TC Ord. No. 1996-21 Enacting rules and regulations realting to the Town's Water Supply System1
ORDINANCE NO. 96 -21
AN ORDINANCE ENACTING RULES AND REGULATIONS
RELATING TO THE TOWN'S WATER SUPPLY SYSTEM
AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, AS FOLLOWS:
Section 1. The Municipal Code of the Town of Avon is
amended by the addition of a Title 13, "Public Services," as
follows:
Title 13
WATER RULES AND REGULATIONS
Chapter 13.01
GENERAL
1.1 Authority 1 ...... ............................... 1
1.2 Purpose .......... ............................... 1
1.3 Policy ........... ............................... 1
1.4 Scope ............ ............................... 1
1.5 Intent of Rules and Regulations ................. 1
1.6 Amendment ........ ............................... 1
Chapter 13.02
DEFINITIONS
2.1
Accommodation Unit ..............................
2
2.2
Applicant ........ ...............................
2
2.3
Council ............ ..............................2
2.4
Commercial and /or Industrial Units ..............
2
2.5
Common Space ..... ...............................
2
2.6
Constructor ...... ...............................
2
2.7
Contractor ....... ...............:...............
2
2.8
Customer ......... ...............................
2
2.9
Town.... o ...................................
3.
2.10
Town Engineer ...............................
3
2.11
Dwelling Unit .... ...............................
3
2.12
Efficiency or Studio Unit.......................
3
2.13
Equivalent Dwelling Unit...... ..................
3
2.14
Inspector ........ ...............................
3
2.15
Town
Manager
.......... ...............................
3
2.16
Permit ... . ......... .........................,....
3
2.17
Person ........... ...............................
3
2.18 Rules and Regulations ........................... 3
2.19 Service Line ..... ............................... 3
2.20 Shall or May ..... ............................... 4
2.21 Stub- Out .......... ............................... 4
2.22 Tap or Connection ............................... 4
2.23 Tap .............. ............................... 4
2.24 Water Main ....... ............................... 4
2.25 Water System ..... ............................... 4
2.26 Any Other Term ... ............................... 4
Chapter 13.03
OWNERSHIP AND OPERATION OF FACILITIES
3.1 Responsibilities of Town...... .............. 5
3.2 Liability of Town ........................... 5
3.3 Rights and Authority ............................ 5
3.4 Ownership of Facilities ........................1 5
3.4.1 Ownership of Water Facilities ................... 5
3..4.2 Ownership of Water Meters ....................... 6
3.5 Inspection Powers and Authority of
Town Agents .. ............................... 6
3.6 Modification, Waiver and Suspension of Rules.... 6
Chapter 13.04
USE OF WATER SYSTEM
4.1
Unauthorized Tampering with Systems .............
7
4.1.1
Unauthorized Use . ...............................
7
4.1.2
Malicious Damage to System ......................
7
4.1.3
Violators Prosecuted ............................
7
4.1.4
Violators Fined . ...............................
7
4.2
Use of Water System .............................
7
4.2.1
Notice of Changes and Repairs of Leaks..........
7
4.2.2
Cross Connection Control ........................
8
4.2.3
No Stop and Waste Type Valve ....................
8
4.2.4
Safety Devices ..................................
8
4.2.5
Water Meters Required ...........................
8
4.2.6
Water Savings Devices ...........................
9
4.2.7
A Pressure Reducing Valve .......................
9
4.2.8
Fire Hydrants .... ...............................
9
4.2.9
Clearances Around Hydrants., ............... ......
9
4.2.10
Fire Hydrant Meter Policy .......................
9
4.3
Resolution 94 -7 Water Restrictions
Resolution 95 -4
Resolution 95 -5
Chapter 13.05
APPLICATION FOR SERVICE
5.1 Service Outside Town ....................... 10
. * (,
r�
5.2
Compliance with Rules and Regulations..........
Application for Service ........................
10
Inspection of Tapping ,Charges ..................
5.2.1
Fire Sprinkler System ..........................
11
15
5.2.2
Taps Prohibited in Winter .......................
11
5.2.3
Additional Tap Information Required............
11
MAIN LINE EXTENSIONS
5.2.4
Reassessment of Tap Fees .......................
11
5.3
7.2
Denial of Application ..........................
11
5.4
Procedure for Main Line Extension by
Cancellation of Application ....................
it
5.5
17
Moved or Destroyed Buildings ...................
12
17
5.5.1
Abandoned Service Line .........................
12
5.6 Change in Customer's Equipment, Service or
Use of Property . ............................... 12
5.6.1 Unauthorized Connection Fee .................... 12
5.6.2 Inspection Required ............................ 12
5.6.3 Redetermination of Tap Fees .................... 13
5.7 Unauthorized Connections and Fees .............. 13
5.8 Revocation of Service .......................... 13
5.9 Revocation of Tap Rights ....................... 14
5.10 Turn -ons /Turn- offs'of Service .................. 14
Chapter 13.06
CONSTRUCTION OF SERVICE LINES
6.1
Compliance with Rules and Regulations..........
15
6.2
Inspection of Tapping ,Charges ..................
15
6.3
Separate Service Lines Required ................
15
6.4
Construction and Connection ....................
15
Chapter 13.07
MAIN LINE EXTENSIONS
7.1
Compliance with Rules and Regulations..........
17
7.2
Main Line Extensions by the Town....
17
7.3
Procedure for Main Line Extension by
theTown............ ..........................
17
7.3.1
Performance Bonds and One Year Warranty........
17
7.4
Procedure for Main Line Extension by Developers
18
7.4.1
Application for Approval .......................
18
7.4.2
Deposits with the Town ..... . ...................
18
7.4.3
Performance and Payment Bonds ..................
18
7.4.4
Special Structures Designed by Town
Engineer........ ...............................
18
7.4.5
Oversizing of Main Lines .......................
19
.7.4.6
Documentation Required .........................
19
7.4.7
Contract Required ..............................
19
7.5
Cost Recovery. ... o ..... o ...... ................
19
7.5.1
Cost Recovery Agreement ..................0.....
19
7.5.2
Limitation on Payments - Direct Construction
Cost ............ ...............................
19
7.5.3
Limitation of Payments - 50% of Tap Fees.......
19
7.5.4 Payments Made at Discretion of Torn.............
7.5.5 Phased Construction ............................
7.5.6 Executed Agreement Required.; ..................
7.5.7 Eligible Costs .. ...............................
7.5.8 Ineligible Costs ...............................
7.6 Main Line Sizes . ...............................
7.7 Location of Main Line Extensions ...............
Chapter 13.08
RATES AND CHARGES
20
20
20
20
20
20
21
8.1
General ........................................
22
8.2
Application of this Article ....................
22
8:3
Classification of Customers ....................
22
8.3.1
Residential Unit ...............................
22
8.3.2
Hotel, Lodge, Motel, Accommodation Unit........
22
8.3.3
Commercial, Industrial Service .................
22
8.4
Tap Fee ......... ...............................
22
8.4.1
Prepaid Tap Fees ...............................
22
8.4.2
Factors and Usage ..............................
23
8.4.3
Disputed Tap Application - Hearing Before
the Council ........ .............................23
8.5
Transfer of Tap Fees ............................
23
8.6
Service Charge .. ...............................
24
8.7
Amended Tap Fees ...............................
24
8.8
Amended Service Charges .........................
24
8.9
Payment of Service Charges.. ...................
24
8.10
Resolution 44 -4 Penalty for Late Payment........
24
8.11
Foreclosure Proceedings /Attorneys' Fees........
25
APPENDIXES
A.
Water Rate Schedule /Tap Fee Schedule: Change by
Budget
(Per Resolution 93 -4 and Resolution 94 -13)
B. Service Line Construction 11.25 to 12.75 1/95
V
Chapter 13.4 1
GENERAL
1.1 AUTHORITY
The Town of Avon is a home rule municipality with those powers
necessary for carrying out the objectives and purposes of the
Town with respect to the provision of water services.
1.2 PURPOSE
The Purpose of this body of Rules and Regulations is to ensure an
orderly and uniform administration of water operations of the
Town.
1.3 POLICY
The Town Council of the Town hereby declares that the Rules and
Regulations hereinafter set forth will serve a public use and are
necessary to promote the health, safety, prosperity, security,
and general welfare of the inhabitants of the Town.
1.4 SCOPE
These Rules and Regulations shall be treated and considered as
new and comprehensive regulations governing the operations and
functions of the Town, and shall supersede all prior rules and
regulations-of the Town and of the Avon Metropolitan District.
1.5 INTENT OF RULES AND REGULATIONS
It is intended that these Rules and Regulations shall be
liberally construed to effect the general purposes set forth
herein, and that each and every part thereof is separate and
distinct from all other parts. No omission or additional
material set forth in these Rules and Regulation shall be
construed as an alteration, waiver or deviation from any grant
of power, duty or responsibility, or limitation or restriction,
imposed or conferred upon the Town Council by virtue of the Town
Charter or statutes now existing or subsequently amended, or
under any contract or agreement existing between the Town and any
other governmental entity. Nothing contained herein shall be so
construed as to prejudice or affect the right of the Town to
secure the full benefit and protection of any law which is now
enacted or may subsequently be enacted by the Colorado General
Assembly.
1.6 AMENDMENT
It is specifically acknowledged that the Town shall retain the
power to amend the Rules and Regulations, with respect to the
Town, to reflect those changes determined to be'necessary by the
Town Council. Prior notice of these amendments shall not be
required to be provided by the Town exercising its amendment
powers pursuant to this,Section.
Chapter 13.02
DEFINITIONS
Unless the context specifically indicates otherwise, the meaning
of the terms used herein shall be as follows:
2.1 ACCOMMODATION UNIT
"Accommodation Unit "' or "Hotel Room" is one habitable room and
without cooking facilities.
2.2 APPLICANT
"Applicant" means arty person who applies to the Town for a
service connection or service disconnection, main line extension
or other such service agreement, or who attempts to have real
property annexed to the Town, as the case may be.
2.3 COUNCIL
"Council" and "Town Council" mean the Town Council of the Town of
Avon.
2.4 COMMERCIAL AND /OR INDUSTRIAL UNIT
"Commercial and /or Industrial Unit" is any structure that engages
in commerce, manufacturing, marketing, and /or sale of services of
Any kind.
2.5 COMMON SPACE
"Common Space ", as it applies to multi -unit facilities, includes
areas which have insignificant water consumption and are
accessible and available to all residents and guests of the
dwelling units, including but not limited to, hallways, lobbies,
atriums.
2.6 CONSTRUCTOR
"Constructor" means the landowner, developer, subdivider or
agency actually paying for the construction of the lines.
2.7 CONTRACTOR
"Contractor" means any person, firm or corporation authorized by
the Town to perform work and to furnish materials within the
Town.
2.8 CUSTOMER
"Customer" means any entity authorized to connect to and use the
Town's water system under a permit issued by the Town.
2.9 'TOWN
"Town " means the: Town of Avon, Colorado.
2.10 TOWN ENGINEER
"Town Engineer" means that person or firm that has been
authorized by the Town to perform engineering services for the
Town.
2.11 DWELLING UNIT
"Dwelling Unit" means one_or more habitable rooms arranged,
occupied, or intended or designed to be occupied by not more
than one family with facilities for living, cooking, sleeping and
eating.
2.12*.EFFICIENCY OR STUDIO UNIT
"Efficiency" or "Studio Unit" is a dwelling unit having one room
and one bathroom.
2.13 EQUIVALENT DWELLING UNIT
"Equivalent Dwelling Unit" or "Single Family Equivalent Dwelling
Unit" means a use which is estimated to have an impact upon the
water system equal to that of the average usage of the Dwelling,
Unit.
2.14 INSPECTOR
"Inspector " means that person who, under the direction of Field
Super -visor or Town Manager, shall inspect all water connections,
excavations, installations of and repairs to the water system and
facilities of the Town to ensure compliance with the Rules and
Regulations.
2.15 TOWN MANAGER
"Town Manager of the Town means the Town Manager of the Town as
defined in the Town Charter of the Town.
2.16 PERMIT
"Permit" means the written permission to connect to or enlarge
the use for the water system of the Town pursuant to the Rules
and Regulations of the Town.
2.17 PERSON
"Person" means any entity of any nature, whether public or
private.
2.18 RULES AND REGULATIONS
"Rules and Regulations" means the Rules and Regulations of the
Town, including all amendments and policies as set forth in the
Town minutes, resolutions and ordinances.
2.19 SERVICE LINE
"Service Line" means any privately owned and maintained pipe,
line or conduit used or to be used to provide water service from
water main to a building, whether the pipe, line or conduit is
connected or not.
2.20 SHALL OR MAY
Whenever "shall" is used herein, it shall be construed as a
mandatory direction. Whenever "may" is used herein, it shall be
construed as a permissible, but not mandatory direction.
2.21 STUB -OUT
"Stub -out" shall mean any connection to,a main line which extends
from the main line and which is intended to facilitate service
line connection to the water system, either directly to the main
line or indirectly through a private main. A stub -out may extend
to, but not through, the foundation, or exterior- walls, or floor
of any structure intended to be served. Any extension through
the foundation or exterior wall shall be considered a tap,
whether connected or not.
2.22 TAP OR CONNECTION
"Tap" or "'Connection" means the connecting.of the service line to
the water system, either directly to a main line, or stub out
from the main line, or indirectly through a private main line,
which service line extends beyond the easement line or property
line into the structure intended to be served, whether or not
actually connected to the structure's water system.
2.23 TAP FEE
"Tap Fee" means the payment to the Town of a fee for the
privilege of connecting a particular use of the water system.
2.24 WATER MAIN
"Water Main" means any pipe, piping, or system of piping used as
a conduit for water in the Town's water system and owned by the
Town. Unless otherHrise provided by the Council, a water main
shall be six inches (611) or more in diameter.
2.25 WATER SYSTEM
"Water System" means, any water main line, appurtenances,
accessories or portion thereof owned and maintained by the Town.
2.26 ANY OTHER TERM
Any other term not herein defined shall be defined as presented
in the "Glossary - Water and Sewage Control Engineering ",
A.P,H.A., A.W.W.A., A.S.C.E. and F.M.S.A., latest editions.
Chapter 13.03
OWNERRSHIP AND OPERATION OF FACILITIES
3.1 RESPONSIBILITIES OF TOWN
Except as otherwise provided by these Rules and Regulations, the
Town is responsible for the operation and maintenance of the
water system, which operation and maintenance shall be carried
out in a sound and economical manner, in accordance with these
Rules and Regulations. it shall not be liable or responsible for
inadequate treatment or interruption of service brought about by
circumstances beyond its control.
3.2 LIABILITY OF TOWN
It is expressly stipulated that no claim for damage shall be
made against the Town by reason of the following: Breakage of
mainlines;,interruption of water service and the conditions
resulting therefrom.; breaking of any service or distribution
line, pipe, cock, or meter; failure of the water supply; shutting
off or turning on water; making of connections or extensions;
damage caused by water running or escaping from open or defective
faucets; burst service lines or other facilities not owned by the
Town; damage to water heaters, boilers, or other appliances
resulting from shutting water off or for turning it on, or from
inadequate, excessive or sporadic pressures; or for doing
anything to,the systems of the Town deemed,necessary by the Town
Council or its agents.
3.3 RIGHTS AND AUTHORITY
The Town shall have no responsibility for notification to
customers of any of the foregoing conditions. The Town reserves
the right to discontinue, temporarily, service to any property,
at any time, for any reason deemed necessary or appropriate.
The Town shall have the right to revoke service to any property
for violations of these Rules and Regulations in accordance with
the procedures set forth in these Rules and Regulations.
3.4 OWNERSHIP OF FACILITIES
All existing,and future main lines and treatment works connected
with and forming an integral part of the water system shall
become and are the property of the Town, unless any contract with
owner or customer provides otherwise. Said ownership will remain
valid whether the main lines and treatment works are constructed,
financed, paid for, or otherwise acquired by the Town, or by
other persons.
3,4.1 OWNNERSHIP OF WATER FACILITIES. For water, the Town
owns and is responsible -for the maintenance of the water service
line, up to and including the curb stop valve or the customer's
property line, whichever is closer to the water main. The
customer is responsible for the maintenance of the remaining
portion of the service line serving his property.
3.4.2 OWNERSHIP OF WATER METERS. Notwithstanding the above,
all water meters and shut -off valves shall become and are the
property of the Town. Said ownership shall remain valid whether
the meters and /or shut -off valves are installed, financed, paid
for, repaired or maintained by another person or whether the
meters and /or shut -off valves are located on a privately owned
and maintained service line. ownership of meters and valves is
all inclusive of the components of ownership on the discharge
side of the curb stop (or property line) referenced in 3.4.1
above. Remote readers and wiring connected to the meter are the
property, and full responsibility, of the customer.
3.5 INSPECTION POWERS AND AUTHORITY OF TOWN AGENTS
Authorized employees of the Town, bearing proper credentials and
identification, shall be permitted to enter upon all properties
at all reasonable times for the purpose of inspection,
observation, measurement, sampling, and testing, in accordance
with the provisions of these Rules and Regulations. Failure to
permit such inspections, observations, measurements, samplings
and /or testings upon the request, in writing, of the Town Manager
may result in a finding that permission is being denied to avoid
discovery of a violation which may.result in the disconnection of
service to the property of the party failing to permit such
activity.
3.6 MODIFICATION, WAIVER AND SUSPENSION OF RULES
The Council or the Town Manager, acting on instructions of the
Council, shall have the sole authority to waive, suspend, or
modify these Rules and Regulations, and any such waiver,
suspension or modification must be in writing, signed by the
Council or the Town Manager. Such waiver shall not be deemed an
amendment of the Rules and Regulations. No waiver will be deemed
a continuing waiver.
Chapter 13.04
USE OF WATER SYSTEM
4.1 UNAUTHORIZED TAMPERING 'KITH SYSTEMS
4.1.1 UNAUTHORIZED USE. No unauthorized person shall
uncover, use, alter, disturb, or make any connection with the
water system without first obtaining a written'permit from the
Town. Unauthorized uses of or tampering with the Town's systems
include, but are not limited to, change in customer's equipment,
service or use of property, as defined in 5.7, an unauthorized
turn -on or turn -.off of water.service, burying valve boxes, and
modifying any water meter even though the same may be performed
on a privately owned and maintained service line.
4.1.2 MALICIOUS DAMAGE TO SYSTEM. No person shall
maliciously, willfully, or negligently, break, damage, destroy,
cover, uncover deface or tamper with any portion of the Town's
system.
4.1.3 VIOLATORS! PROSECUTED. Any person who shall violate the
provisions of this Section 4.1 shall be deemed guilty of a
violation of this ordinance.
4.1.4 VIOLATORS FINED. Any person violating any-of the
provisions of these-Rules-and Regulations- shall;-upon conviction,
be - subject to a fine not to exceed the amount of $1,,000.00 or to
imprisonment in-the county jail for not to exceed 90 days or to
both -such -fine and imprisonment. Such fine and costs shall also
constitute a perpetual lien upon the violator's property, or upon
the property concerning which the violator was providing services
at the time of the violation in question, whichever the Town
Manager deems. appropriate. See Article 5.8 regarding
unauthorized connections.
4.2 USE OF WATER SYSTEM
4.2.1 NOTICE OF CHANGES AND REPAIRS OF LEAKS. The customer
shall notify the Town prior to any expansion or addition to the
service or use of the property served by the Town and upon any
change of ownership of said property. Each customer shall be
responsible for all costs associated with the construction and
maintenance of that length of the service line to---the-curb stop
or-property iine,_wnicnever is closer t
shall be constructed in accordance with
Regulations.
Leaks or breaks in the service line sha
seventy -two (72) hours of obtaining kno
time of not
in. S
es and
be repaired within
dge_of a leak or _from
by the Town. If
satisfactory progress toward repairing said leak has not been
completed within the same time period, the Town Manager shall
shut off the service until the leaks or breaks have been
repaired; in addition, the Town shall have the right to effect
the repair, and the costs therefore shall constitute a lien on
and against the property of such customer, securing payment of
such cost.
4.2.2 CROSS CONNECTION CONTROL. Each customer is responsible
for complying with the Colorado Department of health's Cross
Connection Control Manual with the additional requirement that
all "wet type" fire protection systems must utilize a "reduced
pressure" type back -flow preventor valve.
4.2.3 NO STOP AND WASTE TYPE VALVE is permitted in
conjunction with a customer's service line. When closed, this
type valve permits groundwater contamination of the service line.
It is the responsibility of the customer to bury the service line
with sufficient colorer to prevent it from freezing.
4.2.4 SAFETY DEVICES. Each person having boilers and /or
other appliances on his premises, depending on pressure or water
in pipes, or on a continual supply of water, shall provide, at
his own expense, suitable safety devices to protect himself and
his property against a stoppage of water supply or loss of
'pressure. The Town expressly disclaims any liability or
responsibility for any damage resulting from a customer's failure
to provide such appropriate protection.
4.2.5 WATER METERS REQUIRED. No connection shall be made to
the Town's system without a water meter having been installed to
serve the subject unit. All water meters shall have devices for
remote reading. The remote reading device installation, repair
and /or replacement is the responsibility of the customer. The
type of water meter and remote reading device and their location
of the meter shall be subject to the approval of the Town. The
Town shall install the initial meter and shall have the right to
test, remove, repair or replace any and all water meters. It
shall be the duty of each customer to notify the Town if his
water meter is operating defectively. If any meter is suspected
to be defective, the Town shall diligently pursue repair or
replacement of said meter at the Town's expense.
If a remote reader or connecting wire is suspected of being
defective, the customer shall diligently pursue repair or
replacement of this equipment at the customer's expense, and in
accordance with the policy below.
Notwithstanding the customer's responsibility to notify the Town
of suspected defects, the Town shall have authority to initiate
any investigative action to determine defects and /or make
repairs.
During the interim period prior to repair,,the following policy
shall be enforced: The customer shall be given notice, by
first -class mail, that the Town suspects that the water meter is
defective. The customer shall be given thirty (30) days in which
to respond, which response shall include scheduling with the Town
an appointment for a meter inspection and replacement. If the
customer fails to respond, the customer will be placed on the
unmetered rate, effective with the following billing cycle. (See
APPENDIX A for unmeitered rate.)
The customer shall be given a second notice, by first -class avail,
that the Town suspects that the water meter is defective. The
customer shall be given thirty (30) days in which to respond, to
the second notice, which response shall include scheduling an
appointment for a meter inspection and replacement. If the
customer fails to respond to the second notice, the Town may
disconnect the water service and charge the customer the base
water rate while the service is disconnected. (See APPENDIX "All
for base rate.) A fee will be assessed in accordance with Section
5.11 to return water Service to the customer.
4.2.6 WATER SAVING DEVICES. All new connections are required
to install water saving devices as follows:
1. All toilets shall have a maximum flush of 3.5 gallons.
2. All showers shall have a shower restrictor device installed,
which shall have a measured flow, at 60 pounds per square inch,
of not greater that 3.20 gallons per minute.
4.2.7 A PRESSURE REDUCING VALVE ( "PRV ") shall be installed in
all service lines immediately before the water meter, ensuring
that the water meter and the building plumbing system are
protected from fluctuating water main delivery pressures. The
pressure setting of the PRV shall not exceed 100_pSI without
written per- mission from the Town.
4.2.8 FIRE HYDRANTS. It shall be unlawful for any person to
operate Town valves or fire hydrants without prior authorization
by the Town; any law enforcement officer, personnel of the Town
or of a fire department is hereby authorized to confiscate any
hydrant wrench or valve shut -off key found to be used without
Town authorization.
4.2.9 CLEARANCES AROUND HYDRANTS. Minimum clearances must be
maintained around fire hydrants to facilitate their use. It
shall be the responsibility of property owners to maintain a
seven foot (71) clearance on either side, four foot (4')
clearance on back, and a ten foot (10') clearance in front of
fire hydrants.
4.2.10 FIRE HYDRANT METER POLICY. Fire Hydrant meters are
allowed to be used between April 15 and October 15, provided
freezing at night is not occurring. The customer is responsible
for any damage to fire hydrants or fire hydrant meters, which
includes vandalism or freezing.
Fire hydrant water shall not be used for
anytime. If the water is to be used for
customer shall provide a backflow device.
are allowed to move fire hydrant meters.
subject to a penalty if he attempts to me
hydrant meter. (See APPENDIX A for deposf
relocation, and user fees.)
4.3 WATER USE RESTRICTIONS
drinking purposes at
lawn irrigation, the
Only Town personnel
Contractor will be
ve or alter the fire
t, installation,
4.3.1. RESTRICTIONS ON WATER USE. Water shall be used only
for beneficial purposes and shall not be wasted. Conditions may
exist when the water supply is temporarily limited. During such
periods of time water for irrigation and other outside uses shall
be used only in accordance with these regulations.
4.3.2: RESTRICTION LEVELS. There are established three levels
of restriction of water use as follows:
a. Level 1. Level I water restriction shall be
effective during periods of extreme emergency, including but not
limited to water treatment plant failure, water main break and
other emergencies creating an immediate threat to the water
supply. During a Level I water restriction period, water use
shall be limited to in -home use.
b. Level II. Level II water restriction shall be
effective during periods of emergency, including but not limited
to severe drought and other periods of significant reduction in
the water supply. During a Level II water restriction period,
water use shall be limited to in -home use and to such business
use as is essential to the viability of the business, such as
watering of outside stock at nurseries, greenhouses and stores.
No irrigation or other outside use shall be permitted. Swimming
pools shall not be refilled.
c. Level III. Level III water restriction shall be
effective during periods of drought or other conditions
temporarily causing a supply of water not adequate to the demand.
During a Level III water restriction period, irrigation shall be
limited as follows:
i. For properties having an even number address, from
10: 00 P.M. to 5: 00 A.M. commencing an Sunday,
Wednesday and Friday of each week.
ii. For properties having an odd number address, from
10 :00 P.M.. to 5:00 A.M. commencing on Tuesday, Thursday
and Saturday of each week.
iii. Provided, that newly sodded lawns may be watered
each day for fourteen consecutive days, not exceeding
one inch per week, and newly seeded lawns may be
watered each day for 25 consecutive days, not to
exceed one inch per week.
Vehicles may be washed only with a bucket and shut -bff
nozzle and not with a free running hose. No Irrigation
shall be permitted without a nozzle or sprinkler.
Swimming pools shall be refilled only for purpose of
repairs.
4.3.3. DETERMINATION OF PERIODS OF WATER RESTRICTION. Periods
of water restriction shall be determined as follows:
a. Level_I. The Town Manager shall make any
determination of a Level I period of water restriction. Any
determination of a Level I period of water :--etriction shall
immediately be reported to the Town Council, and notice thereof
and of the restrictions imposed shall be publicized by radio and
newspaper an expeditiously as possible. Suc:i period of
restriction shall continue no longer than necessary and in any
event no longer than until the next regular meeting of the
Council and thereafter may be continued by the Town and notice
given as hereinafter provided.
b. Levels Il and III. The Town Council shall make any
determination of a Level II or Level III period of water
restriction. Notice thereof and of the restrictions imposed
shall be published in a newspaper of general circulation within
the Town and further posted in at least three public places
within the Town. Such publication and posting shall continue
until the period of restriction is terminated.
4.3.4. PENALTIES FOR VIOLATION. Any person using water in
violation of this section 4.3 shall be fined in accordance with
subsection 4.1.4 hereof and shall be charged at triple the
ordinary rate for the applicable billing period. Upon a second
violation, the property shall be disconnected from service.
4.3.5. MECHANICAL DEVICES. The Town may require, at the
customer's expenses that seals or other mechanical devices be
attached to any water using system in or about promises served by
the Town in order to detect any unauthorized use.of water from
that system. such seals or mechanical devices may be inspected by
agents of the Town at any reasonable time upon reasonable notice
to the portion in charge of the property served.
Chapter 13.45
APPLICATION FOR SERVICE
5.1 SERVICE OUTSIDE THE TOWN
No service shall ever be provided to property outside of the
Town, except upon the express written consent of the Town.
Charges for furnishing service outside of the Town shall be at
the discretion of the Town Council, but no service shall be
furnished to property outside of the Town unless the charge
therefor equals at least the cost of service, plus the estimated
mill levy and tap fees for which such property would be
responsible if it were a part of the Town. In every case where
the Town furnishes service to property outside the Town, the Town
reserves the right to discontinue the service when, in the
judgement of the Town Council, it is in the best interest of the
Town to do so.
5.2 APPLICATION FOR SERVICE
Application for service must be filed with the Town on forms
provided by the Town and accompanied by appropriate fees prior to
any action to connect to the system. Only upon authorized
approval of the application and a receipt therefor may a
connection to the system be made. The location of the water
Meter and the remote reading device shall be indicated on all
applications for service.
5.2.1 FIRE SPRINKLER SYSTEM. If a fire protection water
sprinkler system is to be used, a plan of the system is to
accompany the application and is subject to the approval of the
Town. All fire sprinkler systems shall meet NFPA requirements
and additionally shall meet the requirements of all applicable
State of Colorado building and fire protection codes. If a water
sprinkler system for lawn irrigation is to be used, it must be
metered.
5.2.2 TAPS PROHIBITED IN WINTER. No taps will be permitted
or made between November lst and April 15th, without specific.
written avvroval of the Town Manager.
5.2.3 ADDITIONAL TAP INFORMATION REQUIRED. All information
requested on the tap application form must be completed. In
addition, the water meter location and arrangement, and a diagram
of the curb stop valve box location must be included. A site
plan or improvement plan and floor plan shall accompany the tap
permit application showing the location of the building relative
to property lines. A building permit shall also accompany the
tap permit application for new construction.
5.2.4 REASSESSMENT OF TAP FEES. Should any information
disclosed on the application prove at any time to be false, or
should the applicant omit any information, the Town shall have
the right to reassess the tap fee originally charged at the rate
current to the discovery by the Town of the false or omitted
information, and /or disconnect the service in question, and /or
back - charge the property in question for service fees that may be
due and owing, and /or charge any other or additional fee or
penalty specified in these Rule and Regulations, as amended. Any
reassessment shall be due and payable, together with any
penalties or other additional fees charged, and together with
interest at the maximum legal rate on the entire balance, upon
and from the date of the original application.
5.3 DENIAL OF APPLICATION
The Town reserves the exclusive right to deny application for
service when, in the opinion of the Council, the service applied
for would create an excessive seasonal, or other, demand on the
facilities. Denial may also be based upon an unresolved
obligation between the Town and the applicant, inadequate
documentation of easements for main lines serving the property,
or any other reason as determined by the Town Manager.
5.5 CANCELLATION OF APPLICATION
The Town reserves the right to revoke, any prior approval of an
application before service has been provided, and thereafter for
any violation of these Rules and Regulations.
5.6 MOVED OR DESTROYED BUILDINGS
When a building is moved or destroyed, the original authorization
shall remain, provided that a written request is made to, and
approved by the Town Manager prior to cessation of payment of
service charges.
5.6.1 ABANDONED SERVICE LINE. When a service line is
abandoned permanently, the property owner or customer shall valve
the water supply off at the main line (corporation stop valve).
5.7 CHANGE IN CUSTOMER'S EQUIPMENT, SERVICE OR USE OF PROPERTY
No expansion of or addition to the customer's service or use of
property served shall be made without the prior notification of
an approval by the Town. Any such change which, in the opinion
of the Town, will increase the burden placed on the Town's
systems by the customer shall require a redetermination of the
tap fee and monthly service charge, and a payment by the customer
of any additional tap fee and monthly service charge resulting
from the redetermination. Subject to 5.6, above, tap fees
previously paid with respect to the property in question shall be
credited against the redetermined tap fee so that only the unpaid
portion of any redetermined tap fee shall be due; provided,
however, that redeterminations resulting in a conclusion that the
tap fee, if assessed currently, would be in an amount less than
that originally paid shall not result in a refund or credit of
any kind to the customer.
5.7.1 UNAUTHORI13ED CONNECTION FEE. Any violation of this
section shall result in the assessment of an unauthorized
connection fee, as provided by Section 5.8 of these Rules and
Regulations, and the Town shall take those steps authorized by
these Rules and Regulations, and the Colorado law regarding the
collection of said fees. (Also, see 4.1 Unauthorized Tamperinq
with Systems.)
5.7.2 INSPECTION REQUIRED. Any customer believed to have
changed equipment, service, or use of his property, in violation
of this section, shall be notified of such belief by the Town,
and shall be afforded twenty (20) days from the date upon which
the notice is mailed in which to respond -to the Town's notice.
Any response by the customer must include permission to make such
inspection of the property in question as the Town Manager or his
representatives deem necessary to establish clearly the nature of
equipment, service and use of the property in question. Failure
to respond may result in Town discontinuing service to the
property.
5.7.3 REDETERMINATION_OF TAP FEES. Inspection shall be made
of the property in question. Following inspection, the Town
Manager shall make a determination as to the change in the
customer's equipment, service or use of the property in
question, and shall redetermine any additional tap fees and
service charges due. In the event the decision of the Town
Manager is deemed unsatisfactory to the customer, the customer
may present a complaint in accordance with the Hearing and Appeal
Procedures, Article IX, of these Rules and Regulations.
5.8 UNAUTHORIZED CONNECTIONS AND FEES
No person shall be allowed to connect onto the water system or to
enlarge or otherwise change equipment, service or use of property
without prior payment of tap fees, approval of application for
service, and adequate supervision and inspection of the tap by
Town employees. Any such connection, enlargement, or change
without payment, approval, supervision and inspection shall be
deemed an unauthorized connection. Upon the discovery of any
unauthorized connections, the then - current tap fee shall become
immediately due and payable, and the property shall automatically
be assessed an additional unauthorized connection fee equal to
the then current tap fee per equivalent dwelling unit, as
liquidated damages -toward the Town's costs associated with such
unauthorized connections.
5.9 REVOCATION OF ;SERVICE
Service shall be revocable by the Town upon nonpayment of any
valid fees or charges owing to the Town. In the event of
nonpayment, the customer shall be given not less than twenty (20)
days advance notice in writing of the revocation, which notice
shall set forth:
1. The reason for the revocation;
2. That the customer has the right to contact the Town,
and the manner in which the Town may be contacted for
the purpose of resolving the obligations; and,
3. That there exists an opportunity for a hearing in
accordance with Article IX of these Rules and
Regulations.
if payment of the outstanding obligation is not received by the
Town within twenty (20) days of the date of mailing of the
revocation notice, the Town Manager shall disconnect the service
And the customer shall be assessed the cost of the disconnection.
While the service is disconnected, the customer shall continue to
be assessed the base service charges for water.
5.10 REVOCATION OF TAP RIGHTS
The right to connect the Town's system and receive services under
Section 5 'above, shall be revocable by the Town upon nonpayment
of any Town fees owing to the Town and remaining unpaid for a
period of thirty (30) days, and whether or not the customer
owning the right to connect has actually connected to the Town's
system. Such revocations shall be conducted in accordance with
Section 5.9, above. If the right to connect to the Town's system
is revoked, the customer may reacquire such tap right only by
reapplying for service in accordance with Section 5.Z1 above, and
after paying all fees due and owing the Town and the then - current
tap fees charged by the Town under these Rules and Regulations.
5.11 TURN -ONS /TURN -OFFS OF SERVICE
All turn -ons and turn -offs of water service through a shut -off
valve on a service line that has been connected to the Town's
water system pursuant to a written permit issued by the Town
shall be performed only by Town personnel regardless of the
ownership of the shut -off valve or service line and regardless of
the circumstances respecting the turn -on or turn -off. The Town
shall assess a single turn -off /turn -on charge in the amount of
$50.00 for any such turn -off and turn -on performed except when
initial service is provided and /or when the service is performed
for customers requiring maintenance to their service lines, in
which case there shall be no charge. The Town will provide this
service only fora tap for new construction, one time prior to
the occupancy of the-building-served.
All other requests for a turn -off or turn -on of Town service may
be granted or denied by the Town Manager in his sole discretion.
Chapter 13.06
CONSTRUCTION OF SERVICE LINES
6.1 COMPLIANCE WITH RULES AND REGULATIONS
The requirements of these Rules and Regulations, and Appendix C,
attached hereto, are applicable to the construction of all
service lines.
6.2 INSPECTION AND TAPPING CHARGES
All'taps shall be made by the Town or its authorized
representative and all service lines shall be inspected by a
representative of the Town. All water service lines are to be
tested under normal operating pressure. Constructors of service
lines shall call the Town to schedule an open ditch inspection of
all service lines. If said inspection is not made within
twenty -four (24) hours'of the call, excluding weekends and
holidays, construction may proceed. There shall be a charge for
all inspections as determined from time to time by the Council.
Further information. regarding inspections and the charges for
inspections may be obtained at the Town Clerk's office.
6.3 SEPARATE SERVICE LINES REQUIRED
A separate and independent service line shall be provided for
every building, and shall be installed at the expense of the
property owner. There shall be one water meter installed for each
separate building served. A curb stop shall be located at the
property line on all service lines. Each half of a duplex shall
have a curb stop at the property line and shall have a separate
water meter and service line. The Council may, in the exercise
of its sole discretion, provide an exemption from the above
requirements for buildings that are part of a condominium or
homeowners association. In such a case, the town shall bill the
association for service charges assessed by the Town for water
usage in the association. In all cases where individual units
are not separately metered, billing shall be to one entity for
service to all units serviced through the same meter or service
line, and payment for less than all units shall be considered
nonpayment, allowing the Town to terminate service:
6.4 CONSTRUCTION AND CONNECTION
The contractor shall notify the Town when the service line is
ready for inspection and connection to the Town's main. One
working day notice is required. The connection shall be made to
the main by contractor approved by Town and shall be observed by
Town personnel. All contractors, plumbers, and others doing work
on any main, service lines, or structures in the Town shall
comply with Town and Colorado Department of Transportation
regulations on excavation, backfill, compaction, and restoration
of surface. All permits, fees, and licenses shall be paid for by
the contractor, plumber, or others doing work in the Tom prior
to the start of construction.
All excavations for service installations shall be adequately
guarded with barricades and lights so as to protect the public
from hazard. Streets, sidewalks, parkways, and other public or
private property disturbed in the course of the work shall be
restored in a manner satisfactory to the Town. All daily
inspection fees on water service line construction required by
any governmental agency, including the Town, shall be paid by the
plumber, contractor, or others doing work for the Town.
Chapter 13.07
MAIN LINE EXTENSIONS
7.1 COMPLIANCE WITH RULES AND REGULATIONS
Main line extensions shall comply with the requirements of these
Rules and Regulations and the Town's standard specifications for
water line construction.
7.2 MAIN LINE EXTENSIONS BY THE TOWN
The Town has the aright to construct all main lines within the
Town. Developers who desire to construct such main lines prior to
the date planned by the Town for their construction may do so as
provided in Section 7.4 herein.
7.3 PROCEDURE FOR MAIN LINE EXTENSION BY_THE TOWN
The Town may construct any main line if the Council deems it in
the best interest of the Town to do so. All main line extensions
which are so authorized shall be bid and contracted for by the
Council, with the constructor installing the main lines being
responsible to the Council. The Town, through its engineer, shall
supervise construction activity and coordinate all matters
pertaining to the completion of the subject project, including
periodic and final payments to the constructor, inspection, and
as -built drawings.
7.3.1 PERFORMANCE BONDS AND ONE YEAR_WARRANTY. A letter of
credit or other security satisfactory to the Town in an amount
equal to the contract price at a minimum shall be furnished to
the Town by the constructor on all construction contracted by the
Town. All main lines constructed shall be accepted by the Town
upon completion of construction, subject to a one -year warranty
period during which the constructor shall promptly, without cost
to the Town, correct any defective work. All daily inspection
fees required by any governmental authority, including the Town,
shall be paid by the constructor.
Constructors who have completed construction of main line
extensions shall, before the main lines are accepted by the Town,
deed the main lines and all appurtenances to the Town free and
clear of all liens and encumbrances, and furnish to the Town a
surety bond or other acceptable collateral which shall cover all
maintenance for one (1) year from the date of acceptance of the
main lines by the Town. Prior to the acceptance of the main
lines by the Town, the Constructor shall provide to the Town
reproducible as -built drawings including water service stubout
locations, valve and fire hydrant locations, and easements.
7.4 PROCEDURE FOR MAIN LINE EXTENSION BY DEVELOPERS
The Town has no obligation to extend any main. In the discretion
of the Council, the Council may permit an applicant-to construct,
at the sole expense of the applicant, main lines prior to their
construction by the Town. The applicant shall enter into a
written main line extension agreement with the Town prior to
proceeding with any extension.
7.4.1 APPLICATION FOR APPROVAL. All applicants desiring to
construct a main line shall first make formal application to the
Town for approval. This application shall be in writing, and
shall contain a legal description of the property to be served by
the main line and plans for such extension, and any other
information required by the Town in its discretion. Said plans
shall be reviewed for compliance with the Town's specifications,
and with other specifications and requirements appropriate to the
situation. The cost of such study for compliance shall be borne
by the applicant.
7.4.2 DEPOSITS WITH THE TOWN Prior to the execution of the
main line extension agreement with the Town, the applicant shall
deposit with the Town an amount sufficient to compensate the Town
for engineering fees, legal fees, and other costs, except direct
construction costs, anticipated to be incurred by the Town as a
result of zhe application and the construction of the main line.
7.4.3. PERFORMANCE AND PAYMENT BONDS All contracts entered
into by applicant for construction of any part of a main line
shall be assignable to the Town. All such contracts that an
applicant proposes to assign to the Town shall include
performance and payment bonds, or other security satisfactory to
the Town, to be issued by the contractor to the Town. Said bonds
or other security shall be at a minimum equal to the contract
price for the construction contracted for by the applicant. All
main lines shall be constructed according to applicable Town and
State of Colorado specifications. All main line extensions
within the Town shall be made under the supervision of the Town
engineer at the applicant's expense. Similarly, all daily
inspection fees on mains required by any governmental agency,
including the Town, shall be paid by applicant. Such costs may
be subject to cost recovery if so designated in the cost recovery
contract.
7.4.4 SPECIAL STRUCTURES DESIGNED BY TOWN ENGINEER.
Special structures such as pumping stations, pressure reducing
valves, meter vaults, etc., required to ensure proper operation
of the extensions, shall be constructed from designs of the Town
engineer or such other engineers as may be approved by the
Council.
7.4.5 OVERSIZINNG OF MAIN LINES. The applicant shall be
responsible for overs1zing main line extensions as required by,
the Town, at the Town's expense, subject to future cost recovery
by the Town from future extenders_ Specifically, a future
extender may be required to reimburse the Town the cost of
oversizing, including reasonable interest, upon connecting a
further extension.
7.4.6 DOCUMENTA,TION REQUIRED. Applicants who have completed
construction of main lines shall, before the mainlines are
accepted by the Town, deed the main lines and appurtenances to
the Town free and clear of all liens and encumbrances, and
furnish to the Town bonds which shall cover all maintenance for
one (1) year from the date of acceptance of the main lines by the
Town. Prior to the acceptance of the main lines by the Town, the
applicant shall provide the Town with:
1. All easements necessarily accompanying the main lines;
2. Reproducible as -built drawings; and,
3. A statement of the certified costs of the main lines.
7.4.7 - CONTRACT_REQUIRED. No reimbursement or recovery of
costs shall be permitted for main line extensions, except as
provided by fully executed contracts with the Town. The Town
shall, in its sole discretion, determine when reimbursement may
be made for main line extensions.
7.5 RECOVERY OF COSTS
In the Town's sole discretion, reimbursements or cost recovery
payments, as provided by contracts, may be made at such times and
in such amounts as the Town may determine. Applicants who desire
to construct a water main line or water main line extension
within the Town may, in the sole discretion of the Town, recover
a portion of the costs expended by the applicant in constructing
such lines, in accordance with this section.
7.5.1 COST - RECOVERY AGREEMENT. Applicants seeking cost
recovery payments shall, prior to constructing the main line(s)
for which recover is sought, execute a cost recovery agreement
with the Town which, subject to these Rules and Regulations,
shall establish the terms and conditions under which such cost
recovery payments are made.
7.5.2 LIMITATION ON PAYMENTS - DIRECT CONSTRUCTION COST. The
amount of cost recovery payments shall in no case exceed 100% of
the approved direct construction cost, which.costs shall not
include interest or overhead.
7.5.3 LIMITATION OF PAYMENTS - 50% OF TAP FEES. All cost
recovery payments made by the Town to an applicant shall be paid
out of those amounts received by the Town as tap fees for those
actual physical service taps made into the line constructed by
applicant and shall not exceed fifty percent (50%) of the amount
of each tap fee paid, as determined at the time of payment.
Extensions of other main lines off the line constructed shall not
give rise to additional tap fee recovery rights.
7.5.4 PAY.14ENTS ODE AT DISCRETION OF TOWN All Cost recovery
Payments shall be made at such times and in such amounts as the
Town, in its sole discretion, shall determine. No taps may be
made onto such main line until said main has been accepted by the
Town, unless by special written arrangement with the Town.
7.5.5 PHASED CONSTRUCTION. All cost recovery agreements and
subsequent payments shall relate only to those facilities which
are described in the cost recovery agreement. If an applicant
desires to construct a phased development consisting of several,
periods of construction, separate cost recovery agreements must
be executed for each phase. If the former phase contract is
still in force and effect, it shall be incorporated into the new
phase's contract.
7.5.6 'EXECUTED AGREEMENT REQUIRED. Before any cost recovery
payments can commelrece, applicant and Town must each have signed a
cost recovery agreement; the fully executed agreement, along with
all exhibits and appendices thereto, must have been returned to
the Town's possession; and all terms and conditions contained in
the cost recovery agreement must have been met.
7.5.7 ELIGIBLE COSTS. The following costs may be deemed
eligible for recovery if specifically provided for in the cost
recovery agreement:
1. Reasonable inspection and design costs, as approved by the
Town in its sole discretion.
2. If the Town determines, in its sole discretion that
oversizing of the proposed main line extension is necessary
as provided in Paragraph 7.4.5 above, the lower line shall
obtain cost recovery first. Subsequent extensions shall
first reimburse the Town for the cost of oversizing, plus
interest, and will receive cost recovery in the priority of
their construction, and as provided in the cost recovery
agreement.
7.5.8 INELIGIBLE COSTS. The following costs shall not be
eligible for cost recovery:
1. Cost of water service stubouts;
2. Structures able to be served by a main line currently in
place are not subject to cost recovery, unless approved
prior to construction, at the sole discretion of the
Council. The purpose and intent of this provision is to
prevent abuse -of the cost recovery system.
3. Costs of repairing water m,,.ins is not allowed; the cost of
repair, particularly within the warranty period, shall not
be a recoverable cost. This section does not include costs
of duly authorized change orders.
7.6 MAIN LINE
The size of the main line required to serve any area served by
the Town shall be determined by the Town.
7.7 LOCATIONS OF MAIN LINE EXTENSIONS
Main lines shall be installed in roads or street rights -of -way,
as well as in easements granted to the Town. Where required,
facilities must cross land not being subdivided", or where such
land is under the applicant's control for the granting of public
rights =of -way, each applicant who desires service will, in
consultation with, and with the approval of the Town, dedicate
and grant to the Town appropriate rights -of -way and easements in
which will be constructed such facilities.
The Town shall maintain sole discretion over the location of any
main line extensions, including control over any parallel lines.
r
"r
Chapter 13.08
RATES AND CHARGES
8.1 GENERAL
The information contained in this Article is pertinent to all
charges of whatever nature to be levied for the provision of
water services. Said rates and charges as herein established are
in existence and effect at this time, and shall remain in effect
until modified by the Council under the provisions of these Rules
and Regulations. Nothing contained herein shall limit the
Council from modifying rates and charges, or from modifying any
classification.
8.2 APPLICATION OF.THIS ARTICLE
The rates, charges,, and other information shown herein shall
apply only to customers inside the Town, and shall in no way
obligate the Town with respect to services provided outside the
Town boundaries.
8.3 CLASSIFICATION OF CUSTOMERS
For the purpose of levying fair, reasonable, uniform, and
equitable charges, the following classifications and related
definitions are provided:
8.3.1 RESIDENTIAL UNIT. Any living unit with kitchen,
including single - family houses, duplexes, residential
condominiums, townhouses and apartments, but excluding
hotel /lodge /motel units and units approved for time -share sales.
8.3.2 HOTEL, LODGE, MOTEL, ACCOMMODATION UNIT. Includes
accommodation rooms or suites of rooms or apartments designed for
short -term commercial rental, including units approved for
time -share sales. All other auxiliary uses, i.e., restaurants,
bars, athletic facilities, public restrooms, are included under $,?.�
8.3.3 COMMERCIAL, INDUSTRIAL SERVICE. All non - residential
uses which are not included under 8.3.1 and 8.3.2.
8.4 TAP FEE
A tap fee shall be charged to all customers of the Town. Such
fee is the applicant's proportionate share of the system cost in
relation to the applicant's use. It shall be assessed and paid
before the permit for service is issued. Tap fees shall be
assessed as provided for in the schedule of fees and charges
attached hereto as Appendix '� ; provided, however, that:
8.4.1 PREPAID TAP FEES. Tap fees may be prepaid, and tag
permits issued, anytime in advance of connection, in which case
the commencement of service charges shall be governed by Section
8.6 of these Rules and Regulations.
8.4.2 FACTORS AND USAGE. The fees and charges reflected in
Appendix "B " are based upon factors of usage and physical
structure, and upon the application by the Town Manager of those
factors to the facts and circumstances surrounding the
application.
8.4.3 DISPUTED TAP APPLICATION - HEARING BEFORE THE COUNCIL.
If any application, in the opinion of the Town Manager, does not
properly reflect the nature and use of the structure to carry out
the purpose of Appendix "B ", then:
a. The Town Manager shall report said opinion and the
facts supporting the same to the Town Council.
b. The Town Council shall, upon receipt of the Town
Manager's report, and upon a determination that said
report is supported by sufficient facts to justify a
hearing, provide notice to the applicant of a hearing
to be held at the convenience of the Council to
determine the facts and circumstances surrounding the
application. The Council shall hold a hearing in
accordance with the notice provided, and shall hear any
person who may wish to come before the Council to
provide the Council with information concerning the
facts and circumstances surrounding the applications.
C. After hearing all who come before it at said hearing,
the Council shall determine whether the application
properly reflects the nature and use of the structure
and fulfills the purpose of this section and, if not,
the Council shall assess the tap fee that is
appropriate for the applicant, which tap fee shall be
collected in accordance with these Rules and
Regulations.
8.5 TRANSFER OF TAP FEES
No tap fee paid on behalf of one property, or any portion
thereof, may be transferred to any other property unless:
8.5.1 The owner requesting the transfer is the common owner
of the property for which the tap fee has been paid and the
property to which the transfer of the tap fee, or portion
thereof, is being requested.
8.5.2 The owner requesting the transfer has no outstanding
unpaid accounts with the Town and has previously maintained a
good credit with the Town.
8.5,3 The property to which the tap fee initially applied has
never been connected to the Town's system.
8.5.4 Taps may be transferred on,Single Family Equlvalent
(SFE) basis without regard for the difference between previous
and current tap fee rates.
8.5.5 Any approval of a request for a transfer of a tap or
fees shall be in the sole discretion of the Town.
8.6 SERVICE CHARGE
Service charges shall be as reflected in the Schedule of Fees and
Charges, attached hereto as Appendix "A". Service charges will
begin when water service is turned on to'the building.
8.7 AMENDED TAP FEES
In those situations where a prospective user applies for a permit
for service to a structure or use not defined in the preceding
_'_t+e1e; or where, in the Council's opinion, said structure
represents a classification not contemplated in the establishment
of the previously defined-tap fee, the Council shall, in its sole
discretion, establish a fair, reasonable, and equitable tap fee
for said structure.
8.8 AMENDED SERVICE CHARGES
In those situations where, in the Council's sole discretion, the
service charges shown in the previous Ass do not represent a
fair, reasonable, and equitable charge for the intended use, the
Council, in its sole discretion, may adjust said rates.
8.9 PAYMENT OF SERVICE CHARGES
It is the policy of the Town to bill all monthly service charges
in arrears.
When a condominium or homeowners' association exists for a number
of units receiving service from the Town, said association shall
receive an invoice for all units serviced by the association.
In no instance shall the Town bill individual owners within
multi -unit project without separate meters, curb stop, shut -off
valves, and service lines. The Town shall have the right to
issue only one bill for a multi -unit structure or development.
Any structure with more than one living unit off the service
line, which is not separately metered, shall establish one
responsible party for water bills.
The customer shall pay to the Town within ten (10) days after the
billing date the full amount of that statement. where the
customer believes said statement is in error, the customer must
file, in writing, a notice to the Town of the presumed error, and
request a clarification from the Town Manager. Upon review by
the Town Manager, and resubmittal and /or revision of the
statement, payment shall be due no later than ten (10) days from
the billing date of the resubmitted statement.
8.10 PENALTY FOR LATE PAYMENT
At any time the customer is 30 days past due in payment of
charges due the Town, the Town shall assess'an interest rate of
one percent (1 %) per month on the unpaid balance including
accrued interest, but not to exceed the maximum effective
interest rate permitted by the laws of the State of Colorado.
Customers will be notified on their bills when they are 30 days
past due. If the charges become 60 days past due the customers
will be notified on their bill and notice will be mailed by first
class mail and posted'on the premise that they have 20 days from
the date of notice to pay the bill in full including current,
past due, penalty, and interest charges or their service will be
terminated, a fee will be assessed in accordance with Section
5.11 and all charges due the Town must be paid in full to return
water service to the customer.
The Town shall assess to any customer who is past due in payment
of his or her account, all legal, court, disconnection, and other
costs necessary to or incidental to the collection of said
account.
8.11 FORECLOSURE PROCEEDINGS/ATTORNEY'S FEES
At any time it becomes necessary after other efforts (letters,
posted notices) to collect delinquent payments of any fee or
charge imposed by the Town under these Rules and Regulations
and /or Colorado law, the Town may then initiate foreclosure
proceedings in the manner provided by law for the foreclosure of
mechanics liens. All of the provisions of these Rules and
Regulations to the contrary notwithstanding, all customers /users
of the Town hereby agree to be bound by these Rules and
Regulations as a matter of contract and for which there is good
and valuable consideration. And further, therefore, in the event
the Town shall commence a foreclosure action or proceedings to
collect any payments of whatsoever nature due and payable to the
Town, then in said event the party being foreclosed upon agrees
hereby to the payment of any and all costs incurred in connection
with said foreclosure proceedings including_, but not limited to,
reasonable attorney's fees which the court shall tax as a part of
the costs of such foreclosure proceedings. In the event payment
is made by the customer prior to the foreclosure sale, said
attorney's fees and any and all other fees outstanding against
the subject account and relating to the subject seal. property,
must also be paid as a pre- condition to _the resumption of service
to the subject property.
Chapter 13.09
HEARING AND APPEAL PROCEDURES
9.1 APPLICATION
The hearing and appeal procedures established by this section
shall apply to all complaints concerning the interpretation,
application, or enforcement of the Rules and Regulations of the
Town, and contracts related thereto, as they now exist or may
hereafter be amended. The hearing and appeal procedures
established by this section shall not apply to the following
complaints.
1. Complaints which arise with regard to personnel matters,
which complaints shall be governed exclusively by the Town's
personnel rules as the same may be amended from time to
time.
2. Any other complaint which does not concern the
interpretation, application, or enforcement of the Rules and
Regulations of the Town, or contracts related thereto.
9.2 INITIAL COMPLAINT RESOLUTION
Complaints concerning the interpretation, application, or
enforcement of Rules and Regulation of the Town must be presented
in writing to the 'Town Manager, or such representative as he or
she may designate. Upon receipt of a written complaint, the Town
Manager or his or her representative, after a full and complete
review of the allegations contained in the complaint, shall take
such action and /or make such determination as may be warranted
and shall notify the complainant of the action or determination
by mail within twenty (20) days after receipt of the complaint.
9.3 HEARING
In the event the decision of the Town Manager or his or her
representative is deemed unsatisfactory to the complainant, a
written request for hearing may be submitted to the Town Manager,
or such hearing officer as the Town Manager may appoint, within
twenty (20) days from the date written notice of the decision was
mailed.
Upon receipt of the request, if it be timely and if any and all
other prerequisites prescribed by these Rules and Regulations
have been met, the Town Manager or hearing officer shall conduct
a hearing at the Town's convenience, but attempt to do so within
twenty (20) days -after the receipt of the request for hearing.
The hearing shall be conducted in accordance with and subject to
all pertinent provisions of these Rules and Regulations. If the
Manager renders a final decision against the customer, the
out -of- pocket costs of the hearing shall be assessed against the
customer.
9.4 CONDUCT OF HEARING
At the hearing, the Town Manager or hearing officer shall
preside. The complainant and representatives of the Town shall be
permitted to appear in person, and the complainant may be
represented by any person of his or her choice or by legal
counsel.
The complainant or his or her representatives and the Town
representatives shall have the right to present evidence and
arguments; the right to confront and cross - examine any person;
and the right to oppose any testimony or statement that may be
relied upon in support of or in opposition to the matter
complained of. The Town Manager or hearing officer may receive
and consider any evidence which has probative value commonly
accepted by reasonable and prudent persons in the conduct of
their affairs.
The Town Manager or hearing officer shall determine whether clear
And convincing grounds existing to alter, amend, defer, or cancel
the interpretation, application, and /or enforcement of the Rules
and Regulations that are the subject of the complaint. The
decision shall be based upon evidence presented at the hearing.
The burden of showing that the required grounds exist to alter,
amend, defer, or cancel the action shall be upon the complainant.
9.5 FINDINGS
Subsequent to the hearing, the Town Manager or hearing officer
shall make written findings and an order disposing of the matter
and shall mail a copy thereof to the complainant not later than
ten (10) days after the date of the hearing.
9.6 APPEALS TO THE COUNCIL
In the event the complainant disagrees with the findings and
order of the Town Manager or Hearing Officer, the complainant
may, within twenty (20) days from the date of mailing of the
findings and order, file with the Town a written request for an
appeal thereof to the Town Council. The request for an appeal
shall set forth, with specificity, the facts or exhibits
presented at the hearing upon which the complainant relies and
shall contain a brief statement of the complainant's reasons for
the appeal. In response, the Town Manager or hearing officer
shall compile a written record of the appeal consisting of:
1. Minutes of the hearing;
2. All exhibits or other physical evidence offered and reviewed
at the hearing;
3. A copy of the written findings and Order; and,
4. Additional written comments which the Town Manager may wish
to submit in response to the written request for appeal.
The Council shall consider the complainant's written request and
the written record on appeal at the next regularly scheduled
meeting held not earlier than ten (10) days after the filing of
the. complainant's -request for appeal. Such consideration shall
be` limited exclusively to a review of the record on appeal, the
complainant's written request for appeal and an oral presentation
by the complainant, which presentation shall be limited by the
Council. No further evidence shall be presented by any party to
the appeal and there shall be no right to a hearing de novo
before the Town Council.
9.7 COUNCIL'S FINDINGS
The Town Council shall make written findings and an order
concerning the disposition of the appeal presented to it and
shall cause notice of the decision to be sent by certified snail
to the complainant within ten (10) days after the hearing. The
Town Council shall not reverse the decision of the Town Manager
or hearing officer unless it appears that such decision was
contrary to the evidence made available at the hearing.
9.8 NOTICE
A complainant shall be given notice of any hearing before the
Town Manager, the hearing officer, or before the Town Council, by
certified mail'at least seven (7) calendar days prior to the date
of the hearing, unless the complainant requests or agrees to a
hearing in less time, or to a waiver of formal notice.
"EXHIBIT A "
TOWN OF AVON
TAP FEE SCHEDULE
CLASSIFICATION
RATE
1) RESIDENTIAL UNIT
Any living unit with a kitchen.
$4,000 per unit up to
A kitchen being defined as including
,3,000 sq. ft., plus
but not limited to, hot and cold
$2.00 per sq. ft.r
water, stove and /or microwave, sink
thereafter; plus
and refrigerator. Examples:
$2.00 per sq. ft.
Residential Condominiums, Townhouses,
for private swim -
Apartments, Duplexes, Triplexes, Lock-
ming pool.
off Apartments, etc. Any commercial
business and /or facilities in a
residential condominium complex must
be metered by a separate master meter
separate from the residential units.
2) HOTEL /LODGE /MOTEL /LOCK- OFF /ACCOMMO-
DATION UNIT
Efficiency Room: a single room with
$2,000 per efficiency
a bathroom and a kitchen. A kitchen
room.
being defined as including, but not
limited to, hot and cold water, stove
and /or microwave, sink and refrigerator.
Rooms (with or without a bathroom, but
$1,400 per room.
without a kitchen) with private access
to a central corridor or the outside.
3)
Restaurants, Bars, Stores, offices and (minimum $6,000)
accessory areas (such as lobbies,
mechanical rooms, convention centers,
ballrooms, auxiliary dining rooms,
guest recreational facilities) in a
hotel /lodge must be metered by a separate
master meter so that these uses,.can be
assessed a tap fee and usage fee separate
from the Hotel /Lodge /M(itel /Lock -off /.
Accommodation Units.
COMMERCIAL, INDUSTRIAL AND IRRIGATION
(These uses must be metered on a separate master meter so
that these uses can be assessed a tap fee and usage fee
separate from the
residential, hotel, lodge, motel,
4)
5)
lock -off, and accommodation units)
SERVICE LINE SIZE
SFE
RATE
3/4 inch
1.50
$ 6,000.00
1 inch
2.60
10,400.00
1 1/2 inch
5.80
23,200.00
2 inch
10.30
41,200.00
3 inch
23.00
92,000.00
4 inch
40.90
163,000.00
6 inch
92.10
$368,000.00
WATER METER:
The Town shall provide and install the appropriate water
meter required for new structures. The material and labor
charges shall be in addition to the tap fee. A spool
piece' having the same dimensions as the meter will be
provided to the contractor to facilitate testing prior to
the Town's installation of the meter.
SERVICE CHARGES:
FOR METERED ACCOUNTS:
Base Charge
Usage Rate
FOR UNMETERED ACCOUNTS:
$12.75 per month per single
family equivalent
$2.60 per thousand gallons
of water
Accounts with broken meters, or unmetered accounts shall- be
charged the rate for 10,000 gallons per single - family
equivalent per month during the winter (October through
April) and 20,000 gallons per single= family equivalent per
month during the summer (May through September), or an
amount consistent with historic use, whichever the Town
deems most appropriate.
SINGLE FAMILY EQUIVALENTS:
Single Family Equivalents (SFE's) shall be assigned as
follows for the determination of base service charges:
Residential Unit up to 3,000 per sq. ft. 1 SFE /unit
Residential unit over 3,000 sq. ft.
(actual sq. ft.) x 1,SFE = SFE /unit
(3,000 sq. ft.)
HOTEL /LODGE /MOTEL /LOCK- OFF /ACCOMMODATION UNIT
Efficiency Room
Rooms
0.50 SFE /Efficiency Room
0.35 SFE /Room
COMMERCIAL, I11DUSTRIAL AND IRRIGATION
SERVICE LINE SIZE SFE
3/4
inch
1.50
1
inch
2.60
1 1/2
inch
5.80
2
inch
10.30
3
inch
23.00
4
inch
40.90
6
inch
92.10
Base service charges for existing accounts with assigned
SFE's varying from this schedule shall be adjusted over a
three year period. one third of the difference between the,
assigned SFE's and the revised SFE's shall be added to the
SFE schedule for base service charges effective with the
January billing of each year until the assigned SFE schedule
is current.
6) FIRE HYDRANT METERS:
POLICY: Fire Hydrant Meters are allowed to be used between
April 15 and.October 15 provided'freezing at night is not
occurring. The customer is responsible for any damage to
fire hydrants or fire hydrant meters, which includes
vandalism or freezing. Approval for extension of use after
October 16, must be requested in writing.
A deposit of $200.00 for 1 -inch or smaller meter, or $600.00
for meters larger than 1 -inch is required. Deposit is fully
refundable, provided the meter is returned in good
condition. A $50.00 installation and removal charge,
payable in advance, is required (non - refundable). The
billing shall be $35.00 per month, plus $3.20 per 1,000
gallons.
Fire hydrant water shall not be used for drinking purposes
at anytime. If the water is to be used for lawn irrigation,
the customer shall provide a backflow prevention device. A
relocate fee of $25.00 to move the fire hydrant meter from
one fire hydrant to another is required. Only Town personnel
APPENDIX C
SERVICE LINE CONSTRUCTION
STANDARDS FOR SERVICE LINES
Prior to service lijae construction, the constructor shall
familiarize him /herself with the Town standards and
specifications. The owner or constructor shall obtain approval
for the location of the service line and submit appropriate sets
of site and mechanical plans and inform the Town's personnel of
intended schedule for construction.
Constructors shall apply for all permits. All permits, fees and
licenses shall be paid for by the constructor, plumber, or others
doing the work in the Town prior to the start of construction.
EXCAVATION
All excavation required for the installation of service lines
shall be open trench work unless otherwise approved by the
Manager.
Pipe laying and backfill shall be performed in accordance with
the Town's standards and specifications. No excavation shall
remain open for more than forty -eight (48) hours and all Town
mains are required to be covered overnight.
Where a street -cut is required, the contractor shall rebuild the
road base in accordance with applicable Town or state regulations
on excavation, backfill, compaction and restoration of service.
All excavation for all service lines shall be adequately guarded
with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public and
Private property disturbed in the course of the work shall be
restored in a manner satisfactory to the'Town.
All backfill shall be maintained in a satisfactory condition and
all places showing signs of settlement shall be filled and
maintained during construction for a period of two years
following completion of construction. When an applicant is
notified by the Town that a backfill is hazardous, he /she shall
correct such hazardous conditions at once.
TAPPING THE MAIN
The Town's representative is authorized to make taps onto the
Town's water mains. The applicants of the building water service
permit shall notify the Town when the service is ready for
; , " ,
inspection and connection to the main. All tap fees must be paid,
before the Town will make a tap.
INSPECTIONS
The applicant for the water line service permit shall notify the
Town when the service is ready for inspection and connection to
the water main. The connection shall be made by qualified
personnel. All service lines shall be inspected by the Town's
representative, who shall have the authority to halt construction
when, in his opinion, the Town's Rules and Regulations for proper
construction practices are being violated. Whenever any such
violations occur, the Town's representative, shall, in writing,
order further construction to cease until all deficiencies are
corrected. No service lines shall be covered without the Town's
representatives approval. Anyone making any installation without
such approval shall be required to remove all soil and any other
covering over the service line to allow its inspection.
WATER SERVICE LINES
Alignment of the water service line shall be located so as to
take the shortest, most direct route; preferably perpendicular to
the main to the building. All water services lines shall have a
minimum cover of eight feet (8'). No water service line shall be
laid parallel to any bearing wall which might be.thereby
weakened. The water service shall be laid at a uniform grade in
a straight alignment.
Under supervision of the Town representative, the water service
line is to be pressure tested at normal operating pressure from
the water main to the building before backfill begins. The water
service line shall be constructed using soft Type K copper for
water services two inches (211) and smaller. The service line
shall have a curb stop control valve located at the property
line, or as otherwise approved by the Town with easy access to
the Town. The service line shall be one continuous line with no
joints if at all possible. Splices are allowed if distance
exceeds the length of one hundred feet (1001).
When water service lines are stubbed out to property lines, the
stub -out shall be valved off and plugged, with a valve box
installed to the ground surface.
WATER METERS AND REMOTES. All water service lines shall
have a water-- meter before water is turned on. Water meters
shall be provided and installed by the Town. The cost of
the meter shall be borne by the customer. Water meters are
to be installed in a horizontal position in an area that
does not freeze and is conveniently accessible for repair.
The water meter shall have remote readout. The remote
readout shall be installed in an approved location that is
conveniently accessible on the building at a height of five
feet (51) above ground. The maximum remote distance from
the meter shall be five hundred feet (5401). All water
meters and remote readouts shall be inspected by the Town's
representative and sealed. The operational testing of the
meter and readout shall be demonstrated at the time of,
inspection.
It shall be the builders /contractors responsibility to
protect the meter from freezing or other physical damage
during construction. After completion of the construction
and acceptance by the owner, it shall be the owner's
responsibility to protect the meter from freezing, from
damage due to high water pressure (i.e. PRV), and other
physical damage.
PRESSURE REDUCING VALVES. Individual pressure reducing
valves are required on all water service lines and shall be
located upstream from (ahead of) the water meter.
BACRFLOW PREVENTION. Backflow prevention devices are
required on-all facilities where required by the Colorado
Department of Health. All devices will be inspected and
certified as working properly every year by a certified
inspector.
Section 2. Severability. If any part, section,
sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance; and the Town Council
for the Town of Avon hereby declares it would have passed this
Ordinance and each part, section, sub- section, sentence, clause
or phrase thereof, irrespective of the fact that any one or more
parts, sections, sub - sections, sentences, clauses or phrases be
declared invalid.
Section 3. Penalty. It is unlawful for any person to
violate any provision of, or to fail to comply with any of the
requirements of, this Ordinance. Any person who violates any
provisions of this Ordinance shall be punished by a fine of not
more than one thousand dollars or by imprisonment for a period of
not more than ninety days or by both such fine and imprisonment;
provided, no person under the age of eighteen years shall be
punished by imprisonment.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 26ti�lay of November , 1996 and a public hearing on this
Ordinance shall be held at the regular meeting of the Town
Council of the Tow: of Avon, Colorado on the 10th day of
December , 1996 at. 5:30 P.m, in the Municipal Building of the
Tovii of Avon, Colorado.
A tes
Town Clerk
Mayor
0.
INTRODUCED PASSED ON S9CONP READING,
this loth , APPROVED AND 0-
. day of December . 1996. RDERED POSTED
Approved as to form:
Towfi Attorney
Mayor
STATE OF COIAD_� J
C0UN"TY 0 EAGLE ,1 SS
TO %TN OF AVON j
NOTICE IS HEEREBY GIVEN OF A PUBLIC HEARING BEFORE, THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 9:30 P.M. ON THE 10TH
DAY OF DECEMBER, 1996, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 96-21,
SERIES OF 1996:
AN ORDINANCE ENACTING RULES AND REGULATIONS RELATING TO THE
TOWN'S WATER SUPPLY SYSTEM AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF
A copy of said Ordinance is attached hereto, and is also on file
at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing, the Council may consider final passage of
this Ordinance.
This notice is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 27th day of November,
1996.
TOWN O VON, COLORADO
BY:
Patty Lamb t; CI+�C
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
NOVEMBER 27, 1996;
EAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY;
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY