HomeMy Public PortalAboutOrdinance 387TOWN OF FRASER
ORDINANCE NO. 387
Series 2011
AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 2 OF THE FRASER
MUNICIPAL CODE BY ADDING LANGUAGE TO ADDRESS WATER USAGE AND
EQUIPMENT WITHIN THE TOWN OF FRASER.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, AS FOLLOWS:
PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 13, Article 2 of the Fraser
Municipal Code (herein sometimes referred to as the "Municipal Code is hereby
amended by adding new subsection to Section 13 -2 -310 and 13 -2 -330, which shall read
as follows:
SECTION 13- 2- 310(e)
Properties experiencing equipment failure will be given until third quarter
to grant access to the Town for inspection and maintenance currently prohibited
by winter conditions or other unforeseen circumstances. Failure to grant access
and /or to repair the problem before this timeframe could cause the assessment of
an unmetered water penalty.
SECTION 13- 2- 330(b)
Water usage may be estimated from time to time for individual or groups of
users due to acts of God, equipment failure or other reasonable and customary
reasons. Where adequate historical usage records are available, these may be
used to make such estimates. If historical records are inadequate to make such
estimates, the Town manager or designee may use typical usage for similar users
or any other data to estimate a fair usage.
PART 2: 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repealed and all ordinances or parts of ordinances inconsistent with the provisions of
this Ordinance are hereby repealed; provided, however, that such repeal shall not affect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 committed
in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.
PART 3: 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 4: EFFECTIVE DATE; PUBLICATION. This Ordinance shall take effect thirty
(30) days after passage, adoption and publication thereof as provided by law. This
Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 5 day of OCTOBER, 2011.
Votes in favor: 7
Votes opposed: Z
Votes abstained: i,
(SEAL)
Published in the Middle Park Times on October 13, 2011.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Fran Cook, Mayor
ATTEST:
Lu Berger, Town &&45A\