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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.