Ordinance Number 190

An ordinance providing for the administration, enforcement, rate and fee setting and amendment of the water services of the Town of Deer Trail, Colorado and the repeal of all ordinances in conflict herewith including Section 9 of Ordinance 188.

Whereas, the Town of Deer Trail, Colorado (the "Town"), has need for and desires to acquire, construct and install water system improvements and facilities in order to supply water to the Town and the inhabitants thereof: and

Whereas, Pursuant to Section 31-15-302 (d) (I), Colorado Revised Statutes, 1973, as amended, the
Board of Trustees has the power to contract indebtedness of behalf of the municipality by borrowing money: and

Whereas, the Town has applied for long-term loan and grant from the Farmers Home Administration of the United States Department of Agriculture for said purposes; and

Whereas, in order to qualify for said loan and grant, the ordinances governing the Town's water system and its regulation must meet certain standards and establish a certain rate structure.

Now, therefore, be it ordained by the Board of Trustees of the Town of Deer Trail, Colorado that:

  1. The Mayor and the Board of Trustees of the Town of Deer Trail, (hereinafter referred to as "the Town Board"), shall have the immediate control and management of all things pertaining to the Town Waterworks system and they shall perform all acts that may be necessary for the prudent, efficient, and economical management, maintenance, care operation, and protection of said water works. The Board of Trustees of the Town of Deer Trail may by resolution prescribe such other and further rates, rules and regulations as it may deem necessary.
  2. Receipts and Deposit. The Town Clerk shall keep a correct account of all receipts, make out all bills for water rents and material furnished to water users, collect the same, and deposit the proceeds so collected to the credit of the water works fund of the Town in accordance with the direction of the Town Board.
  3. Inspections. Whenever, in the judgment of the Town Mayor and the Town Board they deem it necessary, they or an authorized agent, may inspect the premises of buildings of any water consumer for the purpose of examining the condition of all pipes, motors, meters and water fixtures, or the manner in which the water is used. They shall be vigilant to protect and remedy all abuses, whether from waste or other improper use of water.
  4. Composition of water utility. All water and water rights, water works and appurtenances thereto, machinery, equipment and supplies used by the Town to supply its water users with water shall be known as the "Water System"; provided however, that the water service line from the meter riser or curb stop, whichever is closer to the structure or property served, shall be regarded as the property of the owner of said structure or property served.
  5. Control of Fire Hydrants. All fire hydrants shall be a part of the Town Water System and shall be kept in repair by the Town. Every hydrant shall be tested at least twice annually by the water department or by other authorized town employees.
  6. Operation of Fire Hydrants. No person, other than a fireman of the Town of Deer Trail Fire Department or other authorized fire protection or law enforcement personnel shall open operate any fire hydrant without permission from the Mayor or Board of Trustees.
  7. Damage to Department property prohibited. It shall be unlawful for any person to in any way damage property, equipment or appliances constituting or being a part of the Town Water System.
  8. Interference with water facilities prohibited. It shall be unlawful for any person to trespass upon the property of the Town or to tap any water mains or to make any connections therewith, or in any manner to interfere with the Town or the property, equipment, pipes, valves or any other appliances of the Town, or to change or alter the position of any valve or appliance regarding the flow of water in any pipeline.
  9. Connections to water mains and lines. It shall be unlawful for any person to make any connection with
    any water pipeline main which forms a part of the Water System of the Town except pursuant to and in accordance with the permit required by this ordinance. It shall be unlawful to make any connections with any privately owned water mains or pipelines which are connected with the water utility of the Town or to change, alter or renew any presently existing private main or pipeline connected with the water utility of the Town with any pipe larger than that in use as of the effective date of this ordinance except as provided herein.
  10. Application for connection permit. Any person desiring to make a connection to the Water Department to use water therefrom shall make written application to the Town Clerk for a permit to do so. The application shall state the name of the person to whom the permit is to be issued, the size of the tap, the corporation cock and the water service line, the location thereof, the premises upon which the water is to be used and the purpose for which the water is to be used.
  11. The Town Board may by resolution prescribe such rules and regulations as it may deem necessary concerning types of permits available, fees for permit application, and forms of application. 
  12. Permit contents. Permits required by this ordinance shall be issued by the Town Clerk and shall state the name of the person to whom the permit is issued, the date of the permit, the size of the tap, the cooperation cock and the water service line and the premises upon which the water is to be used.
  13. Restrictions on sprinkling. The use of water from the water system for lawn sprinkling or irrigation purposes may be prohibited or restricted as determined by resolution of the Town Board. Such order shall be effective when notice thereof is published once in a newspaper published or circulated within the Town. Upon the publication of such notice, the sprinkling restrictions or prohibitions so prescribed shall take effect, and any violator thereof may be punished by penalties as provided by rules and regulations which may be prescribed by resolution of the Town. Board. Water shall not be used through hoses or pipes without nozzles or sprinklers attached thereto. This regulation shall apply to all users of water service. The setting of sprinklers or nozzles so as to interfere with traffic on sidewalk is prohibited.
  14. Authority during emergency restrictions. In the event of a major fire or any other emergency that should require the immediate curtailment of the use of water from the water system, the Town Board shall have the authority to make such restrictions as it deems necessary for the protection of the public.
  15. Shut-off of water for repairs. Water may be shut off from any street main when necessary to repair the main or to make any connections or extensions of the water mains or to perform any other work necessary to maintain the water system, and no claim shall be made against the Town by reason of the breakage of any service pipe or service cock or from any other damage that may result from shutting off water for preparing or replacing mains, hydrants, or other connections.
  16. Authority to turn on water. It shall be unlawful for any person other than a duly authorized agent of the Town to turn on water to any premises, lot, building or house when the water has been shut off under the provisions of this ordinance.
  17. Cross-connections prohibited. It shall be unlawful for any person to have a cross-connection between a private line carrying well water and a line carrying water from the water system.
  18. Observance of rules and regulations required. No person may be served with water from the water system unless he agrees to abide by all the rules and regulations of the Town pertaining to the use of said water.
  19. Reservation of rights by Town. The use of water under the provisions of this ordinance shall not constitute or be deemed to be a relinquishment of any water or water right by the Town, and the Town reserves the full right to determine all matters in connection with the control and use of said water.
  20. Use of water by other than customers prohibited. It shall be unlawful for any person having water service thereunder to permit any other person, firm or corporation to take or use water from his said water service for use on property not connected to the Town water system, except as provided herein.
  21. Water Meters: Requirements and installation
    • All water service shall be metered.
    • All meters shall be of a size, type and design approved by the Town Board and shall be installed in a readily accessible location for the meter reader. Each meter shall be inspected by the Town and shall be properly adjusted before installation.
    • A record shall be made and preserved of each meter installed, giving the location and the serial number of the meter and the size of the meter. Meters may be inspected at any reasonable time by the Town.
    • Lawn Taps on service lines between the water main and the meters are prohibited.
  22. Test of meters required. Each water meter shall be tested either by the Town or the manufacturer and
    shall be found to be correct and properly adjusted before being installed. If the test is made by the manufacturer, a report of such test result shall be furnished to the Town prior to the installation.
  23. Maintenance of meters. All meters shall be maintained by the Town and shall be tested and repaired as necessary and not less than at least once in each ten-year period. The cost of repairing any damage to the water system caused by the water user shall be paid by the property owner and added to and considered a part of the charge for water service.
  24. Meter interference and bypass prohibited. It shall be unlawful for any meter user under the meter
    rates as set forth in this chapter or for any other person to tamper or interfere with any meter or meter seal or to so arrange his water service or piping that the use of water will not actuate the meter. The Town shall discontinue water service immediately to any user who violates the provisions of this section until satisfactory payment has been made for all water used and all repairs to the meter.
  25. Regulations for water service lines. The Town Board may by resolution prescribe such rules and regulations as it may deem necessary concerning the installation, connection, maintenance, and specifications of the water service lines of the Town.
  26. Payment of water charges.
    All charges for use of water as provided for in this ordinance are due and payable at the Town Hall. All chargers are delinquent thirty (30) days after the date of the bill. A "past due statement" will be sent out on the 1st of every month to the customer. If the bill has not been paid by the fifteenth (15) of the month, a "Shut-off notice" will be sent to the customer. The shut-off date shall be at least 10 days after the deposit in the mail of the letter giving notice of termination.
  27. Water service charges and fees.
    • A. Rate Schedule:
      All users: For each dwelling unit served by a meter:
      monthly minimum service charge: $10.00 plus the following charge for water used: $ .80 per 1,000 gallons.
    • Tapping Fees:
      for each 5/8- or 3/4-inch tap: $1,000
      for each 1-inch tap: $1,200
      for each 1 1/4-inch tap: $1,300
      for each 1 1/2-inch tap: $1,500
      for each 2-inch tap: $2,000
      larger than 2-inch tap: negotiated.
      The Town at its expense will furnish all labor and materials to make the connection to the main and install the service line to the curb stop.
    • Miscellaneous rate and service provisions.
      1. Vacant property will not be subject to monthly water and sewer charges during periods when water is turned off at the meter; provided, however that the person in whose name the service last was provided must notify the Town in writing as to the date when termination of service is desired. A customer who fails to provide that notification on a timely basis may continue to accrue monthly service charges until the Town receives the request to terminate service.
      2. In those instances where one meter of whatever size is serving more than one unit or household shall constitute one unit, and the person or persons responsible for payment for water service shall be billed on a per-unit basis. (If, for example, one-meter supplies 10 household, the monthly bill will be for 10 water minimums plus applicable charges for gallonage of water, if any, used in excess of that allowed by the 10 minimums.) If billing is to each of several individuals or households served by the master meter, any delinquencies at the various properties served are the responsibility of the owner of the property for which the master meter initially was installed, or his successor in title.
      3. A penalty of Ten Dollars ($10.00) plus a $3.00 mailing charge for each shut off notice mailed shall be assessed on all past due bills. This penalty may be waived if a user makes prior arrangements for payments during vacation or other periods when customer is absent for a good cause.
      4. For water shut off due to delinquency in payment, in addition to any arrearages for delinquent water and sewer charges $20.00.
      5. For water turn-on after payment of all delinquent charges $10.00
      6. For water shut-off or turn-on at user's request $10.00
      7. For short check or returned check $15.00 
      8. For any reading of meter at user's request $10.00
      9. For any other trip charge at user's request $10.00 or bank charges, whichever is greater.
    • Security Deposit Requirements:
      1. New customers will be required to pay a one-time, returnable security deposit, based on number of units to be served, as follow:
        All Units: $50.00
      2. If the billing history of any user shows the above deposit requirements are in the Town's judgment inadequate to protect the Town against possible default, an additional deposit may be required.
      3. Security deposits for motels, trailer parks, apartment houses and the like will in general be based on the number of units or households served and may be considered on a case-by-case basis.
  28. Charges in event of meter failure. If any meter shall fail to register in any billing period, the water user shall be charged according to the average quantity of water used by that user in a similar period.
  29. Effective date of billing. Billing for water service and any other notices relating to the water system shall be effective upon mailing said billing or notice to the last known address of the water user as shown on the records of the Town Clerk.
  30. Remedies for nonpayment. In addition to any other remedies which the Town may have. the Town will take the following action upon failure by any user to pay any charges or fees by the date specified as delinquent in accordance with this ordinance:
    1. The Town will foreclose the lien imposed by this ordinance in accordance with law.
    2. The Town will maintain an action for the number of charges due in a Court of competent jurisdiction, including interest as allowed by law.
    3. The Town will certify the amount of any charge due to the County Clerk and Treasurer to become an assessment upon the property served to be collected with other taxes upon such property.
    4. It shall be unlawful to fail to pay the charges imposed by this ordinance.
    5. The Town will shut off the water to any premises for which the bill is not paid, in accordance with the procedures set out in section 33 of this ordinance. 
  31. Unpaid charges a lien. All water charges shall be a lien upon the property to which water is delivered from the date said charges become due until said charges are paid. The owner of every building, premises, lot or house shall be liable for all water delivered to or taken from and used upon his premises. which lien or liability may be enforced by the Town by action at law or suit to enforce the lien. In case the tenant in possession of any premises or buildings shall pay the water charges, it shall not be required to look to any person whatsoever other than the owner for the payment of water charges. No change of ownership or occupation shall affect the application of this ordinance, and the failure of nay owner to learn that he purchased property against which a lien on the property and premises so served to the amount of water rent and other service charges from the date the same accrued and became due and payable.
  32. Termination and resumption of water service.
    • In case any person fails or refuses to pay any charges or penalties for water service or fails to comply with the provisions of this ordinance or other regulations applicable to the Town water service, the Town will shut off the water from the premises served.
    • Prior to shutting off the water, the Town will send a notice to the address of the customer concerned, as shown on the Town records, stating the reason for the termination of service, and the date upon which service will be terminated unless the charges are paid in full, or other specified violation is corrected. Such notice shall be in the shut-off notice referred to in section. 28 of these ordinances. The shut-off date will be at least 10 days after the deposit in the mail of the letter giving notice of termination.
    • The customer shall be entitled to a hearing with the Town Clerk for the purpose of resolving any dispute concerning the amount due or the violations specified. The notice of termination shall advise the customer of the right to such a hearing.
    • If the customer requests a hearing, an informal hearing shall be scheduled as soon as possible by the Town.
    • If the Town Clerk, Following the hearing, determines the matter adversely to the customer, service will be terminated immediately or on the date specified in the notice of termination, whichever is later.
    • The customer may appeal any such decision to the Town Board, where he will be allowed a hearing.
    • If the Town terminates water service pursuant to this section, service will not be restored until all delinquencies and penalties and additional charges as provided in this ordinance, which have been billed, have been paid to the Town.
  33. Violations and penalties. A violation of any of the provisions of this ordinance or the failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements, shall, upon conviction thereof, be fined not more than Three Hundred Dollars ($300.00) or be imprisoned for not more than ninety days, or both, for each violation; and in addition, shall pay all costs and expenses involved in the case, including attorney's fees. Each day such violation continues shall be considered a separate offense.
  34. Repeal of previous ordinances. MI other ordinances or portions thereof in conflict or inconsistent with the provisions of the ordinance are hereby repealed. Section 9 of ordinance 188 is amended to read as is in this ordinance. The water and sewer are one in the same billing cycle. The penalty and dates are to work as coinciding with this ordinance.
  35. Emergency clause. The Board of Trustees hereby determines that because of defects in the Town's water system, water pressure and supply are insufficient to provide adequate fire protection for the Town and its inhabitants, and therefore it is necessary for the immediate preservation of the public health and safety to enact this ordinance forthwith in order to obtain a loan and grant from the Farmers Home Administration to provide funds to acquire, construct, and install water system improvements and facilities in a timely manner, for the purpose of insuring that the Town and its inhabitants are provided with sufficient fire protection capability.
  36. Severability. If any paragraph, clause or provision of this ordinance is judicially adjudged invalid or
    unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses, or provisions hereof, the intention being that the various paragraphs. or provisions hereof are severable.
  37. Effective Date. This ordinance shall take effect August 1. 1996

Introduced, read, in full, adopted and ordered published once in full this day of July 1996.

Town of Deer Trail, 

Hugh Johnson, Mayor 

Attest: Kim C. Jeffrey, Town Clerk