TITLE 080

For the purposes of this Title, certain terms are defined as follows unless the context clearly indicates that a different meaning was intended by the City Council:

Board of Utilities Service Appeal consists of the City Manager, the Director of Community Operations and the Director of Electric Services.

Due date means the date the utility service charges are due.

Electric Utility Board consists of the City Council members. (Ad 23-83 §2)

Utility service means electric, water and wastewater service or any one (1) or more of these. A service shall be considered a single meter or metering point or the point of connection of a service line to the City distribution (collection) line in the event a service is unmetered.

Utility service charges means the charges incurred by a user, be it by the owner, lessee or licensee of utility services, but shall not include line extension costs.

(Ad 23-83 §2)

080.010.020 Application for service.

(a) Required. Before any utility service shall be supplied to any person, application for such service shall be made to the City Manager on a form to be provided by the City. In addition to such information as deemed necessary by the City Manager, the application shall advise the applicant of the right to designate a third party to be notified in the event of discontinuance of service. Such application for service shall be signed by all parties who are responsible for payment for the utility service prior to the commencement of such service; however, the failure of a person to sign such application shall not relieve that person from liability for payment when such service is received by that person.

(b) Owner liability for lessee. The City, at its option, may require an owner, as well as a lessee or licensee, of premises to which utility service is supplied to agree to pay and to pay for all charges for such service, in which event the owner and the lessee or licensee, or both, shall be required to sign the application for service. (Code 1971 §22-3[a])

(c) Owner notification. In the event an owner wishes to be notified of utility service billing information for utility service to his/her premises which are occupied by others, he/she shall supply the City, on a form provided by the City, with a written notification form which must be signed by the owner and the person receiving such utility service. The City may charge a reasonable fee, determined by the City Manager, for providing such duplicate billing service.

(Code 1971 §22-3[a])

080.010.030 Deposits.

(a) Requirements. The City shall require any owner, lessee or licensee to pay a deposit of fifty dollars ($50.00) for each type of utility service for each residential unit, or a deposit of one hundred dollars ($100.00) for each type of utility service for each commercial unit. Such deposit shall be paid to the City prior to the commencement of any type of utility service. (Code 1971 §22-3[b])

(b) Exception. A deposit may be waived by the City Manager where the person to be responsible for payment of the utility service has an established good credit history with the City as defined in Subsection (f) below.

(c) Interest. Interest shall be paid on utility service deposits at the rate which is determined by the Colorado Public Utilities Commission on an annual basis. (Code 1971 22-3[b]; R & Re 3-93 §1)

(d) Application to account. Upon discontinuance of the utility service by the customer, such deposit plus accrued interest shall be applied to the final bill and the excess, if any, shall be refunded to the customer within fifteen (15) days of the discontinuance of service. In the event of discontinuance of utility service by the City, such deposit plus accrued interest shall be applied to the outstanding charges with the excess, if any, refunded to the customer within fifteen (15) days of the discontinuance of service.

(e) Application to other types of service. A deposit for one (1) type of utility service cannot be applied to unpaid charges for another type of utility service without the written permission of the customer. However, the City need not refund any deposits paid pursuant to this Section, except for a good credit history as noted in Subsection (f) below, so long as any utility service charges are due to the City by that customer.

(f) Refunds. Deposits paid pursuant to this Section plus accrued interest shall be refunded to the customer whenever the customer has established a good credit history with the City which, for purposes of this Section, shall mean no less than twelve (12) months of payments for utility service on a current basis or upon discontinuance of utility service when charges for all types of utility service to the City have been paid in full. Such refunds shall be made within thirty (30) days of establishment of a good credit history or within fifteen (15) days of the date of discontinuance of service.

(g) New deposits. If a customer receives a notice of discontinuance of a utility service for nonpayment of utility service charges or has a utility service discontinued for nonpayment of service charges, such customer shall be required, in addition to other requirements of this Article, to pay a deposit as required by Subsection (a) above.

(Code 1971 §22-3[b]; R & Re 3-93 §1)

080.010.040 Connection fee.

Before any water or electric service for a new customer is commenced, the applicant for such service shall pay a fee of fifteen dollars ($15.00) for each type of service. This fee shall be paid upon initial commencement or recommencement of service. (A 18-86)

080.010.050 Utility service charges.

(a) When charges due and payable. All charges for utility service shall be due and payable within fifteen (15) days after the date the City mails a bill to the customer. If such charges remain unpaid for fifteen (15) days after the mailing of a bill, the City may follow the discontinuation procedures set forth in Section 080.010.060.

(b) Disputes over bills. Any customer who disputes the charges on a utility service bill may request a meeting with the appropriate City employee to resolve the dispute. Such request shall be made on or before the due date for these charges. If the customer is dissatisfied with the decision of the City employee, he/she may appeal that decision to the City Manager by filing with the City Clerk a written appeal setting forth the manner in which the customer disputes the charges. Such written appeal shall be made within five (5) business days of the date of the meeting with the City employee. The City Manager shall meet with the customer within three (3) business days of the receipt of the appeal and shall render a decision at the conclusion of such meeting. If the customer is dissatisfied with the City Manager's decision, the customer shall file a written appeal of that decision with the City Clerk within three (3) business days of the City Manager's decision. Such appeal shall be heard by the Board of Utilities Service Appeal within five (5) business days from the receipt of the appeal. The decision of the Board of Utilities Service Appeal shall be final. No utility service may be discontinued during this dispute process for legitimate disputes about charges; however, the City may begin the discontinuance notice provisions during such dispute process.

(c) Account history. Should a customer request a history of his/her utility service charges, the City may charge a reasonable fee, as determined by the City Manager, to pay for the cost of preparation of such account history.

(d) Adjustment limitation. No adjustment in charges for utility service may be made, including refunds or extra charges after twelve (12) months from the due date for such utility service charges.

080.010.060 Discontinuance of service.

(a) Grounds for discontinuance. If any utility service charges remain unpaid for fifteen (15) days after their due date, the City may terminate service for the type of utility service for which payment has not been made. In addition, the City may terminate a utility service for violation of any rule or regulation concerning such utility as set forth in this Title. (Code 1971 §22-1[a])

(b) Notice of termination. In order to terminate any services the City shall send a notice of termination by first class mail or, at the City's option, by certified mail, return receipt requested, or by posting in a conspicuous place at or near the main entrance to the premises served by such utility service to the customer listed on the City records and, at the City's option, to the occupant of the premises served and/or the owner of the premises served. The notice shall include information containing the following:

(1) That the customer is entitled to a hearing in person before termination of service at a reasonable time and place by requesting such hearing, in writing, within ten (10) days of the date of the notice of discontinuance;

(2) That the customer may avoid termination of service by paying the current utility service charges in full and entering into a reasonable installment payment agreement with the City to pay any past due balance in no more than six (6) equal monthly installments;

(3) That, in the event the customer is unable to pay for such utility service charge as regularly billed by the City or is able to pay for such service but only in reasonable installments and there is a medical certification delivered to the City indicating that termination of service would be especially dangerous to the health and safety of the customer or a permanent resident of the customer's household, as such medical emergency is defined in Subsection (f)(3) below, there will not be discontinuance of service for sixty (60) days from the date of medical certification, with a possible thirty-day extension upon delivery of the second medical certification;

(4) A list of major federal, state or local governmental agencies known to the City which provide customer assistance or benefits relating to utility service. (Code 1971 §22-1[b])

(c) Dispute conference. Upon the timely request of a recipient of a notice of termination, the Director of Finance shall meet and consult with the recipient of the notice within seven (7) days after receipt of the recipient's request to do so. If the Director of Finance is unavailable, the City Manager shall appoint other City personnel to do so, who shall then have all powers granted herein to the Director of Finance. The Director of Finance shall meet with the recipient and shall be empowered to settle the dispute with regard to utility service charges and violations of rules and regulations of a utility; however, any utility service charges which were not disputed by the recipient pursuant to Subsection 080.010.050(b) shall not be raised at this time, as such disputes shall have been deemed waived by the recipient. The Director of Finance shall issue a decision on the dispute at such conference and shall inform the recipient that the recipient has the right to appeal the decision of the Director of Finance to the Board of Utilities Service Appeals within three (3) business days of such conference. (Code 1971 §22-1[c])

(d) Appeal. If a recipient files a written notice with the City Clerk to appeal the decision of the Director of Finance rendered pursuant to Subsection (c) above within three (3) business days of such decision, the City Manager shall give notice of not more than five (5) days to the members of the Board of Utility Services Appeal ("Board") and to the appellant of the time and place of a meeting of the Board to review the decision of the Director of Finance. The meeting shall be informal and, at the request of the appellant, will be recorded on the City's electronic magnetic tape system. The City and the appellant may present facts or data relevant to the dispute with or without the swearing of an oath. The Board shall consider the data and evidence before it and shall affirm, modify or reverse the decision of the Director of Finance. The decision of the Board is final. If the decision of the Board is to order discontinuance of utility service, then such discontinuation shall occur unless, on the day of the decision or the following day, the utility service charges are paid or the violation of a rule or regulation is corrected. (Code 1971, §22-1[d])

(e) Effective date of discontinuance of service. The effective date of the discontinuance of utility service shall be the earliest of:

(1) Eleven (11) days after the mailing by the City of a notice of termination, if no request for hearing before the Director of Finance is made;

(2) Four (4) working days after the decision of the Director of Finance if no appeal of his/her decision is filed with the City Clerk; or

(3) Two (2) days after the decision of the Board of Utility Services Appeal. (Code 1971, §22-1[e])

(f) When utility service not discontinued. Utility service shall not be discontinued:

(1) If all current utility service charges are paid when due and all past due amounts are being amortized by reasonable installment payments not exceeding six (6) equal monthly installments. Current bill means that portion of the bill which is not fifteen (15) days past the due date. The minimum reasonable installment payment is that which pays a current bill in full and is at least one-sixth (¹/6) of any past due balance. A reasonable installment payment plan may require that the past due balance be paid in full in no more than six (6) equal installments. The City has the right, in the event there is a breach of the installment agreement, to discontinue service on or after the second day following the mailing or posting of the notice of termination to the customer at the address supplied by the customer and to require, in order for the customer to avoid termination or to be reconnected, payment in full of the current bill and of all past due amounts and the posting of a deposit in accordance with Section 080.010.030 in order for the customer to be reconnected or for utility service to continue.

(2) Between 12:00 p.m. on Friday and 8:00 a.m. on the following Monday or between 12:00 p.m. on the day prior to and 8:00 a.m. on the day following any federal holiday or City holiday.

(3) During any period when termination of service would be especially dangerous to the health or safety of any residential customer or permanent resident of the customer's household and such customer has established that he/she was unable to pay for the service as regularly billed by the City or is able to pay for such service but only in reasonable installments. Termination of service that would be especially dangerous to the health or safety of the residential customer or a permanent resident of the customer's household means that the termination of service would aggravate an existing medical condition or create a medical emergency for the customer or a permanent resident of the customer's household. Such shall be deemed to be the case when a physician licensed by the State makes a certification thereof in writing and said certification is received by the City. In the event a medical certification is delivered to or received by the City, a nondiscontinuance of service as herein prescribed shall be effective for sixty (60) days from the date of said medical certification. One (1) thirty-day extension on nontermination of service pursuant to this Paragraph may be effected by delivery to and receipt by the City of a second medical certification, as defined above, prior to the expiration of the initial sixty-day nontermination. A residential customer may invoke the provisions of this Paragraph no more than once during any period of twelve (12) consecutive months. A reasonable installment is defined as one which pays off at least one-sixth (¹/6) of the past due balance and is made no less frequently than once a month.

(4) In the event a customer at any time proffers full payment of any utility bill by cash or bona fide check to the Director of Finance.

(5) If violations of rules or regulations concerning the receipt or use of utility service have ceased. (Code 1971 §22-1[b])

(g) Reconnection. Nothing contained in this Section shall preclude the City from charging a connection fee as required by Section 080.010.040 before reconnecting a utility service discontinued pursuant to this Section. In addition, prior to reconnection, all charges for that type of utility service must be paid to the City.

(h) Delivery of notice. Notwithstanding anything to the contrary in this Section, whenever reference is made herein to a notice or other document being mailed or delivered, that phrase shall mean that the notice or other document is either deposited in the United States mail, postage paid, first class or certified mail, return receipt requested, at the City's option, or physically delivered to the addressee, which physical delivery will be accomplished by either handing to someone over eighteen (18) years of age at the premises served or by posting upon the main entrance of the premises served by the utility service in a conspicuous place.

(Code 1971 §22-1[a]—[e])

080.010.070 Short checks.

(a) Payments on account. All payments made for utility service charges by check for which the check is returned by the bank upon which it is drawn to the City for reason of insufficient funds or a closed account shall be considered as if no payment had been made, and the City shall have all remedies which are otherwise available to it for nonpayment. In addition, the City may add twenty-five dollars ($25.00) to the utility service charge account for each such short check. (A 23-93 §1)

(b) Shut-off notice. Where a customer has received a notice that his/her utility service will be discontinued and then pays during such notice period for such utility service by check, which check is later returned by the bank upon which it is drawn to the City for reason of insufficient funds or a closed account, the City may terminate such utility service by giving forty-eight (48) hours' notice by mailing or posting such notice in the same manner as provided in Paragraph 080.010.060(b). Such termination of utility service may only be avoided by payment in full of the check amount, plus the fee as provided in Subsection (a) above, in cash or certified funds within said forty-eight-hour period.

(c) Cash requirement. The City may, at any time after receiving a short check for utility service charges, require future utility service payments in cash or certified funds.

(A 23-93 §1)

080.010.080 Transfer of charges.

Whenever a person applies for utility service and has utility service charges owing to the City for the same type of utility service, the City may, at its option, require payment in full of the outstanding charges or add said charges to the new account. Such charges, if added to the new account, shall be due and payable fifteen (15) days after said new account is open.

080.010.090 Confidentiality of information.

All information acquired by the City with respect to providing utility service shall be confidential and shall not be released to any person except as follows:

(1) Any person, or his/her designated representative, shall have access to information relating to his/her own utility service accounts.

(2) Any owner, or his/her designated representative, may have access to utility service billing information for utility service to his/her premises which are occupied by others as provided in Subsection 080.010.020(c).

(3) Any property owner, or his/her designated representative, shall have access to information relating to current and historical utility usage on his/her property and information relating to delinquent utility service charges on his/her property.

(4) Any purchaser of real property under contract, or his/her designated representative, shall have access to information relating to current and historical utility usage on the subject property and information relating to delinquent utility service charges on the subject property. (R & Re 16-92 §1)

(R & Re 16-92 §1)

080.010.100 Lien on property.

(a) Charges are lien. All utility service charges shall be a lien upon the respective lots or parcels of land where the services are used from the time when incurred and shall be a perpetual lien against such lots or parcels of land until paid, and such lien shall be enforced as provided in this Section. (Code 1971 §22-81[g])

(b) Notice of intent to file lien. If charges for any utility services or any combination of these services remain unpaid for fifteen (15) days after the due date for such charges, the City may send a notice of lien assessment, by first class mail or by certified mail, return receipt requested, at the City's option, to the customer listed on the City's records, to the owner of the property and, at the City's option, to the occupant of the premises served. The notice shall state that the City intends to file a lien on the property served for the amount of the unpaid charges for the utility services; that the recipient of the notice may, within ten (10) days after notice is sent, contact the Director of Finance, Glenwood Springs Municipal Building, 101 W. 8th Street, Glenwood Springs, Colorado, to question, adjust and settle the matters in dispute; that the recipient may appeal the decision of the Director of Finance to the Board by filing a written notice of appeal with the Director of Finance delivered not more than three (3) working days after the decision of the Director of Finance concerning the matters in dispute; upon such appeal, that the Board shall review the matters in dispute and render a decision; that a lien for unpaid charges for utility services shall be assessed against the properties served if the arrearages remain unpaid and if the matters in dispute are determined adversely to the appellant; and that the amount of the lien shall be equal to arrearages for unpaid utilities services and other costs allowed by this Title. (Code 1971, §22-2[a]; A 20-11, §2)

(c) Hearings. The Director of Finance and subsequently the Board shall meet with the person to whom the notice was sent to determine whether a lien should be asserted for arrearages for utility services on the property served. The procedures shall follow substantially those set forth in Subsections 080.010.060(c) and (d), except that the question to be resolved shall be whether a lien should be asserted on the property to which utility services were furnished and the extent of arrearages for nonpayment. If the Director of Finance or, on appeal, the Board, determines that such arrearage exists as of the date of decision of the Director of Finance or the Board, respectively, or should no appeal to the Director or the Board occur, the amount of arrearages shall become a lien on the property served which shall run in favor of the City. The lien shall be certified to the County Treasurer with instructions to collect the lien in the same manner as general taxes are collected and assessed against the subject property. To collect the lien, the City may avail itself of the laws regarding liens, including laws for the sale and redemption of property for nonpayment. Without limiting the foregoing, the City may bring an action in a court of law to collect all unpaid arrearages for utility services. (Code 1971 §22-2[b])

(Code 1971 §§22-2[a], §22-2[b], §22-81[g])

080.010.110 Violations and enforcement.

It shall be a misdemeanor for any person to violate any of the provisions of this Title or any of the rules and regulations or orders issued pursuant to this Title and, upon conviction for the same, each such person shall be punished in accordance with the provisions of Section 010.020.080.

080.010.120 Low-income utility assistance programs.

Upon approval by an ordinance of the City Council, the City Manager may be authorized to administer assistance programs for low-income utility service customers. Such programs may include financial assistance to low-income utility customers, which assistance may be provided directly by the City or through agreement with other governmental entities. However, in no event shall preferential utility rates be granted to any utility customer under such a program. Procedures for application, billing and discontinuance of service may be approved by the City Council under such a program to supplement or supersede similar procedures as set forth in this Article. (Ad 40-84)

ARTICLE 080.020

Electric Regulations *

080.020.010 Electrical services rules and regulations.

(a) Adoption. There is hereby adopted the Rules of Practice and Procedure Before the Electric Utility Board of the City of Glenwood Springs, Colorado, 1983 Edition, as promulgated by the City of Glenwood Springs, Colorado, 101 W. 8th Street, Glenwood Springs, Colorado. (Ad 23-83 §3; A 20-11, §2)

(b) Copies. Copies of the Rules of Practice and Procedure Before the Electric Utility Board are available for public inspection at the office of the City Clerk, 101 W. 8th Street, Glenwood Springs, Colorado. (Ad 23-83 §3; A 20-11, §2)

(c) Disputes. All disputes arising from the Rules of Practice and Procedure Before the Electric Utility Board or other disputes regarding the provision of electrical service, except disputes over utility service charges as provided in Subsection 080.010.050, shall be made in accordance with the Rules of Practice and Procedure Before the Electric Utility Board of the City of Glenwood Springs, Colorado, 1983 Edition.

(Ad 23-83 §3)

080.020.020 Inspection and power factor.

The City shall have the right at any reasonable time to make inspection of lights, appliances or other devices using electrical energy from the City's electric system. If the Electric Department shall determine, upon such investigation, that the power factor of lights, luminous or other electric discharge tube lighting installations or other apparatus or equipment utilizing electricity from the City's electric system shall be less than ninety percent (90%) lagging, the City may, at its option, terminate service until effective power factor corrective equipment can be approved by the City, which shall be installed at the customer's expense, or the City may increase the service rates with an adjustment to be made by increasing the measured demand one percent (1%) for each one percent (1%) by which the average power factor is less than ninety percent (90%) lagging. (Code 1971 §22-32)

ARTICLE 080.030

Wastewater Regulations

080.030.010 Connections to wastewater system.

(a) Requirement to connect. All buildings located within the City and within four hundred (400) feet of any established wastewater line, which are used for residence or business purposes or in which persons congregate or are employed, must be connected with the City wastewater system; and all plumbing fixtures in such buildings shall also be connected to the City's wastewater system. Where an established wastewater line is not so available, the building wastewater shall also be connected to a private disposal system in conformity with the design criteria and rules and regulations of the Colorado Department of Public Health and Environment. (Code 1962 §11-15; Code 1971 §22-45)

(b) City permission required. Any person who wishes to connect onto the City's wastewater system must first make an application for such connection to the Community Development Department and pay the tap fee for such connection upon receipt of an invoice from the City which states the actual cost incurred installing the tap. (A 29-94 §1)

(c) Tap fee. The fee to tap onto the City wastewater system shall be the actual cost incurred by the City. An invoice detailing the costs incurred installing the tap shall be transmitted to the applicant for the tap. (Code 1962 §11-16; Code 1971 §22-46; A 29-94 §2)

(d) Maintenance. It shall be the responsibility of the owner of property to maintain the wastewater service line from his/her building to the City's wastewater main.

(e) Abandonment of connection. No person shall abandon any building wastewater connection to the City's wastewater collection system without first obtaining a written permit therefor. Such connection shall be effectively sealed at the City's main with an approved stopper and shall be sealed as directed by the City Manager. (Code 1971 §22-60)

(Code 1962 §§11-15, 11-16; Code 1971 §§22-45, 22-46, 22-60; A 29-94 §§1, 2)

080.030.020 Line extensions.

(a) Service line connections or enlargement of use. No additional service line connections or enlargement of use shall be allowed on any wastewater lines which do not conform in all respects with the provisions of this Article, Title 070 and the rules and regulations adopted pursuant to this Article. Any such extension shall be at the sole cost and expense of the person requesting such extension. (Code 1971 §22-48)

(b) Installation. All extensions to and enlargements of wastewater lines shall be installed in accordance with the provisions of this Article and Title 070. Such lines may, at the City's option, be installed by the City or by the person to be served by the extension or enlargement. If such extension or enlargement is to be installed by the City, the person to be served shall deposit with the Director of Finance the estimated costs of such installation. Upon completion, the person to be served shall pay any difference between the estimated cost and the actual cost; or, if an overpayment has been made, the City shall refund such excess payment. Such cost of installation shall remain a lien on the property served by such installation until paid to the City. Any extension or enlargement installed by someone other than the City shall be guaranteed for two (2) years from the date the City accepts said line. All such installations shall be subject to inspection by the City during installation. (Code 1971 §22-54; A 14-09, §2)

(c) Oversizing. The City may require a person who requests a line extension or enlargement to enlarge the wastewater line at the time of installation to provide for anticipated users to be served by or from such line extensions. All additional costs required by such enlargement shall be paid by the City.

(d) Ownership of extension. All wastewater lines constructed pursuant to Subsection (b) above shall be and become the sole and exclusive property of the City, as well as any and all easements and rights-of-way therefor; and all such persons paying for the same shall, upon request of the City, execute and deliver any and all necessary and proper deeds of conveyance, assignments or other documents which the City may desire to perfect such ownership by the City. Nothing in this Subsection shall be construed to change the maintenance responsibility as set forth in Subsection 080.030.010(d). (Code 1971 §22-56)

(Code 1971 §§22-48, 22-54, 22-56)

080.030.030 Waste discharge regulations.

(a) Storage of wastewater lines prohibited. It shall be unlawful for any person to place or cause to be placed any solids or insoluble matter of any kind or nature whatsoever within any wastewater line belonging to the City or any part thereof or within any connection thereto. (Code 1962 §11.21; Code 1971 §22-51)

(b) Discharge of nonacceptable wastes into wastewater system prohibited. The discharge of nonacceptable wastes into the City wastewater system, whether directly or indirectly, is prohibited; and, where investigation reveals the presence in the system of nonacceptable wastes emanating from any lot, land, building or premises, the owner, lessor, renter or occupant of such lot, land, building or premises shall be required at his/her own expense to treat, neutralize or in other ways prepare the noxious substance therein to the satisfaction of the City Manager in order to convert the same into acceptable wastes. Nonacceptable wastes are herein defined as follows:

(1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit;

(2) Any water or waste having a five-day Biochemical Oxygen Demand which may contain more than one thousand (1,000) parts per million by weight as averaged during any twelve-hour period,

(3) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

(4) Any garbage that has not been property shredded;

(5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch, manure, grit, brick, cement, onyx, carbide or any other solid or viscous substance capable of obstruction of the flow of the wastewater lines or other interference with the proper operation of the wastewater system;

(6) Any water or waste having a pH lower than five and one-half (5.5) or higher than nine (9), or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the wastewater system;

(7) Any water or waste containing a toxic or poisonous substance in sufficient quantities to injure or interfere with the wastewater process, instituting a hazard to humans or animals or creating any hazard in the receiving water at the City's wastewater treatment facility;

(8) Any water or waste containing suspended solids of such character or quantity that unusual attention or expense is required to handle such materials at the City's wastewater treatment facility;

(9) Any noxious or malodorous gas or substance capable of creating a public nuisance

(10) Any surface or ground water; or

(11) Any toxic or poisonous pollutant which causes an increase in the cost of operation and maintenance for treating and managing the sludge at the City's wastewater treatment facility. Upon violation of this Paragraph, in addition to all other remedies of the City, the City shall require the violator to pay the increased costs in managing and treating such toxic or poisonous pollutants.

In the event the above-described nonacceptable wastes cannot be treated, neutralized or in other ways prepared to the satisfaction of the City Manager, the City Manager may order the building discharging such nonacceptable wastes disconnected from the City's wastewater system until such wastes can be eliminated, treated, neutralized or in other ways prepared to the satisfaction of the City Manager. (Code 1971 §22-57)

(c) Use of grease, oil, sand traps. Grease, oil and sand traps or other appurtenances shall be provided when, in the opinion of the City Manager, they are necessary for the proper handling of any liquid waste containing grease in excessive amounts or any flammable waste, sand or other harmful ingredients. All traps shall be of a type and capacity approved by the City Manager and shall be located as to be readily and easily accessible for cleaning and inspection. (Code 1971 §22-58)

(d) Control manhole required. When required by the City Manager, the owner of any property served by a building wastewater line carrying industrial waste or nonacceptable waste, as defined in this Section, shall install a suitable control manhole in the building wastewater line to facilitate observation and sampling of the waste by the City. Such manholes, when required, shall be accessible and safely located and shall be constructed in accordance with the plans approved by the City Manager. The manholes shall be installed and maintained by the owner at his/her expense. (Code 1971 §22-59)

(Code 1962 §11.21; Code 1971 §§22-51, 22-57—22-59)

080.030.040 Work performed.

Except for the digging and backfilling of ditches and except as provided in Section 050.040.050, all work upon or in connection with any portion of the wastewater system of the City or any utilities which connect thereto shall be done by the City or by a plumbing contractor licensed in accordance with Section 12-58-101 et seq., C.R.S., as amended, and shall be performed in conformity with the design criteria of the Colorado Department of Public Health and Environment and the rules and regulations of the City. Such work shall be inspected and approved by the City. (Code 1962 §11.17; Code 1971 §22-47; A 25-88 §8)

080.030.050 Adoption of rules and regulations.

The City Council shall make and enforce such rules and regulations as it may deem necessary for the safe, efficient and economical management of the City wastewater system. There is hereby adopted by reference the Rules and Regulations Governing Construction, Maintenance and Control of the Wastewater System of the City of Glenwood Springs, Colorado, adopted by the City Council of the City of Glenwood Springs, Colorado, on September 21, 1972, pursuant to the authority of this Section. Copies of such Rules and Regulations are available for public inspection in the Office of the City Clerk, 101 W. 8th Street, Glenwood Springs, Colorado. (Code 1971 §22-61; A 20-11, §2)

ARTICLE 080.040

Water Regulation

080.040.010 Connections to water system.

(a) Requirement. All connections to the City waterworks system shall be made in conformity with the provisions of this Article and Title 070.

(b) City permission. Any person who wishes to connect onto the City's waterworks system must first make an application for such connection to the Community Development Department and pay the tap fee upon receipt of an invoice from the City which states the actual cost incurred installing the tap. (A 29-94 §3)

(c) Tap fee. The fee to tap onto the City waterworks system shall be the actual cost incurred by the City. An invoice detailing the costs incurred installing the tap shall be transmitted to the applicant for the tap. (Code 1971 §22-63; A 29-94 §4)

(d) Service connections. The maximum size of a water service tap shall be based on the number of equivalent units (EQRs) established in Article 080.060 to be connected to the tap and shall be determined as follows:

Number of Equivalent Units	Maximum Tap Size in Inches
1	¾
2	1
3-5	1½
6-11	2
12-32	3
32-65	4
65-181	6

(Code 1971 §22-64)

(e) Maintenance of service lines. All service pipe and appurtenances, including the curb cock and curb box, shall be located in a dedicated right-of-way or easement, shall be and become the sole and exclusive property of the City and shall be maintained by the City. That portion of the service line from the curb or property line to the building served shall be installed and maintained by the consumer at his/her own expense. (Code l971 §22-64)

(f) Cross-connection prohibited. No person shall make, install, maintain or permit any cross-connection between the City waterworks system and any pipe, plumbing or water system which contains water of an unknown quality. Failure to remove such connection within ten (10) calendar days after being ordered in writing by the City to remove the same could result in termination of the water service. For the purposes of this Subsection, cross-connection means any connection which would allow water to flow from any pipe, plumbing fixture or water system into the City waterworks system. The City also requires the installation of a Reduced Pressure Principal Assembly on any untreated (raw) water connection that uses water from the City’s untreated (raw) water source. These assemblies are to be tested at the same annual frequency as other assemblies required and located on the potable water side of the City waterworks system. (Cross reference: Section 25-1-114(h), C.R.S.; A 24-07, §2)

(Code 1971 §§22-63, 22-64; A 29-94, §§3, 4; A 24-07, §2)

080.040.015 Connections to raw water irrigation system.

(a) Requirement. If practical and reasonable in the sole opinion of the City, any property proposed to be developed or redeveloped that is located within the City and within four hundred (400) feet of any established raw water irrigation line with available water rights for such purposes must connect to the City's raw water irrigation system in order to irrigate any lawn or other vegetation located thereon.

(b) City permission required. Any person wishing to connect onto the City's raw water irrigation system must first make application for such connection to the Community Development Department and pay the tap fee for such connection upon receipt of an invoice from the City which states the actual cost incurred for installing the tap.

(c) Maintenance. It shall be the responsibility of the owner of the property to maintain the raw water irrigation line within his/her property lines.

(d) Fee discounted. Any person connecting to the City's raw water irrigation system shall receive a twenty-five-percent discount on all water system improvement fees related to the property irrigated.

(Ad 33-99 §1)

080.040.020 Water meter equipment.

(a) Water meter requirement. As a condition for obtaining City water service, an applicant for City water service shall install a water meter under the following circumstances:

(1) For any new tap upon the City's waterworks system, a water meter shall be installed prior to the commencement of service.

(2) For any reconnection or resumption of service following any discontinuation of service as set forth in Section 080.010.060, a water meter shall be installed prior to the resumption of service.

(3) When any person changes the use of an existing water tap or changes the use of water from the City's waterworks system so that a different "unit or equivalent thereof" or "classification" applies to the new use as established or defined in Article 080.060, a water meter shall be installed prior to the commencement of the new or changed use.

(4) Whenever there is a change of ownership of any property upon which an unmetered water service exists, the new owner shall, within sixty (60) days of the establishment of a water account in the new owner's name, install a water meter upon the previously unmetered tap.

(5) All residential and commercial water accounts shall be metered no later than 12:00 a.m. on December 31, 2000. (Ad 21-99 §3)

(b) Installation, ownership and maintenance.

(1) Any water meter required to be installed pursuant to this Section shall be installed at the sole cost and expense of the customer. Such installation shall be performed according to design and engineering standards established by the City Engineer and shall be subject to inspection by the City. The meter or a remote readout connected thereto shall be installed and maintained in a location which is convenient to the City's meter readers.

(2) Water meters may be purchased by the customer from the City. The City shall sell such meters, accessory connections and, if necessary, a remote readout to the customer at cost. The customer may also purchase such meters and necessary appurtenances meeting City specifications from private suppliers. The City Engineer is hereby authorized to promulgate name brand specifications for permissible water meters and appurtenances, which specifications shall be mandatory.

(3) Each and every water meter installed pursuant to this Section shall become and remain the property of the City when installed.

(4) It shall be the duty of each water user to maintain the water meter upon his/her service line in good operating condition and to replace the water meter if damaged due to any act or negligence of the water user, his/her tenants, employees or agents of any kind. The City shall repair or replace any water meter which is defective or inoperable due to no fault of the water user, his/her tenants, employees or agents. It shall be the duty of the water customer to promptly notify the City of any such defective meter.

(c) Metered rate requirement. All metered water users shall pay the metered water and sewer rates set forth in Article 080.050. Metered residential customers who have been heretofore billed on an unmetered basis shall, commencing February 1, 1992, be billed on a metered basis.

(d) Unlawful acts.

(1) It shall be unlawful for any person to alter, obstruct or interfere in any way with the action of any water meter or remote readout installed pursuant to this Section without the knowledge and consent of the City. Nothing in this Subsection shall be construed to apply to any licensed electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.

(2) It shall be unlawful for any City water customer to knowingly keep and maintain a water meter or remote readout which is underestimating the quantity of water delivered to the customer.

(e) Failure to comply. Failure to install or maintain a water meter or otherwise comply with the requirements of this Section shall be grounds for discontinuance of water service pursuant to the procedures set forth in Section 080.010.060 and/or the tripling of the applicable unmetered rates set forth in Section 080.050.030. (A 34-00 §1)

(R & Re 37-90 §1; Ad 21-99 §3; A 34-00 §1)

080.040.030 Line extensions.

(a) Construction of waterlines and appurtenances. All extensions to and enlargements of waterlines and appurtenances shall be constructed in accordance with this Article, Title 070 and the rules and regulations promulgated pursuant to Section 080.040.070, which extension or enlargement shall be at the sole cost and expense of the person requesting such line extension. Such line extension or enlargement may, at the City's option, be installed by the City, by the person to be served by the extension or enlargement or by a plumbing contractor licensed in accordance with Section 12-58-101 et seq., C.R.S., as amended. Prior to the commencement of the construction of any such waterline or appurtenance, the applicant shall obtain the written consent and approval of the City. The applicant shall submit a map or plat of the right-of-way therefor and a plan and design prepared by a professional engineer licensed by the State showing the manner in which water is proposed to be furnished to the consumer. If such extension or enlargement is to be installed by the City, the person to be served by such extension or enlargement shall deposit with the Director of Finance the estimated cost of such construction. Upon completion, such persons shall pay any difference between the estimated costs and the actual costs; or, if overpayment has been made, the City shall refund such excess payment. Such cost of construction shall remain a lien on the property served by such construction until paid to the City. Any extension or enlargement installed by someone other than the City shall be guaranteed for two (2) years from the date the City accepts said line. All such construction shall be subject to inspection by the City during construction. (Code 1971 §22-69; A 25-88 §9; A 14-09 §2)

(b) Oversizing. The City may require a person who requests a line extension to enlarge the water line at the time of installation to provide for anticipated water users to be served by or from such line extension. All additional costs required by such enlargement shall be paid by the City.

(1) Except upon prior approval of the City Council, no water lines or any appurtenances to the City's waterworks shall be constructed or enlarged:

a. Outside the corporate limits of the City; or

b. (R 9-93 §1)

c. When the static pressure measured at the point of connection to the existing water system does not exceed forty (40) pounds per square inch during the average peak use periods in the months of April, May and June or when the flow pressure and volume are insufficient to ensure an adequate and constant supply of water from mains and from fire hydrants for consumption by users and for fire protection; or

d. Into any hazard avoidance district, as set forth in Article 070.100, except in accordance with the provisions of said Article; and

e. Until a preannexation agreement is entered into by any applicant for property to be served with water service outside the corporate limits of the City; the conditions for the preannexation agreement shall be determined in accordance with Title 070.

(2) In order to obtain the construction of water facilities as set forth in Paragraph (1) above, the applicant shall file a written application for such extension in a form approved by the City Manager which shall include, among other things, a map or plat of the right-of-way for the water lines and a plan or design prepared by a professional licensed engineer showing the manner in which the water is proposed to be finished to the user.

(3) In approving the extension of water lines or appurtenances and construction thereof under the circumstances set forth in Paragraph (1) above, the City Council may impose such conditions as may be necessary to ensure that water shall be available at all times to in-City users, and the City Council shall require that the construction of the approved water lines and appurtenances comply with this Article, Title 070 and all rules and regulations promulgated pursuant to Section 080.040.070.

(4) No additional water service line connections or enlargements of the use of water shall be allowed on any water lines which do not conform in all respects with the provisions of this Article, Title 070 and rules and regulations adopted pursuant to Section 080.040.070.

(5) Nothing in this Section shall affect, enlarge or diminish the obligations of the City under existing written contracts to provide water service, water lines or appurtenances outside the corporate limits of the City, including contracts with the West Glenwood Water District and with Sunny Acres Water Association, nor shall anything herein affect, enlarge or diminish the right of the City to construct improvements and enlargements to its waterworks outside the City in order to provide water service to in-City or out-of-City users or as otherwise allowed by law. (Code 1971 §22-70)

(d) Ownership of extensions. Every new extension, enlargement and constructed main or line as provided in Subsections (a) and (c) above shall be and become the sole and exclusive property of the City, as well as any and all easements and rights-of-way therefor; and all such persons paying for the same shall, upon request of the City, execute and deliver any and all necessary and proper deeds of conveyance, assignments or other documents which the City may desire to perfect such ownership in the City. (Code 1971 §22-71)

(Code 1971 §§22-69, 22-71; A 25-88 §9; R 9-93 §1)

080.040.040 Service outside City.

Water not needed for use by the City and its residents may be sold to consumers outside of the City's corporate limits through existing water mains and facilities for domestic, limited irrigation and industrial purposes. Such service shall be provided at the rate stated in Article 080.050 and subject to all rules and regulations for users inside the City limits. No outside City user shall use water for irrigation except for the irrigation of a parcel or tract of land not exceeding twelve thousand (12,000) square feet, which tract or parcel shall include the residence and any other improvements appurtenant to the residence. (Code 1971 §22-68)

080.040.050 Customers not to supply water to others.

No occupant or owner of any building or premises which obtains water from the City waterworks system shall supply water to other persons or families or to other premises. The water supply may be discontinued for any violation of this Section. (Code 1971 §22-65)

080.040.060 Wasting Water, authority of City Manager to limit use of water during water shortage.

(a) Wasting water prohibited. Consumers shall prevent unnecessary waste of water and shall keep all water outlets closed when not in actual use. Hydrants, urinals, water closets, bathtubs and other openings must not be left running for any purpose other than the use for which they were intended, and all such fixtures must be kept in good repair. The escape of water from the premises upon which water is being utilized shall be prima facie evidence of wasting water.

(b) Water shortages. Whenever the City Manager finds that the water available to the City or to users is insufficient in quantity or quality to provide unlimited usage to all consumers, he/she is authorized and empowered to ration and limit the usage of water for other than in-house domestic usage for such periods of time and under such actions as he/she deems necessary. Notice of the rationing and of the nature of the restrictions shall be published as soon as practicable in the official newspaper of the City, and the rationing and limitation of usage shall become effective on the day following the publication of notice in the official newspaper of the City. However, if the City Manager finds that the quantity or quality of the City water is such that an acute shortage exists and impairs the ability to afford adequate fire protection or presents a substantial hazard to the public health, safety or welfare, the rationing and imposition of restrictions shall become effective immediately upon the imposition of such rationing and restrictions. As soon as practicable after the City Manager terminates the rationing and restrictions on usage, notice shall be published in the official newspaper of the City.

(c) Termination of service for violators. Water service shall be discontinued to all persons who waste water or who violate any rule or regulation governing the rationing or limitation of usage of water. Such service shall not be restored until the cause of waste has been corrected or the violation of such rules and regulations has been abated and until the consumer has paid the sum of fifteen dollars ($15.00) to cover the cost of re-establishing service. (A 18-86)

(Code 1971 §22-66; A 18-86)

080.040.061 Fluoridation.

The City Manager or his/her designated employee shall conduct a regular and continual program of fluoridating the City's domestic water supply in order to reduce the incidence of tooth decay in water consumers. Fluoridation shall be accomplished in compliance with any and all applicable state and federal laws and regulations regarding the use and application of fluoride compounds in municipal water systems. (Ad 25-85 §1)

080.040.070 Adoption of rules and regulations.

The City Council may make and enforce such rules and regulations as it may deem necessary for the safe, efficient and economical management of the City waterworks system. (Code 1971 §22-72)

080.040.080 Inspections.

Any authorized representative of the City shall have the right to enter any premises or building where City water is used for the purpose of making an inspection of pipes, fixtures or appliances and for the purpose of detecting and eliminating all abuses, whether from waste, improper use of water or any other violations of the provisions of this Article and the rules and regulations adopted pursuant to Section 080.040.070. (Code 1971 §22-67)

ARTICLE 080.050

Utility Service Rates

080.050.010 Electric rates by tariff.

(a) Rates established generally. All electric energy furnished to consumers by the City shall be metered and sold at the rates according to the respective classes of use as prescribed in the City's tariff sheets as adopted from time to time by the Electric Utility Board. (Code 1971 §22-25; A 23-83 §1)

(b) Tariff Sheets. The tariff sheets establishing rates, charges, rules and regulations for electrical services are available for inspection in the City Clerk's Office at 101 W. 8^th Street, Glenwood Springs, Colorado. Tariffs, excepting for fuel cost adjustment, may be amended, modified, repealed or otherwise changed in accordance with the Rules of Practice and Procedure before the Electric Utility Board as adopted in Section 080.020.010. (Ad 23-83 §§1, 2)

(c) Electric rates shall be set by City Council Resolution and shall be calculated in accordance with this section. (Ad 9-07 §2)

(Code 1971 §22-25; Ad 23-83 §§1, 2; A 23-83 §1; R 23-87 §1; Ad 9-07 §2)

080.050.020 Metered water and wastewater rates.

(a) Water rates shall be set by City Council Resolution.

(b) Wastewater rates shall be set by City Council Resolution and shall be calculated in accordance with the following subsections.

(1) Definitions. For purposes of this Subsection, the following terms shall have the following meanings:

Metered wastewater user means those customers of the City's wastewater system who are also metered City water customers.

Summer billing means that billing for wastewater usage which occurs in the months of April through October, inclusive. Any billing cycle which includes fifteen (15) or more days in the month of April or October shall be considered a summer billing.

Winter billing means that billing for wastewater usage winch occurs in the months of November through March, inclusive. Any billing cycle which includes fewer than fifteen (15) days in the month of November or March shall also be considered winter billing.

(2) Calculation of summer billing charges. For those metered wastewater customers subject to different summer billing and winter billing, summer billing shall be calculated in the following manner:

a. Ongoing accounts. The monthly summer billing charge for ongoing accounts shall be based upon an average of the monthly service charges to the account for full monthly billing cycles during the preceding winter billing period. The average shall be calculated annually by the City.

b. Change-over accounts. For any existing accounts changed from one (1) customer to another, the previous billing history attributable to the old customer shall be used to calculate the average charge to the new customer for purposes of assessing summer billing charges.

c. New accounts (single-family residential). For new single-family residential accounts established in the summer billing period for which there is no account history during the preceding winter billing period, the customer shall be charged the minimum monthly charge during the first summer of usage.

d. New accounts (all other). For other new accounts established during the summer billing period for which there is no account history during the preceding winter billing period, the City shall establish a monthly service charge for the first summer based upon an analysis of other water accounts which are similar in kind to that of the new customer. The City's determination shall be subject to review after one (1) year pursuant to the procedures set forth in Section 080.060.030.

(Code 1971 §22-81[B][l][a]; A 30-86 §1; R & Re 32-88 §1; A 50-88 §1; R & Re 50-88 §1; A 39-90 §§1, 2; A 41-91 §2; A 39-94 §1; A 21-99 §1; A 2-06 §2)

080.050.030 Unmetered water and wastewater rates.

(Code 1971 §22-81[B][4]; A 30-86 §2; A 13-86 §1; R & Re 50-88 §2; A 39-90 §3; A 39-94 §2; Ad 21-99 §2; R 2-06 §2)

080.050.040 Bulk water rates.

Bulk water rates for qualified bulk purchasers of water shall be set by City Council Resolution. For purposes of this Section, a qualified bulk purchaser of water shall mean:

(1) A water district, association or similar organization which has been formed for the purpose of supplying or distributing water for domestic consumption;

(2) Which owns its own water distribution facilities and serves customers in a defined geographical area;

(3) Which has entered into a written contract with the City for the delivery of a quantity of treated water at the master meter for distribution and re-sale to its own customers; and

(4) For which the City provides no services other than the treatment and delivery of the water to the master meter or meters.

(R & Re 24-85 §1; A 39-94 §3; A 2-06 §2)

080.050.050 Wastewater surcharge rates.

(a) Definitions. As used in this Section, the following definitions shall apply:

BOD means the biochemical oxygen demand in discharged wastewater.

p.p.m. means parts per million.

Representative sampling or representative samples means samples of discharged sewage obtained by the City using generally accepted testing methods to determine the average TSS and BOD daily loading throughout a ninety-day period.

TSS means total suspended solids in discharged wastewater. (Code 1971 §22-81(K)(1))

(b) Surcharge. In addition to any wastewater charges set forth in this Article, if the combined discharge rates of nonresidential users for TSS and BOD exceed four hundred seventy-five (475) p.p.m. as determined by representative sampling by the City, the user shall pay a surcharge as follows for each one hundred (100) p.p.m., or fraction thereof, by which such discharge exceeds four hundred seventy-five (475) p.p.m.:

(1) One dollar and thirty cents ($1.30) per month per EQR as classified in Article 080.060, or fraction thereof, for nonmetered users.

(2) One dollar and thirty cents ($1.30) per month for each two thousand four hundred twenty-five (2,425) gallons discharged, or fraction thereof, for metered users. (Code 1971 22-81(K)(2); A 39-94 §4)

(c) Nonacceptable wastes. Nothing in this Section shall allow wastes to be discharged into the City wastewater system which wastes are prohibited by Subsection 080.030.030(b).

(Code 1971 §22-81(K)(1), (K)(2); A 39-94 §4)

080.050.060 Minimum water and wastewater charges.

(A 13-86 §2; A 30-86 §3; A 32-88 §2; R & Re 50-88 §3; A 39-90 §4; A 39-94 §5; R 21-99 §4)

080.050.070 Senior discount.

(Code 1971 §22-81(J); R 42-96 §1)

080.050.080 Trash services.

(R 18-91 §1)

ARTICLE 080.060

System Improvement Fees

080.060.010 Required.

(a) New connections. For the privilege of connecting and tapping onto the City water system and the City wastewater system, each applicant shall be required to pay a system improvement fee in accordance with the provisions of this Article. (Code 1971 §22-81 [A])

(b) Change in structure. When any person adds to an existing structure, enlarges a building or alters the property so that a larger number of EQR units or proportions of EQR units would become assessable in accordance with the classifications set forth in Section 080.060.020, such person shall pay the system improvement fee for the EQR units attributable to the usage increase caused by the addition, enlargement or alteration. (Code l971 §22-81[H])

(c) Change in use. Whenever the use of any structure changes, as such change in use would be defined in Title 070 so that a larger number of EQR units or proportions of EQR units would become assessable in accordance with the classifications set forth in Section 080.060.020, there shall be charged to and paid by the owner of such structure the system improvement fee for the EQR units attributable to the usage increase caused by the change in use. (Code 1971 §22-81[H])

(d) Resumption of service. Properties which formerly received water or sewer services from the City, either directly or indirectly, and for which a reconnection to the City's water or sewer system is requested shall be exempt from payment of a system improvement fee in the following circumstances only:

(1) To the extent water or sewer service existed upon the subject property on or after January 31, 1981, the applicant shall be exempt from payment of system improvement fees for the privilege of reconnection. However, system improvement fees shall be assessed for any increased usage in accordance with the requirements of this Article.

(2) To the extent water or sewer system improvement fees have been formerly paid based upon EQR units attributed to the subject property, the applicant shall be exempt from payment of new system improvement fees for the privilege of reconnection. However, system improvement fees shall be assessed for any increased usage in accordance with the requirements of this Article.

(3) When property which is eligible for an exemption under Paragraph (1) or (2) above is subdivided, credit for EQR units may be attributable to any portion of the property thus divided upon the mutual consent of the City and all affected property owners.

(4) In seeking an exemption under Paragraph (1) or (2) above, the burden of proof shall be upon the applicant to establish the existence and extent of prior water or sewer service or the prior payment of system improvement fees. (Ad 32-90 §1)

Code l971 §22-81[A], [H]; Ad 32-90 §1)

080.060.020 Classification.

The following classifications are hereby established for payment of system improvement fees. For purposes of this Article, one (1) EQR is estimated as being the equivalent of four hundred ninety (490) gallons per day of water (wastewater) usage.

(1) Residences:

1-unit structure	1.0 EQR/unit
2-unit structure	0.9 EQR/unit
3-unit structure	0.8 EQR/unit
4-unit structure	0.7 EQR/unit
5-unit structure	0.6 EQR/unit
Each additional unit in a structure with more than 5 units	0.5 EQR/unit
For all residential lots	0.1 EQR for each 2,000 square feet of landscaped area, including turf grass, greater than 4,000 square feet, rounded to the next highest 1,000

(R & Re 13-97 §§1, 2)

(2) Motels, which shall be divided in two (2) classes:

Motels with food and beverage service facilities, per unit	.45 EQR
Motels with no food and beverage service, per unit	.35 EQR

(A 13-97 §3)

(3) Restaurants:

Full-service restaurants providing regular, full service meals	0.0072 EQR per seat per hour of daily operation
Fast food restaurant (such as McDonald's, Arby's or Wendy's)	0.0024 EQR per seat per hour of daily operation
Sandwich/coffee shop with service of sandwich and soup or salad items only
with dishwasher	0.0040 EQR per seat per hour of daily operation
without dishwasher	0.0024 EQR per seat per hour of daily operation

(A 18-84 §1; A 13-97 §3; A 6-04 §2)

(4) Cocktail lounge per seat: .05 EQR.

(5) Professional offices excepting medical and dental offices, per employee: .06 EQR.

(6) Medical and dental offices per doctor: .2 EQR.

(7) Retail store per employee: .06 EQR.

(8) Other classifications. For any other use of property not set forth above, the EQR rate shall be assessed at a level to be determined by the City Engineer based upon one (1) EQR being equal to four hundred ninety (490) gallons per day of water usage. (Code 1971 §22-81[A]; A 13-97 §3)

(Code 1971 §22-81[A]; A 18-84 §1; R & Re 13-97 §§1, 2; A 13-97 §3)

080.060.030 Review of EQR level.

(a) When review of level available. All EQR classification levels as set forth in Section 080.060.020 above may be reviewed after twelve (12) months but prior to eighteen (18) months of the issuance of a certificate of occupancy or actual occupancy of a property, whichever occurs later, based upon the actual usage of water upon the property. Such review may be initiated at the City's option or upon written request of the owner during this period.

(b) Procedures for review. If either the City or the owner of a parcel of property desires to review the EQR level in accordance with Subsection (a) above, the procedures shall be as follows:

(1) Request for review. If the City desires to review the EQR level originally assessed, it shall give written notice to the owner of the property at his/her last known address within the aforesaid time for review. If the owner of the property desires to review the EQR level originally assessed, he/she shall provide written notice to the City within the aforesaid time for review.

(2) City Engineer review. Within ten (10) days of sending the aforesaid notice or receiving the aforesaid request, the City Engineer shall make a written determination of whether or not the EQR level based upon actual metered water consumption varies from the level upon which EQRs were originally assessed by more than ten percent (10%).

(3) Overpayment or underpayment. If the actual metered water consumption varies from the original EQR assessment by more than ten percent (10%), the system improvement fees shall be adjusted accordingly. If there has been an overpayment of system improvement fees, such overpayment shall be refunded to the owner within thirty (30) days of the decision of the City Engineer. If there has been an underpayment of the system improvement fee, the owner shall be required to pay the additional system improvement fee within thirty (30) days of the date of the decision of the City Engineer.

(4) Appeal of City Engineer's decision. Any person aggrieved by the decision of the City Engineer may appeal this matter within ten (10) days of the date of the decision of the City Engineer by filing a written letter of appeal with the City Clerk, in which case the appeal shall be heard by the City Council within thirty (30) days at a regular City Council meeting.

(R & Re 18-84 §3; R & Re 59-87 §1)

080.060.040 Amount of system improvement fee.

Where system improvement fees are payable in accordance with the provisions of Section 080.060.010, the owner of such property, or his/her agent, shall pay to the City a per-EQR unit system improvement fee of two thousand five hundred dollars ($2,500.00) for water (potable and raw) and one thousand five hundred dollars ($1,500.00) for wastewater. The system improvement fees shall annually automatically increase five percent (5%) per year beginning on January 1, 1995 and each year thereafter unless further action amending such fee is taken by the City Council pursuant to ordinance. (Code 1981 §22-81[H]; R & Re 53-88 §1; A 29-94 §5; A 19-05 §3)

080.060.050 When fee is due.

All system improvement fees to be paid pursuant to this Article shall be paid as follows:

(1) One-half (½) of the system improvement fee shall be paid at the time of the application for a building permit.

(2) One-half (½) of the system improvement fee shall be paid prior to the issuance of a certificate of occupancy.

(3) In the event property lying outside the boundaries of the City is required to pay the system improvement fee, such fee shall be paid at the time of the application for a water tap. (R & Re 18-84 §2; R & Re 59-87 §2; A 37-92 §1)

(R & Re 18-84 §2; R & Re 59-87 §2; A 37-92 §1)

ARTICLE 080.070

Utility Enterprise

080.070.010 Legislative declaration.

By virtue of Article XX, Sections 1 and 6 of the Colorado Constitution, the City has the power to construct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct and operate electric, water works and any other public utilities, for its own use and the use of its citizens; and to legislate upon, provide, regulate, conduct and control the issuance, refunding and liquidation of all kinds of municipal obligations. Accordingly, the City Council finds and determines that the City, by and through its Utilities Department, has historically provided and will continue to provide electricity, water and wastewater services by means of an enterprise, as that term is defined by Colorado law. The City Council further declares its intent that the City's utility enterprise be operated and maintained so as to exclude its activities from the application of Article X, Section 20 of the Colorado Constitution. (Ad 17-93 §1)

080.070.020 Definitions.

Unless the context specifically indicates otherwise, the following words and phrases shall have the following meanings as used in this Article:

Electric facilities means any one (1) or more of the works and improvements used in and as part of the generation or distribution of electricity for the beneficial uses and purposes for which the electricity has been or may be appropriated, or used in and as part of a fiber optic strand or related network in the provision of fiber optic services. (A 42-01 §1)

Grant means any direct cash subsidy or other direct contribution of money from the State or any local government in the State which is not required to be repaid. Grant does not include:

a. Any indirect benefit conferred upon the utility enterprise from the State or any local government in the State;

b. Any revenues resulting from rates, fees, assessments or other charges imposed by the utility enterprise for the provision of goods or services by such enterprise; or

c. Any federal funds, regardless of whether such federal funds pass through the State or any local government the State prior to receipt by the utility enterprise.

Utility activity includes, but is not limited to, the diversion, storage, carriage, delivery, distribution, collection, treatment, use, reuse, augmentation, exchange or discharge of electricity, water, wastewater, fiber optics or storm drainage services, and the acquisition of electricity, water or water rights in accordance with applicable provisions of state law, the City Charter, and this Code. (A 42-01 §1)

Utility enterprise means the utility activity business owned by the City, which business receives under ten percent (10%) of its annual revenues in grants from all state and local governments combined and which is authorized to issue its own revenue bonds pursuant to this Code or other applicable law.

Wastewater facilities means any one (1) or more of the various devices used in collection, treatment or disposition of sewage or industrial, commercial or domestic wastes of a liquid or water-carried nature, together with any groundwater, surface water or stormwater that may be contributed into or permitted to enter such devices.

Water facilities means any one (1) or more works and improvements used in and as a part of the collection, treatment or distribution of water for the beneficial uses and purposes for which the water has been or may be appropriated.

(Ad 17-93 §1; A 42-01 §1)

080.070.030 Utility enterprise.

In addition to any of the powers it may have by virtue of any of the applicable provisions of state law, the City Charter, and this Code, the utility enterprise shall have the power under this Article:

(1) To acquire by gift, purchase, lease or exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better and to extend electricity, water and wastewater facilities, wholly within or wholly without the City or partially within and partially without the City, and to acquire in the name of the City by gift, purchase or the exercise of the right to eminent domain lands, easements and rights in land in connection therewith;

(2) To operate and maintain electric, water and wastewater facilities for its or the City's own use and for the use of public and private consumers and users within and without the territorial boundaries of the City;

(3) To accept federal funds under any federal law in force to aid in financing the cost of engineering, architectural or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures or other action preliminary to the construction of electric, water and wastewater facilities;

(4) To accept federal funds under any federal law in force for the construction of necessary electric, water and wastewater facilities;

(5) To enter into joint operating agreements, contracts or arrangements with consumers concerning electricity, water and wastewater facilities, whether acquired or constructed by the utility enterprise or the consumer, and to accept grants and contributions from consumers for the construction of electric, water and wastewater facilities;

(6) To prescribe, revise and collect in advance or otherwise, from any consumer or any owner or occupant of any real property connected therewith or receiving service therefrom, rates, fees, tolls and charges or any combination thereof for the services furnished by, for the direct or indirect connection with, or the use of or any commodity from such electric, water and wastewater facilities; in anticipation of the collection of revenues of such electric, water and wastewater facilities or joint system, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment or extension of the electric, water and wastewater facilities; and to issue temporary bonds until permanent bonds and any coupons appertaining thereto have been printed and exchanged for the temporary bonds;

(7) To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of the electric, water and wastewater facilities, including the revenues of improvements, betterments or extensions thereto thereafter constructed or acquired, as well as the revenues from existing electric, water and wastewater facilities;

(8) To enter into and perform contracts and agreements with other governmental entities and utility activity enterprises for or concerning the planning, construction, lease or other acquisition and the financing of electric, water and wastewater facilities and the maintenance and operation thereof;

(9) To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted in this Section or elsewhere in state law, the City Charter or this Code, in the performance of its covenants or duties, or in order to secure the payment of its bonds if no encumbrance, mortgage or other pledge of property, excluding any pledged revenues, of the utility enterprise or City is recreated thereby, and if no property, other than money, of the utility enterprise or City is liable to be forfeited or taken in payment of said bonds, and if no debt on the credit of the utility enterprise or City is thereby incurred in any manner for any purpose; and

(10) To issue electric, water, wastewater or joint water and wastewater refunding bonds pursuant to this Code or other applicable law to refund, pay or discharge all or any part of its outstanding electric, water and wastewater or joint water and wastewater revenue bonds issued under this Article or under any other law, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs, effecting a change in any particular year in the principal and interest payable thereon or in the related utility rates to be charged, affecting other economies or modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, or to any municipal electric, water and wastewater facilities. (Ad 17-93 §1)

(Ad 17-93 §1)

080.070.040 Revenue bonds.

(a) In accordance with and through the provisions of this Section, the utility enterprise, through its governing body, is authorized to issue bonds or other obligations payable solely from the revenues derived or to be derived from the functions, services, benefits or facilities of such enterprise or from any other available funds of such enterprise. Such bonds or other obligations shall be authorized by ordinance, adopted by the governing body of the utility enterprise in the same manner as other ordinances of the City. Such bonds or other obligations may be issued without voter approval, provided that, during the fiscal year of the City preceding the year in which the bonds or other obligations are authorized, the utility enterprise received under ten percent (10%) of its annual revenue in grants or, during the current fiscal year of the City, it is reasonably anticipated that such enterprise will receive under ten percent (10%) of its revenue in grants. Nothing in this Section shall be construed so as to require voter approval where such approval is not otherwise required by the constitution and laws of the State or the City Charter.

(b) The terms, conditions and details of said bonds or other obligations, and the procedures related thereto, shall be set forth in the ordinance authorizing said bonds or other obligations and shall, as nearly as may be practicable, be substantially the same as those provided in Part 4 of Article 35 of Title 31, C.R.S., relating to electric, water and sewer revenue bonds; except that the purposes for which the same are issued shall not be so limited and except that said bonds or other obligations may be sold at public or private sale in accordance with the provisions of the City Charter. Each bond, note or other obligation issued under this Section shall recite in substance that said bond, note or other obligation, including the interest thereon, is payable from the revenues and other available funds of the utility enterprise pledged for the payment thereof. Notwithstanding any other provision of law to the contrary, such bonds or other obligations may be issued to mature at such times as are authorized by the Charter of the City, shall bear interest at such rates, and shall be sold at, above or below the principal amount thereof, all as shall be determined by the governing body of the utility enterprise. Notwithstanding anything in this Section to the contrary, in the case of short-term notes or other obligations maturing not later than one (1) year after the date of issuance thereof, the governing body of the utility enterprise may authorize enterprise officials to fix principal amounts, maturity dates, interest rates and purchase prices of any particular issue of such short-term notes or obligations, subject to such limitations as to maximum term, maximum principal amount outstanding and maximum net effective interest rates as the governing body of the utility enterprise shall prescribe. Refunding bonds of the utility enterprise shall be issued as provided in Part 1 of Article 56 of Title 11, C.R.S. The powers provided in this Section to issue bonds or other obligations are in addition and supplemental to, and not in substitution for, the powers conferred by any other law, and the powers provided in this Section shall not modify, limit or affect the powers conferred by any other law, either directly or indirectly. Bonds, notes or other obligations may be issued pursuant to this Section without regard to the provisions of any other law. Insofar as the provisions of this Section are inconsistent with the provisions of any other law, the provisions of this Section shall control with regard to any bonds lawfully issued pursuant to this Section.

(c) Any pledge of revenue or other funds of the utility enterprise shall be subject to any limitation on future pledges thereof contained in any ordinance of the governing body of the utility enterprise or of the City authorizing the issuance of any outstanding bonds or other obligations of the utility enterprise or the City payable from the same source or sources. Bonds or other obligations separately issued by the City and the utility enterprise but secured by the same revenues or other funds shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources. (Ad 17-93 §1)

(Ad 17-93 §1)

080.070.050 Governing body.

For all purposes under the City Charter and this Code, the governing body of the utility enterprise shall be the City Council. All provisions of the City Charter and this Code which govern the provision of electric, water and wastewater services shall be administered and enforced by the utility enterprise. (Ad 17-93 §1)

ARTICLE 080.080

Landfill Enterprise

080.080.010 Legislative declaration.

By virtue of Article XX, Sections 1 and 6 of the Colorado Constitution, the City has the power to construct, condemn and purchase, acquire, lease, add to, maintain, conduct and operate a public landfill for the proper and legal disposal of municipal solid wastes, and to legislate upon, provide, regulate, conduct and control the issuance, refunding and liquidation of all kinds of obligations associated therewith. Accordingly, the City Council finds and determines that the City will provide landfill services by means of an enterprise, as that term is defined by Colorado law. The City Council further declares its intent that the City's landfill enterprise be operated and maintained so as to exclude its activities from the application of Article X, Section 20 of the Colorado Constitution. (Ad 6-99 §1)

080.080.020 Definitions.

Unless the context specifically indicates otherwise, the following words and phrases shall have the following meanings as used in this Article:

Grant means any direct cash subsidy or other direct contribution of money from the state or any local government in the State which is not required to be repaid. Grant does not include:

a. Any indirect benefit conferred upon the landfill enterprise from the state or any local government in the State;

b. Any revenues resulting from rates, fees, assessments or other charges imposed by the landfill enterprise for the provision of goods or services by such enterprise; or

c. Any federal funds, regardless of whether such federal funds pass through the state or any local government in the State prior to receipt by the landfill enterprise.

Landfill activity includes, but is not limited to, the storage, treatment, utilization, processing, composting, recycling or final disposal of solid waste, as defined in Section 30-20-101(6), C.R.S.

Landfill enterprise means the landfill activity owned by the City, which business receives under ten percent (10%) of its annual revenues in grants from all state and local governments combined and which is authorized to issue its own revenue bonds pursuant to this Article or other applicable law.

Landfill facilities means any one (1) or more solid waste disposal sites and facilities, as defined in Section 30-20-101(8), C.R.S., now or hereafter owned or operated by the City. (Ad 6-99 §1)

(Ad 6-99 §1)

080.080.030 Landfill enterprise.

In addition to any of the powers it may have by virtue of any of the applicable provisions of state law, the City Charter and this Code, the landfill enterprise shall have the power under this Article:

(1) To acquire by gift, purchase, lease or exercise of the right of eminent domain, to construct, reconstruct, improve, better and extend landfill facilities, wholly within or wholly without or partially within and partially without the territorial boundaries of the City, and to acquire in the name of the City by gift, purchase or the exercise of the right of eminent domain lands, easements and rights in land in connection therewith;

(2) To operate and maintain landfill facilities for its or the City's own use and for the use of public and private consumers and users within and without the territorial boundaries of the City;

(3) To accept federal funds under any federal law in force to aid in financing the cost of engineering, architectural, geological, hydrological or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures or other action preliminary to the construction, operation or remediation of landfill facilities;

(4) To accept federal funds under any federal law in force for the construction, operation or remediation of landfill facilities;

(5) To prescribe, revise and collect in advance or otherwise, from any consumer served by a landfill activity, rates, fees and charges or any combination thereof for the services furnished by, or the direct or indirect connection with, the landfill facilities; and in anticipation of the collection of revenues of such landfill facilities, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvements, betterment or extension of the landfill facilities; and to issue temporary bonds until permanent bonds and any coupons appertaining thereto have been printed and exchanged for the temporary bonds;

(6) To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of the landfill facilities;

(7) To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted in this Section or elsewhere in state law, the City Charter or this Code, in the performance of its covenants or duties, or in order to secure the payment of its bonds if no encumbrance, mortgage or other pledge of property, excluding any pledged revenues, of the landfill enterprise or City is recreated thereby; if no property, other than money, of the landfill enterprise or City is liable to be forfeited or taken in payment of said bonds; and if no debt on the credit of the landfill enterprise or City is thereby incurred in any manner for any purpose.

(8) To issue refunding bonds pursuant to this Article or other applicable law to refund, pay or discharge all or any part of its outstanding revenue bonds issued under this Article or under any other law, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs, effecting a change in any particular year in the principal and interest payable thereon or effecting other economies, or modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any landfill facilities. (Ad 6-99 §1)

(Ad 6-99 §1)

080.080.040 Revenue bonds.

(a) In accordance with and through the provisions of this Section, the landfill enterprise, through its governing body, is authorized to issue bonds or other obligations payable solely from the revenues derived or to be derived from the functions, services, benefits or facilities of such enterprise or from any other available funds of such enterprise. Such bonds or other obligations shall be authorized by ordinance, adopted by the governing body of the landfill enterprise in the same manner as other ordinances of the City. Such bonds or other obligations may be issued without voter approval, provided that during the fiscal year of the City preceding the year in which the bonds or other obligations are authorized, the landfill enterprise received under ten percent (10%) of its annual revenue in grants or, during the current fiscal year of the City, it is reasonably anticipated that such enterprise will receive under ten percent (10%) of its revenue in grants. Nothing in this Section shall be construed so as to require voter approval where such approval is not otherwise required by the Constitution and laws of the State or the City Charter.

(b) The terms, conditions and details of said bonds or other obligations, and the procedures related thereto, shall be set forth in the ordinance authorizing said bonds or other obligations and shall, as nearly as may be practicable, be substantially the same as those provided in Part 3 of Article 20 of Title 30, C.R.S.; except that said bonds or other obligations may be sold at public or private sale in accordance with the provisions of the City Charter. Each bond, note or other obligation issued under this Section shall recite in substance that said bond, note or other obligation, including the interest thereon, is payable from the revenues and other available funds of the landfill enterprise pledged for the payment thereof. Notwithstanding any other provision of law to the contrary, such bonds or other obligations may be issued to mature at such times as are authorized by the Charter of the City, shall bear interest at such rates and shall be sold at, above or below the principal amount thereof, all as shall be determined by the governing body of the landfill enterprise. Notwithstanding anything in this Section to the contrary, in the case of short-term notes or other obligations maturing not later than one (1) year after the date of issuance thereof, the governing body of the landfill enterprise may authorize enterprise officials to fix principal amounts, maturity dates, interest rates and purchase prices of any particular issue of such short-term notes or obligations, subject to such limitations as to maximum term, maximum principal amount outstanding and maximum net effective interest rates as the governing body of the landfill enterprise shall prescribe. Refunding bonds of the landfill enterprise shall be issued as provided in Part 1 of Article 56 of Title 11, C.R.S. The powers provided in this Section to issue bonds or other obligations are in addition and supplemental to, and not in substitution for, the powers conferred by my other law; and the powers provided in this Section shall not modify, limit or affect the powers conferred by any other law, either directly or indirectly. Bonds, notes or other obligations may be issued pursuant to this Section without regard to the provisions of any other law. Insofar as the provisions of this Section are inconsistent with the provisions of any other law, the provisions of this Section shall control with regard to any bonds lawfully pursuant to this Section.

(c) Any pledge of revenue or other funds of the landfill enterprise shall be subject to any limitation on future pledges thereof contained in any ordinance of the governing body of the landfill enterprise or of the City authorizing the issuance of any outstanding bonds or other obligations of the landfill enterprise or the City payable from the same source or sources. Bonds or other obligations, separately issued by the City and the landfill enterprise, but secured by the same revenues or other funds, shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources. (Ad 6-99 §1)

(Ad 6-99 §1)

080.080.050 Governing body.

For all purposes under the City Charter and this Code, the governing body of the landfill enterprise shall be the City Council. (Ad 6-99 §1)

* Cross Reference: Cannot extend electrical services into hazard avoidance area, §070.100.050, and see also Construction Building Codes in Title 060.