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HomeMy WebLinkAboutORDINANCE 172-57C ORDINANCE NO./2 — AN ORDINANCE TO REGULATE THE USE OF WATER FROM THE WATER WORKS $YTEM OF THE TOWN OF ESTES PARK,ESTABLISH HULlS AND REGULATIONS G0vERN:ESG THE USE OF WATER,ESTABLISHING RATES THEREFOR,CREATING A WATER DEPARTMENT AND SUPERINTENDENT THEREOF,AND PRESCRIBING PENALTEES FOR THE VIOLATION OP SAID ORDINANCE AND REPEALING ORDINANCE NO.129 AND ORDINANCE NO.160 OF THE TOWN OF ESTES PARK,COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PAHI,STAT OF COLORADO: WATER DEPART1’LNT Section 1.Creation of Water Department. There s hereby created and established a Water Department of the Town of Estes Park for the purpose of the management,maintenance,care and operation of the water works of said Town. Section 2.Superintendent,Powers and Duties. There is hereby created the office of Superintendent of Water Works,and said Superintendent shall be appointed and his salary shall be fixed by the Board of Trustees of the Town of Estes Park,and said Superintendent shall hold office for such time as the Board of Trustees sees fit. The Superintendent of the Water orks shall have the immediate control and management of all things pertaining to the Town Water works system,and he shall perform all acts that may be necessary for the prudent,efficient and economical management and protection of said water works,subject to the approval and confirmation of the Board of Trustees.The Board of Trustees have the power by motion to prescribe such other and further rules and regulations governing the power and duties of the Superintendent and the managemer.t of said Water Works Departuent and such other rates,rules and regulations as are not herein contained. -1- ** Section 3.Receipts and Deposits. The Town Clerk shall keep a correct account of all receipts,rialce out all bills for water rents and materials furnished to consumers,collect the same and deposit the pro ceeds so collected with the Town Treasurer to the credit of the Water Works fund of said Town,and in accordance with the direction of the Board of Trustees of said Town. Section 4..Inspection. Whenever,in the judgement of the Superintendent,he deems it necessary,he may inspect the premises of any consumer for the purpose of examining the condition of all pipes,motors, meters and water fixtures.He shall be vigilant to protect and remedy all abuses whether from waste or other improper use of water. Section 5.Rules and Regulations Governing Water Rates and Privileges and Penalties Thereunder. Th.e following rules and regulations are hereby established for the management,control and protection of the Town Water Works. Said rules shall be considered a part of the contract with.every person taking water supplied by the Town frori its water works,and every person taking water shall be considered as having eressed consent to be bound thereby. RULr 1. Application for the use of water shall be made to the Water Superintendent at his office.The application must be made by the owner or agent of the property to be benefited,designating the location of the property and stating the purpose for which the water may be required. 0: RULE 2. Upon the application for a new tap and service connection by any consumer within the corporate limits of The Town of Estes Park the.Superintendent shall,before making such tap and connec tion,require parnient to the Town Olerk of the sum of Fifteen Dollars (ja5.OO),to cover the cost of the corporation cock, expansion joint,curb box and tapping saddle.All necessary pipe,fittings,valves,shut off,trenchin,back filling and installation of the tap must be at the expense of the applicant and under the supervision of the Water Superintendent.All water service connections and all water service extensions,both within and without the corporate limits,are subject to special fees as adopted by the Town Board.Tapping rust be done by a licensed plumber,and a standard corporation cock and expansion joint, furnished by the Town,must be used. RULE 3. It is required that each service tap shall not be more than five-eights (./6)inches in diameter unless special permission is given f or a bigger tap and all plumbing through which water is used shall be installed by a licensed plumber. RULE L. Should the oner or the occupant of the premises desire additional service or fixtures,or to apply the water for a purpose not stated at thc time of the original apolication,permission must be obtained therfor.When additional fixtures are added and not reported,same shall be charged at double rate f or such time as said fixtures are in use,in addition to a Five Dollar ($5.00) penalty for such violation to this rule,to be collected as other fines and penalties are collected. RULi 5. Owners or consumers desiring to discontinue the use of water for any special purpose,whether for closets,bath tubs or other fixture 3,must have faucets removed,supply pipes to fixtures disconnected,and must file written mtice with the $uoerintendent before a reduction in rates for the next succeedin. period will be made. RUL 6. Should it be desired to discontinue the use of water, written notice taereof shall be filed with the Superintendent and all arrearages paid. RUT1E 7. Water :ates must be paid annually in advance at the office of the Town Clerk on the first day of4 July of every year.If not paid on the 20th of the month,they become delinciuent,and if not paid on or before the last day of the month,the water may be turned off.Should the occupant of t promises 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 (lO.0O)to the owners of the premises made for the expense of turning it off and on,to be collected as other rates are collected. RULE 8. Two or nore premises cannot be supplied from one and the same connection unless provided with separate sh:ut-off cocks, located at the public street right of way line. RULE 9. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without the permission 0 of the Superintendent.Water service to a portion of developed property shall not be oerriittcd.Service must include all improvements on the property with no cross connections with any other water supply. RULE 10. Service pires must be laid at least four feet below the surface of the rround. RULE 11. The Town shall not be responsible for the service pipes and fixtures.All owners at their own expense,must keep service pipes from the Town main and all their arparatus in good working order and properly protected from frost and other disturbances. No claim shall bc made against the Town on account of the breakine of service pipes or apparatus or for failure in the stply of water.No reduction in the regular rates will be made for any time that service pipes or fixtures may be frozen. RULE 12. Consumers shall not use hose larger than three-fourths (3/Lj)of an inch in diameter and sprinkling without nozzle or from a nozzle larger than three-sixteenths (3/16)inch opening is strictly forbidden,and any person who violates this rule is subject to having the right to sprinkle revoked for the balance of the season. RULE 13. Customers 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 openings must not be left running for any purpose other than the use for which they were -- C4.fl intended,and for any unnecessary waste of water the Town reserves the right to cut off supply and assess a penalty of Five Dollars (5.OO)which shall be paid before the water is turned on again. RULi iLk. During all alarms of fire the use of hose and all outlets where a constant flow of water is maintained is positively I orhidc.en. RUIL l. Any service may be metered,when in the judgment of the Board of Trustees the same is necessary or beneficial. RD 16. 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 privihges.When the water has been turned off for violation of the Rules,the water department will withhold it until all dues and penalties have been paid,including the further sum of fifty cents for turning the water off. PULF 17. In case there shall be any water rent delinauont and the supply has been turned off,the water shall not be turned on again until all such delinquent water rents have been paid. -6- 0 RULE 18. The Town reserves the right,upon reasonable notice, to shut off its mains for the purpose of making repairs,or extensions, or any other purpose,and no claim shall be made against the Town by reason of the breakage of any service pipe or service cock or from any other damage that may result from shutting off water for repairing and re:Laying mains hydrants or other connections. RULE 19. No deductions will be made from the rates on account of any of the fixtures not being used.If they are not in use and not wanted,the owner should have a plumber disconnect them and serve written notice on the Superintendent,and the charge for their use will cease. RULE 20. The Town Board,by resolution,may,in case of water shortage or scarcity,make such restriction of sprinkling and irrigating use of water as may be prescribed by such resolution, and for such period of time as the resolution may set forth. Use of water outside the corporate limits of the Town shall be subject to the paramount rights of users within the corporate limits,,and in case there shall be insufficient water to provide for users both within and without the corporate limits of the Town,the Town Board may reduce,curtail or shut off the ‘users outside the corporate limits during such period of water shortage or scarcity. RULE 21. Whoever shall by himself or by any other person acting under authority,use or take water from any part of the water works aforesaid without;a license or permit,or without authority from —7— said water department,open or hitch to,take out,curb over or remove any fire plun or hydrant,stop cock valve,valve box or other fixture pertaining to said water works,or shall let on or shut off water in or from any water pipe and/or wherever situated,shall,on conviction therefor,be fined not less than Five Dollars (;;5.oo)and not more than Fifty Lollars ($50.00). RULE 22. All water rates shall be charged against the property on which it is furnished and against the owner thereof,and if from any cause any sums owing therefor become delina:uent,the water shall be cut off and in no case shall it be turned on to the sane property until such delinquencies shall have been paid in full.Ch.ane of ownership or occupation shall not affect the application of this section.This rule shall be deemed to include water users within or outside the corporate limits of the Town. RULE 23. All accounts for water shall be kept in the name of the owner of the property and not in the name of any tenant,and the owner only,or his legally authorized agent,shall be held responsible for water rents;provided that persons holding under a lease may be supplied on their own account where it is impractable to keep the account in the name of the owner,and in such case the Town may require a deposit,of at least one annual estimated water rental,which.deposit may be forfeited to the Town at any time when the water rcntal becomes delinquent and a new deposit required before further service is rendered. RUL 21. The Superintendent or other officers of the Town shall be permitted at all times to enter the premises or buildings of consumers to examine the water pipes and fixtures and the mauner -8- © in which the water is used,and in case of fraudulent represen tation on the part of the consumer or wilful or unreasonable waste of water,said consumer shall forfeit any payment made and the Water Department may cause the water to be turned off and assess the damages to the premises. RULE 25. The Superintendent of the Water Works shall have power,subject to approval by the Board of Trustees,to make and enforce such other rules and regulations governing service,tap connections,plumbing requirements and regulations as are not herein provided.It is specifically provided that all plumbing and plumbing fixtures,wberever used,shall be of standard make and construction,and shall be installed in the first instance by a licensed plurnber and any plumber altering,changing or adding to any plumbing,shall immediately report the same to the Water Superintendent,and his failure so to do shall subject him to revocation of his license and a fine not to exceed Twenty-five Dollars (:.25.OQ). RULE 26. In each and every violation of the rules and regulations established by this Ordinance,the offending party shall be subject to a fine of not less than Five Dollars (;5.oQ)nor more than Fifty Dollars (5O.OO),unless otherwise provided herein. SOIiFDULL OF WATER RAThS Section 6.All rates and charges for water use shall be on an annual basis,for the period from July 1st of each year to June 30th of the following year,and there shall be no reduction in rates or charges or any rebates thereof 1’or use for less than the annual period. -9- 0 (a)TEte following enflUal water rates shall be payable annually in advance by water consumers for water used within the corporate limits of the Town of i2stes Park: BASE RATES Residence,apartment,cottage or domestic unit Commercial establishment or place of business not itemized below Restaurants,per chair or counter stool,based on maximum seating caracity Hotels,total units,per unit Laundry,commercial Laundry,self-service,per machine Barber shop Beauty shop Photograph developing Garage or filling station,public Livery,commercial School,public,per student enrolled Drive inn restaurant ADDITIONAL RATES •• •.15.00 •.2.00 •.8.00 180.00 •.8.00 •.20.00 •.20.00 •.20.00 ••20.00 20.00 •..50 •.30.00 In addition to the above base rates,water consumers, except hotels,shall pay the following annual rates: For each bath tub or shower,private For each water closet or toilet,private . For each sink,domestic For each bath tub or shower,public For each water closet or toilet,oublic.. For each urinal For each sink,commercial. For each automobile wash raclr .. For each soda fountain or bar • •)J.00 LL.O0 8.00 6.00 8.00 •Lc.00 •25.00 •20.00 No water shall be used for a swimming pool,wading pool or other similar purpose except by special contract with the Town of Estes Park,which contract shall specify the charges for such water use. (b)The following annual water rates shall be payable annually in advance by water consumers for water used outside of th.e corporate limits of the Town of Estes Park: BASE RATZS Residence,apartment,cottage or domestic unit ••i6.00 Commercial establishment or place of business not itemized below 22.50 Restaurants,per chair or counter stool,based on maximum seating capacity 3.00 Hotels,total units,per unit 12.00 -10- Laundry,commercial Laundry,self-service,per machine Barber shop. Beauty shop Photograph developing Garage or filling station,public. Livery,commercial School,public,per student enrolled Drive inn restaurant ADDITIONAL RAT1]S In addition to the above base rates except hotels,shall pay the following annual For each bath tub or shower,private For each water closet or toilet,private For each sink,domestic . For each bah tub or shower,public. For each water closet or toilet,public. For esch urinal For each sink,commercial For each automobile wash rack For each soda fountain or bar. No water shall be used for a swixwiiin’.pool,wading pool or other similar purpose except by special contract with the Town of Estes Park,which contract shall specify the charges for such water use. Section 7.The schedule of rates set forth in Section 6 of this ordinance shall become effective as of ________________ li,and the rates as specified in Section 1 of Ordinance No.160 shall remain in force and effect to and including the 3c day of _____, l95. PLNA LT i:S $e c tion 8.Unlawful taking of water. Any person or persons who shall take or use water from the water works in excess of or for a different purpose or purposes than is provided for in the customer’s pennit,or who takes and uses water without a permit,upon conviction thereof shall be subject to a £ine of not less than Five Dollars (5.oo)or more than One Hundred Dollars (5100.00),and for failure to pay such •..27O.OO ••..12.00 •...30.00 •..30.00 •...30.00 30.00 •..30.00 •....75 L5.oo ,water consumers, rates: 6.00 6.00 •6.00 •12.00 •12.00 •12.00 6.00 •37.50 30.00 -11- fine and costs,may be imprisoned from not less than one day or more than ninety (90)days. Any person convicted of violating any part of this ordinance or any of the rules and regul2tions prescribed herein shall, upon conviction,be fined in any sum not to exceed One Hundred J)ollars ()io0.oo and costs,and for failure to pay such fine and costs may be imprisoned not to exceed ninety (90)days. Section 9.This Ordinance shall become effective on the ___ day of __________, l9. Section 10.Cr5inncc No.129,passed and adopted March 26,1951,and Ordinance No.160,passed and adopted May 1, 1956,are hereby repealed as of the O day of __________ l95. Introduced,read,passed and adopted this /2—day A __ ATT3T: Published __________________ -12-