Water - 13.04

1. “Dwelling” means a building or structure designed or used as the living quarters for one or more families and shall include mobile homes and recreational vehicles but not motels, hotels, or rooming houses.
2. “Dwelling unit” means one or more rooms providing complete living facilities for one family, including equipment and facilities for cooking and room or rooms for living, sleeping, and eating.
3. “Family” means a single individual, or a collective body of persons living together in a domestic bond, occupying a dwelling unit.
4. “Hotel, motel” means a building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests, and where kitchen and dining facilities, if any, are provided at a common location within the building or in an accessory building.
5. “Non-residential unit” means each twelve hundred (1200) square feet of floor area in any building or structure used for purposes other than for a dwelling. Floor area includes all areas primary to the functioning of such use and excludes stairwells, hallways, corridors, dead storage, and space occupied by heating, air-conditioning and other utility equipment.
6. “Plant investment fee” means a share of the capital cost of the water treatment plant and water distribution system.
7. “Rooming house” means any dwelling in which more than three (3) persons, either individually or as family, are housed or lodged for hire, with or without meals. A boarding house or furnished room house shall be deemed a “rooming house”.
8. “Surcharge” means a share of the costs of a water transmission line in the size necessary to serve the property to which the line is extended, levied on the basis of dwelling or non­residential units presently or potentially to be connected to said line where it passes by or through properties of others, and collected at such time as connections are sought to said line.
9. “Water service line” means the water line from the water transmission line to the building, structure, or use served.
10. “Water transmission line” means the water line to which taps for service lines are made.
11. “Potable water” means water treated and supplied to federal Environmental Protection Agency and State Department of Health Standards by the Town.
12. “Cross connection” means any connection or potential connection between the potable water supply and a source of pollution, contamination or water not supplied by the Town.
13. “Backflow prevention device” means one of several devices that are designed to prevent the backflow of pollution or contaminants into the potable water system and approved by the American Society of Sanitary Engineers (A.S.S.E.) and approved by the Town.
14. “Certified inspector and/or tester” means a person certified by the State Department of Health and acceptable to the Town to inspect, test, and repair backflow prevention devices.

There shall be within the plan of administrative organization as proposed by the Town manager and approved by the Town council provision for such departments and officers as may be deemed necessary for the proper operation of the public water utility.

The Town council shall establish policies for the operation of the public water utility, including adoption of charges, rates, rules, and regulations, and shall hold the Town manager responsible for the prudent, efficient, and economical management of the public water utility.

Whenever in his judgment the Town manager deems it necessary, he may inspect the premises or building of any water consumer for the purpose of examining the condition of all pipes, motors, meters, backflow prevention devices, and water fixtures, or the manner in which the water is used. He shall be vigilant to protect and remedy all abuses and cross connections, whether from waste or other improper use of water.

Forms and fee schedules shall be available to an owner, or agent of an owner, seeking a new water service. Such forms shall show the premises to be served or benefited by the particular service. The Town manager may promulgate such rules and procedures, as he deems necessary to implement this section. Application for new water service shall be made by the owner of the property to be served, or his duly authorized agent.

1. Upon an application for a new tap and service connection by any owner within the Town limits, the Town may, at the option of the Town manager, authorize such tap to be made either by the Town or by a plumbing contractor licensed by the state and retained by the owner. If the tap is to be made by the Town, the owner shall pay to the Town, upon application, a minimum tap fee established by resolution of the Town council to be applied towards the cost of labor and materials, including a meter corporation cock, tapping saddle, tubing fittings, curb box, and pipe from the main to the curb box. Should actual costs exceed such sum, the applicant shall pay said fee before the water is turned on. If the tap is to be made by a plumbing contractor licensed by the State and retained by the owner, such contractor shall obtain at cost from the town a meter and fittings. He shall submit a sketch of the service connection, and upon its approval by the town manager, he shall proceed with installation in accordance with standard specifications of the Town for water service connections and any applicable regulations, procedures, or conditions as may be established by the Town manager.
2. Within Town limits a plant investment fee shall be paid to the Town prior to the issuance of any certificate of occupancy for new buildings or structures or expansion of existing buildings or structures. Expansion shall not only mean physical expansion of a building or structure but also conversions from one use to another and expansion of existing uses within a building. Such fee shall be calculated at a rate of seven hundred dollars ($700) per dwelling unit or non-residential unit.
3. Outside Town limits plant investment fees shall be paid at the time a tap is applied for, or, in cases of existing taps, when new buildings or expansion of existing structures or buildings become known to the Town manager. Failure on the part of the owner upon notification to pay such fees may result in discontinuance of water service.
4. Tap fees and plant investment fees outside Town limits shall be twice those charged within Town limits except that in-Town fees shall apply when an owner of property to be served has submitted a petition for annexation as provided in Section 13.04.070 Services outside Town limits of this Chapter. If no such petition is submitted, the Town makes the tap, and actual costs exceed the sum of eight hundred dollars ($800), the applicant shall pay such excess costs before the water is turned on.

1. The following shall pertain to all water services connected to the Town potable water distribution system.
   1. The authority and requirement to implement a cross connection control program is contained in the following legislative actions: Safe Drinking Water Act 1986; Occupational Safety and Health Administration safety and health standards (29 CFR 191, subpart J); Colorado state laws and regulations (a) C.R.S. 25-1-114, (b) C.R.S 25-1-109, (c) C.R.S. 25-1-112, (d) Colorado Primary Drinking Water Regulations, Article 14, Hazardous Cross Connections; Uniform Plumbing Code (1991 Edition), Section 1003 Cross Connection Control and Hot Tub Code (1985 edition); Uniform Solar Code
   2. The “Colorado Cross Connection Control Manual” (1993 or latest edition) shall serve as the regulations and guidelines for the Town cross connection control program.
2. General requirements:
   1. Plans for the construction of commercial, industrial, and residential buildings and facilities must be submitted for approval of backflow prevention devices, size, location and type.
   2. Existing buildings and facilities connected to the potable water system shall be surveyed by the Town utilities department for possible cross connection and degree of hazard determination within one year of adoption. Requirements for backflow prevention devices shall be at the discretion of the Town under the guidelines of the Colorado Cross Connection Control Manual.
   3. All costs involved for the purchase, installation, and subsequent testing shall be the responsibility of the owner of the building or facility.
   4. All backflow prevention devices must be inspected and tested immediately upon installation and annually thereafter. Written reports of inspection and tests, in approved format, shall be forwarded to the Town utilities department within five (5) days of the inspection and/or test.
   5. All inspectors and testers shall be certified as “cross connection control technician” by the Colorado Department of Health or certified by the American Society of Sanitary Engineers (A.S.S.E) and approved by the Town.
   6. All irrigation systems, residential or commercial, connected to potable water shall have approved backflow prevention devices.
   7. All boiler systems, residential or commercial connected to potable water shall have approved backflow prevention devices.
   8. All “cottage industries” in residences are subject to survey and requirements for backflow prevention devices.
   9. Owners of residences, buildings, or facilities will be given thirty (30) days in which to comply with this ordinance. Non-compliance or refusal to comply shall result in immediate discontinuance of water service. 
   10. Installation of backflow prevention devices shall be in accordance with the Colorado Cross Connection Control Manual and approved by the Town. 
   11. All vehicles, tank equipped, used to haul water must have an approved air gap or be equipped to fill through a reduced pressure backflow prevention device. Such vehicles are subject to inspection at least annually and may be subject to inspection at any time they are filling from a potable water source. Commercial carriers using an air gap for protection must have an air gap certification affidavit from the Town in the vehicle at all time potable water is being hauled.

The following terms and conditions shall apply to water service lines within Town limits:

1. No more than one building or property under separate ownership or proposed to be under separate ownership shall be permitted to utilize one water service line.
2. No water service line shall be more than one hundred fifty (150) feet in length without the prior approval of the Town council.

Pursuant to section 31-35-402 C.R.S., the Town is authorized to provide municipal water service outside Town limits. The same terms and conditions shall apply to water service lines outside Town limits as within town limits, with the following exceptions and additional requirements:

1. The owner of any property to be served shall execute a standard agreement for the provision of municipal water service beyond the limits of the Town, such agreement providing, among other things, that the owner shall be bound by all rules, regulations, and provisions of this Code relating to the water utility.
2. The owner of any property to be served that satisfies statutory criteria for annexation and is located within the Town annexation area as recommended by the planning and zoning commission and approved by the Town council shall submit a petition for annexation of said property acceptable to the Town manager.
3. The owner of any property to be served that does not immediately satisfy statutory criteria for annexation but which is located within said annexation area shall execute a pre-annexation agreement acceptable to the Town manager calling for annexation at such time that said criteria are satisfied.

The Town council may authorize as part of a subdivision approval or as a separate project the extension of a water transmission line by an owner at his expense, such line proposed to serve his property, after consideration of the recommendations of the Town manager and the planning and zoning commission. The Town council may require, after consideration of the recommendations of said manager and said commission, an owner to extend a water transmission line if the Town council finds it would not be in the public interest to allow a water service line to be extended or installed to serve his property in a particular instance.

In the event an owner is authorized or required to extend a water transmission line, he shall execute with the town a Water Transmission Line Extension Agreement as approved by the Town council, such agreement to include, among other things as determined by the Town council, the following requirements:

1. Minimum size of the line shall be six (6) inches.
2. Materials and installation shall be in accordance with standard specifications approved by the Town council.
3. Line shall be run to the furthest point on the property or to a point, which will allow reasonable extension of the line in the future.
4. Payment shall be made by owner to the Town of three per cent (3%) of the costs of such line as an inspection fee.
5. Dedication by the owner shall be to the Town upon its acceptance by the Town, including any rights of way required by the Town.
6. Execution by the owner of a Standard Agreement for the Provision of Public Water Service beyond the Town limits, if applicable.

At the option of the Town council, a provision may be included in the Water Transmission Line Extension Agreement for reimbursement for a period of ten (10) years, beginning with the date of preliminary acceptance of the line, to the owner of the costs of the water transmission line where the water transmission line passes through or by the properties of other owners. Such reimbursement shall be in the form of a surcharge added to the plant investment fee collected from such other owners as they connect to the line, such surcharge collected by the Town and turned over to the owner. The costs of such water transmission line shall be determined annually on or about January 1st by the Town manager, shall be incorporated in all agreements executed through December 31st of that year, and shall be based on such data as costs to the Town of similar line installations, costs of similar work performed in the area, and estimates of material and installation costs provided by the contractors. Such costs shall be divided by the total number of units that the properties of others can accommodate in accordance with densities and uses shown on the zoning map or Town plan of development. The result is the surcharge to be added to the plant investment fee collected as such properties of others develop. The total amount collected and turned over to the owner shall in no case exceed the costs of the water transmission line as contained in the agreement. Conversely, the Town does not guarantee that the total costs of such water transmission line passing through or by properties of owners shall be reimbursed to the owner.

1. Specifications. Meters, meter pits, service lines, and any connections and fittings associated therewith shall be of make and materials and installed in accordance with specifications established by the Town. Meters shall be required on all properties to which the town furnishes potable water and shall be installed in the building or structure served; exceptions to this requirement may be permitted by the Town manager under unusual and extreme conditions associated with the water service line.
2. Access. All users of municipal water shall allow the Town’s employees or contractors designated by the Town to enter upon the premises of such user for the purpose of installing, servicing, and maintaining meters and meter pits and for reading any such meters. Refusal to allow such installation, servicing, maintenance, and reading of meters may result in discontinuance of water service.
3. Any water meter or meter pit, regardless of location, installed in accordance with town rules and regulations and accepted by the Town, shall be the property of the Town and shall be maintained by the Town. Water service lines shall be the property of the town and maintained by the Town from the water transmission line to the curb stop or meter pit, if any, provided such curb stop or meter pit are located within a town easement or right-of-way. If such curb stop or meter pit is located on private property or there is no curb stop or meter pit, such ownership and maintenance of the water service lines shall stop at the edge of the easement or right-of-way.
4. No person shall willfully damage or destroy a meter, meter pit, or service line owned by the Town nor shall any person tamper, meddle, or interfere with a meter, or connections and fittings associated therewith, with the intent or result of causing the meter to malfunction or fail to measure water consumption, and the costs of any repairs to or replacement of a meter, meter pit, or service line as a result of said actions shall be charged to the person responsible.

1. Consumers shall not waste water, and faucets, water closets, bathtubs, and other fixtures shall not be left running for any purpose other than the use for which they were intended, except as the town manager may in particular instances expressly authorize in order to keep water lines and services from freezing. In addition to the penalty provided in this chapter for violations, the water service, following due notice to the consumer, may be turned off where waste occurs.
2. In case of water shortage or scarcity, the Town council may by resolution place any restrictions, which it deems necessary, upon the use of water for irrigation or sprinkling purposes. In addition to the penalty provided in this chapter for violations, the water service may, following due notice to the consumer, be turned off where such violation occurs.
3. Moratorium. Upon a determination that the Town’s water system, or legal or physical water supply, has reached capacity or is reasonably expected to reach capacity based upon existing commitments and projected demands, the board may declare a moratorium on any new water services and/or taps.

1. In-Town rates. All users of the municipal water system within the Town limits shall be billed a service charge of eleven dollars and fifty-one cents ($11.51) per month for each commercial building, church, dwelling unit or other use, and two dollars and sixty-four cents ($2.64) per month for each one thousand gallons or portion thereof metered. The service charge shall be applied to each dwelling unit, whether or not such unit or units are served by individual meters or master meters.
2. Out-of-town rates. All users of the municipal water system outside the Town limits shall be billed a service charge of seventeen dollars and twenty-six cents ($17.26) per month for each commercial building, church, dwelling unit or other use, and five dollars and twenty-five cents ($5.25) per month for each one thousand (1,000) gallons or portion thereof metered except that in-town rates shall apply where an owner of property to be served has submitted a petition for annexation as provided in Section 13.04.070 Services outside Town limits of this Chapter.
3. Bulk Rates. Each bulk tank user purchasing treated water shall be billed at the rate of five dollars and sixty cents ($5.60) per month for each one thousand (1,000) gallons or portion thereof.
4. Malfunctioning Meters. In case where a meter malfunctions, either failing to record water usage or doing so inaccurately as determined by the Town manager, the Town shall render an estimated water bill and shall base such estimate on the average water consumption for such property or user over a period of months, adjusted to seasonal variation. A statement of the method used to arrive at such estimated bill shall be provided at the request of the user.
5. Billings. Bills shall be dated the first day of a month and shall be mailed as close to that date as practicable. Bills shall be due no later than the close of business of the last working day of the month and shall become delinquent if not paid by that date.
6. Nonpayment. In the event that a bill becomes delinquent, a late charge of two per cent (2%) shall be added to the principal amount due of such delinquent bill for each full month that such bill remains unpaid. Any user whose bill becomes delinquent shall receive a notice by mail demanding payment within ten (10) calendar days. Where an owner of property is not the same as the user, such owner may request a copy of such notice to be mailed to him. Should such payment not be made or some contractual payment schedule agreeable to the Town manager not be made, the water services to that user shall be shut off.

1. All rates, fees, charges, and assessments provided by this chapter concerning the Town’s water system from the time the same shall be due and payable shall become and remain a lien on the premises until said rates, fees, charges, and assessments have been paid to the Town. This lien on the premises may be foreclosed by an action at law or in equity in the name of the Town in any court having jurisdiction thereof. If the Town must resort to court action for collection of amounts due it under this chapter, the Town shall also be entitled to its reasonable attorney’s fees and other expenses incurred in such action if the Town prevails.
2. In the event said rates, fees, or charges and assessments are not aid when due, the Town Manager may certify the amount of the same to the County treasurer, to be placed on the tax list for the current year and collected in the same manner as other taxes are collected, with ten percent (10%) added thereto to defray the cost of collection pursuant to Section 31-20-105 C.R.S. All laws of this State for the assessment of general taxes, including the sale of property for taxes and redemption of the same shall apply.

The Town shall require as a condition of provision providing water, gas, and/or wastewater service, either singly or in any combination, a cash deposit of one hundred dollars ($100) as security for billing rendered. For the time the deposit is with the Town and the utility connection maintained, interest will be allowed the depositor as determined by the Colorado Public Utilities Commission for customer utility deposits, or in the absence of such determination, by the Town manager and based on the average interest earnings obtained by the Town on its investments. If over any period of twenty-four (24) consecutive months a review of the customer’s account shows that no more than four (4) monthly billings have been paid after the due date and that no utility service has been shut off for non-payment of a billing, the deposit with accrued interest shall be returned to the customer. In case of a shut off of a utility service for non-payment of a billing to a customer to whom a deposit has been returned, such service shall not be restored until there shall has been placed with the Town a deposit in the same amount and in the same manner as if the customer were new. Such deposit, if it has not been returned to the customer, may be credited to the customer’s account in case of non-payment of utility bills or discontinuance of service.

No water service shall be restored by the Town until all unpaid bills rendered on behalf of the water utility have been paid or some contractual payment schedule agreeable to the Town manager has been made, nor shall water service be turned on for any customer who may have unpaid bills in his name from water service at some other property within the service area of the water utility until such time as such unpaid bills are paid in full.

A reconnect fee shall be paid by the customer seeking water service whenever the meter has been removed and requires reinstallation by the Town. A reconnect fee shall also be paid by the customer before the Town restores water service when the customer has discontinued and restored such service at the same location or when such service is discontinued for non-payment of bills for water consumption, for non-payment of bills rendered on behalf of the water utility for purposes other than the consumption of water, and for tampering with a meter or backflow prevention device and associated fittings serving the customer. Said fee shall be established by resolution of the Town council for restoration of such service during regular hours of the water department and for restoration of such service after such hours. A fee shall be established by resolution of the Town council to any customer for the removal and testing of a water meter when such removal and testing is requested by the customer, and the meter is found not to be defective.

Customers who intend to move from the property served, discontinue the use of water, or in any other way terminate water service shall give the Town manager five (5) days advance notice of their intentions. Water service is not transferable from one (1) property to another or from one customer to another, and an application for water service shall be made in each case. The Town manager shall cause the meter to be read and a final bill rendered to the customer.

In addition to discontinuance for non-payment of bills for water consumption, the Town may discontinue service in accordance with regulations adopted by the Town council for the following reasons: 1. tampering with a meter or backflow prevention device and associated fittings serving the customer, 2. excessive leakage of water on the property of the customer, 3. non-payment of bills rendered on behalf of the water utility for purposes other than consumption of water, and 4. for violation of any other rules and regulations applicable to the water utility.

All regulations contained in this chapter shall be considered a part of the contract of every person taking water from the waterworks of the Town, and every person taking water shall be considered as having expressly consented to be bound thereby.

It is unlawful for any person to violate any of the provisions stated or adopted in this Ordinance. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of any of the provisions of this Ordinance is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distance, and independent provision and such holding shall not affect the validity of the remaining portions thereof.