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Home My WebLink Aboutordinance.council.052-00 RECORD OF PROCEEDINGS 100 _eaves ORDINANCE NO. (Series of 1983) AN ORDINANCE AMENDING CERTAIN SECTIONS OF DIVISION 2 OF ARTICLE III, CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, AS AMENDED, ENTITLED "UTILITY CONNECTION CHARGE" BY ENACTING UTILITY CONNECTION CHARGES FOR A NEW SERVICE AREA EIGHT WHEREAS, the City of Aspen (Aspen) and the Music Associates of Aspen, Inc., (MAA) have entered an agreement which provides for the extension of water service by Aspen to MAA; and WHEREAS, the Aspen City Council desires to base the utility connection charges and monthly water rates contemplated by this agreement on a service area which is consistent with the present service areas in Aspen's Comprehensive Water Management Plan; and WHEREAS, the Aspen City Council has determined that the costs of providing water service to the MAA and related lots can be fairly apportioned consistent with Aspen's Comprehensive Water Management Plan by creating a new service area eight (8), which will serve 72 new EQR along and to the water main connecting Aspen's water utility system to MAA at a total capital cost of $120,000; and WHEREAS, in designating a new service area eight (8), the Aspen City Council has previously reserved the designation of a service area seven (7) for utility connection charge purposes in the area west of current service in service area six (6); and WHEREAS, the Aspen City Council has determined that the c~er- ation, maintenance, and replacement costs of providing water ser- vice to a new service area eight (8), plus an equitable charge for a portion of the capital costs of Aspen's water utility system existing as of December 31, 1980, will be recovered through tP.e monthly water service rates which will be assessed to MAA and to any other customer in new service area eight (8) under Sections 23-101, 102 and 103 of the Aspen Municipal Code; and RECORD OF PROCEEDINGS 100 _eaves WHEREAS, the Aspen City Council has determined that, consis- tent with the minimum charges specified in Section 23-58(b) of the Code, with the EQR table in Section 23-58(c), and with the provi- sion for special utility connection charges in Section 23-58(e) of the Code, the MAA and 2 attendant lots will require the equivalent of 60 EQR of water service, and that all other lots in new service area eight (8) will require the equivalent of 2 EQR per lot; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Division 2 of Article III of Chapter 23 of the Municipal Code of the City of Aspen, Colorado, namely Sections 23-54(i) and 23-58(b) and (d) be and hereby are amended to read as follows: Section 23-54(i): "Service area" as used in this division shall mean one or more of those identified subdivisions of the total potentlal or existing service area of the City of Aspen water utility, as defined and specified in the comprehensive water manage- ment plan of the City of Aspen. As set forth in the plan, designation of these potential service areas or the estab- lishment of utility connection charges therefor shall not be construed as a willingness or ability of the water utility to service those areas, but only as fees to be charged if and when such service is extended. A customer of the City of Aspen water utility shall be defined to be located within the service area in which the utility connection serving that customer is located. The water service areas are identified on the service area map and will be commonly known in the internal records as: Service Area 1. Central Aspen area; Service Area 2. Eastside area; Service Area 3. Northside area; Service Area 4. Westside area; Service Area 5. Maroon/Castle Creek area; Service Area 6. Airport area-far west area; Service Area 7. Reserved; Service Area 8. Music School/Castle Creek." Section 23-58(b): "In the event that a connection or proposed connection does not fit within the categories provided in subsection (c) hereof, the director may make a separate EQR determination, or may require that such determination be made by the city's engineer at the applicant's expense. In no event, however, RECORD OF PROCEEDINGS 100 Leaves shall utility connection charges be less than the followin_c minimum amounts (SA-service area): Water and Tap Size Charge Demand (gpm) ( Inches ) SA- 1 SA-2 SA-3 SA-4 SA-5 SA-6 SA-8 0-18 3/4 $1,920 $3,960 $5,280 $2,040 $2,640 $4,320 $2,640 19-30 1 3,420 7,050 9,400- 3,630 4,700 7,690 4,700 31-60 1 1/2 7,680 15,800 2~,100 8,160 10,550 17,260 10,550 61-96 2 ~-i~O0- 28,200 37,560 14,500 18,780 30,730 18,780 97-180 3 30,800 63,400 84,320 32,700 42,160 68,990 42,160 181-300 4 54,800 ~2,800 150,080 58,150 75,050 122,800 75,050 301-600 6 ....... ~90~25~_3.!400 33~,730 . 1~0,550)6~90 .239,670 169,~_ Section 23-58(d): Connection charges are designed to cover the additional costs of new facilities necessary to service the growth projected by the Aspen/Pitkin County Growth Management Plan for the service area located within which the applicant's utility service is to be located, for customers on line after December 31, 1980. For the purpose of connection charge computation, the following fees shall be assessed per EQR. Projected Growth Management Plan Utility Expansion Total EQR Connection Facilities Costs to be Charges Per (Millions of serviced after EQR (effective 1980 $) 12/31/80 11/15/83~ Service Areas - 1 $1.7709 1,153 $1,920 Service Area - 2 1.7705 534 3,960 Service Area - 3 .2578 69 5,~280 Service Area - 4 .1946 117 2,040 Service Area - 5 .1606 72 2,640 Service Area - 6 .6355 228 4,320 Service Area - 7 (Reserved) Service Area - 8 .1606 72 2,640 The total connection fee shall be the utility connection charge per EQR multiplied by the number of EQR points for the utility connection applied for by the Applicant." Section 2 The water rates and charges contained in Section 1 of the ordinance shall become effective as of November 15, 1983. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or 3 I RECORD OF PROCEEDINGS 100 Leaves unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the /~. day of ~-~~_J , 1983, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the ~ day of ~ , 1983. -- - ~ William L. St ATTEST: ~! , City Clerk FINALLY adopted, passed and approved this ~/ day of ~ , 1983. William L. AT-TES~: ~ h, City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ss CERTIFICATE COUNTY OF PITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City Council of the City of Aspen on ~-~ // , 19 ~ , and published in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue of ~ ~ , 19 ~, and was finally adopted and approved at a regular meeting of the City Council on ~~~/'~ , 19~3, and ~rdered published as Ordinance No. ~_~ , Series of 19 ~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado this /~ day Kathryn~j ~och, City Clerk Deputy City Clerk