Ordinance Number 224

The Board of Trustees of the Town of Deer Trail, Arapahoe County Colorado, does hereby ordain and resolve to amend town ordinances relative to the imposition of system development charges, also known as "Tap Fees" for the Twon water and wastewater system. 

Whereas, Colorado Revised Statutes 31-15-708 and 709, empower and authorizes municipalities to create and regulate municipal water and wastewater systems, including the collection of rates designed to maintain the water and wastewater systems, and to provide for future growth; and

Whereas, most recently, Town Ordinance 221, did set forth the system development charges, also known as "tap fees," for certain water connections to the Town systems; and

Whereas, due to rising costs for both materials, services, and other factors relating to the efficient functioning of the Town's water system, the Board of Trustees of the Town has determined that an increase in the tap fees is necessary and in the best interests of all of the citizens of the Town of Deer Trail.

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

Section 1. Amendment of Ordinance No. 221 and Applicable Previous Ordinances

  1. Upon adoption of this Ordinance, system development charges, or tap fees, for water service connection to the Town system shall be as follows:
    For each 3/4-inch tap: $3,500.00
    For each 1-inch tap: $5,000.00
    For each 1 1/4-inch tap: $6,500.00
    For each 2-inch tap: $8,000.00

For any requested tap larger than two inches, provided that the Town Board were to find good cause for such a tap, the amount shall be set by the Town Board, such cost to be based upon all relevant factors, including the Town's costs and projected future use.

Section 2. 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 3. 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Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Ordinance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 4. Emergency Exists

The Board has determined that if this Ordinance is not approved, passed, and effective as of the date of the regular meeting, as reflected in signature below, that the Town would be required to assess tap fees, up until the time of the passage of this Ordinance, which would not be sufficient to reasonably cover the anticipated impact or costs to the Town's water and wastewater system, and that the increase in tap fees does serve an immediate and beneficial use for the citizens of the Town of Deer Trail. Accordingly, the Board has determined that an emergency exists and ordains that this Ordinance shall take effect immediately upon passage.

Introduced, read, adopted, and approved this 3rd Day of May 2005.

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

Attest: Patti K.  Owens, Town Clerk