HomeMy WebLinkAboutMINUTES Water Committee 1973-06-04RECORD OF PROCEEDINGS
Water Committee Meeting
June 4,1973
Committee:
Attending:
Chairman Prosser;Trustees Dannels and Sutter
Chairman Prosser;Trustees Dannels and Sutter
Also Attending:Town Administrator Hill,Superintendent
Business Office Manager Duncan
McCracken,
RURAL WATER APPLICATIONS:
Leo Clayton:
National Park Service:
HIGH DRIVE ASSOCIATION REQUEST:
One rural residence located on Lots
13 and 16,Block 8,Ferguson Sub
division.The Committee recommends
approval subject to disconnection
from present water supply.
One rural residence called the Gladys
Sprunk house to be connected to the
Tinsley house service line without
tapping the main.The Committee
recommends approval on a temporary
basis for two years following connec
tion.Permission to connect will
expire in 1975.
Andy Anderson appeared before the Committee to present preliminary cost
estimates received from DMJM-PhillipsReister for the proposed High
Drive water system which will supply water for appxoimately 125 users.
Mr.Anderson asked the Committee for an indication of approval for the
proposed system.The Committee recommends allowing the High Drive
Association to proceed with plans for water even though a pumping rate
has not been specified to date.Individual applications will be re
quired from each user for Committee approval.
ORDINANCE NO.14-73,TAPPING CHARGE:
Town Administrator Hill presented several letters received from customers
objecting to the increase of tapping charges.The Committee was advised
that approximately fifty water applicants are affected by the change.
An opinion from Town Attorney Rartwell concerning the ordinance was
presented for consideration.The opinion is attached and made a part of
these proceedings.The Committee recommends that fees prevail as per the
ordinance in effect.
There being no further business,the meeting adjourned.
APPROVED
JUN11 1973
,TUN UF ESTES PV
BOARD OF TiUSiES
‘
Duncan,ce Manager
Co
HART WELL and BABCOCK
ATTORNtYS AT LAW
Phone 667-3126
V
211 E.7th Street P.O.Box 5
Loveland,Colorado 80537
June 4,1973
Ernest 0.Hariwell
Colton W.Babcock,Jr
Mr.Dale G.Hill
Town Administrator
P.0.Box 1200
Estes Park,Colorado
Dear Mr.Hill:
I am writing in reply to your telephone request for my
opinion as to whether or not water taps which have been applied
for and approved by the Town Board prior to the effective date
of the latest amendment to Section 13.32.010 of the Municipal
Code can lie issued for the fee prevailing at the time of theapplicationandapprovalinsteadofthefeeestablishedbyOrdinanceNo.14-73.
You are advised that it is my opinion the Town must chargethetappingchargeprevailingatthetimeapplicationandpaymentthereforistenderedtotheTown.The Town has no authoritytoissueawatertappermitwithoutpaymentofthefeeprevailingatthetimeaforesaidIftheTownshoulddesire
to permit the payment of tapping charges that existed at thetimetheapplicationforawatertapwasapproved,the TownwouldhavetoamendtheCodetosoprovide.
The latter procedure should not be applied to an individualcasebutmustapplytoallapplicationsthatexisted onadatecertain,for the Town cannot legislate for matters pertainingtoparticularindividualsbutmustmakeitslegislationapplytoallpersonsthatfallwithintheparticularclass.SuchaprocedurewouldalsobecontrarytothepriorpoliciesoftheTowninregardtosuchwatertapsasevidencedbytheprovisionsofSection13.32.010 where provision was made for terminationoftapsthathadbeenpreviouslyapprovedandpaidforprior tosubsequentamendmentstotheCoderelativetotapcharges.
If you have further questions concerning this matter,
please advise me.
er ruly yours,
Ernest G.Hartwel
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