ORDINANCE NO. 2017-05

 

AN ORDINANCE AMENDING TITLE 13 OF THE KEENESBURG MUNICIPAL CODE REGARDING WATER AND SEWER FEES

 

            WHEREAS, Town staff has undertaken a review of the capital needs for the Town’s water and sewer systems, including preparation by Telesto Solutions Incorporated of a “Development Fees Study” dated March 2017 and has analyzed and assessed growth and development projections and impacts on the same for the Town, in order to determine the capital facilities needed to serve users of these systems; and

WHEREAS, the Town Board of Trustees desires to revise the Keenesburg Municipal Code as set forth herein with regard to fees charged to new users of the Town’s water and sewer systems.

 

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

 

Section 1.        Section 13-1-530 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 13-1-530Water plant investment fee system fees.

 

Any applicant desiring to take and use water from the water utility of the Town shall pay to the Town, through the office of the Town Clerk, a water plant investment fee such fees for each individual service pursuant to as required by the schedule of fees prescribed by adopted by the Board of Trustees pursuant to Section 13-1-550 of this Article. Such fee fees shall be paid in full prior to the time that water is taken and used for a purpose other than for construction purposes. Said fee fees shall be in addition to all other charges described in this Article.

 

Section 2.        Section 13-1-540 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 13-1-540Tap and main charges.

 

A charge shall be made by the Town to recover the costs incurred in making a tap on the Town line pursuant to this Article and installing the meter for service, which charge charges shall be made and collected at the time the permit is issued for connecting to the Town services in cases where the Town makes the tap. Such charges shall be set forth in the Fee Schedule schedule of fees adopted pursuant to Section 13-1-550.

 

Section 3.        Section 13-1-550 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 13-1-550Schedule of water plant investment system fees and/or tap charges.

 

(a)       Plant investment Water system fees shall be charged to metered users both in the Town and out of Town and paid as set forth in the Fee Schedule a fee schedule adopted by the Board of Trustees by ordinance or resolution.

 

(b)       In the event a water user from the water utility of the Town shall apply for and obtain permission to increase the size of his or her tap, he or she will pay an additional water plant investment fee fees to the extent of the difference between the original tap size and the larger one tap size as prescribed by the Fee Schedule set forth in the fee schedule adopted pursuant to this Section.

 

(c)       The tap fee for each user desiring to make a tap in excess of five-eighths (5/8) inch shall be determined by contract between the Town and the user. The amount determined by any such contract shall not be disproportionate to the tap fees established by the foregoing section of this Article.

 

Section 4.        Section 13-2-60 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 13-2-60   Wastewater system plant investment fees.

 

Wastewater tap fees, plant investment fees and user system fees shall be as such fees are set forth in the Fee Schedule a fee schedule adopted by the Board of Trustees by ordinance or resolution.

 

Section 5.        The Board of Trustees herewith finds, determines, and declares that this ordinance is necessary to the immediate preservation of public property, health, welfare, peace, or safety. Pursuant to C.R.S. § 31-16-105 this ordinance shall be effective upon adoption.

 

      Section 6.        If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

 

Section 7.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

 

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 17th day of April, 2017

 

TOWN OF KEENESBURG, COLORADO

 

 

____________________________________

Danny Kipp, Mayor

 

ATTEST:

 

 

___________________________________

Toni Pearl, Town Clerk