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HomeMy WebLinkAboutORDINANCE 10-71ORDINANCE NO.10-71 AN ORDINANCE A11ElDING CHAPTER SECTIONS 6.5,6.15,6.16,6.22,6.23,6.25,6.28, 6.30 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,RELATING TO WATER USE,APPLICATIONS,RATES,RENT,RULES, REGULATIONS,AND PENALTIES. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That Section 6.5 of the Municipal Code of the Town of Estes Park,Colorado be amended to read as follows: 6.5 Application for Water Service.Every consumer desiring a supply of water from the Town shall make application therefor at the office of the Town Clerk.Such application shall designate the property to be served and shall state the purpose for which the water may be required.No application for water service shall be granted when the water lines do not have sufficient capacity to serve the property for which the application for service is requested.In determining the capacity of such lines,all property for which such lines were designed to serve shall be considered,whether or not such property is presently being served.All applications for water service for property not included within the Northern Colorado Water Conservancy District or the Municipal Subdistrict,Northern Colorado Water Conservancy District,must be accompanied by a petition to include such property within said Districts. Section 2.That Section 6.15 of the Municipal Code of the Town of Estes Park,Colorado be amended to read as follows: 6.15 Waste of Water Prohibited.Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use.Hydrants,urinals,water closets,bath tubs and other opening must not be left running for any purpose other than the use for which they were intended.In addition to the penalty provided herein for Code violations, the water service may be turned off by the Town where any such waste occurs. When water service has been so turned off such service shall not be turned on until a water meter has been installed as provided in this chapter.All future water service to the property shall be at the metered water rate set forth in Section 6.28-2 or 6.28-4 of this code,as appropriate1. I ,.. Section 3.That Section 6.16 of the Municipal Code of the Town of Estes Park,Colorado be amended to read as follows: 6.16 Supplying Water to Others.No occupant or owner of any building into which water is introduced will be allowed to supply water to other persons or families.The water department agrees to furnish water for a certain specified sum.If,therefore,consumers furnish other people or supply water for animals or for sprinkling,washing vehicles or for building purposes,or permit it to be taken without the knowledge or consent of the water department,it is a violation of contract,and consumers so offending will be required to pay double the price of water so used,and the town reserves the right to shut off the supply for abuses of water privileges.When the water has been turned off for violation hereof,the water will not be turned on again until all water rent and penalties have been paid,including costs incurred by the water department for shutting off the supply. Section 4.That Section 6.22 of the Municipal Code of the Town of Estes Park,Colorado be amended to read as follows: 6.22 Turn Off Costs and Penalty.When water service has been turned off because of a delinquency in payment of water rent,or because of a waste of water,the water shall not be turned on until the consumer has paid the cost of labor and material as determined by the Town,to turn the water off and on.Should the occupant of the premises turn on the water or cause it to be turned on after it has been shut off at the curb cock, it will be turned off at the main and a charge of Ten Dollars ($10.00)plus the cost of labor and materials as determined by the Town,for turning the water off or on shall be added to the water bill and collected as a part thereof. Section 5.That Section 6.23 of the Municipal Code of the Town of Estes Park,Colorado be amended to read as follows: 6.23 Delinquent Water Rent-Service Turned Of f.If for any cause any water rent shall become delinquent,the water service may be turned off and in no case shall it be turned on to the same property until all delin quencies and penalties shall have been paid in full.Change of ownership or occupancy shall not affect the application of this section.This section shall be deemed to include water users within or without the corporate limits. —2- 0 Section 6.That Section 6.25 of the Municipal Code of the Town of Estes Park,Colorado be amended to read as follows: 6.25 Unpaid Water Rents a Lien.All water rents shall be charged against the owner of the property served and shall be a lien upon the res pective lots or parcels of land where said water is used from the time when due and shall be a perpetual charge against said lots or parcels of land until paid,and in the event said rents shall not be paid when due for water service to property within the corporate limits,the Town Clerk shall certify such delinquent rents to the Treasurer of Larimer County and said rents shall be collected in the same manner as though they were part of the taxes.On all delinquent water rent,for property outside the corporate limits,there shall be a charge of one-half of one percent per month on the amount due which shall be added to the amount due until paid. Section 7.That Section 6.28 of the Municipal Code of the Town of Estes Park,Colorado be amended to read as follows: 6.28 Schedule of Water Rates and Rate Proration.There shall be no reduction in rates or charges or any rebates thereof for use for less than the annual period;except the rates charged consumers making new connections to the Town’s water system,which rates shall be prorated on the bases of the number of months remaining in the rate year in which the new connection is made. Section 8.That Section 6.28-1 of the Municipal Code of the Town of Estes Park,Colorado be amended to read as follows: 6.28-1 Residential Water Rate Schedule R-l (Urban). Applicability. Applicable for water service to consumers within the corporate limits of the Town of Estes Park. Availability. This schedule is available only for domestic use in single-family private dwellings or in multi-family dwellings or apartments.It is not available for swimming pools or where water is used on a continuous basis. Rate For each family dwelling unit $40.00 Where a hose bibb is installed an additional minimum charge will be made of $5.00 which includes the irrigation of the first 1,000 square feet or less of irrigated lot area. For each 100 square feet of irrigated lot area in excess of 1,000 square feet,an additional ...$.25 -3- Charges and Payment The foregoing schedule is computed on an annual basis.Payment shall be made in advance on July 1st of each year.Bills for water service are due and payable within 20 days from date of bill and shall become delinquent within 30 days from date of bill. Contract Period and Conditions Service under this schedule shall be for a minimum period of 12 months and thereafter until terminated.Service may be terminated on 10 days’written notice. Service under the foregoing schedule is subject to this code and the ordinances of the Town of Estes Park and rules and regulations of the Water Department. Annual Minimum Rates An annual minimum rate of $20.00 for Residential property shall be charged for all property within the corporate limits which is connected to the Town’s water system,to which no water has been supplied.No annual minimum charge shall be made for property disconnected from the Town’s water system.When property is disconnected from the Town’s water system,the application and connection fees provided for in Section 6.6 of this Code shall be made and paid to the Town Clerk before water service shall be restored to the property. Section 9.That Section 6.28-2 of the Municipal Code of the Town of Estes Park,Colorado be amended to read as follows: 6.28-2 Commercial Water Rate Schedule C-i (Urban) Applicability Applicable for water service to consumers within the corporate limits of the Town of Estes Park. Availability This schedule is available for commercial,business,industrial, professional and service establishments,hotels,motels,hospitals, nursing homes,beauty salons,schools,churches,government facilities, swimming pools,and all similar uses other than for which the residential water rate schedules apply.This schedule is also available,if desired, for residential consumers. -11- 0 Rate Meter Size Minimum Annual Use Minimum Annual Inches 1000 Gal.Bill 5/8 30 $55 3/4 40 90 1 55 135 1-1/2 90 250 2 135 400 3 250 750 4 390 1,200 During the summer season of June,July,August and September the rate for all water usage in excess of the minimum is $.50 per 1,000 gallons.During the remaining eight month period the rate in excess of the minimum usage is $.35 per 1,000 gallons. Bills for water service will be rendered on or about October 1st for the summer season of four months and about June 1st for the eight months off-season period after the summer season,and shall be due and payable within 20 days from date of bill.Bills shall become delinquent within 30 days from date of bill. Contract Period and Conditions Service under this schedule shall be for a minimum period of 12 months and thereafter until terminated.Service may be terminated on 10 dayst written notice. Service under the foregoing schedule is subject to this code and the ordinance provisions of the Town of Estes Park and rules and regulations of the Water Department. Annual Minimum Rates An annual minimum rate of one-half the metered minimum bill for Commercial property shall be charged for all property within the corporate limits which is connected to the Town’s water system.When property is disconnected from the Town’s water system,the application and connection fees provided fro in Section 6.6 of this Code shall be made and paid to the Town Clerk before water service shall be restored to the property. Section 10.That Section 6.28 of the Municipal Code of the Town of Estes Park,Colorado be amended by adding thereto the following: -5— 6.28-3 Residential Water Rate Schedule R-2 (Rural) applicability Applicable for water service to residential consumers outside the corporate limits of the Town of Estes Park. Availability This schedule is available oniy for domestice use in single- family private dwellings or in multi-family dwellings or apartments.It is not available for swiunning pools or where water is used on a continuous basis. Rate For each family dwelling unit $70.00 Where a hose bibb is installed,an additional minimum charge will be made of $8.75 which includes the irrigation of the first 1,000 square feet or less of irrigated lot area. For each 100 square feet of irrigated lot area in excess of 1,000 square feet,an additional ....$.44 Charges and Payment The foregoing schedule is computed on an annual basis.Payment shall be made in advance on July 1st of each year.Bills for water service are due and payable within 20 days from date of bill and shall become delinquent within 30 days from date of bill. Contract Period and Conditions Service under this schedule shall be for a minimum period of 12 months and thereafter until terminated.Service may be terminated on 10 days’written notice. Service under the foregoing schedule is subject to this code and the ordinances of the Town of Estes Park and rules and regulations of the Water Department. Annual Minimum Rates An annual minimum rate of $35.00 for Residential property shall be charged for all property outside the corporate limits of the Town of Estes Park which is connected to the Town’s water system to which no water has been supplies.No annual minimum charge shall be made for property disconnected from the Town water system.When property is disconnected from the Town’s water system,the application and connection fees provided for in Section 6.6 of this Code shall be made and paid to —6— 0 the Town Clerk before water service shall be restored to the property. Section ii.That Section 6.28 of the Municipal Code of the Town of Estes Park,Colorado be amended by adding thereto the following: 6.28-4 Commercial Water Rate Schedule C-2 (Rural) Applicability Applicable for water service to consumers outside the corporate limits of the Town of Estes Park. Availability This schedule is available for commercial,business,industrial, professional and service establishments,hotels,motels,hospitals,nursing homes,beauty salons,schools,churches,government facilities,swimming pools,and all similar uses other than for which the residential water rate schedules apply.This schedule is also available,if desired,for residential consumers. Rate Meter Size Minimum Annual use Minimum Annual Inches 1,000 Cal Bill 5/8 30 $96 3/4 40 158 1 55 236 1-1/2 90 437 2 135 700 3 250 1,313 4 390 2,100 During the summer season of June,July,August and September the rate for all water usage in excess of the minimum is $.88 per 1,000 gallons. During the remaining eight month period the rate in excess of the minimum usage is $.61 per 1,000 gallons. Payment Bills for water service will be rendered on or about October 1st for the summer season of four months and about June 1st for the eight months off-season period after the summer season,and shall be due and payable within 20 days from date of bill.Bills shall become delinquent within 30 days from date of bill. Contract Period and Conditions Service under this schedule shall be for a minimum period of 12 months and thereafter until terminated.Service may be terminated on 10 days’written notice. —7— Service under the foregoing schedule is subject to this code and the ordinance provisions of the Town of Estes Park and rules and regulations of the Water Department. Annual Minimum Rates An annual minimum rate of one-half the metered minimum bill for Commercial property shall be charged for all property outside the corporate limits of the Town of Estes Park which is connected to the Townts water system.When property is disconnected from the Town’s water system,the application and con -8- H,’0 nection fees provided for in Section 6.6 of this Code shell be made and iaid to the Town Clerk before water service shall be restored to the property. Section 12.That Section 6.30 of the Municipal Code of the Town of Estee Park,Colorado be amended to read as follows: 6.30-1 Rules and Repulations. (a)Water aoplications for Residential property shall state the number of single families supplied together with lot area to be irrigated.Residential consumers shall also state any water use other than by residential plumbing fixtures. Application forms from Commercial consumers shall list all water using fixtures,equipment or devices. (b)Applications shall be signed by the owner of the premises or his agent.It shall be unlawful if consumers other than those stated in the application have been added without notifi cation to the Water Department,and water service may be terminated by the Town if there are uses other than those stated in the application. Cc)If applicant requests a meter for residential use or if a meter is required for commercial use,or because of a waste of water,such meter shall be furnished by and be the property of the Town but paid for by the applicant.Meters shall be maintained by the Town excepting in the event of willful damage or neglect such as permitting,the meter to freeze.The cost of any repair required because of such damage or neglect shall be billed the consumer and collected in the same manner as bills for water service and added to bills for water service. Cd)Meter sizes shall be determined by the Water DelDartment based upon connected fixtures,equipment or devices. If at any time the addition of fixtures,equipment or devices is found to require a larger meter,the meter shall be changed and the consumer shall pay for the difference in cost ertailed on a new meter basis. Ce)Water supplied under metered rates shall not be submetered for resale. —9— 0 0 6.30-2 Sprinkler System Application Form.Before any separate connection shall be made for automatic sprinkler systems for fire protection (hereinafter called “sprinkler systems”)to the water distribution system of the Town of Estes Park,an application shall be made therefor containing detailed plans and specifications for the facilities to be installed and the location of same.Said application shall contain a written agreement with the Town that the applicant agrees to the following rules and regulations pertaining to such service. 6.30-3 Rules and Regulations Sprinkler Systems. (a)The installation of a sprinkler system shall fully meet the latest standards of the National Fire Protection Association relating to the installation of sprinkler systems. The installation shall also meet the approval of the Fire Depart ment and of the Water Department of the Town of Estes Park before final connection may be made. (b)The proposed sprinkler system shall be properly protected against freezing. (c)The separate connection made to the water dis tribution system of the Town shall include,in addition to the installation of a satisfactory shut-oft valve,two check valves installed in series on the downstream side of the gate valve to prevent any backflow into the Town’s distribution system.The Town may require the installation of a detector check valve by pass meter device as approved by the Town.Said device shall be installed as directed by the Town. Where any anti—freeze solution is to be used,a back— flow and hac1r-siphonage preventer device,as approved by the Town, shall be installed in lieu of the two check valves in the water connection.Anti—freeze solutions shall be made only of pure water and pure glycerin (C.P.or U.S.P.965 Grade)or propylene plycol.Other solutions are considered possible health hazards and their use is prohibited. -10- 0 (d)Anplicant shall nay all costs incurred in tapping the Town’s water main and in making the connection, all in accordance with these rules and regulations and under the supervision of the Water Department of the Town. fe)The sprinkler system installed shall be of the enclosed type so arranged that no water can be drawn off excep ting through a sprinkler head.Aoplicant agrees that nothing. shall be connected to the sprinkler system other than facilities required for fire prevention uses necessary for extinguishing fires and that no use of water shall be made for any other purposes whatsoever excepting for testing as hereinafter provided. (f)Any use of water through the connection for the sprinkler system for other than testing or for the extinguish nert of fires shall be cause for the Town disconnecting the sprinkler sistem from its water distribution system and applicant shall be liable for water diverted in accordance with the water rate sched ules of the Town with consumption and period of tine involved estimated by the Town. (g)Applicant shall notify the Town in advance of any tests to be made and the opportunity shall be afforded for the Town’s representatives to attend any such tests. (h)Excepting,in case of fire where an alarm has been received by the Town’s Fire Department or tests of which the Town has been notified in advance,applicant shall promptly notify the Town of any operation of the sprinkler system for any purposes whatsoever. (i)Any changes,including expansion of the sprinkler system as described in the original application,shall necessitate a new and revised application. (j)The Town of Estes Park assumes no responsibility or liability in connection with the operation of the sprinkler system and the Town in nowise warrants or ‘uarantees water pressure to actuate the system installed. -11- 0 (k)There shall be en annual charge of $2.OO paid in advance by applicant to the Town while the sprinkler system is connected to the Town’s distribution system.This charge is considered required to periodically inspect the facilities installed. (1)Where the term “applicant”is used in these Rules and Regulations,it is intended to designate the original applicant or his successors and assigns. Section 13.The provisions of this Ordinance shall be in effect on July 1,1971,and shall apply to all water consumers on and after that date. Section 14.Severability.If any provision of this Ordinance or the application thereof to any person or circum stances is held invalid,such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or apnlication,and to tbs end the provisions of this Ordinance are declared to be severable. Section 15.The Board of Trustees herewith finds, determines and designates that this ordinance is necessary for the immediate preservation of the public health and safety for providing for water service affects the public health and safety, and whereas,in the opinion of the Board of Trustees an ernerency exists,this ordinance shell take effect and be in force five () days after its final passage and publication. Nay or ATTEST -12-