An emergency ordinance amending ordinance No. 252, Series of 2016, as amended regarding sewer tap fees.
Whereas, pursuant to C.R.S. § 31-15-708 and C.R.S. § 31-15-709 the Town is empowered and authorized to establish and regulate Town water and sewer systems, including the imposition of charges, rates and fees pursuant to C.R.S. § 3 I-35-402(f) designed to operate and maintain the water and sewer systems and to provide for future growth.
Whereas, by Ordinance No. 252, Series of 2016, the Town adopted comprehensive water and sewer regulations and charges, rates and fees for use of the Town water and sewer systems.
Whereas, Ordinance No. 252, Series of 2016, has been amended at various times to adopt new charges, rates and fees for use of Town water and sewer systems, including without limitation by Ordinance 17-04.
Whereas, due to the costs incurred and to be incurred in connection with the construction of imminently needed wastewater treatment plant improvements, the Board has determined that an increase in sewer tap fees is necessary and in the best interests of all Town citizens; and
Whereas, because the Board of Trustees previously imposed a moratorium on the processing of new building permits while the Town commissioned a study to determine an appropriate sewer tap fee schedule, the adoption of this Ordinance is necessary as an emergency for the immediate preservation of the public health, safety and welfare of the Town in order to allow the moratorium to end, and the new fees to be imposed.
Be it ordained by the Board of Trustees for the Town of Deer Trail, Colorado that.
Section 1.
Section 6 of Ordinance No. 252, Series of 2016, as amended, is hereby repealed and reenacted to read as follows:
Tap fees. Water and sewer tap fees for connection to Town water and sewer systems shall be as follows:
- For water (residential and commercial) tap fees:
3/4 inch tap: $5,000
1 inch tap: $7,500
1 1/2 inch tap: $6,500
2 inch tap: $8,000 - For sewer (residential and commercial) tap fees*:
3/4 inch tap: $10,000
1-inch tap: $19,000
1 1/2-inch tap: $38,000
2-inch tap: $76,000
3-inch tap: $170,000
4-inch tap: $340,000
*Sewer tap fees shall automatically increase by 3% on an annual basis beginning on January I, 2022
Section 2.
Ordinance No. 252, Series of 2016, as amended, remains in full force and effect, except as amended above.
Section 3. Declaration of Emergency.
Pursuant to authority given to the Town in C.R.S. § 31-16-105, the Board of Trustees finds, determines and declares that passage of this Ordinance is necessary for the immediate preservation of the public peace, health and safety and by reason of the fact that the Town had a moratorium in place to commission a study to plan for improvement to the existing wastewater and sanitary sewer system of the Town, and to adequately provide for the funding of such improvements. It is therefore declared that an emergency exists, and that this Ordinance is necessary for the immediate preservation of the public peace, health and safety and that it shall become effective upon adoption.
Section 4. Repealer.
All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.
Section 5. Recording and Authentication.
Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk and shall be published as required by law.
Section 6. Effective Date.
This Ordinance shall become effective immediately upon adoption.
Adopted and approved this 1st Day of February 2021.
James Johnson, Mayor
Town of Deer Trail, Colorado
Attest: Candice Reed, Town Clerk