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HomeMy WebLinkAboutordinance.council.026-74RECORD OF PROCEEDINGS 00 Leaves ORDINANCE NO. ~ ~ . ~/~'~ (Series of 1974) ~ AN ORDINANCE IMPOSING A pLA~T INVESTMENT FEE UPON ALL NEW ELECTRICITY USERS; ESTABLISHING THE RATES THEREFORE, WHICH RATES DISTINGUISH BETWEEN SINGLE FAMILY, DUPLEX, MULTI-FAMILY AND coMMERCIAL USERS; REQUIRING THAT NO SERVICE cONNECTIONS SHALL BE MADE UNTIL SAID FEE IS PAID; AND PROVIDING THAT COLLECTION OF THE FEE MAY BE BY ACTION AGAINST AN OWNER OR OCCUPANT AND UNPAID FEE SHALL CONSTITUTE A LIEN AGAINST THE PREMISES WHEREAS, the city council wishes to anticipate and provide for the rapidly increasing material costs for electrical utility supply and to insure that new users contribute to the costs for modifi- cation in the present system attributable to new service, NOW, THEREFORE, BE IT ORDAINED BY THE CITY cOUNCIL FOR THE CITY OF ASPEN, COLORADO: Section 1 There is hereby imposed a plant investment fee upon all new users of electricity supplied by the City of Aspen, which fee is payable in advance of connection and is to be imposed from the effective date of this ordinance up to and including June 30, 1975. Section 2 The following plant investment fees shall be imposed upon all new single family and duplex dwelling units with increased fees for all-electric homes: Period Residential All-Electric Residential -- $1,093.00 Effective date to December 31, 1974 January 1, 1975 through June 30, 1975 $262.00 $291.00 $1,212.00 RECORD OF PROCEEDINGS 100 Leaves Section 3 A plant investment fee constituting the full cost of supplying service at the time of construction shall be imposed on all new commercial and multi- family users, in calculating such costs, these shall be included: a. All costS of supplying the utility plant including land acquisition costs, poles, towers, overhead conductors, underground conductors, meters, transformers and all similar equipment; b. All labor and equipment costs expended on installation; c. All costs of modifications to the existing system attributable to the installation of the new use; All expense incurred for consulting fees, subcontracting costs and any other outside contract expenses; In the event any improvementS are constructed or installed through contracts let by the city or constructed by the City or its agents, there shall be imposed an additional fee equal to fifteen (15%) per cent of the total construction or installation cost to reimburse the City for its design, admin- istration, engineering and inspection costs; and Any and all other feeS and costs attributable to the installation of facilities to supply the new user. The plant investment fee herein above imposed shall -2- RECORD OF PROCEEDINGS 100 Leaves also be applicable from the effective date of this ordinance through June 30, 1975. Section 4 No service connection shall be made by the superintendent of the electric department until all plant investment fees hereinabove imposed shall have been paid. Section 5 The fee imposed by this ordinance shall be paid by the owner of the premises on which the electric power is to be used, or the occupant thereof, and such fee shall remain a lien upon the premises until paid. The plant investment fee may be collected against any owner or occupant by suit, such action to be brought in the name of the City in any court having jurisdiction thereof, and shall be prosecuted as an action in personam against the owner or occupant or by an action in rem for the enforcement of the lien, or both. Any lien for an unpaid plant invest- ment fee may also be collected as provided by the statutes of the state for the collection of taxes and other liens and assessmentS against real estate. Section 6 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. -3- RECORD OF PROCEEDINGS 100 Leaves Section 7 A public hearing on this ordinance shall be held on the day of , 1974, at 5 P.M., in the City Council Chambers, City Hall Building, Aspen, colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, colorado, at its regular meeting held on the , 1974. day of Stacy Standley III Mayor ATTEST: City clerk FINALLY ADOPTED, PASSED AND APPROVED by the Aspen city Council at its meeting held in the City of Aspen, colorado, on 1974. Stacy Standley III Mayor ATTEST: City clerk