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HomeMy Public PortalAboutOrdinance 419 Amending by Adopting Provisions Authorizing Water/Sewer Services outside of Fraser Limits & Repeal Inconsistent Provisions TOWN OF FRASER ORDINANCE NO. 419 Series 2014 AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING PROVISIONS AUTHORIZING WATER AND SEWER SERVICE OUTSIDE THE TOWN LIMITS AND REPEALING INCONSISTENT PROVISIONS WHEREAS, the Board of Trustees of the Town of Fraser is authorized by state statutes to provide by ordinance for use of the Town's domestic water and sanitary sewer systems by consumers outside the Town limits and to contract for such outside use upon such terms as it deems proper; and WHEREAS, the Board of Trustees has determine that providing such water and sanitary sewer services to consumers outside the Town limits may be in the best interests of the Town and its residents under certain circumstances; and WHEREAS, the amendments to the Fraser Municipal Code adopted by this Ordinance will establish appropriate procedures and criteria for the Board to consider and act on applications for out-of-town water and sanitary sewer service. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE. 1_1 The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code"), is hereby amended by adding a new Article to Chapter 13 of said Code, to be numbered "Article 5 - Water and Sewer Service Outside Town Limits", which shall read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1_2 Chapter 13 (Municipal Utilities), Article 2 (Water System), Section 13-2-50 (Service Connections) of the Municipal Code is hereby amended by deleting subsection (g) and renumbering subsequent subsections, as follows [Note: additions are shown in bold underlined print; deletions are shown as print; the notation "No Change" indicates that the referenced provisions are not modified]: Sec. 13-2-50. Service connections. (a) - (f) [No Change] tnl ffltekaps shall be MAFIA Lcjj No connection to be made in winter. [No Change]. Cross-connection control. [No Change]. 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: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered 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 committed 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 or the said Codes adopted herein 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 or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, 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 thereof as provided by law. PART 6: PUBLICATION. This Ordinance shall be published by title only. - 2 - READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 26th DAY of MARCH, 2014. Votes in favor: (4:;, BOARD TRUSTE OF THE Votes opposed: T' TOWN F RAS Votes abstained: BY: Peggy yor AT T ( SEAL ) Luf3erger, Town C r Published in the Middle Park Times on - 3 - EXHIBIT A ARTICLE 5 Water and Sewer Service Outside Town Limits Sec. 13-5-10. Policy; Authority (a) It is the established policy of the Town of Fraser that the purpose of the domestic water system and sanitary sewer system owned and operated by the Town is to serve the residents of the Town, and any water or sewer service provided or to be provided outside the Town limits is merely incidental to this purpose. In accordance with this policy and other considerations, Town water and sewer service will not normally be provided to property outside the Town limits. However, there may be circumstances where providing such out-of-town water and/or sewer service is in the best interest of the Town prior to annexation, and it is the intent of this Article to address those circumstances and provide a process for consideration of applications for such service. Any contract or permission for water or sewer service outside the Town limits is entirely discretionary on the part of the Board of Trustees or its designee and such service may be denied if the Board or its designee determines, in its sole judgment, that the provision of such service would not be in the best interests of the Town. Without limiting the generality of the forgoing, the Town may deny out-of-town service if existing water supplies, treatment plants or other facilities are inadequate to serve the proposed expansion. (b) The Town of Fraser is authorized to operate and maintain water facilities and sewage facilities within and without the municipality and to provide water and sewage services to consumers within and without its territorial boundaries, pursuant to the provisions of C.R.S. 31-35-402 and other provisions of Colorado law. The Fraser Board of Trustees intends to exercise such authority consistent with the provisions contained in this Article. Sec. 13-5-20. Contract Required; Agreement to Annex (a) A property owner desiring to obtain water or sewer service to serve any area outside the corporate limits of the Town shall submit an application for such service to the Town Clerk. The Board of Trustees or its designee will consider such application and determine if out-of-town service will be allowed and upon what terms. (b) As a condition for obtaining such out-of-town water and/or sewer service, the owner will be required to enter into a contract with the Town, consistent with the provisions of this Article and containing such terms and conditions as may be approved by the Board of Trustees or its designee. (c) Each contract for out-of-town water and/or sewer service shall include an agreement and covenant binding on the property owner and all future owners, to apply EXHIBIT A-PAGE 2 for or consent to the annexation of the area supplied with municipal services to the Town when such area or portion thereof becomes eligible for annexation and the Board of Trustees requests such annexation, and subject to such terms and conditions as may be provided by contract. (d) As used herein, the phrase "unless otherwise provided by contract" means or refers to a requirement or provision that applies if it is not otherwise addressed in an existing out-of-town service contract or, which applies if the requirement or provision was addressed in such a contract but that contract has expired or has otherwise been terminated. Sec. 13-5-30. Service Area. (a) An extension of water and/or sewer service outside the Town limits will only be considered if it will allow for a logical and economical use of the existing Town water and sewer facilities. To that end, the Board of Trustees shall, by resolution, designate those areas within and adjacent to the Town limits that can be logically and economically served with Town water and/or sewer(herein referred to as the "Fraser Water and Wastewater Service Area"). (b) No application for out-of-town water or sewer service shall be considered unless the property to be served is within such designated Fraser Water and Wastewater Service Area. Sec. 13-5-40. Fees and Dedications (a) Plant Investment Fees. Unless otherwise provided by contract, a property owner obtaining water or sewer service from the Town systems to serve any area outside the corporate limits of the Town shall pay to the Town a plant investment fee (PIF) in an amount equal to twice the in-town PIF rate as provided in Articles 2 and 4 of this Chapter and as established from time to time by the Board of Trustees. (b) Service Fees. Unless otherwise provided by contract, the water and sewer service fees for consumers outside the Town limits shall be in an amount equal to twice the in-town service fee rate as provided in Articles 2 and 4 of this Chapter and as established from time to time by the Board of Trustees. (c) Mill Levy Equivalent Surcharge. In the event the Town imposes a property tax mill levy for water and/or sewer improvements or operations, a surcharge shall be added to the service fees payable by out-of-town consumers, in an amount determined by the Board of Trustees, so that such out-of-town consumers pay the same or approximately the same amounts as they would if their property was subject to such mill levy. EXHIBIT A- PAGE 3 (d) Water Rights Dedication. Unless otherwise provided by contract, a dedication or transfer of direct flow and/or storage water rights to the Town shall be required prior to the approval of any extension of municipally treated water service to property outside the Town limits. The dedication or transfer must be sufficient to provide reliable water rights for the development to be served by the proposed extension of water service or to otherwise account for the impact of the proposed extension upon the Town's water rights portfolio, as determined by the Board of Trustees. (e) Payment; Collection. Nonpayment of any fees or charges applicable to out-of- town water and/or sewer service shall be grounds for disconnection of the property and/or other collection action as provided in the Fraser Municipal Code with respect to in-town service. Delinquent fees and other charges may be certified for collection by the county treasurer as provided in C.R.S. 31-20-105. Sec. 13-5-50. Owner Pays Costs of Extension; Other Applicable Provisions (a) All infrastructure and facilities required to extend water and/or sewer service to property located outside the Town boundaries shall be installed at the expense of the property owner and shall comply with the provisions of Articles 2 and 4 of this Chapter and Chapter 14 of the Fraser Municipal Code. The property owner shall provide easements for such infrastructure and facilities, as provided in the Municipal Code, and the Town may require execution of an improvement agreement, with appropriate security, for the construction and installation of such facilities. Upon completion and acceptance by the Town, all water and sewer mains and related facilities shall become the property of the Town; provided, however, that any service lines to individual properties shall remain the responsibility of the consumer. (b) No part of the water obtained from the Town water system shall be used for any purpose that is not consistent with the uses allowed by the Municipal Code. (c) Except as otherwise expressly provided herein or in the contract for water and/or sewer service, all provisions of the Fraser Municipal Code that are applicable to in-town water and sewer service shall also apply equally to out-of-town service, including any and all additional fees and charges provided in the Code that are not otherwise provided in this Article or in any service contract. �r F ' 6t `; • NV .fig 41���� ��,�•y • s�� g Legend Frasar Water N �f Service Area Parcels (Subject to Article 5 of Town Code) and Wastewater W E Current Service Area Service Area r.®®� Fraser Boundary 1 05 1 2 Mile Total Area: 9,538.6 acres ' Produced 2/3/2014