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ORDINANCE NO. 237

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. 223 and Applicable Previous Ordinances

1. Upon the adoption of this Ordinance, the appendices and other relevant attachments to Ordinance No. 223 shall be amended as follows:

A. Effective May 3, 2007, 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 Fifteen and 50/100 Dollars ($15.50) 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. Upon passage of this ordinance, 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 Public School $124.00 $150.00

American Legion 15.50 13.00

Deer Trail Fire House 15.50 13.00

Deer Trail Town Hall 15.50 18.75

Section 2. Amendment of Ordinance No. 208 and Applicable Previous Ordinances

1. Upon the adoption of this Ordinance, and any other applicable previous ordinance shall be amended as follows:

A. Effective May 3, 2007, all residential and commercial user or person or entity that is connected to the Town water system, regardless of occupancy, actual use, or habitability (including vacant lots with meter pits), shall pay a monthly basic water fee of Thirteen Dollars ($13.00) per month, plus a charge for usage assessed at the rate of $1.60 per One Thousand (1,000) gallons of water used.

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.        Effective Date

This ordinance shall take effect thirty days after passage and publication.

INTRODUCED, READ, ADOPTED AND APPROVED this 3rd day of April, 2007.

 

TOWN OF DEER TRAIL, COLORADO

___________________________________

James F. Johnson, Mayor

ATTEST:

 

___________________________________

Patti K. Owens, Town Clerk