Loading...
HomeMy WebLinkAbout018 - 04/08/1965 - RELATING TO THE WATER UTILITY OF THE CITY, REPEALNG SECTION 21- 1 THOUGH 21- 43 INCLUSIVE OF THE CIT ORDINANCE NO 18 1965 BEING AN ORDINANCE RELATING TO WATER UTILITY OF THE CITY, REPEFLING SECTIONS 21 1 THROUGH 21 43 INCLUSIVE OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS COLORADO 1958 AS AMENDED PROVIDING FOR THE OPERATION, MAINTENANCE AND EXTENSION OF THE WATER UTILITY THE REGULATIONS CONTROLLING CONNECTION TO SAID UTILITY AND THE USE OF SAID UTILITY THE RATES AND CHARGES TO BE PAID FOR WATER SERVICE AND OTHER DETAILS RELATING THERETO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Definitions 1�� For the purpose of this ordinance the following words or phrases are defined as follows City Shall mean the City of Fort Collins Colorado Director of Public Works - Shall mean said Director or his duly authorized representative Living Unit - A living unit shall be defined as the space occupied by one or more persons related by blood or marriage plus not more than two (2) roomers Any roomers above two (2) and less than six (6) shall be defined as a second living unit Water Service line The line running from the City water main to the structure or property to be served Section 2 Composition of Water Utility All water and water rights waterworks and appurtenances there- to machinery equipment and supplies used by the City to supply its water users with water shall be known as the water utility Provided however that the water service line from the meter riser or curb stop to the structure or property served shall be regarded as the property of the owner of said structure or property served Section 3 Records and Reports The director of Public Works and the Director of Finance shall keep such records and prepare such reports concerning the water utility as the City Manager directs The City Manager shall keep the City Council and the Water Board advised of the operation financial conditions and future needs of t the water utility and shall prepare and submit to the City Council and the Water Board Beach month, a report covering the activities of the water utility, including a statement of revenues and expenditures of the preceding month Section 4 Fire Hydrants -- Control, repair, tests All fire hydrants shall be a part of the City water utility and shall be kept in repair by the Department of Public Works Every hydrant shall be tested at least twice annually by the Fire Department Section 5 Fire Hydrants -- Operation No person, other than a member of the Fire Department or other authorized City employee, shall open or operate any fire hydrant without permission from the Director of Public Works Section 6 Damage to property and equipment of water utility It shall be unlawful for any person to, in any way damage any property, equipment or appliance, constituting or being a part of the City water utility Section 7 Trespass, Interference with pipes, etc It shall be unlawful for any person to trespass upon the property of the City or to tap any water mains or to make any connections therewith, or in any manner to interfere with the City or the property, equipment, pipes, valves or any other appliances of the City, or to change or alter the position of any valve or appliance regulating the flow of water in any pipeline Section 8 Pollution It shall be unlawful for any person to cast place dump or deposit in any part of the City water utility any substance or material which will in any manner injure or obstruct the same or any material or substance that would tend to contaminate or pollute the water or obstruct the flow of water If any person or persons within a distance of five (5) miles up the Cache la Poudre River, or any of its tributaries, above the point where the water supply of the City of Fort Collins is diverted, shall throw, cast put or deposit any article or thing into said stream, or in close proximity thereto or allow any offensive or unwholesome substance to remain upon his premises in such position that such substance or the drainage therefrom may be carried by natural causes into said river or its tributaries, or who shall permit to flow from any place or premises any foul or contaminating fluid into such stream shall be guilty of a violation Any person who shall bathe or swim in or wash or bathe any animal or cause any animal to go into any of the waters specified in this section, shall be deemed guilty of violation of this ordinance Section 9 Change of use of water outside the city limits prohibited Outside of the corporate limits of the City it shall be unlawful for any person or persons to alter, change, enlarge, or extend in any manner whatsoever the type use for which water was as of the effective date of this ordinance, taken and used from the water utility of the City except as provided herein Section 10 Connections with water lines or water mains It shall be unlawful for any person to make any connection with any water pipeline or water main which forms a part of the water utility of the City except pursuant to and in accordance with the permit required by this ordinance It shall be unlawful to make any connections with any privately owned water mains or pipelines which are connected with the water utility of the City or to change, alter or renew any presently existing private main or pipeline connected with the water utility of the City with any pipe larger than that in use as of the effective date of this ordinance except as provided herein Section 11 Permit to make water connections -- application Any person desiring to make a connection to the water utility or to use water therefrom, shall make written application to the Director of Public Works for a permit to do so The application shall state the name of the person to whom the permit is to be issued, the size of the tap, corporation cock and water service line, the location thereof, the premises upon which water is to be used and the purpose for which the water is to be used Section 12 Types of Water Permits There shall be the following four types of permits to make connections with the water utility of the City t 1 Permit for the purpose of connecting a water service line from a main of the water utility to the meter pit or curb stop When such service line is installed, a meter pit or curb stop shall be installed as provided in Sections 33 34 and 35 No water shall be taken or used under this permit except for construction purposes 2 Permit to connect to the water utility for the purpose of taking and using water for normal municipal purposes that is, domestic commercial or industrial At the time this permit is granted, the plant investment fee as prescribed in Section 62 and 65 of this ordinance together with all other costs attending the granting of permission to take and use water from the water utility of the City shallbe paid 3 Permit to enlarge an existing tap to the water utility for the purpose of taking and using water for normal municipal purposes that is, domestic, commercial or industrial At the time this permit is granted the additional plant investment fee as prescribed in Section 62 and Section 65 of this ordinance shall be paid 4 Permit to take or use water from the water utility of the City to serve property situated outside the corporate limits of the City This permit shall be issued only with the express consent of the City Council upon the recommendation of the Water Board and under such terms and additional conditions as the City Council shall provide by resolution At the time the permit is granted the additional plant investment fee as provided in Section 62 and Section 65 of this ordinance shall be paid, for each individual service Section 13 Water Permits -- Fees to accompany application In all cases where a charge is provided by law for making a connection to the water utility, the amount of the said charge shall be tendered to the City when the application for the connection permit is made Section 14 Water Permits - Contents 1 Permits required by Section 11 of this ordinance shall be issued by the Director of Public Works and shall state the name of the person to whom the permit is issued, the date of the permit the size of the tap, corporation cock and water service line the premises upon which the water is to be used Section 15 Taps to water mains All taps or connections to any part of the City water utility shall be made in accordance with the terms and conditions of the permit issued therefore All such taps or connections shall be made by the City at the expense of the person making said tap or connection Section 16 Water Service Lines -- general It shall be unlawful for any person other than the City to install a water service line from the main to the meter pit or curb stop All service lines shall be of copper cast iron or other suitable material as determined by the Director of Public Works Corporation cocks meter risers, or curb stops and service lines shall be of the size as specified by the Director of Public Works The service line from the meter pit or curb stop to the structure to be served shall be installed by the water user at his expense The City will furnish the corporation cock and the service line between the main and the meter pit or curb stop and will tap the main The actual cost of these materials and their installation shall be paid by the property owner Service lines now in use made of materials other than cast iron or copper shall be replaced by copper or cast iron lines at the expense of the user, when in the opinion of the Director of Public Works such lines have become so disintegrated as to be unfit for further use Once such lines have been replaced with copper or cast iron lines at the expense of the property owner, the City shall assume the maintenance of the service line between the water main and the meter pit or curb stop The water service line from the street main to the water distribution system of the building to be served with water shall be of sufficient size to a furnish an adequate flow of water to meet the requirements of the building at peak demand, and in no case less than 3/4 inch nominal diameter In case the water user desires to disconnect his premises, he shall not be permitted to take up that portion of the service line between the main and the curb stop or the meter pit or take up the meter pit, but, at his expense, the water shall be shut off at the corporation cock and all appliances from the water main to and including the meter pit shall remain in the ground and become the property of the City Now services to replace existing services shall not be approved by the City and the water turned on until old service lines are dug up and the corporation cock shut off at the main Section 17 Water Service Lines--Depth All service lines shall be laid at least 4 feet, 6 inches below the established grade of the street from the water main to the meter pit When the main is of greater or less depth, the service line shall be brought to the required depth as soon as possible after leaving the tapl Section 18 Water Service Lines--Excavation, Backfillina All excavation and backfilling in the street or alley shall be in conformity with this ordinance and other ordinances of the City Section 19 Water Service lines to be installed before street paving Before any street containing a water line is paved, the owners of the property abutting upon said street shall, at their expense, install all service lines with meter pits or curb stops and meter risers which the City determines to be necessary to serve the said property when fully developed in accordance with the provisions of Section 15-81 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended Section 20 Water Service line--extension from one property to another Each property shall be served by its own service line and no connection with the water utility shall be made by extending the service line from one property to another property Section 21 Duty to maintain service lines and fixtures The owner of any property connecting to the City water utility shall be responsible for the maintenance of the water service line from the meter pit or curb stop to the structure being served and shall keep this line in good condition and at his expense shall at all times keep all pipes, fixtures and applicances on his property tight and in good working order so as to prevent waste of water Section 22 Use of water for sprinkling -- general limitations The use of water from the City water utility for sprinkling shall be limited to watering lawns, ornamental trees, shrubs, vines flowers and domestic gardens It shall be unlawful to permit water to flow, run or be discharged in the streets or sidewalks of the City in a wasteful manner All wasting of water in any manner is hereby prohibited and considered a violation of this ordinance Section 23 Discharge vent and nozzle required for sprinkling No hose nozzle or discharge vent used for sprinkling water from s the water utility shall be more than 1/4 inch inddiameter Section 24 Restriction onl11law sprinkling The use of water from the water utility for lawn sprinkling purposes may upon recommendation of the Water Board be prohibited or restricted by order of the City Council Such order shall be effective when notice thereof is published once in a daily newspaper published in the City Upon the publication of such notice, the sprinkling restrictions or prohibitions so prescribed shall take effect and any violator thereof may be punished as provided by Section 12-6, Code of Ordinances of the City of Fort Collins, Colorado 1958, as amended Water shall not be used through hose or pipes without nozzles or sprinklers attached thereto and this regulation shall apply to all users of water whether flat or metered service The setting of sprinklers or nozzles so as to interfere with traffic on sidewalks is prohibited Section 25 Water restrictions in case of emergency In the event of a major fire or any other emergency that should require the immediate curtailment of the use of water from the water utility the City Manager shall have the authority to make such restrictions as he deems necessary for the protection of the public Section 26 Water may be shut off for repairs, extension, etc Water may be shut off from any street main when necessary to repair the main or to make any connections or extensions of the water mains or to perform any other work necessary to maintain the water utility Section 27 Who may turn water on It shall be unlawful for any person other than a duly employed person of the City to turn on water to any premises lot building or house when the water has been shut off under the provisions of this ordinance Section 28 Use of water from private well It shall be unlawful for any person to have a cross connection between a private line carrying well water and line carrying water from the water utility Section 29 Water consumer must agree to the rules of the water utility No person may be served with water from the water utility unless he agrees to and abides by all the rules and regulations of the City pertaining to the use of said water Section 30 Failure to comply with rules If any water user fails to pay the charges for water when due or fails to comply with the rules and regulations of the City regarding the water utility or uses water for purpose not authorized the City may without obligation discontinue water service until the water user has paid the required charges or is in compliance Section 31 Use of water by any water customer under the provisions of this Ordinance The use of water under the provisions of this ordinance shall not constitute or be deemed to be a relinquishment of any water or water right by the City and the City reserves the full right to determine all matters in connection with the control and use of said water Section 32 Use of water by other than water utility customers It shall be unlawful for any person having a water service here- under to permit any other person firm, or corporation to take or use water from his said water service for use on property not connected to the City water utility, except as provided herein Section 33 Meters -- Size -- Type -- Number Water meters shall be required for the following 1 All residential services to any premise containing more than two (2) living units 2 All service to non-residential premises 3 To all services outside the Corporate City limits All meters shall be of a size type and design approved by the Director of Public Works, and shall be installed in a readily accessible location for the meter reader Each meter shall be inspected by the City and shall be properly adjusted before installation A record shall be made and preserved of each meter installed, giving the location and the number of the meter All meters shall be installed with a stop cock on each side of the meter Meters may be inspected at any reasonable time by the City Lawn taps on service lines between the main and the meters are prohibited Section 34 Meters and appurtenances to be furnished by water utility All meters meter pits and covers and meter risers shall be furnished and installed by the City for those services up to 3/4 inch in diameter Section 35 Meters -- Services over 3/4 inch in diameter For all water services over 3/4 inch in diameter the materials shall be supplied and installed as provided in Section 33 above except that the user shall pay for all additional costs incurred over and above the 3/4 inch service for the larger size meter meter pit and cover and meter riser Section 36 Meters -- test required before installations Each water meter shall be tested either by the Public Works Department or the manufacturer and shall be found to be correct and properly adjusted before being installed If the test is made by the manufacturer, a report of such test result shall be furnished to the City prior to the installation Section 37 Meters--location and installation In residential areas, the water meter shall be installed in a frost-proof meter pit at the location specified by the City The meter shall be installed in an approved riser, with a lock wing meter stop on the main side of the meter In other areas meters shall be installed in locations approved by the City All meters shall be installed by the City Section 38 Meter maintenance All water meters shall be maintained by the City, and shall be tested and repaired as necessary and not less than at least once in each ten- year period The cost of repairing any damage to the water system caused by the water user shall be paid by the property owner and added to and considered a part of the charge for water service Section 39 Meters -- Interfering with or by pass It shall be unlawful for any meter user under meter rates as set forth in this ordinance or for any other person to tamper or interfere with any meter or meter seal or to so arrange his water service or piping so that the use of water will not actuate the meter The City shall discontinue water service immediately to any user who violates the provisions of this section until satisfactory payment has been made for all water used and all repairs to the meter Section 40 Size of water main The size of the main required to serve any part of the City shall be determined by the Director of Public Works No main less than 6 inches in diameter shall be placed in the water distribution system Section 41 Water mains payment of costs When water mains are extended the property owners benefited there- by as determined by the City shall pay all costs of said extension for mains 6 inches inidiameter together with necessary valves, hydrants and other appurtenances For mains over 6 inches in diameter when required by the City the water utility shall pay the following percentages of the total cost of the extension of such mains 8 inch mains 20% 10 inch mains 30% 12 inch mains 407 14 inch mains 55/ 16 inch mains 657 t l The percentage of costs to be paid by the City of mains in excess of 16 inches shall be determined by the City Council upon recommendation of the Water Board Section 42 Extension of mains in, to, around and through a platted subdivision All water mains required to serve a platted suvdivision including cross connecting mains shall be installed at the cost of the subdivider The subdivider shall install mains to the farthest point or points of his subdivision Section 43 Extension of mains--Reimbursement When a subdivider finds it necessary to bring water service from the existing water system through vacant property to his platted subdivision or construct lines on the perimeter of said subdivision the subdivider shall pay the cost of the original construction The size of the mains shall be determined by the City and where the required mains are larger than 6 inch the water utility shall pay the percentages of cost as set forth in Section 41 At the time of annexation or as the poopierty abutting such water main is developed and connections are made to the said water main the City may collect a charge assessed in relation to benefit to the affected property based upon the original construction cost and if so collected shall reimburse the original subdivider to the extent of the collection so made In no event shall the actual amount so paid to the subdivider by the City exceed the original costs to the subdivider of the excess extension Section 44 Extension of mains--expiration of reimbursement right The subdivider's right to reimbursement under a water main extension 4 contract shall not exceed a period of ten years from the date of the execution of said contract and all payments shall cease at that time regardless of the amount that has at that time been received by the subdivider„ unless, upon the recommendation of the Water Board the City Council shall approve a contract exceeding ten (10) years Section 45 Extension of mains -construction by contract The subdivider shall install the main in his subdivision by private contract subject to approval of the plans and specifications by the City and City inspection of actual constructinn Section 46 Connecting loops Connecting loops and cross-ties within a subdivision shall be constructed by the subdivider If ties or connections are made to such line, the reimbursement provisions of the above sections of this ordinance shall apply Connecting loops in the nature of a general improvement of the water system shall be financed by the City Before any abutting property shall connect to such mains constructed at the expense of the City the charge based on assessments in proportion to benefits received by the property to be served shall be collected by the City Section 47 Extension of water lines to serve property within the City not a part of a platted subdivision--assessments Extension of water lines to serve property within the City but not a part of a subdivision platted after the adoption of this ordinance may be financed by special assessment against the benefited property, as provided in Chapter 15 of the Code of Ordinances of the City of Fort Collins Colorado, 1958 as amended Section 48 Extension of mains--extension to property lines All water main extensions shall be made to the farthest limit of the property to be served Section 49 Water Main Extensions on perimeter streets (half County - half City lister main extensions along streets or easements lying partly inside and partly outside the City limits may be made on the basis of special assessment against abutting property owners The City may pay the assessment on land lying outside the City limits and if so paid may make provision for the collecting of such payment from those property owners at the time the land is annexed Section 50 Extensions that replace private mains with City,-mains When private mains are replaced by City mains no credit will be allowed for existing mains Section 51 Charge for turning water on or off When water is once turned on to any premises there shall be a charge of $2 00 for turning the water off and once turned off a charge of $2 00 for turning the service on again Section 52 Flat Rates The following flat rates shall be charged on a quarterly basis for the use of water from the water utility when the use is not metered For each family living unit - - - - - - - - - - - $6 75 Plus $6 00 for each lot having an area between 6 000 & 9 000 Sq Ft For lot area over 9 000 sq ft add 6o per 100 sq ft For lot area under 6 000 aq ft deduct 6o per 100 sq ft The quarterly minimum charge shall be $10 00 Section�53,onBilling Period" , i2 , The City shall bill water users not less than once every three months and not more often than once a month Section 54 Flat rates -- Prorate If water rates are changed or water users institute or terminate service other than on established billing dates the water bill shall not be prorated The flat rate charge for a quarter shall be the minimum charge for any use during the quarter Section 55 Meter Rates--Schedule SCHEDULE 'A - The charge for water on a monthly basis taken through a meter inside the corporate limits of the City shall be as follows 0 0 t rf A , 0 to -5 000 gallons 44� per 1 000 gallons 5 000 to 15 000 gallons 311,- per 1 000 gallons 15,000 to 50 000 gallons 22� per 1 000 gallons All over 50 000 gallons, 154; per 1 000 gallons For each meter service based on meter size the monthly minimum charge as long as water is on shall be as follows (Water shall be considered on until the customer notifies the City in writing to discontinue service ) 5/8 & 3/4 ' - - - 3 00 1 - - - - - 400 1� - - - - 700 2 ' - - - - - 1200 3 - - - - - 2500 4 - - - - - 4000 6 - - - - - 90 00 r SCHEDULE B - The charge for water on a quarterly basis taken through a meter outside the City Limits shall be as follows 0 to 15 000 gallons 55(,% per 1,000 gallons 15 000 to 45 000 gallons, 39p per 1 000 gallons 45 000 to 150 000 gallons, 28q per 1 000 gallons All over 150,000 gallons 19e, per 1,000 gallons For each meter service based on meter size, the quarterly minimum charge as long as the water is on shall be as follows (Water shall be considered on until the customer notifies the City in writing to discontinue service ) 5/8 & 3/4 - - - 10 00 1 - - - - 1800 lk - - - - 32 00 2 ' - - - - 45 00 3 - - - - 10000 4 - - - - 17500 6 ' - - - - 27500 When two or more taps are serviced from one master meter the quarterly charge for said metered water shall be computed as follows The water metered by the master meter shall be divided by the number of taps serviced by said master meter the charge per tap shall then be computed upon the basis of the above rates for the average water used per tap charge for the water passed through the master meter shall then be the charge per tap times the number of taps plus the service charge on the master meter The user shall be billed as hereinbefore specified Section 56 Rates--effective date The rates set forth in Sections 52 and 55 shall become effective the first billing date following September 30, 1965, until such date present rates shall remain inv-effect Section 57 Charges when meter fails to register If any meter shall fail to register in any billing period the water user shall be charged according to the average quantity of water used in a similar period Section 58 Notice to users Billing for water service and any other notices relating to the water utility shall be effective upon mailing said billing or notice to the last known address of the water user as shown on the records of the City Water Utility Section 59 When and where water charges payable All charges for the use of water as provided for in this ordinance are due and payable at the Utilities Office All charges are delinquent 30 days after the date of the bill No partial payments will be accepted Section 60 Lien on property All water charges shall be a lien upon the property to which water is delivered from the date said charges become due until said charges are paid The owner of every building, premise or lot or house shall be liable for all water delivered to or taken from and used upon his premises which lien or liability may be enforced by the City by action at law or suit to enforce the lien In case the tenant in possession of any premises or buildings shall pay the water charges it shall relieve the land owner from such obligations and lien but the City shall not be required to look to any person whatsoever other than the owner for the payment of water charges No change of ownership or occupation shall affect the application of this Ordinance and the failure of any owner to learn that he purchased property against which a lien for water service exists shall in no way affect his liability for such payment in full The amount due and in default shall in addition to said right of enforcement by disconnection of service, become a lien on the property and premises so served to the amount of water rent due and other service, from the date the same accrued and became due and payable, and said delinquent payments enforced by assessment upon the property and premises so served, and certification thereof to the County Treasurer for collection under and in pursuance of the authority and procedure provided in Chapter 15 of the Code of Ord- inances of the City of Fort Collins, Colorado, 1958, as amended Section 61 Failure to pay--water to be shut off In case any water user shall fail to pay all charges as prescribed by this Ordinance, the water utility may shut off the water from the premises, building, house or lot 10 days after delinquent date and water shall not be turned on again until all charges are paid together with the charge for shutting off and turning on the water Section 62 Water Plant Investment Fee--Payment required, when Any applicant desiring to take and use water from the water utility of the City shall pay to the City through the office of the Director of Finance a water plant investment fee for each individual service pursuant to the schedule of fees prescribed by Section 65 of this Ordinance Such fee shall be paid in full prior to the time that water is taken and used for any purpose other than for construction purposes Said fee shall be in addition to all other charges described in this ordinance Section 63 Water Plant Investment Fee--Includes trunk line assessments, tapping fees, etc The water plant investment fee shall replace and be in lieu of all charges or fees described or referred to in any prior ordinance as water trunk line assessments, water tapping or connection fees or similar charges for the use of the City water utility Section 64 Water Plant Investment Fee--Charges 'rom flat rate to metered services In cases where a flat rate user changes to a metered service, the user shall pay the difference between the flat rate users plant investment fee and the metered users plant investment fee V 9 Section 65 Schedule of Fees The water plant investment fee prescribed in Section 62 of this Ordinance, shall be charged to both in City and out of City users, whether metered or flat-rate, and paid pursuant to the following schedule Size of Tap at main exclusive of Metered Users Flat Rate Users demand for Plant Plant fire protection Investment Fee Investment Fee 3/4 inch or less 250 00 185 00 1 inch 370 00 305 00 1� inch 520 00 455 00 lZ inch 700 00 635 00 2 inch 1,180 00 1,115 00 3 inch 2,500 00 2,435 00 4 inch 5000 00 51235 00 All taps in excess of four inches shall be charged at a rate negotiated by the City Manager and approved by the City Council upon recommendation of the Water Board In the event a water user from the water utility of the City shall apply for and obtain permission to increase the size of his tap, he r shall pay an additional water plant investment fee to the extent of the difference between the fee for the existing smaller tap and the fee for the requested larger tap, as prescribed by the above schedule of fees In the event that the existing smaller tap is less than 3/4 inch in dia- meter, the applicant shall be credited for the fee applicable to a 3/4 inch tap No refund, however, shall be made to any water user of the water utility of the City who obtains permission to decrease the size of his tap Section 66 Outside City Service Requirements It is hereby declared to be the policy of the City of Fort Collins, Colorado, that water service be furnished outside of the corporate city limits if the following conditions are complied with 1 That all Federal or State laws relative to the use and distribution of water for human consumption are complied with 2 Owners of the area served, agree to join in a petition for annexation when requested by the City and to cooperate in appropriate proceedings in connection therewith 3 All construction of the users system coolies with standard City requirements as to materials, location, depths, valves, fire hydrants, meters, fittings or any special requirements -- all as determined by the City 4 Water will be furnished only during periods that said water is surplus to the needs of the City 5 The cost of all construction, including connection to the City system, will be borne by the user, provided that upon recommendation of the Water Board and approved by the City Council, the City may share the cost of each construction, provided that it is determined that it is to the advantage of the City and in its beat interests of the City to share such costs 6 The City is held harmless from any claim or liability arising out of failure of user to comply with any existing lava, or from other action regarding the construction or operation of the users system if 7 Payment for water is in accordance with Section 55 of this Ordinance 8 The user agrees not to directly or indirectly participate in the formation or enlargement of any municipal or quasi-municipal corporation, without the consent of the City Council 9 The user agrees that all real property to be serviced by water shall not be conveyed unless conveyance is subject to applicable provisions of this ordinance 10 Non-compliance with this ordinance or failure to pay water bills shall permit City, at its option to terminate and suspend water service until such conditions are rectified All unpaid sums to automatically constitute a lien against all real property and improvements thereon of the user 11 The user agreements are non-assignable to other property unless approved by the City 12 Before connection—is permitted user is to furnish to the City water rights or payment in lieu thereof as set forth in Section 67 of this ordinance 13 Before a water line giving new service is installed the user shall comply w th the building code of the County of Larimer and until such building code is adopted the provisions of the City building code shall be complied with The user shall obtain and pay for all building and other permits pay all inspection fees and employ licensed individuals for the installation of improvements in accordance with the requirements of the County of Larimer Until the County of Larimer has adopted pertinent rules and regulations, such permits fees and licenses shall be obtained from the City of Fort Collins in accordance with the ordinancesof the City of Fort Collins governing such matters The user if located within the area covered by the master plan approved by the Fort Collins Planning and Zoning Board shall comply with the subdivision rules and regulations adopted by the City of Fort Collins until such rules and regulations have been formally adopted by the City of Fort Collins, the user shall obtain the approval of his plans by the Fort Collins Planning and Zoning Board in accordance with the tentative rules and regulations approved by said Board No water connection shall be made except under the supervision of the Water Division of the City of Fort Collins 14 The use of water under the provisions of this ordinance shall not constitute or be deemed to be a relinquishment of any water or water right by the City and the City reserves the full right to determine all matters in connection with the control and use of said water 15 Upon recommendation of the Water Board with approval of the City Council such other policies may be determined as are necessary Section 67 Furnishing Water Rights Effective January 1, 1966, all premises requesting original water service from the City of Fort Collins, including but not limited to properties included in all proposed annexation$,shall furnish to the City of Fort Collins without cost to the City, water rights acceptable to the City in the amount of 2 acre-feet per acre to be served or, if water rights are not available, the equivalent of $100 00 in payment for each acre-foot Be required provided however, that a credit shall be allowed for any property requesting service if the owner of said property has, before January 1, 19660 sold to the City water rights which were intended to satisfy the obligation of the owner of such property to supply water to the City in connection with such property This credit shall be allowed only if it is established to the satisfaction of the Director of Public Works before January 1, 19660 and a written agreement entered into between the property owner and the City, providing for such credit Section 68 Separability It is hereby declared to be the intension of the City Council that this ordinance and every provision thereof, shall be considered separable and the invalidity of any section, clause, provision or part or portion of any section, clause, or provision of this ordinance, shall not affect the validity of any other portion of this ordinance Section 69 Repeal All ordinances and part of ordinances in conflict herewith, be and the same hereby are repealed and specifically Sections 21-1 through 21-42, inclusive of the Code of Ordinances, City of Fort Collins, Colorado, 1958, as amended, be and they are hereby repealed,provided, however, that this repeal shall not apply to Sections 21-10 and 21-29 until the rates established in Section 55 hereof become effective, in accordance with the provisions contained in Section 56 hereof Section 70 Actions now pending The repeal of the ordinance or parts of ordinances effectuated by the enactment of this ordinance shall not be construed as abating any action now pending under or by virtue of such ordinance, or as discontinuing abating, modifying or altering any penalty accruing or to accrue or affecting the liability of any person, firm or corporation or as waiving any right of the municipality under any section or provision existing at the time of the passage of this ordinance Introduced considered favorably on first reading and ordered published this 18th day of March , A D 1965 and to be presented for final passage on the 8th day of April A D , 1965 Mayor ATTEST City Clerc as amended Passed and adopted/on final reading this 15thdayt'of April,, A' D 1965. yor ATTEST Ma 'City Cerk l MOTION TO AMEND ORDINANCE No 18, 1965, IN THE FOLLOWING PARTICULARS, TO-WIT To delete the present Section 64 thereof and substitute therefor the following Section 64 Water Plant Investment Fee--Changes from flat rate to metered services In cases where a flat rate user changes to a metered service, the user shall pay the difference between the flat rate users plant investment fee and the metered users plant investment fee And to amend Section 65, Schedule of Fees, by inserting the words 'Metered Users above the present Plant Investment Fee and by adding the following schedule for flat rate users plant investment fee Size of Tap at Main exclusive of Metered Users Flat Rate Users demand for Plant Plant fire protection Investment Fee Investment Fee 3/4 inch or less $ 250 00 $ 185 00 1 inch 370 00 305 00 1} inch 520 00 455 00 1� inch 700 00 635 00 2 inch 1,180 00 1,115 00 3 inch 2,500 00 2,435 00 4 inch 51300 00 51235 00 Passed and adopted as amended on final reading this 15th day of April, A D 1965 Mayor ATTEST City Cleft