Ordinance Number 235

An Ordinance by the Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado, to amend town ordinances relative to usage rates to be assessed to those residents and nonresidents who use the town water system.

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

Whereas, the Town of Deer Trail, hereinafter referred to as the "Town," by and through its Board of Trustees, hereinafter referred to as the "Board," has undertaken and is undertaking projects necessary for the operation, maintenance, and improvement of the Town water system; and

Whereas, the Town has through the state statutes and past ordinances developed a billing system which accesses the cost of use of the water systems, to the individual users, based on the annual cost of operation and maintenance of the systems; and

Whereas, due to the costs incurred, and to be incurred, for the imposition of the projects and repairs, and due to costs and 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 user rate charges 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. 223 and Applicable Previous Ordinances B. Effective September 6, 2006, any non-residential person or entity wishing to acquire water from the Town of Deer Trail in bulk form shall be required to pay to the Town, at such locations and under such conditions as imposed by the Town, the following water rates:

Bulk Water Rates

Bulk Residential: $3.50 for every 1,000 gallons
Local Commercial: $4.50 for every 1,000 gallons
Bulk Industrial: $10.50 for every 1,000 gallons

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 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Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or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. 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 placed in a position of not being able to pay for the repairs, maintenance, and improvements to the Town's water and wastewater systems, and that the increase in rate charges 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 5th day of September 2006.

James F. Johnson, Mayor
Town of Deer Trail, Colorado

Attest: Patti K. Owens, Town Clerk