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Aspen Ord. Disk
C~TY OF ASPEN, COLORADO
ORDINANCE NO. 27
SERIES OF 1985
AN ORDINANCE ENTITLED "COMPREHENSIVE WATER RATE REFORM OF
1985"; ENACTING NEW SECTIONS 23-41, 23-42, 23-43, AND 23-44
OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO
CONCERNING WATER UTILITY DEFINITIONS, EQUIVALENT CAPACITY
UNITS, SERVICE AREAS AND SERVICE AREA FACTORS, AND RATE
REVIEWS, REPEALING SECTIONS 23-54, 23-58, 23-59, CONCERNING
UTILITY CONNECTION CHARGE DEFINITIONS, CONNECTION CHARGES,
AND THE UTILITY CO57NECTION CHARGE RESERVE: ENACTING A NEW
SECTION 23-58 CONCERNING UTILITY INVESTMENT CHARGES,
REPEALING AND REENACTING SECTIONS 23-101 AND 23-102
CONCERNING METERED AND UNMETERED RATES~ REPEALING AND
REENACTING SECTION 23-104 CONCERNING MANDATORY METERING; AND
REPEALING AND REENACTING ARTICLE III CONCERNING WATER SERVICE
SO AS TO CONFORM THIS ARTICLE WITH THE PRECEDING ENACTMENTS,
REPEALS, AND REEANCTMENTS.
WHEREAS, in 1980 the City Council endorsed a
Comprehensive Water Management Plan (WMP) for the City of
Aspen, Colorado, which plan provided, among other things, for
a $9.0 million capital improvement program, and for a struc-
ture of rates and charges to fully and fairly recover the
costs of such capital improvements, including debt service,
and to fully and fairly recover all other costs of water ser-
vice so that all costs of such improvements and water service
were paid by the customers of such service rather than by
general or other city funds; and
WHEREAS, in 1981 the electorate of the City Of Aspen
approved the issuance of about $9.0 million in general obli-
gation bonds to fund the WMP capital Improvement program, and
approved the repayment of such bonds with a series of
increases in both monthly rates and utility investment
charges under the WMP rate structure; and
WHEREAS, the City Council has implemented the WMP rate
structure in part by enacting service area based utility
investment charges, three 20% increases in such charges, and
five 10% increases in monthly rates; and
WHEREAS, the City Council has recently adopted water
rates and charges policy guidelines restating and refining
the WMP rate structure, and now desires to enact uniform and
comprehensive rate procedures so as to complete implemen-
tation of the WMP rate structure;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO
Section 1
That Article III of the Municipal Code of the City of
Aspen, Colorado is hereby repealed and reenacted to read as
follows:
ARTICLE III. WATER SERVICE
DIVISIO~ 1. GENERAL PROVISIONS
Sec. 23-36. City of Aspen water utility operation and control.
The water collection, treatment and distribution system
owned and operated by the City of Aspen shall be known
collectively as "The City of Aspen Water Utility." The
operation and management of this utility shall be under the
control of the city manager, who shall direct the construc-
tion of additions thereto and the maintenance and operation
thereof and, in all cases not particularly provided for by
this Code or other ordinances of the city, shall determine in
what manner and upon what terms water may be taken from the
water utility, by any property owner or water consumer and
the character of the connections and appliances which may be
made or used therefor. (Ord. No. 39-1981, ~1)
Sec. 23-37. 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 duty to supervise the water uti-
lity and maintain and control the same as directed by the
city manager and as provided in this article.
(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 connec-
tions, service pipes, or other connections with the water
mains, and the regulation of the water supply to all users of
water. He 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) tt is hereby made the duty of the superintendent
to manage the water purification plants and other wate~ uti-
lity properties; to periodically report to the city manager
of his activities as superintendent and of the condition of
the water utility; and to make such suggestions concerning
the same as the nature o~ the service may require.
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(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 ate in order, and he 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 for street washing, construction
works or other lawful purposes. The water department may
grant permission to any person to draw wa~er from these spe-
cial hydrants. All water drafted for such purposes shall be
assessed in accordance with applicable rates prescribed by
this article. The wa~er departments shall not grant per-
mission for drafting of water from fire hydrants for street
washing, construction and other such uses except in cases of
extreme need. (Ord. No. 39-1981, §1)
Sec. 23-38. Access to fire hydrants; unauthorized obstruc-
tion or operation of hydrant prohibited;
wrenches for fire hydrants.
(a) The members of the fire department under the direc-
tion of the chief of the fire department or other officer in
charge, shall at all times have free access to the fire
hydrants in case of fire and for the purposes of cleaning,
washing or testing their engines or other apparatus.
(b) It shall be unlawful for any unauthorized person to
open or operate any fire hydrant, draw water therefrom or
obstruct the approach thereto.
(c) Wrenches for fire hydrants shall be furnished by
the superintendent to the fire department for the use of its
members, and to such other persons as he may deem proper, and
it shall be unlawful for any person to whom a wrench is fur-
nished to permit the same to be taken from his 'control, to
use the same, or to permit the use of the same by any other
person or for other purpose than that authorized by the pro-
visions of this article or by the superintendent in pursuance
thereof.
Sec. 23-39. Inspection of premises receiving service.
The city manager, superintendent, or other desisnated
official may from time to time examine and inspect any premi-
ses where water from the wa~er utility is used in or upon
such premises in order to ascertain the nature, character and
extent of such water use, and the condition of the water
pipes, fixtures and appliances, and ~o determine if water is
being wasted upon the premises. During the times that such
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inspections are being made, the superintendent or other
designated official shall accurately tabulate the appliances
and fixtures used for water, and other water demand factors
as may be required in connection with the establishment of
the ra~e to be charged to any such premises and the report
thereof shall be available upon request. (Ord. No. 39-1981
~1)
Sec. 23-40. Trespassing on water utility property; injury
to water utility or obstruction to water uti-
lity.
(a) It shall be unlawful for any person to injure or in
any way damage or interfere with property or appliances
constituting or being a Dart of the water utility, or any
fence, guard rail, box cover or building, or any other struc-
ture constructed or used to protect any part of the water
utility.
(b) It shall be unlawful for any person, unless
authorized by this article, to trespass upon the water uti-
lity or the grounds upon which the same are constructed.
(c) It shall be unlawful for any person to cast, place,
pump or deposit in the wa~er utility any substance or
material which will in any manner injure or obstruct the
same. (Ord. No. 39-1981, ~1)
Sec. 23-41. Definitions.
The following definitions shall apply under this article
concerning wa~er service.
(a) "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 resolution.
(b) "Building Permit" or "Plumbing Permit" means the
permit or permits issued pursuant to Chapter 7 of the
municipal code of the City of Aspen or by Pitkin County,
Colorado pursuant to county building regulations.
(c) "Comprehensive Water Management Plan" means the
comprehensive water management plan for the City of Aspen as
initially prepared and adopted in 1980, and as thereafter
revised and updated.
(d) "Director of Water Treatment and Supply",
"Director", "Water Superintendent" or "Superintendent" means
the superintendent, who, under the direction of the city
manager, has charge of all facilities of the Aspen waser
utility, and has the duty to supervise the utility and to
maintain and control the same.
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(e) "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.
(f) "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.
(g) "utility Connection Permit" means Dermission 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.
(h) "utility Investment Charge" means a charge to
recover certain debt service costs allocated to new customers
which charge is based on a new customer's ECU rating and
service area factor.
(i) "Water Demand Factor or Fixture" means any of the
water demand factors or fixtures set forth in section
23-44(a) or (b).
(j) "Water Department" means the department of the City
of Aspen under the supervision of the superintendent.
(k) "Water Service Area," "Service Area" or "Area of
Service" means an area served by the City of Aspen water
utility, as specified in the comprehensive water management
plan. The designation of service areas herein or in the
comprehensive water management plan, or the promulgation,
calculation, or assessment of any charge for water service
shall not be construed as an obligation, exclusive right,
willingness or ability to serve any designated water service
area, service area, or area of service. Terms and conditions
for water service, if and when it is extended, shall be
specified by reference to such service areas, and such
service areas shall serve no other purpose hereunder.
(1) "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.
(m) "Water System", "City Water System", "Water
Utility", "Municipal Utility System", "Municipal Water
utility System" or "City Water Utility" means the City of
Aspen water utility as defined in section 23-36,
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Service Areas and Service Area Factors.
service areas of the Aspen water utility are
the comprehensive water managment plan and shall
follows:
Service Area Name
1 Central Aspen
2 Eastside
3 Northside
4 Westside
5 Maroon/Castle Creeks
6 Airport
7 Music School
8 Reserved
shall be located in the service area in which
customer's point of connection to the water system
in which the customer consumes any water.
customer's point of connection and any point of
in different service areas, the customer
located in one of the areas at the superintendent's
Annual debt service and other annual fixed costs
the water system along with the total asset
system shall be allocated among service areas
with the following weighting factors:
Service Area weighting Factor
1 1.00
2 2.25
3 2.75
4 1.25
5 1.50
6 2.25
7 1.50
service area weighting factors in paragraph (b)
applied in calculating utility investment charges
23-58 and in calculating the demand,
and fire protection charges under'sections
except as otherwise provided therein.
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Sec. 23-43. Rate Reviews.
(a) The monthly demand, out-of-city service, fire pro-
tection, variable, and pumping charges in sections 101 and
102 shall be set annually in accordance with the following
criteria:
(1) The expected annual revenue from all such
monthly charges plus the expected annual revenue from utility
investment charges shall recover the annual water budget
approved by city council.
(2) The monthly demand charge per customer shall
be based upon:
(A) The customer's ECU rating.
(B) The customer's service area factor
(C) The total weighted ECU served by the
water utility at the beginning of the year.
(D) 40% of the approved annual debt service
for the water utility.
(E) That portion of 60% of the annual debt
service not projected to be recovered from utility investment
charges
(F) A portion of annual fixed wage,
insurance, and administrative costs approved for the water
utility.
(3) The demand charge shall also provide for a
contingency fund based on water utility costs and revenues in
the previous year. This contingency fund shall not
accumulate from year to year.
(4) The monthly variable charge per customer shall
be based upon:
(A) The thousands of gallons of ordinary
water use by the customer during a 3 month meter reading
cycle.
(B) The total projected annual thousands of
gallons of ordinary water use, including an allowance for
leakage and other losses.
(C) Those annual operation, maintenance or
other costs approved for the water utility not allocated to
utility investment, demand, pumping, or fire protection
charges.
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(5) Monthly water use in excess of 22,500 gallons
per ECU during the wintertime (November 15 to April 14) and
in excess of 30,000 gallons per ECU during the summertime
(April 15 to November 14) shall be considered extraordinary
water use, and the monthly variable charge shall be doubled
for all such water use.
(6) The monthly pumping charge per customer shall
be based upon:
(A) The thousands of gallons delivered to the
customer via pumping during any 3 month meter reading cycle.
(B) The number of pump stations required to
deliver water to the customer.
(C) The total projected annual thousands of
gallons to be delivered via pumping.
(D) The weighted average number of pump
stations in the water system.
(E) The projected annual power, repair,
operation and maintenance costs approved for all pump
stations.
(7) The monthly out-of-city service charge per
customer shall be based upon;
(A) The customer's ECU rating.
(B) The customer's service area factor, with
the service area factor for all customers located outside the
corporate boundaries of the City of Aspen as provided by
Section 23-156 being set to zero.
(C) The total weighted ECU located outside
the corporate boundaries of the City of Aspen as provided by
Section 23-156 at the beginning of the year.
(D) The total asset value of the water
utility allocated to the total out-of-city weighted ECUs at
the beginning of the year.
(E) A reasonable rate of return on the asset
value allocated to the total out-of-city weighted ECUs.
(8) The monthly fire protection charge per
customer shall be based upon:
(A) The customer's ECU rating
(B) The customer's service area factor
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(C) The total weighted ECUs served by the
water utility at the beginning of the year.
(D) Those approved annual debt service and
fixed operation and maintenance costs allocated to fire
protection.
(b) The base utility investment charge in section
23-58(a) and projected annual revenues from utility
investment charges shall be r~viewed by city council each
year and the base utility investment charge shall be adjusted
so as to allocate as nearly as Dractical 40% of the annual
debt service approved for the water system to on-line
customers and 60% to future customers who may connect to the
water system in the coming year.
(c) The service area factors in paragraph (b) of
section 23-42 and the 60%/40% allocation in paragraph (b) of
this section shall be reviewed by council every 5 years in
light of the asset value of the water system and of any major
caDital improvements to this system, and the service area
factors and the 60%/40% allocation shall be adjusted so that
debt service and other fixed costs approved for the water
system are allocated as nearly as practical among service
areas and between on-line customers and future customers in
proportion to the benefits conferred by major capital impro-
vements.
(d) No schedule of water rates and charges proposed
pursuant to such annual or 5 year reviews shall be effective
except after public hearing and 30 days notice to the public.
Such notice shall be given by keeping open for public
inspection at the office of the director of finance the
proposed annual water budget, the proposed schedule of rates
of the rates and charges. In addition, notice shall be given
by publishing a notice of the availability of the proposed
budget and rate schedule at least once in a newspaper of
general circulation in the service area of the City of Aspen
water utility at least 30 days and no more than 60 days prior
to the date set for public hearing on the adoption of the
proposed schedule. The published notice shall also specify
the date, time, and place for the public hearing on the
proposed budget and rate schedule. The city council may
adjourn and reconvene said hearings as necessary.
(e) For good cause shown, the city council may adopt a
new budget and rate schedule without 30 days notice and
public hearing by an order specifying the budget and rate
schedule, the circumstances necessitating the adoption of the
rate schedule and budget without 30 days notice and public
hearing, the time when the changes shall take effect, and the
manner in which the changes shall be published.
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Sec. 23-44. Equivalent Capacity Units
(a) All water service shall be rated by the
superintendent in accordance with the following table:
1. LONG TERM RESIDENTIAL (Occupancy extending more than 1
month)
ECU
1st Full Bath .36
2nd Full Bath .24
Each Additional Full Bath .12
Each Kitchen (full cooking facilities) .25
Each Kitchenette (modest cooking
facilities) .15
Each Bedroom .10
2. LODGING BEDROOMS (Occupancy per party extending less
than 1 month)
ECU
Each bedroom with no bath or cooking
facilities, but with dormitory style
bathrooms in hallways .45
Each bedroom with no bath, but with modest
cooking facilities and dormitory style
bathrooms in hallways .60
Each bedroom with full bath but no
cooking facilities .55
Each bedroom with full bath and wet
bar (microwave and under the counter icebox) .65
Each bedroom with full bath and modest
cooking facilities .70
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3. SHORT OR MIXED TERM RESIDENTIAL (Occupancy per party
extending less than I month)
ECU
Each Full bath .36
Each Kitchen (full cooking facilities) .25
Each Bedroom .30
4. IRRIGATION
Line Size ECU
Each Hose Bib in Addition
to Sprinkler System (fixed
piping/ irrigation nozzles) Up to 5/8" .05
Hose Bibs Only/No Sprinkler
System Up to 3/4"
1st Hose Bib .20
2nd Hose Bib .10
3rd and Subsequent
Hose Bib .05
Yard Hydrant Up to 3/4" .50
Sprinkler System on House
Meter Up to 3/4" .30
Sprinkler System on
Separate Meter 5/8" or less .50
3/4" 1.00
1" 2.00
1-1/2" 4.00
2" 8.00
3" 20.00
4" 30.00
6" 60.00
5. RESTAURANTS
Each seat: .08 ECU.
6. NON-PROFIT CAFETERIA (including school cafeterias)
Each seat: .048 ECU 1st 25/.024 ECU thereafter.
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7. OFFICE SPACE
Each 100 square feet: .02 ECU.
8. RETAIL SPACE
Each 100 square feet: .01 ECU.
9. COMMERCIAL RECREATIONAL FACILITIES
Each customer: .05 ECU.
10. NON-PROFIT RECREATIONAL FACILITIES (Including school gyms)
Each customer/pupil: .048 ECU 1st 25/.024 ECU
thereafter.
11. THEATERS, AUDITORIUMS, CONVENTION, HALLS AND ASSEMBLY PLACES
Each 10 Seats: .080 ECU year round/.048 ECU summer.
12. SCHOOL ROOMS (not including cafeteria, kitchens, gyms,
auditoriums and administrative office space)
Each pupil: .04 ECU 1st 25/.02 ECU thereafter.
13. WAREHOUSE OR INDUSTRIAL SPACE
Each 1000 square feet: .15 ECU.
14. GAS STATIONS
Each service or lubrication bay: .25 ECU
15. CAR WASHES
Each manual washing bay: .95 ECU/each automatic washing
bay: 1.45 ECU.
16. HOSPITALS, NURSING HOMES, SANITARIUMS, AND DETENTION
CENTERS
Each bed: .50 ECU
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(b) The water department shall establish fixture or
irrigated area maximums for al/ ECU ratings under paragraph
(a). For all fixtures or irrigated area in excess of said
maximums, the superintendent shall increase the ECU rating in
accordance with the following table:
ECU
Toilet/urinal 05
Mop/laundry sink (per compartment) 05
Kitchen sink (per compartment) 05
Lavatory sink (per compartment) 02
Bar sink (per compartment) 05
Garbage disposal 05
Household dishwasher 10
Commercial dishwasher (per 1/8" of supply line diameter) 10
Household clotheswasher 10
Commercial clotheswasher (per 1/8" of supply line
diameter) .10
Commercial icemaker (per 1/8" of supply line diameter) .05
Tub/shower (combined or separate) .05
Bidet .05
Wet Saunas .08
Jacuzzi (per 100 gal. of capacity) ,02
Hot tub/spa pool (Der 100 gal. of capacity) .01
Swimming pool (per 1000 gal. of capacity)
Summer use only (6 month maximum) .01
Year-round use .02
100 sq. ft. irrigation
Hose bib/no separate sprinkler system .01
Yard hydrant .01
Sprinkler systems .015
Industrial process or waste water (not served by sanitary sewer)
Each 1000 gal/day non-consumptively use 1.50
Each 1000 gal/day consumptively used 3.90
Fountains
Non-continuous drinking .05
Continuous drinking .50
Non-recycling decorative .50
Recycling decorative .10
Water softener (per ECU)
Residential .02
Commercial .01
Fire protection sprinkler heads .00
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(c) In the event that the water service cannot be
adequately rated under the tables in paragraphs (a) and (b)
or if there are unusual or special circumstances warranting a
special ECU rating, the service may be rated at the
discretion of the suDerintendent or the superintendent may
require that the service be Fated by the city engineer at the
customer's expense. The superintendent may also adjust the
ECU rating of any water service if the metered demand of such
service differs substantially from the ECU rating under
paragraphs a) and b).
(d) In no event shall the ECU rating be less than the
following minimums:
LINE SIZE MINIMUM ECU RATING
3/4" 1.0
1" 2.0
1-1/2" 4.0
2" 8.0
3" 20.0
4" 30.0
6" 60.0
For line sizes larger than six (6) inches, the minimum ECU
rating shall be determined by the superintendent after
consultation with the city manager.
(e) The ECU rating per customer pursuant to paragraphs
(a), (b), or (c), or (d) shall be applied in calculating
utility investment charges under section 23-58 and in
calculating monthly demand, extraordinary water use,
out-of-city service, and fire protection charges under
sections 23-101 and 102.
Secs. 23-45-23-53 54. Reserved.
DIVISION 2. UTILITY CONNECTIONS
Sec. 23-55. Connection to municipal utility system.
All buildings, structures, facilities, parks, or the
like within city limits which use water shall be connected to
the municipal water utility system. (Ord. No. 40-1981, ~1) No
person shall connect an independent water supply onto the
municipal water utility system.
Sec. 23-56. Application for utility service
(a) Where where both the utility service connection and
all points of consumption are within the corporate limits of
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within the corporate limits of the City of Aspen shall be
considered to be a utility service within the corporate
limits of the city, and shall be made as.provided in this
division.
(b) Extension of water service where either the utility
service connection or any point of consumption is outside the
corporate limits of the City of Aspen shall be considered an
extraterritorial tap, and shall be made pursuant to agreement
with the city, in accordance with the City of Aspen water
main extension policy. The city shall not be obligated to
~extend water service outside the corporate limits of the city
and may grant water service only upon a determination that no
conflict exists between the best interests 9f the city and
the prospective water use. The city may impose such
contract, water rights dedication, and bond requirements as
it deems necessary to safeguard the best interests of the
city.
(c) Any person who desires to connect to the municipal
utility system or who is already connected to the municipal
utility system and intends to add or change a water demand
factor or fixture shall file an application for utility ser-
vice as provided in subsection (e) and (f) of this section
within 5 days of the issuance of the required building or
plumbing permit. If no building or plumbing permit is
required, the application shall be made prior to making the
connection or to adding or changing the water demand factor
or fixture. All utility investment charges, hook-up charges,
water main extension costs, and water rights dedication fees
shall be due and payable upon making the application unless
prior approval is obtained for a different method of payment.
(d) No water service shall be furnished to any new
connection or to any change in use of an existing connection
until all utility investment charges, hook-up charges, water
main extension costs, and water rights dedication fees have
been paid. Where a water demand factor or fixture is added
or changed and the customer fails to make timely application
and payment therefor, service to the customer shall be
discontinued in accordance with sections 23-106 and 152, and
the due and unpaid charges shall become a lien upon the
premises in accordance with section 23-106.
(e) Applications for utility service shall be made in
writing to the water superintendent on such forms as the
superintendent may prescribe. Except as provided in subsec-
tion (f) of this section, application must be made by the
owner of the property to be served or his duly authorized
agent, designating the property, stating the purpose for
which the water may be required, and stating the ECU rating
associated with such purpose.
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(f) Any person not an owner may apply to the
superintendent for utility service to property which said
person occupies ~ut does not own. The application shall
state the location of the property, the purpose for which
water is required, and the interest of the applicant in the
property. The superintendent may, in the exercise of his
discretion, accept the non-owner application for utility ser-
vice and may impose such conditions as he sees fit with
regard to the account, including the furnishing of a deposit.
(g) A utility connection application shall be required,
utility investment charges shall be assessed, and, where
appropriate, water rights dedication shall be required for
any new or expanded use of water, whether or not such new or
expanded use requires a new or enlarged utility servi~e con-
nection. (Ord. No. 40-1981 ~1)
Sec. 23-57. 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 struc-
tures 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 division to make any connection with 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 provi-
sions of this division.
(d) All utility connection permits as required by this
division shall be issued by the superintendent and shall set
forth all those requirements specified in section 23-56(e)
and (f). The superintendent shall keep a duplicate or record
of all utility connection permits issued by him.
(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
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the event of expiration of a utility connection permit, the
applicant, upon request, shall be refunded any utility con-
nection charges nbt expended by the city for the benefit of
the applicant. (Ord. No. 40-1981, ~1) No interest on any
unspent charges shall be paid.
Sec. 23-58. Utility Investment Charges.
(a) The base utility investment charge per ECU shall be
$3,000.
(b) The total utility investment charge for a customer
shall be the customer's ECU rating multiplied by the base
charge in paragraph (b) and by the service area weighting
factor provided by section 23-43(b) for the service area in
which the customer is located.
(c~ Before any water is furnished, pursuant to a uti-
lity connection application and permit, the superintendent o~
his appointee 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 pro-
perry 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 over-
payment of the total utility investment charge, but no refund
shall be made of any utility hookup charge or of any water
ma~n 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 pro-
perty 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 invest-
ment charge has been paid. If a larger or additional connec-
tion is made, no water shall De furnished until the deficits
in the total utility investment charge, the utility hook-up
charge, and all other applicable charges and fees, have been
paid.
(d) Land developers or any other person desiring to
connect to the water system shall be responsible for the full
cost of running and connecting water delivery piping, sewage
plplng, and storm sewer systems to existln~ mains, and shall
fully comply with the city's then-existing water main exten-
sion policy. (Ord. No. 40-1981 ~1)
Sec. 23-59. Reserved.
Sec. 23-60. City-county water trust.
-17-
Ail out-of-city water service shall be surcharged at a
rate of five (5) percent of the total utility investment
charge calculated pursuant to section 23-58. All proceeds
from such surcharge shall be placed in the City of
Aspen-Pitkin County Water Trust and shall be used as provided
for in any intergovernmental contract between the City o~
Aspen and Pitkin County, which contract specifically shall
provide for the establishment of said trust and the use of
the monies therefrom. The surcharge provided for in this
section shall become applicable upon the establishment of a
city-county water trust pursuant to intergovernmental
contract. (Ord. No. 40-1981, ~1)
Sec. 23-61. Utility hookup charge.
(a) A recommsnded minimum inside diameter sizing for
physical water connections shall be computed in conjunction
with the ECU rating on the application, and a utility hookup
charge shall be paid to the city according to the following
table:
ECU Point Range Recommended Utility Hookup
Minimum Maximum Connection Size Charge
0 1.0 3/4 inch S300.00
1.1 2.0 t inch 400.00
2.1 7.0 1-1/2 inch 500.00
7.1 20.0 2 inch 800.00
For tap lines larger than two (2) inches, the utility hookuo
charge shall be determined by the superintendent based on the
expense to the city incident to utility connection.
(b) The utility hookup charge may include the cost of
the corporation stop, the curb stop, the curb box and other
appurtenances. The cost of installation of the corporation
stop shall also be included. The water user shall furnish
and pay for all materials, labor and all expenses.in and
spout the making of all connections with the main including
all costs of meter installation, except those costs included
in the utility hookup charge described in this section.
(Ord. No. 40-1981, §1)
(c) If warranted by unusual or special circums%ances,
the superintendent may impose special utility hookup charges.
Sec. 23-62. Additional service; fixtures.
(a) No additional service, change of fixtures or demand
factors, or change in use of an existing utility connection
may be made without application and a utility connection per-
mit issued therefor by the city pursuant to this division.
-18-
Utility connection permits may be subject to conditions
necessary to pro~ect the best interests of the city water
utility, including a requirement that a larger tap be
installed.
(b) Any additional service, change of fixtures or
demand factors, or change in use shall be subject to payment
of a utility investment charge, based upon the additional ECU
rating associated with such additional service, change of
fixtures or demand factors, or change in use. In no event
shall there be any refund or reimbursement under this section
for a reduction in the ECU rating for any utility service.
If a larger utility service connection is required, the uti-
lity hookup charge shall be assessed as for a new utility
service connection. (Ord. No. 40-1981, ~1)
Sec. 23-63. Oversized tap; fire protection system.
(a) If a utility service connection larger than that
determined in section 23-61 is desired, the enlarged connec-
tion may be installed upon approval by the superintendent and
upon payment of the applicable utility investment and hook-up
charges and upon the issuance of a utility connection permit.
(b) In the event a larger size utility service
connection is necessary for a private fire protection system,
the utility investmsn~ charge shall be computed only upon the
ECU rating for the building exclusive of the fire protection
system. Nothing herein shall, however, relieve the water
user from paying the full utility hookup charge, or from
assuming the full cost of installation of the service
connection, including cos~ of the tap, all pipes, valves,
valve boxes and meter. (Ord. No. 40-1981, ~1)
Sec. 23-64. Requirements for service plpes; location of
curb stops.
(a) All water service pipes shall be laid at least
seven (7) feet below the existing grade of the street or
ground.
(b) No service pipe shall be covered prior to inspec-
tion and approval by the superintendent.
(c) All service pipes shsll have a copper thaw wire of
not less than number four (4) gauge installed between the
corporation stop and the polnz of entry to the building in
such manner so as to provide an electrical circuit through
the service pipe.
(d) No connection inserted in or connected with the
service pipe shall have an inside diameter of less than
-19-
three-quarters (3~4) of an inch and every tap shall be made
of brass. Service pipe connected to the connection shall be
of heavy serviceable copper provided that a substitute
material may be permitted by the superintendent on request to
him. The service pipe shall extend from the main to the out-
side line of the sidewalk at which point shall be placed a
curb stop with cover and in case the point of delivery is
such that there is no sidewalk or if it be in an alley, then
the curb stop shall be placed just outside the lot line or at
such point as the superintendent shall direct, so that the
same shall be accessible to the superintendent for the pur-
pose of turning on or shutting off water without entering on
private premises. (Ord. No. 40-1981, ~1)
Sec. 23-65. Single utility connections serving more than
one building.
(a) In all cases where service pipes have been
constructed from a single utility connection to different
houses, buildings or premises, and a separate curb sto~
accessible to the superintendent has been placed on the pipe
leading to each house, building or premises, so that water
can be easily turned on and shut off from the premises, or
any of them, the continued use of such extensions will be
permitted.
(b) Any person owning adjoining premises may obtain a
permit to make one utility connection for all such premises.
Whenever such a permit has been granted, a single connection
may be made and a single service pipe may be laid therefor,
but such service pipe must be provided with separate and
distinct curb stops for each and every one of the premises
serviced.
(c) No connection with the water utility or use of
water shall be made through any extension of the service pipe
of any other premises except as provided in this section.
(d) Nothing herein shall be construed to relieve any
water utility applicant from paying any charge attributable
to the new or increased water service. (Ord. No. 40-1981,
Sec. 23-66. Barricades and safety measures for excava-
tions.
All excavations in the street with regard to the water
service shall be made in conformity to this Code and other
ordinances of the city and suitable barricades and guards
shall be placed around such excavation, and shall be suf-
ficient to protect all persons from injury and damage; and
sufficient warning lights shall be kept illuminated near such
excavations from twilight until sunrise in order to protect
-20-
all persons from injury or damage thereby. The person making
such excavations shall be liable for all injuries or damages
resulting from hfs failure to do so. (Ord. No. 40-1981, ~1)
Sec. 23-67. Testing of completed connection.
When any utility connection for water service has been
completed and the service is found to comply with the provi-
sions of this article, the superintendent shall test the con-
nection to determine that the connection and service are in
proper operating condition. No water shall be turned on by
any one except the superintendent or someone acting under his
order. (Ord. No. 40-1981, ~1).
Sec. 23-68. Maintenance of service pipes and fixtures.
The owner of any premises for which a utility connection
is made shall at all times keep all service pipes, fixtures
and appliances from the point of connection at the cor-
poration stop to and on his premises tight and in good
working order so as to prevent any waste of water. In case
any pipe or fixture shall be found to leak water, or be
damaged, the owner shall forthwith repair and correct the
same, and the owner shall be responsible for thawing frozen
pipes from the point of connection with the main at the cor-
poration stop to his premises. If after due notice to the
owner by the superintendent to repair leaking or damaged ser-
vice pipes or appurtenances, such repair is not made, the
superintendent may have the service pipes or appurtenances
repaired or replaced. Any costs incurred by the Aspen water
utility in so doing shall become a lien upon the premises and
be satisfied against the same. (Ord. No. 40-1981, ~1)
Sec. 23-69. Notice to repair defective plumbing fixtures;
discontinuance of service for failure to
comply.
(a) If at any time the superintendent shall ascertain
that the plumbing fixtures or appliances on any premises are
so defective as to Waste water, it shall be his duty to imme-
diately notify the user of the water or his agent, to repair
the same, and if the same are not repaired within forty-eight
(48) hours from the time of such notice being served upon the
water user or the agent, the superintendent may shut off the
water from the premises and immediately notify the customer.
(b) It shall be unlawful for any person to fail or
refuse to comply with the order provided in this section.
(Ord. No. 40-1981, ~1)
Sec. 23-70. Disconnections; maintenance of corporation
stop, curb stop, curb box and meters.
-21-
(a) In case any owner of premises on which water is
use~ shall cease to use water, and desires to disconnect his
premises, he shaI1 not be permitted to remove the curb stop,
curb box or meter and appurtenances, except with permission
from the superintendent. Corporation stops are the property
of the Aspen water utility and shall be only be removed or
oDerated by the water department.
(b) The owner of property serviced shall be respgnsible
for the repair and maintenance of the service line, curb stop
curb box, and meter and is further responsible for insuring
that none of the above become damaged or inaccessible by
reason of landscaping, foliage or construction of improve-
ments on the premises.
(c) In such event a meter or meter remote is damaged,
or concealed or otherwise made inaccessible, the superinten-
dent shall direct that the water user be billed the unmetered
rate for his water service until such time as the meter or
meter remote is again made operable or accessible by the
owner. (Ordo No. 40-1981, §1)
Sec. 23-71. Employee housing projects.
Whenever the city council shall have determined that a
housing project constitutes a bona fide moderate income
employee housing develoDment and wishes to subsidize its
construction, the utility investment charge per ECU shall be
the base charge set forth in section 23-58(a). Applicants
for such reductions must demonstrate that, if granted, the
reduction will be passed on to purchasers or tenants. (Ord.
No. 40-1981, ~1)
Secs. 23-72 - 23-100. Reserved.
DIVISION 3. WATER RATES AND CHARGES
Sec. 23-101. Monthly rates for metered water service.
(a) All metered customers shall pay the sum of the
following charges:
1) A demand charge of $8.23 per ECU per month with a
service area factor of 1.0.
2) A variable charge of $.406152 per levelized
thousands of gallons of ordinary water use Der
month.
-22-
3) A variable charge of $.812304 per levelized
thousands of gallons of extraordinary water use per
month.
4) A pumping charge of $.443181 per levelized
thousands of gallons pumped per month with service
by 1 pump station only.
5) An out-of-city service charge of $5.3948 per ECU
per month with a service area factor of 1.0.
6) A fire protection charge of $.1324 per ECU per
month with a service area factor of 1.0.
(b) All meters shall be read on no less than a quar-
terly basis, with quarterly readings in thousands of gallons
being divided by 3 to obtain a levelized monthly reading.
For water service for less than a full month, the customer
shall notify the water department on or before the day the
service is to be discontinued or started up; the water
department will then compute fraction-of-month charges
according to the following schedule.
~ercentage of Full Monthly Bill
Date of Connection or Disconnecting Connecting
Disconnection Customer Customer
1st through 5th of month 0% 100%
6th through 14th of month 33% 67%
15th through 25th of month 67% 33%
26th through 31st of month 100% 0%
Sec. 23-102. Monthly rates for unmetered water service.
(a) All unmetered customers shall pay the same monthly
charges as metered customers plus a surcharge of S12.50 per
ECU per month. Said surcharge shall continue to be paid for
as long as the water service remains unmetered or the
surcharge is waived by the superintendent because of unusual
or special circumstances.
(b) For the purposes of calculating the monthly
variable and pumping charges for unmetered customers, the
levelized thousands of gallons used by and/or pumped to the
unmetered customer shall be estimated by the superintendent
based on comparable usage and pumping by metered customers
and on other pertinent information.
Sec. 23-103. Reserved.
Sec. 23-104. Meter regulations; mandatory metering.
-23-
(a) Ail water service shall be metered.
(b) The installation of all meters shall conform to
specifications of the water department.
(c) The superintendent may, in his sole discretion,
install a meter on any connection which has not been
converted to metered service by June 1, 1985, and shall
charge the customer all costs of such installation. The
superintendent may also, in his sole discretion, disconnect
any water service which has not been converted to metered
service by June 1, 1985, and may not re-connect such service
until it is metered. The customer shall pay all costs of any
such connection and re-connection including any utility
investment and hookup charges which may be due.
Sec. 23-105. Receipts.
On payment of any water rates or charges, the finance
department shall issue a receipt therefor stating the date of
payment, the amount of money received, from whom received and
on what premises the water was used. (Ord. No. 21-1975, ~t)
Sec. 23-106. Liability for payment; lien and court action
for nonpa~ent.
(a) The superintendent shall disconnect the water ser-
vice to any consumer who fails to pay any water service
charges or utility investment charges when the same shall
become due.
(b) All the rates and charges specified in this divi-
sion shall be paid by the owner of the premises on which the
water is used. All such water rates and charges from the
time such shall be due and chargeable shall become and remain
a lien upon the premises until such rates or charges shall be
paid. Water rates and charges may be collected against any
owner by suit, such action to be in the name of the city in
any court having jurisdiction thereof, and to be prosecuted
as an action at law personally against such owner or by a
suit in equity for the enforcement of such lien.
(c) Any lien for unpaid water rates and charges against
any premises may also be collected as provided by the statu-
tes of the state for the collection of taxes and other liens
and assessments against real estate. (Ord. No. 21-1975, §1)
Sec. 23-107. Shut-off and turn-on service charge.
A service charge of twenty five dollars ($25.00) is
hereby established for each turn-on and each shut-off of
water service howsoever occurring.
-24-
Sec. 23-108. No turn on without payment of unpaid water
charges.
In any case where the water has been shut off from any
premises, for any causes stated in this article or at the
request of the owner of the premises, the superintendent
shall not turn it on again or order it to be turned on until
all back water rates and charges have been paid and the owner
requests the service by making application and receives a
permit therefor. (Ord. No. 21-1975, ~1)
Sec. 23-109. Determination of charge when more than one
business exists in one building.
Whenever more than one business shall be carried on any
one store, room or other building it shall be the duty of the
superintendent to decide whether or not more than one charge
for water service shall be made for such use. (Ord. No.
21-1975, ~1)
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 sub-
ject property for two (2) 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 no similar 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 reaso-
nable estimate of two (2) month's service for a
space and use similar to the subject property..
(b) Subject to the approval of the director of finance
based on previous credit history with the City of Aspen
Utilities, 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 five (5) percent per
-25-
annum starting thirty (30) days after receipt of the monies
until the date of disconnection. Return of the unused por-
tion of the deposit plus interest will be made within forty-
five (45) days from date the final billing is issued). (Ord.
No. 28-1982, ~2)
Secs. 23-111-23-149. Reserved.
DIVISION 4. MISCELLANEOUS PROVISIONS
Sec. 23-150. Tampering with meter prohibited.
It shall be unlawful for any person to tamper with any
water meter installed on any service connection on the water
mains of the city or to place, install, or put on or near any
such meter any instrument or device which will affect the
operation thereof or the reading thereof. It is further
declared to be unlawful to interfere with or prevent the
superintendent or any employee of the city from examining and
reading any such meter.
Sec. 23-151. Wasting of water prohibited.
It shall be unlawful for any person using water from the
water utility to permit, suffer or allow water to run to
waste upon his premises, buildings, houses or lots in,
through or out of any water closet, lavatory, urinal,
bathtub, hose, hydrant, faucet or other fixture, appliance or
apparatus whatsoever, or in any manner through neglect or by
reason of faulty or imperfect plumbing or fixtures.
Sec. 23-152. Shut offs; emergency measures.
(a) If after a permit to use water is issued, it is
ascertained that water is being used on any premises not
authorized by the permi~ or in a greater amount or for a dif-
ferent purpose than that provided for in the permit, or if
any water user fails or refuses to pay water charges for the
use of water, as the same shall become due, it shall be the
duty of the superintendent to terminate water service; pro-
viding, however, that the city shall give notice to the
owners of premises prior to the time the water service is
terminated.
(b) The superintendent reserves the right to shut off
the street mains for repairing the mains or making connec-
tions or extensions to the same, or for the purpose of
cleaning the same. No main shall be shut off except in
emergency without prior notice to the water users affected.
No licensed plumber or other person shall shut off the water
from any of the city mains or make a tap thereon. In case of
any emergency, the city manager may restrict the use of water
until the next meeting of the city council. (Ord. No.
41-1981, S1)
-26-
Sec. 23-153. Use of water on premises other than permit
holder's.
It shall be unlawful for any person having a permit to
use water on his premises, or any occupant of such premises
to allow any person to take wa~er from the premises unless
the occupant or the owner of the premises on which he uses or
intends to use such water has a permit to do so as provided
in this article. (Ord. No. 41-1981, ~1)
Sec. 23-154. Use of lawn sprinklers and nozzles.
It shall be unlawful for any person at any time to use
water for sprinkling or irrigating through a hydrant or hose,
without a nozzle or lawn sprinkler, and no sprinkler opening
used shall be more than three-eighths inch in diameter. The
city council shall have the authority to establish by resolu-
tion, motion or otherwise any and all other restrictions as
to the use of water for sprinkling or irrigation and a viola-
tion of any such orders or regulaticns as imposed by the city
council shall be considered a violation of this Code. (Ord.
No. 41-1981, §1)
Sec. 23-155. Use of water for sprinklinq or irrigation
during fire prohibited.
It shall be unlawful to use water for sprinkling or
irrigation purposes during any fire or while the fire depart-
ment is using water ~or fire purposes and when the fire alarm
is sounded. (Ord. No. 41-1981, ~1)
Sec. 23-156. Determination as to whether inside or outside
of city.
(a) Except as set forth in subsection (b) hereof, any
water user or customer with a point of connection or of
consumption outside the city limits shall be subject to the
out-of-city service charge provided by section 23-101(g) and
to any other out-of-city rates, fees and charges imposed by
virtue of this article. If any use of water through a tap or
connection is made outside the city limits, all use through
such tap or connection shall be deemed outside of the city
regardless of the location of the point of connection.
(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 par~ by general property taxes shall
be deemed inside the city for purposes of assessing water
rates or surcharges, and any and all fees and charges imposed
by virtue of this article. (Ord. No. 41-1981, ~1)
Secs. 23-157 23-159. Reserved.
-27-
DIVISION 5. SUPPLY OF MUNICIPAL WATER FOR
SNOWMAKING PURPOSES
Sec. 23-160. Definition of "snowmaking."
"Snowmaking" shall be defined as the conversion of water
to artificial snow, through a permitted process, and its pla-
cement on permitted ski areas for the purpose of supple-
menting or augmenting natural precipitation. Sno%~aking
shall include the ancilliary use of water for the irrigation
of permitted ski areas for ski slope maintenance and protec-
tion. Snowmaking shall not include the use of water for
residential and municipal purposes, or for commercial or
industrial purposes besides snowmaking. (Ord. No. 60-1980
Sl)
Sec. 23-161. Authorization of contracts for the supply of
municipal water for snowmaking purposes.
Municipal water may only be supplied for snowmaking pur-
poses pursuant to a contract which is approved by the city
council and whose terms include, at a minimum, the fees,
charges and rates established in section 23-162. Any such
contract may include any additional terms or considerations
which the city council deems appropriate. Any such contract
shall be binding upon the parties for the entire term thereof
under the said section 23-162 as in effect at the time the
contract was made. (Ord. No. 60-1980, ~1).
Sec. 23-162. Water service rates for the supply of municipal
water for snowmaking purposes.
(a) Investment and hook-up charges. The utility
investment and hook-up charges imposed by sections 23-58
and 23-61 shall not apply to the supply of municipal water
for snowmaking purposes. The combined utility investment and
hook-up charges for such water service shall be as set forth
below:
Tap Size utility Investment
(inches) Charge ECU Hook-up Charge
6 $ 50,000 60.1-100.0 $ 5,000
8 75,000 100.1-150.0 6,900
10 131,600 150.1-270.0 7,000
12 175,000 270.1-432.0 10,000
In the event a tap size is requested different than the
sizes set forth herein, the city manager may establish
-28-
combined utility investment and hook-up charges appropriate
for the requested tap size. The combined utility investment
and hook-up char~es set forth herein are based upon the pro-
vision of raw or treated water service, at the option of the
city, with the requirement that all water utility service to
domestic and commercial customers shall be satisfied first,
and the provision of water service to snowmaking customers
shall be on an interruptible basis as approved by the city
council in the individual contracts for snowmaking services.
In the event that non-snowmaking service demands require a
reduction in snowmaking service, all snowmaking customers
shall have their service reduced on a first in time, first
in right basis. Snowmaking customers having a contract of an
earlier date shall be cut off or curtailed only after all
snowmaking customers having~contracts of a later date have
been cut off.
(b) Water rates and charges. The water rates and
charges imposed by sections 23-101 and 23-102 shall not apply
to the supply of municipal water for snowmaking purposes.
The rate per one thousand (1,000) gallons of muncipal water
supplied for snowmaking shall be computed as follows:
(1) The sum of the "total operating expenses before
depreciation" and the "depreciation" figures con-
tained in the City of Aspen audited financial sta-
tement for the water fund for the five (5) years
immediately preceding the year of use shall be
divided by the sum of the annual total municipal
water consumption contained in the City of Aspen
/ Water Department Annual Report for the five (5)
years immediately preceding the year of use,
deriving the resultant rate which is expressed in
terms of dollars and cents per one thousand (1,000)
gallons, which shall be multiplied by the number of
one thousand (1,000) gallons increments delivered;
provided, however, that if the City of Aspen
changes its accounting methods, and such change
results in an increased charge for the supply of
municipal'water for snowmaking purposes that would
not have resulted but for such change of accounting
methods, any snowmaking water user, at its sole
option and expense, many recompute such charge
under the accounting method in existence prior to
such change. If the city finance director (or com-
parable officer) concurs in such recomputed charge,
that rate shall be paid by the snowmaking water
user. In the event concurrence is not obtained,
the snowmaking water user, at its sole option and
expense, may retain a qualified certified public
accountant, acceptable to the city finance director
(or comparable officer) to make such recom-
putations, which will then be binding upon the city
and the snowmaking water user.
-29-
(2) The rate so established shall be applied uniformly
for the succeeding period April 16th through April
15th o~ the following year. The rate shall be
annually redetermined for each April 16th through
April 15th period during the term of any contract
for the supply of municipal water for snowmaking
purposes.
(3) The council ~s authorized to charge for such addi-
tional costs as are necessary to fairly reflect the
costs of supplying service. All such additional
costs shall be reflected in the contract executed
pursuant to section 23-161.
(c) Fees and rat~s .for .iq-city snowmaking; rates for
out-of-city snowmakiq9. All fees and ranes provided for
herein shall be for in-city snowmaking use only. Due to the
aerial extent of snowmaking, "in-city snowmaking" shall be
defined as snowmaking for which the point of connection to
the city water system is located within the city boundaries.
Fees and rates for out-of-city snowmaking shall be double
those fees and rates provided for in subsections (a) and (b)
of this section. (Ord. No. 60-1980, 91)
Secs. 23-163 - 23-199. Reserved.
DIVISION 6. WATER SHORTAGES
Sec. 23-200. Applicability.
This division 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 upon a vote by
the city council, with a majority of the council required to
vote that a water shortage exists. To the extent reasonable,
findings of applicability of the stages set forth in this
division shall be coordinated with similar findings by other
water users in the same drainage basin, and findings by the
state engineer and water conservation board shall be con-
sidered to be of a persuasive nature. The provision of this
division shall apply only to the use of the treated water
supply of the City of Aspen.
Upon such finding, the three-staged plan sen forth in
this division will be implemented. The duration of each
stage will be decided by the city council according to the
exigencies of the particular situation in question. (Ord.
No. 42-1981 91)
Sec. 23-201. Stages.
(a) Stage One. During the period designated Stage One:
-30-
(1) There shall be no washing of sidewalks, driveways,
parking areas, tennis courts, patios, or other
paved ~reas.
(2) There shall be no refilling of swimming pools with
water furnished by the city.
(3) There shall be no non-commercial 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.
(4) There shall be lawn watering only to the extent
determined permissible by the city council
according to the demands of the particula~ period
in question.
(5) No new public or private landscaping installations
shall be allowed.
(6) No new water connections shall be authorized, how-
ever, existing authorizations shall be honored,
provided, however, that this section shall not
apply to users on a well whose well has run dry.
(7) Watering golf courses shall be restricted to the
watering of tee boxes and greens, and such watering
shall be permitted only at the times set forth by
the city council.
(8) Water shall not be used for dust control, except
pursuant to authorization from the City of Aspen or
Pitkin County Environmental Health Department.
(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.
During Stage Two, all restrictons under Stage One shall
remain in effect. In addition, upon commencement of Stage
Two, the following measures shall be adopted:
(1) Except ~or fighting fire, there shall be no use of
water from a fire hydrant for human consumption, or
for use in connection with animals, street washing
or construction water supply.
(2) Watering of any lawn, garden, landscaped area,
tree, shrub or other plant shall be prohibited,
e~cep~ from a hand-held hose or container, or drip
-31-
irrigation system. Such watering shall be per-
mitted.only at times designated by the city coun-
cil.
(3) There shall be no use by a car washing or bus
washing facility in excess o~ seventy (70) percent
of the amount used by it during the corresponding
billing period in the preceding year. If the faci-
lity was not operating during the preceding year,
an assumed amount shall be computed from its
records and from the rate of use of comparable
facilities; provided, however, that this paragraph
shall not apply to any facility that recycles water
in a manner satisfactory to the city council.
(4) There shall be no non-residential use in excess of
seventy (70) percent of the amount used by the
customer during the corresponding billing period in
the preceding year. If connection to the city
system was not in existence during the preceding
year, an assumed amount will be computed based on
the rate of comparable facilities. Said percentage
may be increased by the city council for any con-
nection, use, or customer if the city council by
majority vote determines that such increase in
necessary to protect the public health, safety and
welfare, or to spread equitably among water users
of the city the burdens imposed by the water shor-
tage and the resulting lack of water in the city's
supply; provided, however, that this provision
regarding equitably spreading such burden shall in
no way serve to injure, weaken, or deprive the
legal demands of an adjudicated water right under
state statutes.
(c) Stage Three. Prior to the completion of Stage Two,
the city council shall determine by majority vote whether to:
(1) terminate the water shortage period; (2) revert to Stage
One; (3) extend the time for Stage Two; or (4) enter Stage
Three. If entered, Stage Three shall last until the city
council determines by majority vote 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,
should circumstances during Stage Three change and suggest
such a course of action. The restrictions which go into
effect upon entering Stage Three are as follows:
(1) Use in any dwelling or separate residential unit in
excess of fifty (50) gallons per day (or some other
quantity decided by the city council) for each per-
manent resident thereof shall not be permitted.
Each citizen supplied with water by the city shall
certify to the city water department in writing,
-32-
under oath and penalty of perjury, the number of
residents of each dwelling or separate residential
unit b~lled to the customer.
(2) There shall be no non-residential use in excess of
fifty (50) percent of the amount used by the
customer during the corresponding billing period of
the previous year. If connection to the city
system was not in existence or use during the pre-
ceding year, an assumed amount will be computed
based upon the city's records for comparable faci-
lities. Said percentage may be increased by the
city council for any connection, use or customer if
the city council, by majority vote, determines that
such increase is necessary to protect the public
health, safety and welfare, or to spread equitably
among the water users of the city the burdens
imposed by the water shortage and the resultin~
diminution of the city's supply. (Ord. No.
42-1981, ~1)
Sec. 23-202. Violations and sanctions.
(a) If and when the city council, water department or
police department become aware of any violation of any provi-
sion of this division, a written notice shall be placed on
the property where the violation occurred and mailed to the
person who is regularly billed for the service where the
violation occurs and to any other person known to the city
who is responsible for the violation or its correction. Said
notice shall describe the violation and order that it be
corrected, cured, or abated immediately or within such spe-
cified time as the city council determines is reasonable
under the circumstances. If said order is not complied with,
the water department may disconnect the service where the
violation occurs.
(b) A fee of twenty-five dollars ($25.00) shall be paid
for the reconnection of any service disconnected pursuant to
subsection (a) during Stage One.
(c) A fee of fifty dollars ($50.00) shall be paid for
the reconnection of any service disconnected pursuant to sub-
section (a) during Stage Two.
(d) A fee of one hundred dollars ($100.00) shall be
paid for the reconnection of any service disconnected pur-
suant to subsection (a) during Stage Three. Furthermore, no
service disconnected pursuant to subsection (a) during Stage
Three shall be reconnected unless a device furnished by the
water department which will restrict the flow of waser to
said service is installed. (Ord. No. 42-1981, §1)
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SECTION 2
The effective date of %his ordinance shall be January 1,
1987.
SECTION 3
If any provision of this ordinance is for any reason
held invalid or unconstitutional by any court of competent
jurisdiction, such provision shall be deemed a separate,
distinct, and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
SECTION 4
A public hearing on the ordinance shall be held on June
10, 1985, in the City Council Chambers, Aspen City Hall,
Aspen, Colorado.
INTRODUCED, READ A-ND ORDERED published as provided by
law by the City Council of the City of Aspen, Colorado, at
its regular meeting held at the City of Aspen on
2
illiam Stifling
Mayor
FINALLY adopted, passed amd approved on
~~ ., 1985,
William Stifling
Mayor
ATTESt:-.
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO CERTIFI~TE
COUNTY OF PITKIN
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby
certify that the abowe and foregoing ordinance was introduced,
read in full, and passed on first reading at a regular meeting of
the City Council of the City of Aspen on . //7 ,
1985, and published in the A~p~T'm~, a weekly newspaper of
general circulation published in the City of Aspen~Colorado, in
its issue of ///~/' /~ 1985, and was finally
ad~d at a regular meeting of the City Council on
, 1985 and ordered published as
Ordinance No. ~-~-, Series of 1985, of said City as provided
by law.
IN WITNESS WHEREO~, I have hereunto set ~ hand and the seal
of said city of As~en, Colorado this ___/i~.__~__ Nay o~
:- Kathryn ~ ~och, City ~erk
SEA~L
~Cle~k