townofnunn.net home

 

iweb analytics

 

 

TITLE 13

UTILITIES

 

 

Chapters:

 

            13.04               WATER ACTIVITY ENTERPRISE

            13.08               WATER SYSTEM

            13.12               WATER RATES AND RESTRICTIONS

 

 

Chapter 13.04

WATER ACTIVITY ENTERPRISE

 

 

Sections:

 

            13.04.010        Establishment of Water Activity Enterprise.

            13.04.020        Authorization to Issue Revenue Bonds.

 

 

            13.04.010   Establishment of Water Activity Enterprise.

 

            A.        In order to continue to maintain water activity enterprises for the purpose of pursuing or continuing water activities, including water acquisition or water projects or facility activities, including the construction, operation, repair, and replacement of water facilities, a Water Activity Enterprise is hereby established, pursuant to the provisions of C.R.S., Section 37-45-101, et seq.  Such shall be known as the "Town of Nunn, Colorado, Water Activity Enterprise," and shall  have all powers and authority granted to water activity enterprises by state law.  (Ord. 182, 1996)

 

            B.        Such Water Activity Enterprise shall be wholly owned by the Town of Nunn and shall not be combined with any water activity enterprise owned by any other state or local governmental entity.  This section shall not limit the authority of the Water Activity Enterprise to contract with any other person or entity, including other districts or water activity enterprises. (Ord. 182, 1996)

 

            C.        The governing body of the Water Activity Enterprise shall be the Board of Trustees of the Town of Nunn.  (Ord. 182, 1996)

 

            D.        The governing body of the Water Activity Enterprise may exercise the Town of Nunn's legal authority relating to all water activities, but such Enterprise may not levy any tax which is subject to Section 20(4) of Article X of the State Constitution.  (Ord. 182, 1996)

 

            13.04.020   Authorization to Issue Revenue Bonds.

 

            A.        The Water Activity Enterprise, through its governing body, may issue revenue bonds in accordance with the provisions of state law.  (Ord. 182, 1996)

 

            B.        The Water Activity Enterprise is authorized to issue bonds payable from the revenues derived or to be derived from the functions, services, benefits, or facilities of the Enterprise or from any other available funds of the Enterprise.  The terms, conditions, and details of said bonds, notes, and other obligations, the procedures related thereto, and the refunding thereof shall be set forth in the Resolution authorizing said bonds, notes, or other obligations.  (Ord. 182, 1996)

 

            C.        The Water Activity Enterprise may contract with the Colorado Water Conservation Board of any other governmental source of funding for loans and grants related to water activity enterprise functions, and the Water Activity Enterprise may contract with the Colorado Water Resources and Power Development Authority for loans or other available financial assistance related to Water Activity Enterprise functions.  (Ord. 182, 1996)

 


 

Chapter 13.08

WATER SYSTEM

 

 

Sections:

 

            13.08.010        Creation of water Department.

            13.08.020        Administrator; Powers.

            13.08.030        Appropriation of Water.

            13.08.040        Receipts and Deposits.

            13.08.050        Inspections.

            13.08.060        Application for Water.

            13.08.070        Tapping Charge.

            13.08.080        Size of Service Tap.

            13.08.090        Metering of Water.

            13.08.100        Service Line Regulations.

            13.08.110        Waste of Water Prohibited.

            13.08.120        No Use During Fire Alarms.

            13.08.130        Water Rates.

            13.08.140        Water Bills, Payment, Penalty, Shut-Off, and Abatement.

            13.08.150        Delinquent Rent Must be Paid.

            13.08.160        Property Charged with Rent.

            13.08.170        Unpaid Water Rents a Lien.

            13.08.180        Charge for Turning Water on for Delinquents.

            13.08.190        Unlawful Acts.

            13.08.200        Regulations Part of Contract.

            13.08.210        Change in Fees/Costs by Resolution.

            13.08.220        Policies in Regard to the Activation and/or Re-Activation of Water Taps.

            13.08.230        Penalties.

 

 

13.08.010   Creation of Water Department.  There is hereby created and established a water department of the Town of Nunn, Colorado, for the purpose of the management, maintenance, care, and operation of the water works of the Town.  (Ord. 124, 1974)

 

13.08.020   Administrator; Powers.  The Town Administrator shall have the immediate control and management of all things pertaining to the Town water works system, and he shall perform all acts that may be necessary for the prudent, efficient, and economical management and protection of said water works, subject to the approval and confirmation of the Board of Trustees.  The Board shall have the power to prescribe such other and further rates, rules and regulations as it may deem necessary.  (Ord. 124, 1974)

 

13.08.030   Appropriation of Water.  The Water of the Foxhills Sandstone formation underlying the Town of Nunn, Colorado, is thereby appropriated for the exclusive use and benefit of the water department of the Town of Nunn to provide a supply of domestic water for the inhabitants of the Town of Nunn, Colorado.  The drilling of wells for the production of water from the Foxhills Sandstone, found at approximately 485 feet, by private individuals or corporations in the Town site of Nunn, Colorado, is prohibited due to the danger of pollution of the Fox hills formations, which would be injurious to the health of the inhabitants of the Town of Nunn, Colorado, and for the further reason such drilling of water wells would deplete the supply of water to the Town.  (Ord. 124, 1974)

 

13.08.040   Receipts and Deposits.  The Town Clerk shall keep a correct account of all receipts, make out all bills for water rents and materials furnished to consumers, collect the same and deposit the proceeds so collected with the Town Treasurer to the credit of the water works fund of the Town and in accordance with the direction of the Board.  (Ord. 124, 1974)

 

13.08.050   Inspections.  Whenever in the judgment of the Administrator he deems it necessary, he may inspect the premises or buildings of any water consumer for the purpose of examining the conditions of all pipes, motors, meters and water fixtures, or the manner in which the water is used.  He shall be vigilant to protect and remedy all abuses, whether from waste or other improper use of water.  (Ord. 124, 1974)

 

13.08.060   Application for Water.  Application for the use of water shall be made to the Town Clerk by the owner of agent of the property and stating the purpose for which the water may be required.  (Ord. 124, 1974)

 

            13.08.070   Tapping Charge.  Upon the application for a new tap and service connection by any consumer within the corporate limits of the Town, the applicant shall pay to the Town Clerk the sum of $7,500.00, plus a one-acre foot allocation of Northern Colorado Water Conservatory District municipal water, as tap fee.  The cost of the corporation caulk, fittings, installation of the tap, the necessary pipe from the main to the curb box and necessary trenching and backfilling shall be at the expense of the applicant.  The tap shall be installed by the Town and under the supervision of the Town Superintendent.  The Town shall own and maintain the water line from the main to the curb box and the property owner shall own and maintain the service line from the curb box to the premises serviced.  All work upon the service line shall be performed by a licensed plumber.  In the event the water main or water line has to be extended, applicant shall pay the cost of extending the line.  (Ord. 124, 1974; Ord. 214. 1999; Ord. 226, 2002)

 

            13.08.080   Size of Service Tap.  No service tap shall be more than 3/4-inch in diameter provided that the Board may grant special permission for larger taps where the water supply and service facilities are sufficient to permit such taps.  Where a larger tap is permitted, the Board shall fix the tapping charge therefor.  (Ord. 124, 1974)

 

            13.08.090   Metering of Water.  All water sold by the Town shall be metered by meters which may be installed either in a curb box or inside of the building at the option of the property owner.  All water meters shall be owned by the Town.  (Ord. 124, 1974)

 

            13.08.100   Service Line Regulations.  No more than one building shall be permitted to use a water service line. Only approved pipe shall be used for the installation of a service line and all service lines shall be installed at a depth of at least sixty inches below the surface of the ground.   Each service line shall contain a stop and waste cock where the water may be turned off.  (Ord. 124, 1974)

 

13.08.110   Waste of Water Prohibited.  Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. Hydrants, urinals, water closets, bathtubs and other fixtures must not be left running for any purpose other than the use for which they were intended.  In addition to the penalty provided herein for Code violations, the water supply may be turned off where any such waste occurs.  (Ord. 124, 1974)

 

13.08.120   No Use During Fire Alarms.  During all alarms of fire, the use of hose and all outlets where a constant flow of water is maintained is positively forbidden.  (Ord. 124, 1974)

 

13.08.130   Water Rates.  All water sold by the Town shall be sold at rates to be determined by the Board of Trustees and the Mayor of the Town.  (Ord. 124, 1974)

 

13.08.140   Water Bills, Payment, Penalty, Shut-Off, and Abatement.  Water meters shall be read on the 27th day of each month, as nearly as possible, and bills shall be mailed on the first day of each succeeding month.  All water bills shall be due on or before the 15th day of the month following the reading of the meter and, if not paid by the 15th, a penalty of five dollars ($5.00) shall be added thereto and charged to the property pursuant to Section 1-16 of this Ordinance.  The person residing on the property or the property owner may request abatement of any monetary or shut-off penalty upon petition to the Board of Trustees or its designate, which may be granted for good cause shown for the period up to and until the next regularly scheduled meeting of the Board of Trustees, at which meeting the petition for abatement shall be reviewed and decided upon by the Board of Trustees.  (Ord. 124, 1974; Ord. 214, 1999)

 

13.08.150   Delinquent Rent Must be Paid.  In case there shall be any water rent delinquent and the supply has been turned off, the water shall not be turned on again until all such delinquent water rents have been paid.  (Ord. 124, 1974)

 

13.08.160   Property Charged with Rent.  All water rents shall be charged against the property served and against the owner thereof and, if for any cause any sums owing therefor become delinquent, the water shall be cut off and in no case shall it be turned on to the same property until such delinquencies shall have been paid in full.  Change of ownership or occupation shall not affect the application of this Section.  (Ord. 124, 1974; Ord. 214, 1999)

 

13.08.170   Water Bills, Payment, Penalty, Shut-Off, and Abatement.  Water meters shall be read on the 27th day of each month, as nearly as possible, and bills shall be mailed on the 1st day of the next month.  If a bill is not paid within forty (40) days of such mailing date, a shut-off notice will be mailed and a five dollar ($5.00) delinquency charge will be added.  If such bill and delinquency charge is not paid within an additional five (5) days, the water service to the property may be shut off by the Town.  The person residing on the property or the property owner may request abatement of any money or shut-off penalty upon petition to the Board of Trustees which may be granted for good cause shown for a period not to exceed the next regularly scheduled meeting date of the Board of Trustees, at which meeting the petition for abatement shall be reviewed and decided upon by the Board of Trustees.  (Ord. 221, 2001)

 

13.08.180   Charge for Turning Water On.

 

            A.        If the water supply to any premises is turned off for any reason, a charge of fifty dollars ($50.00) shall be made for turning the water back on.  (Ord. 124, 1974)

 

            B.        If the water supply to any premises is turned off for any reason relating to owner repairs and maintenance, a charge of fifteen dollars ($15.00) shall be made for turning the water back on.  (Ord. 124, 1974)

 

            13.08.190   Unlawful Acts.  It shall be unlawful for any person to use or take water from the Town water works without a permit therefor or to make any fraudulent representation for the purpose of obtaining water or for any person to take or use water from the water works for a difference purpose or purposes than provided in the customer’s permit or for any person to willfully or unreasonably waste water or for any person to violate any of the regulations set forth in this Chapter.  Each and every such unlawful act shall constitute a violation of this Code and shall be punishable as herein provided.  (Ord. 124, 1974)

 

            13.08.200   Regulations Part of Contract.  All regulations contained in this section shall be considered a part of the contract of every person taking water from the water works of the Town, and every person taking water shall be considered as having expressly consented to be bound thereby.  (Ord. 124, 1974)

 

            13.08.210   Change in Fees/Costs by Resolution.  Any future modification of charges, fees, or costs as experienced in this ordinance may be modified by the Town Board by Resolution.  (Ord. 214, 1999)

 

            13.08.220   Policies in Regard to the Activation and/or Re-Activation of Water Taps.

 

            A.        Written Documentation of Ownership.  Any person providing the Town with written documentation showing proof of ownership of a water tap shall be authorized to activate such tap in accordance with the subject documentation without additional fees being imposed by the Town, subject to the following conditions:  (Ord. 218, 2000)

 

                        1.         The Town has the authority to charge reasonable fees to the actual tapping of Town mains and the extensions of services to properties such as, but not limited to, excavation, street repairs, traffic control, etc.  (Ord. 218, 2000)

 

                        2.         Upon a request to activate or re-activate a tap, the Town has the authority to require additional water rights and/or charge additional fees related to water rights based upon the then current formula for calculating such water rights due.  (Ord. 218, 2000)

 

            B.        Establishment of Ownership without Written Documentation.  Any person who is able to substantially establish ownership of a water tap to the satisfaction of the Town but has no written documentation from the Town as to such ownership may be entitled to a fifty percent (50%) reduction on the then current water development and water rights fees as determined by the Board of Trustees.  (Ord. 218, 2000)

 

C.        Pre-Payment of Fee.  Persons wishing to pre-pay any water development or water rights will have a maximum of six (6) months from the time of pre-payment in which to acquire all necessary building permits and being construction of the facility to which the tap or rights is related.  In addition, the actual activation of the subject tap for its intended use must be commenced within one (1) year of the time of pre-payment.  Failure to comply with these deadlines will result in a credit being established in the amount of the pre-paid fees toward the future purchase of any water development or water rights fees.  No fees will be refunded.  The Town Board is hereby authorized to enter into contracts related to pre-payment of fees when, in their opinion, the intent of it his Ordinance is maintained (i.e., transferral of rights and/or payment of fees related to large developments which may require a longer period in which to develop).  For those property owners who currently have pre-paid water taps, those taps shall be valued at the date of passage of it his Ordinance at the amount of the then current water tap fee schedule, as established by the Town Board.  Those owners shall then have a six (6) month period of time to activate their water tap land if not activated at that time, shall then be required to pay the increase in future tap fees, as established by the Town Board at the time they request activation.  (Ord. 218, 2000)

 

D.        De-Activation of a Tap.  Following the deactivation of a water tap, the owner shall have a time period not to exceed three (3) years in which to re-activate a tap.  The failure of any owner to re-activate a tap for its intended use, in accordance with Town regulations, shall constitute a waiver of all rights of ownership in such tap including all associated water rights.  Should the owner then desire water service, he shall apply for the same as if none had previously existed and shall also be required to make an appropriate raw water dedication.  (Ord. 218, 2000)

 

            E.         Variances.  The Town Board is authorized in specific cases, in accordance with procedures provided herein, to grant variances to the strict application of paragraphs C and D above, provided that due to a practical difficulty or unnecessary hardship, which has not been self-imposed, would deprive the owner of the property of the reasonable use of the land or the water tap.  (Ord. 218, 2000)

 

                        1.         Application for Hearing.  Any owner affected by a requirement or regulation of paragraphs C or D of this Ordinance may make an application for a variance by with the Town Clerk a written petition specifying the grounds for the request.  (Ord. 218, 2000)

 

                        2.         Town Board Hearing.  Upon receipt of the written notice requesting a variance, the Town Board shall hold a hearing at a regularly scheduled meeting or a special meeting to receive input from all affected parties.  Upon receiving input from the affected parties and reviewing such request, the Board shall make a final determination.  (Ord. 218, 2000)

 

                        3.         Expiration of Variance.  Unless otherwise stated in the Board minutes, all variances not exercised within six months from the date of final action by the Town Board shall become null and void.  (Ord. 218, 2000)

 

            13.08.230   Penalties.  Whenever in any section of this Ordinance or regulation promulgated hereunder, the doing of any act is required, prohibited, or declared to be unlawful and no definite fine or penalty is provided for a violation thereof, any person, firm, or corporation who shall be convicted of a violation of any such section shall, for each offense, be fined in a sum of not more than one thousand dollars ($1,000.00) or imprisoned not to exceed one (1) year, or both so fined and imprisoned.  (Ord. 1242, 1974, Code, 2002)

 


 

Chapter 13.12

WATER RATES AND RESTRICTIONS

 

 

Sections:

 

            13.12.010        Water Rates.

            13.12.020        Watering Restrictions.

            13.12.030        Prohibition of Water Tanks or Cisterns.

            13.12.040        Notice to Abate.

            13.12.050        Abatement.

            13.12.060        Penalties.

 

 

13.12.010   Water Rates.  The Town Board may, in its discretion, from time to time establish by resolution all rates for use of water and for obtaining water taps and other charges in connection with the Town water system.  (Ord. 193. 1997)

 

            13.12.020   Watering Restrictions.

 

            A.        To conserve the use of water, the Town Board, by Resolution, may establish a schedule for the watering of lawns and gardens during months of historic high water usage.  (Ord. 193, 1997)        

 

            B.        Any person violating such watering schedule shall be assessed a penalty according to the following schedule:  (Ord. 193, 1997)

 

                        First Violation – Warning (Ord. 193, 1997)

                        Second Violation -- $25.00 Penalty (Ord. 193, 1997)

                        Third Violation -- $50.00 Penalty (Ord. 193, 1997)

 

C.        Any penalty assessed under this Section shall be billed together with the water bill for the property where such violation occurred, and shall be due together with all other water charges for such property.  (Ord. 193, 1997)

 

D.        An administrative appeal of the assessment of any penalty assessed under this Section may be had by submitting a written appeal to the Town Clerk within ten (10) days of the date of the billing on which such penalty appears.  Appeals shall be heard by the Town Board at the next regularly scheduled Board meeting.  (Ord. 193, 1997)

 

 

 

 

 

            13.12.030   Prohibition of Water Tanks or Cisterns.

 

A.        Water services in the Town of Nunn shall be through the Nunn Water Activity Enterprise or other water utility which has been approved by the Town Board.  (Ord. 193, 1997)

 

B.        It shall be unlawful for any person to install or use a water tank, cistern, or similar private water system as a water supply on any property in the Town of Nunn.  Nothing herein shall be construed to prohibit the use of private wells which have been issued proper permits and are approved for such use by the Weld County Department of Health.  Nothing herein shall be construed to prohibit the keeping of water cooler or other such container for distilled, filtered, or otherwise purified drinking water, not to exceed ten (10) gallons capacity, provided that such drinking water shall be provided by a commercial dealer which has obtained a business license through the Town Clerk and which complies with all Weld County Department of Health and other applicable regulations and requirements.  (Ord. 193, 1997)

 

13.12.040   Notice to Abate.

 

A.        The Town Clerk shall notify the owner of record of the property on which any violation of Section 3.12.030 of this Chapter has occurred, by certified mail, return receipt requested, and may also give notice by personal service or by posting on the property that if the violation is not corrected within ten (10) days of the date of the notice, the owner will be issued a summons requiring the owner’s appearance in Municipal Court to answer charges for the violation of this Ordinance or that other appropriate enforcement will be taken.  (Ord. 193, 1997)

 

B.        At the expiration of the ten (10) day notice period, in addition to any other remedy, the Town of Nunn may abate any violation of Section 3 of this Ordinance as a “nuisance” and obtain appropriate injunctive relief in any Court having jurisdiction.  (Ord. 193, 1997)

 

13.12.050   Penalties.  Any person, firm, or corporation violating this Ordinance or any provision is guilty of a civil violation and, upon conviction thereof, shall be punished by a fine or not more than one thousand dollars ($1,000.00).  Each day during which such violation continues shall be deemed a separate offense.  (Ord. 193, 19997; Code 2002)