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HomeMy WebLinkAboutORDINANCE 04-870 0 ORDINANCE NO.4-87 AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO,THE SAME PERTAINING TO BULK RATE WATER USERS BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK COLORADO: Section 1.That Title 13 of the Municipal Code of the Town of Estes Park,Colorado,shall be amended by the addition of Chapter 13.38 to read as follows: Chapter 13.38 Bulk Rate Water Users. Section 13.38.010 Bulk Rate Water User.A Bulk Rate Water User is a person or an entity controlling or owning and maintain ing its own water distribution system,which system is connected to the Town’s water system by a single connection through a single meter.Only such systems in existence on April 1,1987 shall be eligible for acceptance as a Bulk Rate Water User, unless otherwise approved by the Town Board.This rate structure is not intended to apply to developments served by private service lines that are master—metered in accordance with Section 13.28.030. Section 13.38.020 Application.Any person or entity desir ing to receive water from the Town of Estes Park under the provisions of this Chapter shall apply to the Town for approval. Such application shall designate the property to be served.The property to be served must be designated in the application by the description thereof as it appears on the tax rolls in the office of the Assessor of Larimer County,Colorado.Following submittal by the applicant,the application shall be reviewed for approval by the Water Committee of the Town and also the Board of Trustees of the Town of Estes Park.The applicant shall provide information as requested by the Public Works Director to provide adequate information to the Water Committee and the Board of Trustees to review the application.All accounts for water shall be kept in the name of the applicant. •0 0 Section 13.38.030 Subdistrict Inclusion.All applications for water service for property not included within the Municipal Subdistrict,Northern Colorado Water Conservancy District,must be accompanied by a Petition to include such property within said District.No water service shall be furnished to such property until it has been included within the Subdistrict.Inclusion is the responsibility of the applicant,and the applicant is also responsible for all expenses of inclusion. Section 13.38.040 Rates.The Bulk Water User rate shall be $5.00 per 1,000 gallons of water used according to the master meter.In the event one of the Pump—Flow Rates,as more specifically set forth in Sections 13.32.110 and 13.32.130 of the Municipal Code is applicable,the rate shall be $5.10 per 1,000 gallons of water used. Section 13.38.050 Water Rights Surcharge.The rates set forth in Section 13.38.040,includes a water rights surcharge. In the event the applicant desires to transfer water rights to the Town in lieu of the water right surcharge,the applicant shall submit this proposal along with the application.The applicant shall identify the water rights to be transferred to the Town including adequate information on the amount,priority, type,and value of said water rights.It shall be in the dis cretion of the Town whether or not the Town accepts said water rights in lieu of the water rights surcharge.In the event the water rights are transferred to the Town,but are not sufficient to give the Town enough water to take care of the entire water rights need,the water rights surcharge shall be prorated accord ingly. Section 13.38.060 Connection Charge.The cost of physical connection including the master meter to the Town’s water system shall be the responsibility of the applicant and shall be paid to the Town prior to the Town providing any water to the applicant. Also,the Town shall inspect and approve the connection prior to the providing of any water to the applicant. Section 13.38.070 Billing.The applicant shall provide at the time of application adequate assurance through covenants,or •0 0 other agreements which are acceptable to the Town indicating the ability of applicant to pay for the water provided.Also,the Town may require a deposit,not to exceed three (3)months of anticipated billings,to secure payment of the water bill. Interest shall be accrued on the deposit at the same rate accrued on electric deposits.The interest rate is subject to change January 1 of each year. Section 13.38.080 Delinquent Water Charge.If,for any cause,any water charge shall become delinquent,the water service may be turned off and in no case shall be turned on to the same property until all delinquencies and penalties shall have been paid in full.Change in ownership or occupancy shall not affect the application of this section. Section 13.38.090 Turn off Costs and Penalties.When water service has been turned off because of a delinquency in payment of water rent,the water shall not be turned on until all water rent has been paid and all costs of labor material as determined by the Town,to turn the water on and off has also been paid. Section 13.38.100 Master Meter.The applicable provisions of Chapter 13.28 of the Municipal Code with regard to water meters and the use and installation thereof shall be applicable to the applicant as if the applicant was a consumer under the terms and conditions of said code provisions. Section 13.38.110 Distribution System.It is understood and agreed by the applicant and all persons receiving water through the master meter that the Town has no control or has not approved the distribution system from the master meter to the ultimate user of the water.The Town shall not be responsible for the repair or maintenance of the distribution system.No claim shall be made against the Town on the account of the breaking of any part of the distribution system or for the failure of supply of water to same.The applicant and all others receiving water through the distribution system under the terms and conditions of this Chapter hereby understands that the Town does not warrant at any time an adequate supply of water to the system and/or the design and workmanship of the distribution system.Any change in •0 0 the quality of the water after delivery to the master meter is not the responsibility of the Town. Section 13.38.120 Use Outside Town Limits.Use of water outside the Town Limits shall be subject to the superior rights of users within the Town Limits and in case there shall be insufficient water to provide for users both inside and outside the Town Limits,the Board may reduce,curtail or shut—off users outside the Town Limits during such period of water shortage or scarcity. This Ordinance shall take effect and be in force 30 days after passage,adoption and signature of the Mayor. TOWN OF ESTES PARK By:jtgL. Mayor ATTEST: C, Town Clerk Pasppd and adopted by the Board of Trustees this _______ day of U/ALL ,19 fl I hereby certify that the above Ordinance was introduced and read at a reular meeting of the Board of Trustees on the 7t’day of ______________, 19fl,and published in a newspaper of general &rculation in the Town of Estes Park,Colorado. TC &. Town Clerk