay a monthly fine protection charge per ECU as follows: Billing Area Billing Factor(Included) Per ECU Rate 1 1.00 $2.09 2 2.00 $4.18 3 2.00 $4.18 4 1.25 $2.61 5 1.75 $3.66 6 2.00 $4.18 7 1.50 $3.14 (Ord. No. 35-2011§4; Ord.No. 30-2012 §24; Ord. No. 38-2014§4; Ord.No. 45-2015) 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). (1) Effective January 1, 2018 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 $5.93 2 2.00 $11.86 3 2.00 $11.86 11 4 1.25 $7.41 5 1.75 $10.37 6 2.00 $11.86 7 1.50 $8.89 (2) Effective January 1, 2018 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 $2.09 2 2.00 $4.18 3 2.00 $4.18 4 1.25 $2.61 5 1.75 $3.66 6 2.00 $4.18 7 1.50 $3.14 (Ord. No. 35-2011 §5; Ord. No. 30-2012 §26; Ord. No. 38-2014§5; Ord. No. 45-2015) 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). (1) Effective January I, 2018 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 $5.93 2 2.00 $11.86 3 2.00 $11.86 4 1.25 $7.41 5 1.75 $10.37 6 2.00 $11.86 7 1.50 $8.89 (2) Effective January 1, 2018 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 $2.09 2 2.00 $4.18 3 2.00 $4.18 4 1.25 $2.61 5 1.75 $3.66 6 2.00 $4.18 12 7 1.50 $3.14 (Ord.No. 35-2011§6; Ord.No. 30-2012 §26; Ord. No. 38-2014§6; Ord.No. 45-2015) 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). (1) Effective January 1, 2018 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 $105.03 2 2.00 $210.06 3 2.00 $210.06 4 1.25 $131.29 5 1.75 $183.80 6 2.00 $210.06 7 1.50 $157.55 (2) Effective January 1, 2018 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 $2.09 2 2.00 $4.18 3 2.00 $4.18 4 1.25 $2.61 5 1.75 $3.66 6 2.00 $4.18 7 1.50 $3.14 (Ord. No. 35-2011§6; Ord.No. 30-2012 §27; Ord. No. 38-2014§7; Ord.No. 45-2015) 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. 13 (d) A metered residences 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 January 1, 2018 all senior metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Per ECU Rate Regular Metered Demand 1 1.00 90% $5.34 2 2.00 90% $10.67 3 2.00 90% $10.67 4 1.25 90% $6.67 5 1.75 90% $9.34 6 2.00 90% $10.67 7 1.50 90% $8.00 (2) Effective January 1, 2018 all senior metered accounts shall pay a monthly variable charge per ECU as follows: Additional Additional Usage Per 1,000 Usage Per Per 1,000 Usage Per Per 1,000 Remaining Per 1,000 Per ECU Gallons ECU Up Gallons ECU Up Gallons Usage Per Gallons Up To Rate To Rate To Rate ECU Over Rate 4,000 $2.58 12,000 $3.31 16,000 $4.74 16,000 $7.11 (3) Effective January 1, 2018 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 I $1.86 2 $3.72 3 $5.58 (4) Effective January 1, 2018 all senior metered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor(Included) Percentage of Per ECU Regular Metered Rate Demand 1 1.00 90% $1.88 2 2.00 90% $3.76 3 2.00 90% $3.76 4 1.25 900/0 $2.35 14 5 1.75 90% $3.29 6 2.00 90% $3.76 7 1.50 90% $2.82 (e) An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly basis the sum of charges one (1)through four(2)that follow: (1) Effective January 1, 2018 all senior unmetered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor(Included) Percentage of Per ECU Rate Regular Unmetered Demand 1 1.00 30% $31.51 2 2.00 30% $63.02 3 2.00 30% $63.02 4 1.25 30% $39.39 5 1.75 30% $55.14 6 2.00 30% $63.02 7 1.50 30% $47.26 (2) Effective January 1, 2018 all senior unmetered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor(Included) Percentage of Per ECU Regular Rate. Unmetered Demand 1 1.00 30% $0.63 2 2.00 30% $1.25 3 2.00 30% $1.25 4 1.25 30% $0.78 5 1.75 30% $1.10 6 2.00 30% $1.25 7 1.50 30% $0.94 (Code 1971, § 23- 102; Ord. No. 27-1985, § 1; Ord. No. 48-1986, § I(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. 2015). Editor's note-Ord. No. 1-1988, § 1, adopted Jan. 25, 1988 amended former § 23-102 by amending previously uncodified Subsection (d) and at the discretion of the editor these provisions have been included herein and revised slightly in order to delete references to "out- 15 of-the-City service charge" and "location of resident," inasmuch as former § 23-101 does not discern between in-City and out-of-City residence location. Chapter 25.28 WATER SHORTAGES Sec. 25.28.010. Applicability. (a) This Chapter shall become effective upon a finding by the City Council that the City is facing a shortage in its supply of water. Such a finding shall be made by resolution. To the extent reasonable, findings of applicability of the stages set forth in this Chapter shall be coordinated with similar findings by other water users in the same drainage basin. Findings by the State engineer and the Water Conservation Board may also be considered. (b) The provisions of this Chapter shall apply to the use of the treated water supply, pressurized and non-pressurized raw water, and reuse water of the City to the extent any city/customer agreements provide for curtailment of water use or suspension of water delivery during water shortages or emergencies. (c) When the resolution finding a water shortage is approved, the three-stage plan set forth in this Chapter shall be implemented. The duration of each stage and the restrictions to be imposed shall be decided by the City Council and included in the resolution finding the water shortage, according to the exigencies of the particular situation in question. It shall be an additional responsibility of the Utilities Director, under direction of the City Manager, to ensure that the measures described for each implementation Stage are carried out and to provide sufficient coordination between City departments. (Code 1971, § 23-200; Ord. No. 27-1985, § I; Ord. No.18-2002 § 1 [part] Sec. 25.28.015 Policy and priority. When water shortages occur, restrictions on the use of water are imposed in order to assure an adequate water supply for municipal water customers for all municipal purposes. However, the restrictions during shortages recognize that certain uses must have priority, especially in cases of extreme shortage. Therefore, during any declared shortage, the hierarchy of uses, and/or purposes, in descending order, to assist in interpretation and implementation of these restrictions, is: (1) water for necessary public health and safety; (2) protection of natural environment; (3) potable water supply; (4) reclaimed water supply; (5) raw water pressurized; (5) raw water non- pressurized; (6) hydroelectric power generation. Note that reuse/reclaimed water is not subject to curtailment in any of the three Water Shortage stages. Ord No. 30-2015) Sec. 25.28.020. Stages. (a) Stage One. The objective of water use restrictions during this stage is a ten percent (10%) reduction in treated water use; ten percent (10%) reduction in pressurized raw water use; and, ten percent (10%) reduction in non-pressurized raw water use. Voluntary conservation is encouraged during this condition. During the period designated Stage One, the City Council, by resolution, 16 shall adopt one or more of the following additional measures which may be altered by resolution of the City Council during a Stage One condition: (1) There shall be potable water, pressurized raw water, and non-pressurized raw water lawn watering only to the extent determined permissible by the City Council according to the demands of the particular period in question. If no other specific schedule is adopted by City Council, an odd-even schedule shall be in effect on a voluntary basis. An "odd- even" schedule means that addresses ending in odd numbers and addresses ending in even numbers will water on alternate days, with odd numbers only irrigating on odd- numbered days and even numbers only irrigating on even-numbered days. (2) Public education materials shall be provided to encourage efficient use of the available water supply. (3) Public facilities will be directed to implement water use restrictions by administrative order, including: limiting irrigation of public parks and golf courses to an extent greater than the target reduction in overall water use; reducing street washing to minimum level necessary to comply with air quality standards and suspending fire hydrant flushing and testing except when required for completion and acceptance of a newly constructed water system. (4) Upon declaration of Stage One water shortage, increases in water rates for tiers three (3) and four (4), (Sections 25.16.010 and 25.16.020 and 25.16.021), shall be imposed as mandated by the City of Aspen City Manager up to the maximum rates defined in Section 25.28.040. (b) Stage Two. Prior to the expiration of Stage One, a period known as Stage Two shall be designated by the City Council, if the Council deems the entry of such stage necessary. The Council may continue Stage One or terminate the water shortage period at its discretion, by resolution. The objective of water conservation measures during Stage Two is a fifteen percent (15%) reduction in treated water use; seventeen and one-half percent (17.5%) reduction in pressurized raw water use; and, twenty percent (20%) reduction in non-pressurized raw water use; and, zero percent (0%) reduction in reuse water use. Upon commencement of Stage Two, the City Council, by resolution, shall adopt one or more of the following additional measures, as well as any Stage One measures, which may be altered by resolution of the City Council during a Stage Two condition: (1) There shall be no washing of sidewalks, driveways, parking areas, tennis courts, patios or other paved areas. (2)There shall be no refilling of swimming pools with water furnished by the City. (3) There shall be no noncommercial washing of privately owned cars, other motor vehicles, trailers or boats, except from a bucket and except that a hose equipped with a positive shut-off nozzle may be used for a quick rinse. 17 (4)No new public or private landscaping installations shall be allowed with the exception of that required as a minimum for erosion control of disturbed surfaces as determined by the City. (5) No new water connections shall be authorized; however, existing authorizations shall be honored; provided, however, that this subsection (5) shall not apply to users on a well whose well has run dry. (6) Watering of golf courses and parks shall be managed to achieve the reduction in water use based on type of specified water and delivery mechanism as set forth above. (7) Water shall not be used for dust control, except pursuant to authorization from the City or Pitkin County Environmental Health Department and only to the extent necessary to comply with air quality standards. (8) Except for fighting fire, there shall be no use of water from a fire or specially designated loading hydrant for human consumption or for use in connection with animals, street washing or construction water supply. Hydrant draft permits for any of the above uses shall be suspended for the duration of the Stage Two or Three designation. (9) Watering of any lawn, garden, landscaped area, tree, shrub or other plant shall be prohibited from 9:00 a.m. to 5:00 p.m., except from a hand-held hose or container or drip irrigation system. These limitations are in addition to any applicable limits from Stage One (e.g., odd-even watering schedule). The allowable time limits for irrigation (both day of week and time of day) may he modified by City Manager in accordance with the need for water conservation. (10) Flat rate water customer accounts shall be reviewed by City Manager and if metering is possible but not established within 10 days of mailing of notice to the customer, a fifty percent (50%) surcharge will be added. This surcharge shall be in addition to, and not in lieu of, any other penalty available for violation of this ordinance. (11) Upon declaration of Stage Two water shortage, increases in water rates for tier three (3) and tier four(4), (Sections 25.16.010 and 25.16.020 and 25.16.021), shall be imposed as mandated by the City of Aspen City Manager up to the maximum rates defined in Section 25-28.040. (c) Stage Three. Prior to the completion of Stage Two, the City Council shall determine by resolution whether to: (1)terminate the water shortage period; (2)revert to Stage One; (3) extend the time for Stage Two; (4) alter the use restrictions; or (5) enter Stage Three. If entered, Stage Three shall last until the City Council determines by resolution that the water shortage no longer exists. The City Council shall have the power to revert back to Stage One or Stage Two in its discretion or alter the use conditions should circumstances during Stage Three change and suggest such a course of action. The objective of restrictions in effect during Stage Three is to obtain a twenty percent (20%) reduction in treated water use; twenty-five percent (25%) reduction in pressurized raw water use; and, thirty percent (30%) reduction in non-pressurized raw water use. Upon commencement of Stage Three, the City Council, by resolution, shall adopt 18 one or more of the following additional measures, as well as any Stage One or Two measures, which may be altered by resolution of the City Council during a Stage Three condition: (1) Exterior watering shall be prohibited except from a hand-held hose or container. (2) City Manager may authorize other specific measures to be implemented during Stage Three to increase water use as necessary to protect the public health, safety and welfare. (Code 1971, §23-201; Ord. No. 27-1985, § 1; Ord. No. 18-2002 § 3 [part]) (3) Upon declaration of Stage Three water shortage, increases in water rates for tier three (3) and tier four(4), (Sections 25.16.010 and 25.16.020 and 25.16.021), shall be imposed as mandated by the City of Aspen City Manager up to the maximum rates defined in Section 25.28.040. (4) No bulk water sales, i.e. filler hydrant draft permits, will be allowed during Stage three water shortage. (Code 1971, § 23-201; Ord. No. 27-1985, § 1; Ord. No. 18-2002 § 3; Ord No. 15-2012; Ord No. 30-2015) Sec. 25.28.030. Violations and sanctions. (a) It shall be unlawful for any person to violate any mandatory restriction imposed under a Stage Two or Three water shortage as described in this Chapter. (b) Prior to any disconnection for a violation, a written notice shall be placed on the property where the violation occurred and mailed to the person who is regularly billed for water service where the violation occurs and to any other person known to the City who is responsible for the violation or its correction. The notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City Manager determines is reasonable under the circumstances. If said order is not complied with, the Water Department may disconnect the service where the violation occurs. Disconnection following the procedures of this paragraph is also a possible sanction for other waste of water pursuant to the definitions provided in Section 25.20.020 regardless of whether a Stage One, Two or Three water shortage has been declared by City Council. (c) The fine for a first offense of violation of the restrictions established pursuant to this Ordinance shall be five hundred dollars ($500:00). (d) The penalty for the second and any subsequent offense shall be in accordance with Section 1.04.080 of the Municipal Code. (e) As set forth in Section 1.04.120 of the Municipal Code, the application of any penalty for violations of this Chapter does not constitute the condoning or legalizing of any prohibited condition or prevent the abatement or enforced removal of such condition by any lawful means available to the City, nor does it preclude the City from pursuing disconnection of potable or non-potable water supplies for violation of Stage Two water shortage or Three water shortage. The penalties shall also be in addition to any water surcharges established pursuant to this Chapter. (Code 1971, § 23-202; Ord. No. 27-1985, § 1; Ord. No. 18-2002 § 3 [part] Ord. No.30- 2015) 19 See. 25.28.040. Monthly rates for water shortages. Unless an alternative system of charges is adopted by City Council, the following temporary rates will be in effect during the time that City Council declares a water shortage. (1) Four-Tier Rate Structure: (a) A variable charge for the first and second tier of water consumption shall remain the same unless otherwise directed by the City of Aspen City Manager with a minimum of a 48-hour notification of the rate change via Public Notice on local radio and within daily local newspaper publications. (b) A variable charge not to exceed a maximum of 175% of the existing per thousand gallons rate for tier three shall go into effect after a minimum of a 48-hour notification of this rate change by City of Aspen City Manager via Public Notice on local radio and within daily local newspaper publications. (c) A variable charge not to exceed a maximum of 200% of existing per thousand gallons rate for tier four shall go into effect after a minimum of a 48-hour notification of this rate change by City of Aspen City Manager via Public Notice on local radio and within daily local newspaper publications. (Ord. No. 18-2002 § 3 [part]) (2)Two-Tier Rate Structure: (d) In a two-tier rate structure, as applicable to wholesale water sales, second tier shall be subject to a 185% surcharge for a Stage One, Two and/or Three water shortage declaration. (Ord. No. 18-2002 § 3 [part]; Ord. No. 15-2012; Ord.No. 30-2015). 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. 20 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 13'h day of November, 2017. Attest: Linda Manning, City Cle Steven Skadron, ayor FINALLY,adopted, passed and approved this 27th day of November,2017. Att t: Linda Manning, City Cler c Steven Skadron, Layor Approved as to form: ames R. True, City Attorney 21