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[Ord. No. 2020-189, 12-21-2020]
(a) 
The Town Council recognizes the establishment of the Town's Water Utility Enterprise and confirms the operation of the Water Utility Enterprise as an "Enterprise" within the meaning of Section 20 of Article X of the State Constitution.
(b) 
The Town Council recognizes that the creation and establishment of the Town's Water Utility serves the purpose of managing, maintaining and operating the Town's water system.
(c) 
The Town Council designates itself as the governing body of the Water Utility and shall exercise the Town's legal authority relating to the Water Utility Enterprise, but shall not levy a tax.
(d) 
The Town Council directs that funds of the Water Utility Enterprise and funds of the Town may be commingled for purposes of investment so long as accurate records are kept of the amount of such funds allocable to the Enterprise and to the Town.
(e) 
The Town Council ratifies, approves and confirms all action not inconsistent with the provisions of this Section heretofore taken by Town Council or by the officers and employees of the Town directed toward the operation of the Water Utility Enterprise as an "Enterprise" under Section 20 of Article X of the State Constitution.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Any person who seeks an extension of water service, annexation of land to the Town or a change in land use, if such change in use will increase the demand for water service, shall dedicate a sufficient amount of acceptable water to the Town as provided in Article IV of this Chapter.
(b) 
Any person desiring to make a connection to the water system or use water therefrom shall make written application to the Town. No person shall connect to the water system or use water therefrom until such application has been approved and such person has otherwise complied with all relevant provisions of the Code.
(c) 
Any person desiring to make a connection to the water system or use water therefrom shall pay all applicable fees.
[Ord. No. 2020-189, 12-21-2020]
(a) 
All water services supplied by the Town shall be metered. Use of any water without proper metering shall be prohibited.
(b) 
Property owners shall install a curb stop with a cast iron box and lid within the Town right-of-way at a location near the property line. Materials shall be of a standard type approved by the Town and in accordance with Town requirements. Property owners shall maintain curb boxes and lids therefor in good and unbroken condition and in readiness for emergency connect and/or disconnect, and shall keep curb box lids unobstructed and visible at all times.
(c) 
Water meters shall be of a size, type and design approved by the Town, shall be installed in the Town right-of-way and shall be in a readily accessible location for the meter reader. Indoor water meters must be approved by the Town. Water meters shall be installed either in a frost-proof meter pit or inside the structure with a remote reading device connected to allow reading from the outside of the structure. Water meters shall be installed with a stopcock on each side of the meter.
(d) 
At the time of construction of new commercial or industrial buildings, the Town may, in its discretion, permit the installation of dual water meters where usage of water partially for irrigation purposes would otherwise create inequitable billing. In such instances, one of the meters shall record water used exclusively for irrigation purposes, and the use of such water shall be reflected in water billings, but not the sewer billing.
(e) 
Each water meter shall be inspected by the Town and shall be properly adjusted before installation.
(f) 
A record shall be made and preserved of each meter installed, containing the location, serial number and size of the meter.
(g) 
All water meters shall be provided by the Town at the expense of the property owner. Payment for the water meter shall be in the amount set forth by resolution of the Town Council in the Town Fee Schedule and made at the time a building permit is issued. All other expenses for providing water facilities to a property shall be the responsibility of the property owner.
(h) 
Water meters sized ¾" or 1" shall be installed by the Town or an authorized representative of the Town at the expense of the property owner.
(i) 
Water meters shall be maintained by the Town and shall be tested and repaired as necessary.
(j) 
Property owners shall be responsible for the cost of the cut and backfill from the water tap to the shut-off valve, the cost and installation of the meter pit and all materials from shut-off to the improvement on the property and all necessary repairs and maintenance from the shut-off valve to the improvement on the property.
(k) 
The Town may remove any meter for routine tests, repairs and replacement. Meter tests shall be subject to the following:
(1) 
Each water meter shall be tested either by the Town or the manufacturer and shall be found to be in good working condition and properly adjusted before installation. If the test is made by the manufacturer, a report of such test result shall be furnished to the Town prior to the installation.
(2) 
Whenever, upon test by the Town, a water meter is found to have an accuracy within the acceptable American Water Works Association ("AWWA") standards, such meter shall be considered to be accurate and correct and no adjustment shall be made in any charge or bill for service prior to the date of such test. If, upon test by the Town, a water meter is found to have an average error in excess of the AWWA standards, such meter shall be corrected or replaced, at the option of the Town, and an appropriate correction or charge in keeping with the percentage error found upon testing shall be made to the charges for water service measured through said meter during a period of not more than one hundred eighty (180) days prior to the date of such test.
(3) 
The customer shall have the right to request a special water meter test at any time. If the special test discloses that the water meter is registering correctly within the AWWA standards, the customer shall pay the water meter testing fee in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
(l) 
It shall be unlawful for any person to tamper or interfere with any water meter or meter seal or to arrange a water service or piping wherein the use of water will not actuate the meter. The Town may discontinue water service immediately to any user who violates the provisions of this Subsection until satisfactory payment has been made for all water used and all repairs to the water meter and piping have been made.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Water tap fee. Any person desiring to use water from the Town's water system shall obtain and pay for a water tap fee in the amount set forth by resolution of the Town Council in the Town Fee Schedule. The water tap fee shall be based on the water meter size. Because water use for larger meters varies widely depending on the type of customer, water tap fees for meters ranging from four (4) inches to eight (8) inches shall be determined by the Town on a case-by-case basis.
(b) 
Raw water development fee. A raw water development fee is hereby levied and assessed for all new water taps. The raw water development fee shall be used for the purpose of funding raw water development projects in the Town. The raw water development fee shall be in the amount set forth by resolution of the Town Council in the Town Fee Schedule. The raw water development fee shall be based on the water meter size.
(c) 
Payment due. Water tap fees and raw water development fees shall be paid at the time of building permit issuance. Said fees shall be in addition to all other charges and to the required dedication of raw water as set forth in this Code.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Every person taking water through the water system of the Town shall permit the Town, at all reasonable hours of the day, to enter his or her property for the purpose of inspection, observation, measurement, sampling, testing, maintenance and upgrading of the Town's water system. Unreasonable delays in allowing the Town access to the property shall be considered a violation of this Article. The Town may terminate water service to any property for the failure to allow access.
(b) 
Unless maintenance and repair are necessary due to the acts of the customer, maintenance of the meter shall be the responsibility of the Town. If the maintenance or repair is due to the acts of the customer, the Town shall bill the cost of the maintenance or repair to the customer.
(c) 
The Town shall be responsible for maintenance of the water line services as follows:
(1) 
If a curb stop exists, the Town shall be responsible from the curb stop back to the water main and for the water meter only.
(2) 
If no curb stop exists and the meter is in the right-of-way, the Town shall be responsible from the property side of the water meter to the water main.
(3) 
If no curb stop exists and the meter is inside the house, the Town shall be responsible for the water service in the right-of-way back to the water main.
[Ord. No. 2020-189, 12-21-2020]
Persons owning or possessing property on which a water meter is located shall provide at least three feet of unobstructed access to the meter pit and at least five feet of vertical clearance above the meter pit. Failure to provide adequate access to the water meter shall result in an obstructed meter charge in the amount set forth by resolution of the Town Council in the Town Fee Schedule until the obstruction is cleared. Water meters shall be deemed to be obstructed for, among other reasons, locked gates preventing entry or animals threatening or intimidating authorized personnel from accessing the meter.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Voluntary disconnection.
(1) 
Persons may periodically desire to temporarily turn off water service.
(2) 
Voluntary disconnects and reconnects of existing water service shall be made only under the following specific conditions:
a. 
Water service charges are paid in full and not delinquent;
b. 
The monthly service charge shall be paid during the period of disconnection;
c. 
Disconnection and reconnection shall be made only by those persons approved and authorized for such work by the Town; and
d. 
A disconnect and reconnect fee is paid in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
(b) 
Involuntary disconnection.
(1) 
Where water service is temporarily discontinued for pipeline repairs or similar matters, the Town shall not impose a disconnect or reconnect fee.
(c) 
Abandonment of water service.
(1) 
A water connection to the Town water system shall be considered to be abandoned, upon ten (10) days' written notice to the owner and the failure to cure, under either of the following conditions:
a. 
Water service has been discontinued for nonpayment of water service charges and said delinquency has not been rectified within three (3) months of the discontinuance of water service; or
b. 
Water service was voluntarily disconnected as set forth above and the minimum monthly service charge has not been paid for a continuous twelve (12) month period.
(2) 
If service is determined to be abandoned, abandonment shall be made at the water main with a repair clamp and the water meter removed at the cost of the property owner.
(3) 
Prior to reconnection of abandoned water, the person seeking water service shall pay, among other potential charges, all delinquent fees and costs to reactivate the water service or a new water tap fee.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Water service charges are hereby levied and assessed for water service at the rates set forth by resolution of the Town Council in the Town Fee Schedule. Water service charges for properties located outside the corporate limits of the Town shall be one and one-half times the rates charged for properties within the Town.
(b) 
Except as provided below, the fees for water service shall include a charge based on the size of the water meter and a charge based on the amount of water taken through the water meter.
(c) 
For structures with a common meter serving multiple dwelling units, the fees for water service shall include a charge based on the number of dwelling units served by the common meter and a charge based on the amount of water taken through the water meter.
(d) 
Water users outside the corporate limits of the Town shall be on individual meters.
(e) 
Water meters shall be read once per month and water users shall be billed monthly. If any meter shall fail to register in any billing period, the water user shall be charged according to the average quantity of water used during a similar period.
(f) 
Water service rates for non-potable only service to green belt areas, parks, and dual systems shall be charged in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
[Ord. No. 2020-189, 12-21-2020]
(a) 
For purposes of this section, "construction hydrant meter" means a Town-authorized temporary metering device placed upon a fire hydrant or other Town water supply source by which a construction contractor may obtain water to be used during construction.
(b) 
A cash deposit based on the cost of repairing or replacing a construction hydrant meter, in the amount determined by the Town, shall be required for each meter to assure its return in good working order.
(c) 
Bulk potable water for construction purposes within the Town may be obtained from a construction hydrant meter authorized by the Town. Bulk water service shall be metered.
(d) 
The water delivered through the construction hydrant meter shall be billed to the contractor on a monthly basis in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
[Ord. No. 2020-189, 12-21-2020]
No person shall trespass upon the property of the water utility, tap any water mains, make any connections therewith, in any manner interfere with the water system or the property, equipment, mains, valves or any other appliances or appurtenances of the water system, change or alter the position of any valve or appliances of the water system or change or alter the position of any valve or appliance regulating the flow of water in any water utility main, unless authorized to do so in writing by the Town Manager.
[Ord. No. 2020-189, 12-21-2020]
No person other than a duly authorized employee of the Town shall open or turn on any Town water valve or curb stop regulating the flow of water from the Town mains to any premises, lot, building or house for any reason.
[Ord. No. 2020-189, 12-21-2020]
No person shall deposit in any part of the water system any substance or material that will in any manner injure or obstruct the water system or any material or substance that would tend to contaminate or pollute the water or obstruct the flow of water.
[Ord. No. 2020-189, 12-21-2020]
All fire hydrants connected to a Town owned water main are part of and shall be maintained by the Town. The installation, maintenance, testing and repair of all fire hydrants, stand pipes, and fire sprinklers on private waterlines or watermains are the responsibility of the property owner.
[Ord. No. 2020-189, 12-21-2020]
No person, other than authorized Town or fire department personnel, shall open or operate any fire hydrant, standpipe or fire sprinkler system on public property without written authorization from the Town.
[Ord. No. 2020-189, 12-21-2020]
Town water may at any time be shut off from the street main due to emergencies or for the purpose of making any connections or extensions of the water mains or to perform any other work necessary to repair and maintain the water system. Notice will be given whenever reasonably possible. The Town shall not be liable for any damages that may occur directly or indirectly on account of the Town water being cut off for any purpose.
[Ord. No. 2024-248, 4-15-2024]
(1) 
Purpose. To foster growth and development in and around the area generally located along, near and in relative close proximity to U.S. Interstate 25 and State Highway 60, meet peak water demands and fire demands and protect the integrity of the Town's water system. The Town, acting on behalf of the Water Utility Enterprise, intends to undertake the design, construction and installation of a water storage tank that will benefit property owners in the geographic area and desires to recover the cost of such improvements from benefitted property owners.
(2) 
Definitions. For purposes of this Section, the following definitions apply:
BENEFITTED PROPERTY
Means a parcel of land, of whatever size and whatever designation, that is subject to a building permit in the Region.
BUILDING PERMIT
Means a building permit issued in accordance with the Code before building or construction activity may be initiated on a Benefitted Property.
IMPROVEMENTS
Means a water tank with a storage volume of at least two (2) million gallons of water, the connective piping and a water loop under U.S. Interstate 25 as well as related infrastructure and improvements.
PROPERTY OWNER(S)
Means the current or future owner or developer of Benefitted Property in the Region.
REGION
Means the area along, near and in relative close proximity to U.S. Interstate 25 and State Highway 60, south of State Highway 402 and north of Weld County Road 46, referred to as the "west pressure zone" with respect to the delivery of water from the Town's Water Treatment Plant, that will utilize and benefit from the West Water Storage Tank. The Region is depicted on Appendix A to this Article, which may be amended from time to time by resolution of the Town Council.
SFE
Means "single family equivalent" and is a number related to the volume of water necessary to meet the demand and consumptive use requirements of an average dwelling unit housing not more than three and one-half (3.5) persons and having not more than three thousand (3,000) square feet of irrigated area. The SFE unit value assigned to an average single-family dwelling unit is one (1). At the Town's discretion, the SFE unit value assigned to any particular dwelling unit may be greater than, equal to or less than one (1). The SFE unit value assigned to non-residential uses shall be based on the Town's estimated volume of water generated by such uses as compared to the generation of water by an average single-family dwelling unit.
WEST WATER STORAGE TANK FEE
Means the special fee imposed upon property owners in the Region to reimburse the Town for cost of designing, constructing and installing the Improvements.
(3) 
Establishment and payment of special fee.
(a) 
There is hereby established a special fee known as the West Water Storage Tank Fee.
(b) 
The West Water Storage Tank Fee shall be levied and assessed in the amount of nine hundred seventy dollars ($970.00) per SFE.
(c) 
The West Water Storage Tank Fee may be adjusted for inflation on an annual basis by resolution of the Town Council utilizing the most recent data from the Engineering News Record Construction Cost Index for the Denver metropolitan area and thereafter set forth in the Town Fee Schedule.
(d) 
The West Water Storage Tank Fee shall be paid by property owners in the Region at the time of issuance of a building permit.
(4) 
Exemption from payment of fee.
(a) 
If a request is made upon application for a building permit, property owners shall not be required to pay the West Water Storage Tank Fee for the following building permits:
1. 
Alterations or expansion of existing buildings where no additional dwelling units are created or square footage added;
2. 
The construction of accessory buildings or structures that do not add dwelling units or square footage to the principal building or use of the land or increase water consumption on the property; and
3. 
The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same square footage.
(b) 
If the equivalent of the West Water Storage Tank Fee is paid pursuant to an executed contract with the Town, property owners shall not be required to pay the West Water Storage Tank Fee.
(5) 
Use of funds; accounting. The revenues recognized from the West Water Storage Tank Fee shall be remitted to the Water Utility Enterprise and deposited in the Water Utility Enterprise Fund. The funds shall be used solely for the cost of the Improvements and shall not be used for the operation and maintenance of the water utility system or for any other purpose. The Town, acting on behalf of the Water Utility Enterprise, shall keep an accurate accounting of the cost of the Improvements and the revenues collected from the West Water Storage Tank Fee and any other source of revenue derived for such purpose.
(6) 
Payment limitation. In the event the total amount of revenue received by the Town for the Improvements equals the cost of designing, constructing and installing the Improvements, property owners shall thereafter be relieved of any obligation to pay the West Water Storage Tank Fee.
(7) 
Fee not an impact fee or development charge. The Town Council does not intend that the West Water Storage Tank Fee be construed as an impact fee or development charge within the meaning of Section 29-20-104.5, C.R.S., as amended, but that the West Water Storage Tank Fee be a special fee within the home rule authority of the Town. To the extent that the provisions of Section 29-20-104.5, C.R.S., as amended, conflict with the provisions of this Section, this Section shall control.