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This Ordinance is included herein for informational purposes only and not considered an official public record of the Town of Deer Trail.  This Ordinance may be modified or repealed at any time.  Please contact the Town Clerk at 303/769-4464 to obtain an official/certified copy of any Ordinance of the Town of Deer Trail.

 

ORDINANCE NO. 223

AN ORDINANCE BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, ARAPAHOE COUNTY, COLORADO, TO AMEND TOWN ORDINANCES RELATIVE TO USAGE RATES TO BE ASSESSED TO THOSE RESIDENTS AND NONRESIDENTS WHO USE OR WHO ARE CONNECTED TO THE TOWN WATER AND WASTEWATER SYSTEM.

WHEREAS, Colorado Revised Statutes 31-15-708 and 709, empower and authorizes municipalities to create and regulate municipal water and wastewater systems including the collection of rates designed to maintain the water and wastewater systems, and to provide for future growth; and

WHEREAS, the Town of Deer Trail, hereinafter referred to as the "Town," by and through its Board of Trustees, hereinafter referred to as the "Board," has undertaken and is undertaking projects necessary for the operation, maintenance, and improvement of the Town wastewater and water systems; and

WHEREAS, the Town has through the state statutes and past ordinances developed a billing system which accesses the cost of use of the water and wastewater systems, to the individual users, based on the annual cost of operation and maintenance of the systems; and

WHEREAS, due to the costs incurred, and to be incurred, for the imposition of the projects and repairs, and due to costs and factors relating to the efficient functioning of the Town's water and wastewater systems, the Board of Trustees of the Town has determined that an increase in the user rate charges is necessary and in the best interests of all of the citizens of the Town of Deer Trail;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, COLORADO:

Section 1. Amendment of Ordinance No. 188 and Applicable Previous Ordinances

1. Upon the adoption of this Ordinance, the appendices and other relevant attachments to Ordinance No. 188 shall be amended as follows:

A. Effective May 1, 2005, except for those entities described in paragraph B, below, every residential or commercial user or person or entity that is connected to the Town wastewater system, regardless of occupancy, actual use, or habitability (including vacant lots with meter pits), shall pay a monthly basic wastewater fee of Twelve and 50/100 Dollars ($12.50) per month, plus a charge for usage based on an average of the water used by the user during the months of December, January, and February. Water usage relative to the wastewater system shall be assessed at the rate of $3.75 per One Thousand (1,000) gallons of water used. For those users, or entities, which do not have a known average monthly water use, the water usage relative to the wastewater system shall be assessed at Five Thousand (5,000) gallons per month until such use can be reviewed for actual use during a December through February span of time.

B. Effective May 1, 2005, the Deer Trail Public School, American Legion, Deer Trail Fire House, and Deer Trail Town Hall, shall be assessed a monthly wastewater charge as follows:

Base Rate Usage

Deer Trail School    $112.50    $161.25

American Legion        12.50         3.75

Deer Trail Firehouse   12.50        18.75

Deer Trail Town Hall   12.50        18.75

Section 2. Amendment of Ordinance No. 190 and Applicable Previous Ordinances

1. Upon the adoption of this Ordinance, Ordinance No. 190, and any other applicable previous ordinance shall be amended as follows:

A. Effective May 1, 2005, all residential and commercial users, persons, or other entities that are connected to the Town's water system regardless of occupancy, actual use, or habitability (including vacant lots with meter pits), shall be assessed the basic monthly water fee plus usage.

B. Effective May 1, 2005, any non-residential person or entity wishing to acquire water from the Town of Deer Trail in bulk form shall be required to pay to the Town, at such locations and under such conditions as imposed by the Town, the following water rates:

BULK WATER RATES

Bulk Residential $3.50 for every 1,000 gallons

Local Commercial $4.50 for every 1,000 gallons

Bulk Industrial $8.50 for every 1,000 gallons

Section 3. Validity

If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.

Section 4. Repeal

Existing or parts of Ordinances 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, except that this 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.

Section 5. Emergency Exists

The Board has determined that if this Ordinance is not approved, passed, and effective as of the date of the regular meeting, as reflected in signature below, that the Town would be placed in a position of not being able to pay for the repairs, maintenance, and improvements to the Town's water and wastewater systems, and that the increase in rate charges does serve an immediate and beneficial use for the citizens of the Town of Deer Trail. Accordingly, the Board has determined that an emergency exists and ordains that this Ordinance shall take effect immediately upon passage.

INTRODUCED, READ, ADOPTED AND APPROVED this 5th day of April, 2005.

TOWN OF DEER TRAIL, COLORADO

___________________________________

Beryl H. Rector, Mayor

ATTEST:

___________________________________

Patti K. Owens, Town Clerk