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 -