Ordinance Number 218

An ordinance of the Town of Deer Trail, Colorado, hereby ordaining and resolving to ament ordinances 201 an d202 pertaining to certain costs and requirements of a landowner of developer when municipal water and sewer mains are installed.

Whereas, the Town of Deer Trail, hereinafter referred to as the "Town," in the County of Arapahoe and the State of Colorado, is the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and

Whereas, Colorado Revised Statutes 31-15-702, 31-15-703, 31-15-709, and 31 -23 -214, as amended, give to the governing body of each municipality in the State of Colorado discretionary power and authority concerning the construction and providing of utility services and improvements, and the implementation of subdivision regulations, within the municipality; and

Whereas, on December 1, 1998, the Board of Trustees, hereinafter referred to as the "Board" did enact Ordinance No. 201 which enacted and created subdivision regulations and procedures for real property within the Town, and further on December 1, 1998, did enact Ordinance No. 202, which enacted regulations and procedures concerning proposed extension of services or improvements to existing platted and developed property within the Town; and

Whereas, the Board has determined that certain provisions of the above stated Ordinances should be amended so as to clarify the costs and requirements of landowners or developers when such services are constructed or extended pursuant to the Ordinances.

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

Section 1. Amendment of Ordinance 201

  1. Upon the adoption of this Ordinance, Section V, subparagraph b, shall be amended to state as follows:
    • "The developer or owner shall not obtain final subdivision plat approval until the developer provides for the installation of all public improvements required by the development and acknowledges responsibility for the cost and construction of all wastewaters, water, or drainage facilities. Particularly, at the time water and wastewater mains are installed, those service utilities will be stubbed to the property line, the cost to be assumed and paid by the developer or owner. Further, the developer or owner shall assume and pay for the cost and construction of all necessary streets, alleys, sidewalks, curbs, gutters, fire hydrants, and related appurtenances in and through the subject property. In addition to dedicating such improvements to the Town, the developer or owner shall execute such deeds and easements as required by the Town for all sewer and water lines, or other public utilities upon, across, or over any of the subject property or adjacent properties."

Section 2. Amendment of Ordinance 202

  1. Upon adoption of this Ordinance, Section V, subparagraph 1, shall be amended to state as follows:
    •  Water and Sewer Improvements: Each applicant and owner, groups of owners, and/or developers, shall cause to be installed water and/or sewer mains in the area to be served according to the Town's specifications. All water and sewer mains are to be installed, or constructed, so as to be stubbed to the individual owners' property line. The Board in fixing the size, location and specifications for said improvements, shall not only consider the immediate area to be served but
      also, the use of said improvements in providing service to other areas as development warrants. Upon acceptance of said improvements by the Town, all utility mains located within the streets shall be the property of the Town and shall be maintained by the Town."
  2. Upon adoption of this Ordinance, Section VI, subparagraph A, shall be amended to state as follows:
    • "A. Water and Sewer Improvements: The cost of the installation of water mains and pipelines and sewer main lines and pipelines shall be borne by the adjacent property owners according to the square footage of the property served thereby. Further, at the time water and sewer mains are installed, those service utilities will be stubbed to the property line and paid for by the applicant, owner, or developer.

Section 3. Validity

If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.

Section 4. Repeal

Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance.

Section 5. Effective Period

This Ordinance shall take effect thirty days after passage and publication as required by statute.

Introduced, adopted, approved, and ordered published this 6th day of July 2004.

Beryl H. Rector, Mayor
Town of Deer Trail, Colorado

Attest: Patti K. Owens, Town Clerk