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HomeMy Public PortalAboutOrdinance #205TOWN OF ERASER ORDINANCE NO. AN ORDINANCE REQUIRING ~n~ INSTALLATION OF WATER METERS FOR ALL NEW CONNECTIONS WITHIN THE TOWN OF ERASER; PROVIDING FOR THE MAINTENANCE OF AND ACCESS TO SUCH WATER METERS; AMENDING i~ts~ PROVISIONS FOR PAYMENT OF FEES FOR FIRE PROTECTION SERVICE; AND MAKING CONFORMING AMENDMENTS TO THE CODE OF THE TOWN OF ERASER. NOW THEREFORE, BE IT ORDAINED BY ~n~ BOARD OF •rxuSTEES OF THE TOWN OF ERASER, COLORADO, THAT: PART 1: AMENDMENT OF TOWN CODE. Chapter 8, Article 8-1 of the Code of the Town of Fraser, Colorado is hereby amended as follows: (A) The following Sections of the Code are renumbered as indicated: (1) Section 8-1-13 is renumbered as Section 8-1-14; (2) Section 8-1-12 is renumbered as Section 8-1-13; and (3) Section 8-1-11 is renumbered as Section 8-1-12; (B) Anew Section 8-1-11 is added to the Code, which shall read as follows: Section, 8-~_-7.1. Water Meters. (1) From the effective date of the Ordinance adopting this Section, all new connections to the Town water utility in the Town of Fraser shall be metered. Property owners with unmetered water taps as of such effective date may continue to obtain unmetered service until such time as meter installation is required in accordance with the Town's universal metering program. (2) All meters shall be of a type, size and design as set forth in the water meter policy adopted, and from time to time amended, by resolution of the Board of Trustees. Maintenance and repair of water meters shall be performed as provided in such policy, and the property owner shall be responsible for all costs of such maintenance and repair. (3) The cost of the meter and all labor and materials for the installation of the meter and appurtenances shall be borne by the owner of the property served. (4) The owner of the property shall provide adequate access for Town personnel to inspect the meter and for remote meter readout. (5) It shall be unlawful for any person to fail to install a water meter as required in this Article or for any person to tamper or interfere with any meter or meter seal or to so arrange his water service or piping so that the use of water will not be accurately registered by the meter. The Town shall discontinue water service immediately to any user who violates the provisions of this Article until the meter has been installed and satisfactory payment has been made for such installation and for all water used and any necessary repairs to the meter. (6) Billing for water service based on metered service shall begin within ninety (90) days after the installation of the meter. Rates for metered water service shall be established and may be amended from time to time by resolution of the Board of Trustees in the same manner as rates for unmetered service, pursuant to Section 8-1-7. (C) Subsection 8-1-7(17) of the Code is amended to read as follows: (17) Fire Protection: A monthly fee for fire protection service is hereby levied and assessed on each lot, unit or other parcel of property within the corporate limits of the Town of Fraser on which there is located any type of building or structure and for which the property owner is not paying a water service tax, whether the building or structure is inhabitable or not. Fees for fire protection will be established and subject to change from time to time upon approval of the Board of Trustees, by Resolution. Current fee schedule may be obtained from the Town Clerk. PART 2 : PENALTY CLAUSES . The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Section 8-1-14. Violations. (1) Failure to comply with the terms of this Article by failure to pay the necessary fees, charges and taxes and failure to otherwise comply with the terms of this Article shall constitute an offense and a violation thereof. Every person violating this Article shall be punished, upon conviction, by a fine of not less than Twenty-Five Dollars ($25.00) nor more than Three Hundred Dollars ($300.00), or by imprisonment for not more than ten (10) days, or both such fine and imprisonment for each offense. Delinquency for each calendar month shall constitute a separate offense. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or c,....~.itted in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE., This Ordinance shall take effect thirty (30) days after passage, adoption and publication of thereof as provided by law. - 2 - READ, PASSED, ADOPTED AND ORDERED PUBLIS D BY ~~ BOARD OF TRUSTEESr~ AND SIGNED THIS ~~ day of ~ , 1994. ~ / BOARD OF TRUSTEES OF rn~ TOWN OF ERASER, COLORADO BY: 1~_~.I~.~:~ C. B. Jensen, Mayor ATTE T~~• 4 S E A L ) ~~~'"~~~~,, _ ~ _ Vi i~ is Wi~nfer, Tom.-.. Z'~lerk .' Published in the Winter Park Manifest on o ~ ~ , 1994. - 3 -