TC Res. No. 1996-11TOWN OF AVON
RESOLUTION NO. 96 - 11
Series of 1996
A RESOLUTION AJCIOPTING THE WATER TAP FEE SCHEDULE, WATER
SERVICE CHARGE SCHEDULE AND THE RULES AND REGULATIONS FOR
THE AVON METROPOLITAN DISTRICT WHICH WERE IN EFFECT AT THE
TIME OF ASSUMPTION OF SERVICES BV THE TOWN OF AVON
WHEREAS, the Town of Avon has assumed the provision of water services previously
provided by the Avon Metropolitan District; and
WHEREAS, the Town of Avon desires to provide water service consistent with previous
rules and regulations, policies, procedures and charges of the Avon Metropolitan District
in effect at the time of assumption of services.
NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Avon,
Colorado, that the Water Tap Fee Schedule, Water Service Charges Schedule and Rules
and Regulations for Avon Metropolitan District which were in effect for the District, as
of December 31, 1995, are hereby adopted by the Town of Avon for the administration
of the provision of water services. For purposes of this adoption, references in the Rules
and Regulations to "District" shall be deemed to be the Town of Avon and references to
"Board of Directors" shall be deemed to be the Town Council of the Town of Avon.
ADOP'T'ED THIS DAVOF_--VY\fN-lf 11996.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert J. 4014 iayor
TTEST:
Patty Neyhart,
Town Clerk
"EXHIBIT A"
EFFECTIVE: JANUARY 1, 1995
AVON METROPOLITAN DISTRICT
TAP FEE SCHEDULE
CLASSIFICATION
1) RESIDENTIAL UNIT
Any living unit with a kitchen. A
kitchen being defined as including
but not limited to, hot and cold
water, stove and/or microwave, sink
and refrigerator. Examples:
Residential Condominiums, Townhouses,
Apartments, Duplexes, Triplexes, Lock-
off Apartments, etc. Any commercial
business and/or'facilities in a resi-
dential condominium complex must be
metered by a separate master meter
separate from the residential units.
2) HOTEL/LODGE/MOTEL/LOCK-OFF/
ACCOMMODATION UNIT
Efficiency Room: a single room with a
bathroom and a kitchen. A kitchen
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
without a kitchen) with private access
to a central corridor or the outside.
RATE
$4,000 per unit up to
3,000 sq. ft., plus
$2.00 per sq. ft.,
thereafter; plus $2.00
per sq. ft. for private
swimming pool.
$2,000 per efficiency room
$1,400 per room.
Page 2
Avon Metropolitan District
Tap Fee Schedule
CLASSIFICATION
Restaurants, Bars, Stores, offices and
accessory areas (such as lobbies,
mechanical rooms, convention centers,
ballrooms, auxiliary dining rooms, guest
recreational facilites) 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/Motel/
Lock-off/Accommodation Units. (minimum $6,000)
3) 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, 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
4) WATER METER:
The District shall provide and install the appropriate water meter
required for new structures. The taiterial and labor charges shall
be in addition to the tap fee. A 'pipe spool piece' having the
same.dimensions as the meter will be provided to the contractor
to facilitate testing prior to the District's installation of the
meter.
Page 3
Avon Metropolitan District
Tap Fee Schedule.
5) SERVICE CHARGES (EFFECTIVE JANUARY, 1995 BILLING):
FOR METERED ACCOUNTS:
Base Charge
$12.75 per month per single
family equivalent.
Usage Rate
FOR UNMETERED ACCOUNTS:
$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 District 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-
Roams
Commercial, Industrial 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
0.50 SFE/Efficiency Roo
0.35 SFE/Room
Page 4
Avon Metropolitan District
Tap Fee Schedule
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 beginning in 1994 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 niqht is not occurring. The
customer is responsible for any damage to fire hydrants or fire hydrae
meters, which includes vandalism or freezing. Approval for extension c
use after October 16, "must be requested in writing.
A deposit of $200.00 for 1-inch or smaller meter, or $600.00 for metes
larger than 1-inch is required. Deposit is fully refundable, providec
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 District personnel are allowed to move fire hydrant
meters. Contractor will be subject to a penalty if he/she attempts
to move or alter the fire hydrant meter.
RULES AND REGULATIONS
FOR
AVON METROPOLITAN DISTRICT
as
REVISED
10/20/93
and
Amended By
RESOLUTION NO. 94-4
4/20/94
RESOLUTION NO. 94-7 5/20/94
RESOLUTION NO. 95-4 4/19/95
RULES AND REGULATIONS
TABLE OF CONTENTS
SECTION SUBJECT PAGE
ARTICLE I
GENERAL
1.1 Authority . . . .............1
1.2 Purpose . .1
1.3 Policy .
1.4 1
Scope.. ....................1
1.5 Intent of Rules andRegulations 1
1.6 Amendment .......................................1
ARTICLE II
DEFINITIONS
2.1
Accommodation Unit
...................2
2.2
Applicant
...................2
2.3
Board..
................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
District.,................
...................3
2.10
District 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
Manager
...................3
2.16
Permit
...................3
2.11
Person.. w
...................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
SECTION SUBJECT PAGE
ARTICLE III
OWNERSHIP AND OPERATION.OF FACILITIES
3.1
Responsibilities of District
5
3.2
Liability of District
5
3.3
Rights and Authority
5
3.4
Ownership of Facilities.
5
3.4.1
Ownership of Water Facilities
5
3.4.2
Ownership of Water Meters
6
3.5
Inspection Powers and Authority of
District Agents. .
6
3.6
Modification, Waiver and Suspension of Rules
6
ARTICLE I
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
L}.3 Qe5o 14 -7 . Lull-r Res+rt (Jt CrO ARTICLE y
Vi; 11C , d
APPLICATION FOR SERVICE
e
i y `
5.1
Inclusions
10
5.2
Service Outside District..:.
10
5.3
Application for Service
10
5.3.1
Fire Sprinkler System .
11
5.3.2
Taps Prohibited in Winter
11
5.3.3
Additional Tap Information Requited
11
5.3.4
Reassessment of Tav Fees
11
5.4
Denial'of Application
11
5.5
Cancellation of Application
11
5.6
Moved or Destroyed Buildings
12
5.6.1
Abandoned Service Line
12
5.7
Change in Customer's Equipment, Service or
Use of Property
12
5.7.1
Unauthorized Connection Fee
12
5.7.2
Inspection Required
12
5.7.3
Redetermination of Tap Fees
13
5.8
Unauthorized Connections and Fees
13
5.9
Revocation of Service
13
5.10
Revocation of Tap Rights
14
5.11
Turn-ons/Turn-offs of Service
14
~E-C"ZON SUBJECT PAGE
ARTICLE VI
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
.
ARTICLE VII
MAIN LINE EXTENSIONS
7.1
Compliance with Rules and Regulations 17
7.2
Main Line Extensions by the District 17
7.3
Procedure for Main Line Extension by
the District
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 District... . . .
18
7.4.3
. . . .
Performance and Payment Bonds. .
~
18
7.4.4
Special Structures Designed by
District
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
19
7.5.1
Cost Recovery Agreement
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 District
20
7.5.5
Phased Construction....
20
7.5.6
Executed Agreement Required
20
7.5.7
Eligible Costs
20
7.5.8
Inelibible Costs........ .
20
7.6
. .
Main Line Sizes
20
7.7
Location of Main Line Extensions
ARTICLE VIII
21
8.1
RMES AND CHARGES
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 4......
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 Board
23
8.5
Transfer of Tap Fees
23
8.6
Service Charge
24
8.7
8
8
Amended Tap Fees
24
.
Amended Service Charges
24
8 r
1 0t~
.rac• 44.4
Payment of Service Charges
Penalty for Late Payment.......
24
24
8.
1
Foreclosure, Proceedings /Attorneys I Fees........
25
SECTION SUBJECT PAGE
ARTICLE IX
HEARING AND APPEAL PROCEDURES
9.1
Application...
26
9.2
Initial
Complaint - Resolution..
26
9.3
Hearing .
26
9.4
Conduct
ofHearing. .
~
~
26
9.5
Findings
27
9.6
Appeals
to the Board
27
9.7
Board's
Findings. .
28
9.8
Notice
28
APPENDIXES
per Rex Q,3-44 j Water rate schedule C4,,Lc4 e., b-t L,-:r~ .--t-
t;; •i•~ 3 C Tap fee schedule
C. Service line construction t <<. lath
ARTICLE I
1.1
TiORITY The District is a governmental subdivision of the State of
Colorado and a body corporate with those powers of a
quasi-municiapi corporation, that are specifically granted
for carrying out the objectives and purposes of the
District.
1.2
P POSE The Purpose of this body of Rules and Regulations is to
ensure an orderly and uniform administration of water
operations in the Avon Metropolitan District of Eagle
County, Colorado.
1.3
'VLICY The Board of Directors of the District 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 District.
1.4
SCOPE These Rules and Regulations shall be treated and considered
as new and comprehensive regulations governing the
operations and functions of the District, and shall
supersede all prior rules and regulations of the District.
1.5
of It is intended that these Rules and Regulations shall be
RQLEB'AND liberally construed to effect the general purposes set
$EGUiATIQNS 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
Board of Directors by virtue of statues now existing or
subsequently amended, or under any contract or agreement
existing between the District and any other governmental
entity. Nothing contained herein shall be so construed a:z.
to prejudice or affect the right of the district to secure
the full benefit and protection of any law which is now
enacted or may subsequently be enacted by the Colorado
General Assembly pertaining to the governmental or
proprietary affairs of the District.
1.6
'E it is specifically acknowledged that the District shall
retain the power to amend the Rules and Regulations, with
respect to the District, to reflect those changes determined
to be necessary by the Board of Directors of the District.
Prior notice of these amendments shall not be required to be
provided by the District exercising its amendment powers
pursuant to this Section.
-1-
ARTICLE II
DEFINITIONS
Unless the context specifically indicates otherwise, the
meaninct of the terms used herein shall be as follows:
2.1
ACCOM_ "Accommodation Unit" or "Hotel Room" is one habitable room
MODATION and without cooking facilities.
UNIT
2.2
APPLICANT "Applicant" means any person who applies to the district for
a service connection or service disconnection, main line
extension or other such service agreement, or who attempts
to have real property included within, or excluded from the
District, as the case may be.
2.3
BOARD "Board" and "Board of Directors" mean the Board of Directors
of the District.
2.4
COMMERCIAL
MM/OR
INDUSTRIAL "Commercial and/or Industrial Unit" is.any structure that
UNIT engages ,in commerce, manufacturing, marketing, and/or sale
of services of any kind.
2.5
COMMN "Common Space", as it applies to multi-unit facilitiesI
SPACE 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
CONTRAC~'QR "Contractor" means any person, firm or corporation
authorized by the District to perform work-and to furnish
materials within the District.
2.8
CUSTOM "Customer" means any entity authorized to connect to and use
the Districts water system under a permit-issued by the
District.
-9-
2.9
DISTRICT "District" means the:
- Avon Metropolitan District
2.10
DISTRICT "Distract Engineer" means that person or firm that has been
ENGINEER authorized by the District to perform engineering services
for the District.
2.11
DICEUING "Dwelling Unit" means one or more habitable rooms arranged,
UNIT occupied, or intended or designed to be occupied by not more
than one family with facilities for living, cooking,,
sleeping and eating.
2.12
MICIENCY "Efficiency" or "Studio Unit" is a dwelling unit having one
OR S 1-0 room and one bathroom.
UNIT
2.13
EQUIVAL
"Equivalent Dwelling Unit" or "Single Family Equivalent'
DWELLING
Dwelling Unit" means a use which is estimated to have an
UNIT
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 Supervisor or Manager, shall inspect all water
connections, excavations, installations of and repairs to
the water system and facilities of the District to ensure
compliance with the Rules and Regulations.
2.1-5
"Manager" of the District means the person or entity
retained by the Board to administer and supervise the
affairs of the District and its employees.
2.16
T
"Permit" means.the written permission to connect to or
enlarge the use for the water system of the District
pursuant to the Rules and Regulations of the District.
2.17
P=-ON
"Person" means any entity of any nature, whether public or
private.
2.18
ams AN
D "Rules and Regulations" means the Rules and Regulations
B~GULAT2
OHS of the District, including all amendments and policies as
set forth in the District minutes and resolutions.
2.19
SERVICE "Service Line" means any privately owned and maintained
LINE 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.
-3-
2.20
S11 or
MY
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 li
i
i
ne or
nd
rectly through a
privates main. A stub-out may extend to, but not through
,
the foundation, or exterior walls, or floor of any
structure intended t
b
o
e 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
li
ne or property line into the structure intended to be
served, whether or not actually connected to the structure's
water system.
2.23
TAP
"Tap Fee" means the payment to the District 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 District's water system
and owned by,the District. Unless otherwise provided by the
Board, a water main shall be six inches (611) or more in
diameter.
2.25
WATER SYSTEM
"Water S
stem" means an
t
i
y
y wa
er-- ma
n line, appurtenances,
accessories or portion thereof owned and maintained by the
District.
2.26
APLY
T
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.W.S.A.
,
latest editions.
-4-
Notwithstanding the above,
C.41C prcarjerty yr Lne District • 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 Authorized employees of the District, bearing proper
PO AND credentials and identification, shall be permitted to
AUTHORITY enter upon all properties at all reasonable times for the
OF DISTRICT purpose of inspection, observation, measurement, sampling,
AG TS 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 Manager may result in a
findings 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
wAiv~x AND The Board or the Manager, acting on instructions of the'
~SP ~QII Board, shall have the sole authority to waive, suspend, or
OF RULES modify these Rules and Regulations, and any such waiver,
suspension or'modification must be in writing, signed by the
Board or the Manager. Such waiver shall not be deemed an
amendment of the Rules and Regulations. No waiver will be
deemed a continuing waiver.
-6-
ARTICLE IV
USE OF WATER SYSTEM
4.1
UNAUTHORIZED
TAMP ING
WITH SYSTEMS
4.2
USE OF
WATER SYSTEM
No unauthorized person shall
rrom the District. Unauthorized uses of or tampering with
the District'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 MA TCIOUS_DAMAGE TO SYSTEM No person shall
maliciously, willfully, or negligently, break, damage,
destroy, cover, uncover deface or tamper with any portion of
the District's system.
constitute a perpetual lien upon the violator's property, as
allowed by Section 32-1-1001, C.R.S., as amended, or a
perpetual lien upon the property concerning which the
violator was providing services at the time of the violation
in question, whichever the Manager deems appropriate: See
Article 5.8 regarding unauthorised connections.
snail notify the District prior to any e
to the service or use of the property se
and upon any change of ownership of said
a
Service lines shall h
Rules and Regulations.
The customer
Sion or addition
by the District
cons
District. If satisfactory progress toward repairing said
leak has not been completed within the same time period, the
Manager- shall shut off the service. until the leaks or breaks
have been repaired; in addition, the District 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, as provided for by
C.R.S., 32-1-1001.
-7-
4.1 3 VIOLATORS PROSECUTED Any person who shall violate
the provisions of this Section 4.1 shall be prosecuted to
the full extent of Colorado law.
4-2•2 CFOSS CONK CTION 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 Na ST_OP 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 cover 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 District 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 REQUIEM.- No connection shall be made to
the District'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 District. The
District sha l 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
District office if his water meter is operating defectively.
If any meter is suspected to be defective, the District
shall diligently pursue repair or replacement of said
meter at the District'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.
Nothwithstanding the customers responsibility to notify the
District of suspected defects, the District 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 District 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 District 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 unmetered rate.)
-R-
The customer shall be given a second notice, by first-class
mail, that the District 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 District may disconnect the water service and
charge the customer the base water rate while the service is
disconnected. (See APPENDIX "A" 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 PRFSSURE~BZDUCING 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 permission from the District.
4.2.8 FIRE HYDRANTS. It shall be unlawful for any person to
operate District valves or fire hydrants without prior
authorization by the District; any,law enforcement officer,
personnel,of the District or of a fire department is hereby
authorized to confiscate any hydrant wrench or valve
shut-oft key found to be used without District
authorization.
4_.2.9 CLEARANCES 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 (41) clearance on back, and a ten foot (101) clearance
in front of fire hydrants.
4.2.10 PYRE H MANT 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 drinking purposes
at anytime. If the water is to be used for lawn irrigation,
the customer shall provide a backflow device. Only District
personnel are allowed to move fire hydrant meters.
Contractor will be subject to a penalty if he attempts to
move or alter the fire hydrant meter. (See APPENDIX A for
deposit, installation, relocation, and user fees.)
-9-
4.3
WATER USE
RESTRICTIONS
4.3.1. RESTRICTIONS ON WATER USE. Water shall be
used only for aneficial purposes and shall not be
wanted. 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 I. 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 immediato threat to the water supply.
During a Level 2 water restriction period, water
use shall be limited to in-home use.
b. Level, II. Level II water restriction
shall be effective during period's 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 an 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 supply of
water not adequate to the demand. During a Level
III water restriction period, irrigation shall'be
limited ; as follawa :
i. For properties having an even,number address.
from10:00 P.M. to 6:00 A.M. commencing on Sunday,
Wednesday and Friday of'each week,
ii. For properties having an odd number addrress,
from 10:00 P.K. to 600 A.M. commencing on
Tuesday, Thursday and Saturday of each week.
iii. Provided, that newly sodded lawns may be
SENT BY:Xerox Tel ecopier 7021 -~2-:4 ~9H~d ;C:.~ti%3P_~:1.r~►Cn=c:5T1.~ ~G ~ y~y ~1 i9 3
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-off 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.
.-Determination of periods of Water
iction. Periods of water restriction
be determined as follows:
a. Level I. The Manager shall awake any
determination of a Level I period of water
restriction. Any determination of a Level.I
period of water restriction shall immediately be
reported to the Hoard of' Directors of the
District, and notice thereof and of the
restrictions imposed shall be publicized by radio
and newspaper as expeditiously an possible. Such
pariod'of restriction shall continue no longer
than necessary and in any event no longer than
until the next .regular meeting of the Hoard of
Directors and thereafter may be continued by the
Hoard and notice given-as hereinafter provided.
b. Levels ii and_Ill. The Board of Directors
shall make any determination of a Level 11 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 District and further posted in at least
threw public places within the District. such
publication and posting shall continue until the
period of restriction is terminated.
4.1.4. 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. Mechan4cal Devices. The District may
require, at ® customer's expense, that seals or
other mechanical devices be attached' to any water
using system in or about promises served by the
District in order to detect any unauthorized use
of water from that system. Such seals or
mechanical devices may be inspected by agents of
3Uj y4y
SENT BY:Xerox Telecopier 7021 : 5-12-94 8:39AM :DUNNA8ALANALPCHRI8TN-
r '
the District at any reasonable time upon
reasonable notice to the person in charge of the
property served.
A
ARTICLE V
TION FOR SERVIC
5.2
INCLUSIONS Service will be furnished subject to the District's Rules
and Regulations and'only to property included within and
subject to the Rules and Regulations of and taxation by the
District. It shall be incumbent upon the applicant to
furnish satisfactory evidence of inclusion whenever such
evidence is requested by the District. Satisfactory
evidence shall consist of tax receipt, or certification in
lieu thereof, received from and signed by the County
Treasurer. A person owning land within or without the
exterior boundaries of the District who desires service must
include all of his land serviceable by the system contiguous
to the parcel on which service is desired into the District.
A formal request for inclusion-within the District shall be
made to the District, on its standard form, by the
applicant, accompanied by a non-refundable payment of
$1,000.00 for legal fees and the estimated costs of
publication. Any additional costs or legal fees which may
occur shall be assessed and paid prior to approval of
inclusion by the Board. Until paid, such costs and fees
shall be a lien upon the property in question. The final
decision of inclusion shall be at the sole discretion of the
Board.
6-2. -
RCE No service shall ever be provided to property outside of the
9= TDF-.M_,Z District, except upon the express written consent of the
DISTRICT District. Charges for furnishing service outside of the
District shall be at the discretion of the Board of
Directors, but no service shall be furnished to property
outside of the.District unless the charge therefore 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 District. In every case where the
District furnishes service to property outside the District,
the District reserves the right to discontinue the service
when, in the judgement of the Board of Directors, it is in
the best interest of the District to do so.
APPLICATION Application for service must be filed with the District on
FOR SERVICE forms provided by the District and accompanied by
appropriate fees prior to any action to connect to the
system. Only upon authorized approval of the application
and a receipt therefore 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.
-10-
5.3.1 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 approvaliof
the District. All fire sprinkler systems shall meet NFPA
requirements and additionally shall meet the requirements of
all applicable City, County and State building and fire
protection codes. If a water sprinkler system for lawn
irrigation is to be used, it must be metered.
5.4
DENIAL- TION _OF
APPLIC
5.5
~'3id[!FT.T.~TTAf~T
APPLICATION
5.3.3 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.
5.3.4 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 District
shall have the right to reassess the tap fee originally
charged at the rate current to the discovery by the District
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.
The District reserves the exclusive right to deny
application for service when, in the opinion of the Board,
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 District and
the applicant, inadequate documentation of easements for
main lines serving.the property, or any other reason as
determined by the Manager.
The District 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.
-11-
5 . +6
MOVED OR
DESTRO
E
When a building is moved or destroyed, the original tap
Y
D
BUILDING
authorization shall remain, provided that a written request
is made,to, and approved by the General Manager prior t
o
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
G'
No expansion of or addition to the customer's service or use
CUSTOMERS
.
of property served shall be made without the prior
EQUIPMENT,
notification of an approval by the District. Any such
SERVICE OR
change which, in the opinion of the District, will increase
USE--OF
PRQPER'[+v
the burden placed on the District's systems by the customer
shall
i
requ
re 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 MUgEMQRIZED CONNECT1 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 District shall take those steps
authorized by these Rules and Regulations, and the Colorado
law regarding the collection of said fees. (Also, see A.,.J
Unauthorized Tampering with Systems.)
5.7.2 INSPECTTON 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 District, and shall be afforded twenty (20) days from
the date upon which the notice is mailed ih which, to respond
to the District's notice. Any-response by the cstomer must
include permission to make such inspection of the property
in question as the District 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 District discontinuing service to the
property.
_1?_
5.7.3 REI)ETERYKINATION OF TAP FEES Inspection shall be made
of the property in question. Following inspection, the
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
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
UNAORIZED No person shall be allowed to connect onto the water system
CONNECTIONS or to enlarge or otherwise change equipment, service or use
AN12 FEES of property without prior payment of tap fees, approval of
application for service, and adequate supervision and
inspection of the tap by District 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
District's costs associated with such unauthorized
connections.
5.9
REVOC~iT20N Service shall be revocable by the District upon nonpayment
OF SERVICE of any valid fees or charges owing to the District. 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 District,
and the manner in which the District maybe 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 District within twenty (20) days of the date of mailing
of the revocation notice, the 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.
-13-
5.10
REVOCATION The right to connect the District's system and receive
OF TAP services under Section 5.3 above, shall be revocable by
RIGHTS the District upon nonpayment of any District fees owing'
to the District 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 District's system.
Such revocations shall be conducted in accordance with
Section 5.9, above. If the right to connect to the
District's system is revoked, the customer may reacquire
such tap right only by reapplying for service in accordance
with Section 5.3, above, and after paying all fees due and
owing the District and the then-current tap fees charged by
the District under these Rules and Regulations.
5.11
TURN-ON9L All turn-ons and turn-offs of water service through a
TURN-OFFS shut-off valve on a service line that has`been connected
OF SERVICE to the District's water system pursuant to a written permit
issued by the District shall be performed only,by District
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 District,shal_l
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
All other requests for a turn-off or turn-on of District
service may be granted or denied by-the Manager in the
Manager's sole discretion.
-14-
ARTICLE VI
CONSTRUCTION OF SERVICE LINES
6.1
COMPL AXC_E The requirements of these Rules and Regulations, and
WITH RULES Appendix C, attached hereto, are applicable to the
M-D construction of all service lines.
REGULATIONS
6.2
INSPECTION All taps shall be made by the District or its authorized
MD representative and all service lines shall be inspected
TAPPING by a representative of the-District. All water service
CHARGES lines are to be tested under normal operating pressure.
Constructors of service lines shall call the District 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 Board. Further
information regarding inspections and the charges for
inspections may be obtained at the Manager's office.
6.3
SEPARATE A separate and independent service line shall be provided
SERVICE for every building, and shall be installed at the expense
LINES of the property owner. There shall be one water meter
REQUIRED 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 Board 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 District shall bill the
association for service charges assessed by the District 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
District to terminate service.
6.4
CONSTRUCTION The contractor shall notify the District when the service
line is ready for inspection and connection to the
CONNECTION District's main. One working day notice is required. The
connection shall be made to the main by contractor approved
by District and shall be observed by District Personnel.
All contractors, plumbers, and others doing work on any
main, service lines, or structures in the District shall
comply with County, State Highway Department, or local
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 District, prior to the start of
construction.
1 G
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 prolperty disturbed in
the course of the work shall be restored in a manner
satisfactory to the District. All daily inspection fees on
water service line construction required by any governmental
agency, including the District,- shall be paid by the
plumber, contractor, or others doing,work for the District.
-16-
ARTICLE V
MAIN LINE EXTENSIONS
7.1
COMPLIANCE Main line extensions shall comply with the requirements
WITH RULES of these Rules and Regulations and District's standard
DD specifications for water line construction.
REGULA_TION,J
7.2
MAIN LINE The District has the right to construct all main lines
EXTENSION$ within the District. Developers who desire to construct
BY THE such main lines prior to the date planned by the District
DISTR„ for their construction may do so as provided in Section 7.4
herein.
7.3
PROCEDURE The District may construct any main line if the Board
FOR MAIN deems it in the best interest of the District to do so.
LINE All main line extensions which are so authorized shall
EXTENSION be bid, as provided by State law, and contracted for by
BY THE the Board, with the constructor installing the main lines
DISTRICT being. responsible to the Board. The District, 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 PERMgMANCE BONDS AND ONE YEAR W&POU TY. Pursuant to
C.R.,S., Section 38-26-105 and -106, as amended, performance
and payment bonds equal to the contract price at a minimum
shall be furnished to the District by the constructor on all
construction contracted by the District. All main-lines
constructed shall be accepted by the District upon
completion of construction, subject to one-year warranty
period during which the constructor shall promptly, without
cost to the District, correct any defective work. All daily
inspection fees required by any governmental authority,
including the District, shall be paid by the constructor.
Constructors who have completed construction of main line
extensions shall, before the main lines are accepted by the
District, deed the main lines and all appurtenances to the
District free and clear of all liens and encumbrances, and
furnish to the District 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
District. Prior to the acceptance of the main lines by the
District, the Constructor shall provide to the District
reproducible as-built drawings including water service
stubout locations, valve and fire hydrant locations,
and easements.
-17-
7.4
AWOCEDUR. The District has no obligation to extend any main line.
FOR MAIN In the discretion of the Board, the Board may permit an
LINE applicant to construct, at the sole expense of the
EXTENSION applicant, main lines prior to their construction by the
RX District. The applicant shall enter into a written main
AEVELOPERS line extension agreement with the District prior to
proceeding with any extension.
7.4.1 1~2PLICATIO11 FOR APPROVAL All applicants desiring to
construct a main line within the District shall first make
formal application to the Board 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 District in its discretion. The staff shall
then submit the recommended planst with appropriate
documentation, to the Board for final approval. Said plans
shall be reviewed for compliance with the District'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 DISTRICT. Prior to the execution of
the main line extension agreement with the District,
applicant shall deposit with the District An amount
sufficient to compensate the District for engineering fees,
legal fees, and other costs, except direct construction
costs, anticipated to be incurred by the District as a
result of the application and the construction of the main
line.
7.4.3 PERFORMANCE ACID PAYMENT OF BONDS. All contracts
entered into by applicant for construction of any part.of a
main line shall be assignable to the District. All such
contracts that an applicant proposes to assign to the
District shall include performance and payment bonds to be
issued by the contractor to the District pursuant to C.R•S.,
Sections-38-26-105 and -106, as amended. Said bonds 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 District,
County , and State specifications. All main line extensions
within the District shall be made under the supervision of
the District engineer at the applicant's expense.
Similarly, all daily inspection fees on mains required by
any governmental agency, including the District, shall be
paid by applicant. Such costs may be subject to cost
recovery if so designated in the cost recovery contract.
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 District engineer or such other
engineers as may be approved by the Board.
-13-
7.4.5 OVERSIZING OF MAIN LIMES The applicant shall be
responsible for oversizing"main line extensions as required
by the District, at the District's expense, subject to
future cost recovery by the District from future extendors.
Specifically, a future extendor may be required to reimburse
the District the cost of oversizing, including reasonable
interest, upon connecting a further extension.
7.4.6 11)OCUMENTATTON REOUIRED Applicants who have completec
construction of main lines shall, before the main lines.are
accepted by the District, deed the main lines and
appurtenances to the District free and clear of all liens
and encumbrances, and furnish to the District bonds which
shall cover all-maintenance for one (1) year from the date
of acceptance of the main lines by the District. Prior to
the acceptance of the main lines by the District, the
applicant shall provide the District 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 District. The
District shall, in its sole discretion, determine when
reimbursement may be made for main line extensions.
7.5_ In the Avon Metropolitan District's.sole discretion
RECOVERY reimbursements or cost recovery payments, as provided by
Or COSTS contracts, may be made at such times and in such amounts as
the District may determine. Applicants who desire to
construct a water main line or water main line extension
within the District may, in the sole discretion of the
District, recover a, portion of the costs expended by the
Applicant in constructing such lines, in accordance with
with this section.
7..5.1 COST RECOVERY AGREEMENT Applicants seeking cost
recovery payments shall, prior to constructing the main line
(s) for which recovery is sought, execute a Cost Recovery
Agreement with the District which, subject to these Rules
and Regulations.-shall establish the terms and conditions
under which such Cost Recovery Payments are made.
~ . ~ " Q . ■ •r WO e^ZArarrQ - UJLnZU UU145ZJKU TTnrr 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.
. a . L1MIWATION OF FAYKENTS - 50V OF TAP FEES All Cost
Recovery Payments made by the District to an Applicant shall
be paid out of those amounts received by the District 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 othe main
lines off the line constructed shall not give rise to
additional tap fee recovery rights.
-19-
7.5.4 PMMENTS MADE AT DISCFtETIOId OF DISTRICT All Cost
Recovery payments shall be made at such times and in such
amounts as the District, in its sole discretion, shall
determine. No taps may be made onto such-main line until
said main has been accepted by the District, unless by
special written arrangement with the District.
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
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 commence, applicant and District 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 District's
possession; and all terms and conditions contained in the
Cost Recovery Agreement must have been met.
7.5.7 ELIGIBLE CogS` 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 District in its sole discretion.
2. If the District 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 District 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
Board. The purpose and intent of this provision is to
prevent abuse of the cost recovery system.
3. Costs of repairing water mains is not allowed; the cost
of repair, particulary within the warranty period,
shall not be a recoverable cost. This section does not
include costs of duly authorized change orders.
IN LINE The size of the main line required to serve any area served
by the District shall be determined by the District.
-20-
7.7
LOCATIoNs Main lines shall be installed in roads or street rights-
OF FAIN of way, as well as in easements granted to the District.
LINE Where required, facilities must cross land not being
EXTENSIONS subdivided, or where such land is under the applicant's
control for the granting of publ.ic'rights-of-way, each
applicant who desires service will, in consultation with,
and with the approval of the District, plat and grant to the
District appropriate rights-of-way and easements in which
will be constructed such faciiites.
The District shall maintain sole discretion over the
location of any main line extensions, including control
over any parallel lines.
-21-
ARTZCLE VIII
SATES AND CHARGES
8.1
GENERA?•
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
i
i
rema
n
n effect until modified by the Board under
the
i
i
prov
s
ons of these Rules and Regulations, and under the
applicable statutes of the State of Colorado. Nothing
contained herein shall limit the Board from modifying rates
and char
es
o
f
g
,
r
rom modifying any classification.
8.2
APPLICATION
OF TH15
The rates, charges, and other information shown herein
sh
ll
"TICLE
a
apply only to customers inside the District, and shall
in no way obligate the District with respect to services
provided outside the District boundaries.
8.3
CLASSIFICA-
TION OF
For the purpose of levying fair, reasonable, uniform, and
it
CUSTOMERS
equ
able charges, the following classifications'and related
definitio
ns are provided:
8.3.. FSTDE IAL UNIT. Any living unit with kitchen,
including single-family houses, duplexes, residential
condominiums,.townhouses and apartments, but excluding
hotel/lodge/motel units
d
an
units approved for time-share
sales.
8.3.2 HOTS . _ I,fsDGE, 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.
8.3.3- COMMER _raT. _ INDUS"rRSa►r 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 District.
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 "B";
provided, however, that:
8.4.1 PREPAID Tap FEES Tap fees may be prepaid, and tap
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
-22-
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 Manager of the
District of those factors to the facts and circumstances
surrounding the application.
8.4.3 DISPUTED TAP APPLTCATTON HEARING BEFORE THE BOARD.
If any application, in the opinion of the Manager, does not
properly reflect the nature and use of the structure to
carry out the purpose of Appendix "B", then:
a. The Manager shall report said opinion and the facts
supporting the same to the Board of Directors;
b. The Board of Directors shall, upon receipt of the
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 Board
to determine the facts and circumstances surrounding
the application. The Board shall hold a hearing in
accordance with the-notice provided, and shall hear
any person who may wish to come before the Board to
provide the Board with information concerning the
facts and circumstances surrounding the
applications.
c. After hearing all who come before it at said
hearing, the Board 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 Board shall assess the tap
fee that is appropriate for the applicant, which tap
fee shall be collected in accordance with these
Rules and Regulations and the laws of the State
of Colorado.
8.5
TRANSFER OF No tap,fee paid on behalf of one property, or any portion
TAP FEES thereof, may be transferred to any other property unless:
- 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 District and has previously
maintained a good credit with the District.
8.5.3 - The property to which the tap fee initially applied
has never been connected to the Distri.ct's'system.
8.5.4 - Taps may be transferred.on Single Family Equivalent
(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 District.
8.6
SERVICE Service charges shall be as reflected in the Schedule of
CHARGE Fees and Charges, attached hereto as Appendix "A". Service
charges will begin when water service is turned on to the
building.
8.7
AMENDED In those situations where a.prospective user applies for a
TAP FEES permit for service to a structure or use not defined in the
preceding Article; or where, in the Board's opinion, said
structure represents a classification not contemplated in
the establishment of the previously defined tap fee, the
Board shall, in its sole discretion, establish a fair,
reasonable, and equitable tap fee for said structure.
8.8
AMENDED In those situations where, in the Board's sole discretion,
SERVICE the service charges shown in the previous Articles do not
CHARGES represent a fair, reasonable, and equitable charge for the
intended use, the Board, in its sole discretion; may adjust
said rates.
8.9
PAYMENT OF It is the policy of the District to bill all monthly
SERVICE service charges in arrears.
CHARGES
When a condominium or homeowners' association exists for a
number of units receiving service from the District, said
association shall receive an invoice for all units serviced
by the association.
In no instance shall the District bill individual owners
within multi-unit project without separate meters, curb
stop, shut-off valves, and service lines. The District
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 District 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 District of
the presumed error, and request a clarification from the
Manager. Upon review by the 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.
-24-
8.10
PENALTY At any time the customer is 30 days past due in payment of charges due
FOR LATE the District, the District shall assess an interest rate of one percent (M)
PAYMENT 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. The customer will be notified on their bill when they
are 30 days past due. If the charges become 60 days past due the customer
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 District must be paid
in'full to return water service to the customer.
The District shall assess to any customer who is past due in payment of his
account, all legal, court, disconnection, and other costs necessary to or
incidental to the collection of said account.
Revised Resolution 94-4 -24(a)-
-vai ~-&c~sv'si- }n-
8 .'1.1
FORECLOSURE At any time it becomes necessary after other efforts
FROCEEDING51 (letters, posted notices) to collect delinquent payments of
AA=ORNEY"S any fee or charge imposed by the District under these Rules
FEES and Regulations and/or Colorado law, the District may then
initiate,foreclosure proceedings as provided for by C.R.S.,
Section 32-1-1001 (1) (j), as amended. All of the
provisions of these Rules and Regulations to,the contrary
notwithstanding, all customers/users of the district 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
District shall commence a foreclosure action or proceedings
to collect any payments of whatsoever nature due and payable
to the District, then in said event the pa-rty 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 ta;: us 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 real
property, must also be paid as a pre-condition to the
resumption of service to the subject property.
-25-
ARTICLE IX
HEARING AND APPEAL PROCEDURES
9.1
APPLICATION
9.2
INITIAL
COOMPLAINT-
RESO UTIOH
9.3
HEARING
9.4
CONDUCT- Or
HEARING
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 District, 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
District'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 District, or contracts related
thereto.
Complaints concerning the interpretation, application, or
enforcement of Rules and Regulation of the District must
be presented in writing to the Manager, or such
representative as he may designate. Upon receipt of a
written complaint, the Manager or his 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.
In the event the decision of the Manager or his
representative is deemed unsatisfactory to the complainant,
a written request for hearing may be submitted to the
Manager, or such hearing officer as the 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 Manager or hearing officer
shall conduct a hearing at the District'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.
At the hearing, the Manager or
preside. The complainant and
District shall be permitted to
complainant may be represented
or by legal counsel.
heating officer shall
representatives of the.
appear in person, and the
by any person of his choice
The complainant or his representatives and the District
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 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 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 Manger 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 In the event the complainant disagrees with the findings and
THE BOARD Order of the Manager or Hearing officer, the complainant
may, within twenty (20) days from the date of mailing of the
findings and Order, file with the District a written request
for an appeal thereof to the Board of Directors. 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
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 Manager of
District may wish to submit in response to the written
request for appeal.
The Board 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 Board. 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
Board of Directors.
-27-
9.7
BOARD'S The Board of Directors shall make written findings and an
FINDINGS Order concerning the disposition of the appeal presented to
it and shall cause notice of the decision to be sent by
certified mail to the complainant within ten (10) days after
the hearing. The Board of Directors shall not reverse the
decision of the Manager or hearing officer- unless it appears
that such decision was contrary to the evidence made
available: at the hearing.
9.8
PTICE A complainant shall be given notice of any hearing before
the Manager, the hearing, officer, or before the Board of
Directors, 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.
-28-
APPENDIX C
SERVICE LINE CONSTROCrId
STANDARDS Prior to service line construction, the constructor shall
EQR SERVICE familiarize himself with the District standards' and
LIH= specifications. The owner or consructor shall obtain
approval for the location of the service line and submit
appropriate sets of site and mechanical plans and inform the
District'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 District prior to the start
of construction.
EXCAVATIQN 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 District's standards and specifications. No
excavation shall remain open for more than forty-eight (48)
hours and all District mains are required to be covered
overnight.
Where a street-cut is required, the contractor shall rebuild
the roadbase in accordance with applicable city, county, 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 District.
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 District that a backfill is hazardous, he
shall correct such hazardous conditions at once.
The District's
onto the Distr
building water
the service is
main. All tap
make a tap.
representative is authorized to make taps
ict's water mains.. The applicants of the
service permit shall notify the District when
ready for inspection and connection to the
fees must be paid before the District will
INSPECTIONS The applicant for the water line service permit shall notify
the District 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 District's representative, who shall have
the authority to halt construction when, in his opinion, the
District's Rules and Regulations for proper construction
practicer are being violated. Whenever any such violations
occur, the District's representative, shall, in writing,
order further construction to cease until all deficiencies
are corrected. No service lines shall be covered without
the District's representative's 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 Alignment of the water service line shall be located so as
SERVICE to take the shortest, most direct route, preferably
LINES perpendicular to the main to the building. All water
services lines shall have a minimum cover of eight feet
(81). 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 District 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 stow control
valve located at the property line, or as otherwise approved
by the District with easy access to the District. 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 (100').
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 Vater meter before water is turned on. Water meters shall
be provided and installed by the District. 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 (5001). All water
meters and remote readouts shall be inspected by the
District'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 clue to high water pressure (i.e. PRV), and other
physical. damage.
PRESSUR' REDUCING VAS Individual pressure reducing valves
are required on all-water service lines and shall be located
upstream from (ahead of) the water meter.
$ACKFLOrif PREVENTION Backflow prevention devices are required
on all facilities where required by the Colorado bepartment
of Health. All devices will be inspected and certified as
working properly every year by a certified inspector.