CHAPTER 13 Municipal Utilities Article I

General Regulations Sec. 13-1-10 Utility poles Sec. 13-1-20 Burial of utilities

Article II

Water System Sec. 13-2-10 Sec. 13-2-20 Sec. 13-2-30 Sec. 13-2-40 Sec. 13-2-50 Sec. 13-2-60 Sec. 13-2-70 Sec. 13-2-80 Sec. 13-2-90 Sec. 13-2-100 Sec. 13-2-110 Sec. 13-2-120 Sec. 13-2-130 Sec. 13-2-140 Sec. 13-2-150 Sec. 13-2-160 Sec. 13-2-170 Sec. 13-2-180

Creation of Water Department Department powers Receipts and deposits Inspections Application for water Size of service tap Metering of water Waste of water No use during fire alarms Water rates Water bills; payment, penalty Delinquent rent must be paid Deposits Water tapping charge and development fund Service line regulations Miscellaneous regulations Consent to use water Tampering with water system prohibited

Sewer System Sec. 13-3-10 Sec. 13-3-20 Sec. 13-3-30 Sec. 13-3-40 Sec. 13-3-50 Sec. 13-3-60 Sec. 13-3-70 Sec. 13-3-80 Sec. 13-3-90 Sec. 13-3-100 Sec. 13-3-110 Sec. 13-3-120 Sec. 13-3-130 Sec. 13-3-140 Sec. 13-3-150 Sec. 13-3-160 Sec. 13-3-170

Purpose Definitions Connection to sanitary service required Sewer permit required Construction of sewers Discharge of nonacceptable waste Use of grease, oil and sand interceptors Control manhole Abandonment of connection Interference with Town employee prohibited Deposit of unsanitary waste prohibited Deposit of untreated industrial waste into natural outlet prohibited Tampering with sewers prohibited Rates and charges Billing payment Lien on property Hardship clause

Article III

Article IV

Water Dedication Code Sec. 13-4-10 Purpose Sec. 13-4-20 Definitions Sec. 13-4-30 Required dedication with land use approval Sec. 13-4-40 Manner of conveyance Sec. 13-4-50 Required adjudications

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Sec. 13-4-60 Sec. 13-4-70 Sec. 13-4-80 Sec. 13-4-90 Sec. 13-4-100

Cash in lieu of groundwater fund Augmentation plans Water dedication agreements Preexisting obligations Renewable water resource fee

Article V

Water Activity Enterprise Sec. 13-5-10 Establishment of Enterprise Sec. 13-5-20 Enterprise excluded from provisions of amendment Sec. 13-5-30 Governing body Sec. 13-5-40 Powers of Enterprise Sec. 13-5-50 Enterprise obligations and Town obligations Sec. 13-5-60 Transactions in name of Town Sec. 13-5-70 Findings of Board of Trustees Sec. 13-5-80 Termination

Article VI

Water and Sewer Standards Sec. 13-6-10 Purpose Sec. 13-6-20 Jurisdiction Sec. 13-6-30 Fees Sec. 13-6-40 Violations Sec. 13-6-50 Penalties Sec. 13-6-60 Adoption

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ARTICLE I General Regulations Sec. 13-1-10. Utility poles. (a) It is unlawful for any person to attach, affix, place, install, maintain or permit, or suffer to be attached, affixed, placed, installed or maintained, any telegraph, radio, wireless telephone or wireless telegraph apparatus, or any other metal, wood or other substance, to, upon or over any telephone, telegraph, electric light, electric railway or power wires, poles or attachments belonging to another person without written consent of such person. (b) Any person violating any of the provisions of this Section shall, upon conviction, be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00); and each day's violation hereof shall constitute a separate offense. (Prior code 10-8.1, 10-8.2) Sec. 13-1-20. Burial of utilities. (a) Required. For all new subdivision development and construction for which utilities are installed on or after July 1, 1992, all wires, cables and any other utility transmission lines shall be placed underground and buried at such depth as may be required by the Building Department or other authorized representative of the Town. No aboveground utility, telephone, cable TV or other lines or the poles on which to hang the lines, wires or cables shall be constructed above ground except as provided in Subsection (b) below. (b) Variances. In the event of severe hardship an applicant may apply to the Board of Trustees for a variance to this Section. The matter will be set for a public hearing and notice of the hearing shall be sent by first class U.S. mail, a minimum of seven (7) days prior to the public hearing, to all land owners within three hundred (300) feet of the property requesting the aboveground utility line. The Board of Trustees may consider as grounds for a variance geological or natural hardship, but will not consider financial hardship, unless it is extreme and to not grant the variance would be blatantly unreasonable. Self-inflicted hardship shall not be ground for variance. (Prior code 8-3.1, 8-3.2) ARTICLE II Water System Sec. 13-2-10. Creation of Water Department. There is hereby created and established a Water Department of the Town for the purpose of the management, maintenance, care and operation of the water system of the Town. The Water Department shall consist of those persons who are from time to time designated by the Board of Trustees as the Board's agents for the management, maintenance, care and operation of the water system. (Prior code 10-2.1)

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Sec. 13-2-20. Department powers. The Water Department shall have the powers and duties pertaining to the immediate control and management of all things pertaining to the Town water system as are from time to time prescribed by the Board of Trustees, and it shall perform all acts that may be necessary for the prudent, efficient and economical management and protection of the water system, subject to the approval and confirmation of the Board. (Prior code 10-2.2) Sec. 13-2-30. Receipts and deposits. The Town Clerk shall keep a correct account of all receipts, make out all bills for water rents and materials furnished to consumers, collect the same, and deposit the proceeds so collected with a depository named by the Board of Trustees to the credit of the Water System Fund of the Town, and in accordance with the directions of the Board. (Prior code 10-2.3) Sec. 13-2-40. Inspections. Whenever in the judgment of the Board of Trustees it deems it necessary, it may inspect the premises or buildings of any water consumer for the purpose of examining the condition of all pipes, motors, meters and water fixtures, or the manner in which the water is used. It shall be vigilant to protect and remedy all abuses, whether from waste or other improper use of water. (Prior code 102.4) Sec. 13-2-50. Application for water. Application for the use of water shall be made to the Town Clerk by the owner or agent of the property to be benefited, designating the location of the property and stating the purpose for which the water may be required. (Prior code 10-2.5) Sec. 13-2-60. Size of service tap. No service tap shall be more than three-fourths (¾) inch in diameter within the corporate limits; provided that the Board of Trustees may grant special permission for larger taps and taps outside the corporate limits where the water supply and service facilities are sufficient to permit such taps. Where a larger tap is permitted, the Board of Trustees shall fix the tapping charge. (Prior code 102.6) Sec. 13-2-70. Metering of water. All water sold by the Town shall be metered by meters which shall be installed in accordance with the Town's Water Standards, as the same may be amended from time to time. (Ord. 11-07 §1) Sec. 13-2-80. Waste of water. Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. Hydrants, urinals, water closets, bath tubs and other fixtures must not be left running for any purpose other than the use for which they were intended. The water supply of a consumer violating this Section may be turned off where any such waste occurs. (Prior code 10-2.8)

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Sec. 13-2-90. No use during fire alarms. During all fire alarms the use of hose and all outlets where a constant flow of water is maintained is positively forbidden. (Prior code 10-2.9) Sec. 13-2-100. Water rates. (a) The Town shall, from time to time, establish rate schedules by resolution for regular water usage. The rate schedule established by the Town shall establish rates for the following categories: (1) Water sold by the Town to users residing in the corporate limits thereof for three-fourthsinch or smaller taps. (2) Water sold by the Town to users not residing within the corporate limits thereof for threefourths-inch or smaller taps. (3) Water sold by the Town to users within or without the corporate limits thereof for taps larger than three-fourths (¾) inch. (b) Bulk water haulers shall pay on a monthly basis an amount determined from time to time by the Board of Trustees by resolution. (Prior code 10-2.10; Ord. 02-12 §1; Res. 02RO7 §1; Ord. 03-05 §1; Ord. 05-01 §1) Sec. 13-2-110. Water bills; payment, penalty. Water meters shall be read on the fifteenth day of each month, as nearly as possible, and bills shall be mailed on the first day of each succeeding month. All water bills shall be due on or before the fifteenth day of the month following the reading of the meter. If the bill is not paid in full by the twentieth a penalty of five percent (5%) of the total amount due, excluding any previous penalties, shall be added thereto and paid by the water user. (Prior code 10-2.11; Ord. 00-01 §1) Sec. 13-2-120. Delinquent rent must be paid. (a) A delinquent account is defined as a water bill that remains unpaid after the fifteenth day of the month following the reading of the meter. Whenever a bill for water services remains unpaid for more than five (5) days adjusted each month to fall within the present billing month following the fifteenth day of the month following the reading of the meter, the Town Clerk shall send a notice to the consumer advising him or her that unless the delinquent water bill is paid within ten (10) days of the mailing of the notice, his or her water service will be terminated and informing him or her that the Town shall collect interest on the unpaid balance at a rate of one percent (1%) per month. The notice shall also advise the consumer that he or she has a right to a hearing, before the Board of Trustees, prior to termination of water service; at which hearing the sole issue shall be whether or not the water charges are due and payable and whether or not said charges have been paid. (b) All water rents shall be charged against the person in actual use and occupancy of each served premises and shall be payable by said person; provided, however, that all notices required to be sent by this Section to water consumers prior to water shutoff for delinquency shall also be sent to the owner of record of the subject property; and provided that the owner of the subject property shall

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be responsible for the payment of delinquent charges and any interest accrued thereon in the event that the Town is unable, after making a reasonable effort, to obtain payment of said charges from the person in actual use and occupancy of the served premises. Provisions for the initiation and termination of water service to lessee and occupant water consumers shall be, from time to time, established by the Board of Trustees. (c) Whether after a hearing before the Board of Trustees or otherwise, the water shall not be turned on again until all delinquent water rents have been paid. (d) If the actual user is notified of the fact that the water supply is to be disconnected because of a delinquent account, regardless of whether the delinquency is cured before the water supply is physically disconnected by the Town, the following charge shall be imposed against the account: (1) Twenty-five dollars ($25.00) for the first notification in any calendar year; (2) Fifty dollars ($50.00) for the second notification in any calendar year. (3) Seventy-five dollars ($75.00) for the third notification in any calendar year; and (4) One hundred dollars ($100.00) for every notification after the third notification in a calendar year. Following payment of the delinquency charges set forth above, the water user may apply to the Board of Trustees for a waiver and refund of the delinquency charges upon a showing of extenuating circumstances. The Board of Trustees shall consider any such request and determine whether, at the Board of Trustees' sole discretion, such extenuating circumstances exist allowing for a waiver of the charges described herein. (e) In addition to the charges set forth in Subsection (d) above, a charge of twenty-five dollars ($25.00) shall be imposed for an actual disconnection and twenty-five dollars ($25.00) for a reconnection following a disconnection of water service. (f) Each water charge levied shall be a lien therewith, and if the same is not paid within sixty (60) days after it becomes due and payable, in addition to the Town's right to impose charges on delinquent accounts as described in Subsection (d) above and in addition to the Town's right to terminate water service and collect interest as described in Subsection (a) above, the Town shall have the right to record such lien against the real property in the files of the County Clerk and Recorder, with a ten-percent penalty thereon to defray the cost of collection and with the cost of recording to be paid by the property owner as part of the total amount due. (Prior code 10-2.12; Ord. 01-20; Ord. 0412 §1; Ord. 05-05 §3; Ord. 12-04 §1) Sec. 13-2-130. Deposits. (a) A deposit shall be required to secure the payment of water rents and shall be paid by each and every new registrant or water consumer in whose name a water account is opened or established. The deposit shall be in the amount of twenty-five dollars ($25.00) for each transfer where there is a change in ownership of the property served, and in the amount of one hundred dollars ($100.00) where the transfer or new account is opened in the name of a lessee or occupant.

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(b) When the owner of a residence moves to another residence within the Town, if his or her water payments are paid to date and if he or she has established a satisfactory record of payments he or she need not forfeit his or her deposit, but may transfer that deposit to this new residence. (c) Said deposits shall be receipted for and held in accordance with the laws of the State, now in force and hereafter enacted. (d) Said deposit monies shall be applied to delinquent water accounts after water service is shut off in accordance with the provisions of Section 13-2-120. Prior to resumption of water service after a shut-off, said deposit must be reinstated by the water consumer in addition to any payments required to be made under Section 13-2-120. (Prior code 10-2.13; Ord. 12-04 §2) Sec. 13-2-140. Water tapping charge and development fund. (a) Single-family residential water tapping charge. Upon application for a new water tap within the Town limits, the applicant shall pay to the Town Clerk an amount determined from time to time by the Board of Trustees by resolution. Such amount for a new water tap shall include a portion of such tap that shall be reserved for the development fund. All residential users must purchase one (1) tap per dwelling unit. (b) Multi-family residential water tapping charge. Upon application for a new water tap within the Town limits, the applicant shall pay to the Town Clerk an amount determined from time to time by the Board of Trustees by resolution. All multi-family units must purchase one (1) tap per dwelling unit as stated above. Such amount for a new water tap shall include a portion of such tap that shall be reserved for the development fund. Each separate building will be served by one (1) water meter, with the size of the meter to be determined by the Building Inspector; said size of meter shall be based on construction plans submitted to the Building Inspector by the applicant. The size of the meter shall be determined based upon the guidelines contained in the Uniform Plumbing Code, and following consultation with the Public Works Department. (c) Commercial water tapping charge. Upon application for a new water tap for commercial and other nonresidential uses within the Town limits, the applicant shall pay to the Town Clerk an amount determined from time to time by the Board of Trustees by resolution. The Town shall establish rates for the following categories: (1) ¾-inch diameter tap; (2) 1-inch diameter tap; (3) 1½-inch diameter tap; (4) 2-inch diameter tap; (5) 3-inch diameter tap; and (6) Larger than 3-inch diameter tap. Such amount for a new water tap shall include a portion of such tap that shall be reserved for the development fund.

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(d) Tap installation costs. All taps shall be installed at the applicant's expense by either the Town or other person authorized by the Town. The quality of all work not performed by the Town is subject to the Town's inspection and approval. All necessary trenching and backfilling shall be at the expense of the applicant and under the supervision of the Town. The applicant shall pay for all appurtenances including but not limited to tapping saddle, corporation stop, copper service line, meter, meter pit and cover and curb box. The applicant must select and use materials approved by the Town. The Town shall furnish the applicant an approved list of materials and supplies. The Town owns and maintains the service line from the main to curb box of the premises served. (e) Tap charges outside the corporate limits. Water taps sold outside the corporate limits will be double the charge for in-Town tap charges. (Prior code 10-2.14; Ord. 00-23 §1; Ord 04-14 §1) Sec. 13-2-150. Service line regulations. No more than one (1) building shall be permitted to use a water service line. All water lines (mains and service lines) installed from and after the effective date of the ordinance codified herein shall be installed in accordance with the Town's Water Standards, as the same may be amended from time to time. (Ord. 11-07 §2) Sec. 13-2-160. Miscellaneous regulations. (a) All regulations contained in this Article shall be considered a part of the contract of every person taking water from the water system of the Town, and every person taking water shall be considered as having expressly consented to be bound thereby. (b) Any person who desires to discontinue the use of water shall file a written notice with the Town Clerk and pay all current and back charges for water used. (c) Two (2) or more premises cannot be supplied from one (1) and the same connection unless provided with separate shut-off cocks located at the public street right-of-way line. (d) No occupant or owner or other water consumer on served premises will be allowed to supply water to other persons, premises or families, by trailer or otherwise, without the express authorization of the Board of Trustees. (e) In case of water shortage or scarcity, the Board of Trustees may by resolution place any restrictions which it deems necessary upon the use of water for irrigation or sprinkling purpose. (f) Use of water outside the corporate limits of the Town shall be subject to the paramount rights of users within the corporate limits, and in case there shall be insufficient water to provide for users both within and without the corporate limits, the Board of Trustees may reduce, curtail or shut off the users outside the corporate limits during such period of water shortage or scarcity. (g) The Board of Trustees shall have the power to make and enforce such other regulations pertaining to the use of the water system of the Town as it may from time to time deem advisable. (h) Responsibility for the water line shall be determined in accordance with the Water Standards.

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(i) Development fund, as used in this Article, means that fund reserved for capital improvements or emergencies related to the Town water and/or sewer systems. The fund is also sometimes referred to as a development fee or a plant improvement fee. (j) Construction of water mains. Any user of the water system, either inside or outside of the corporate limits, must build his or her own water line if there is no line available for him or her to connect with. All connections to the Town's water system must be made in accordance with the Town's Water Standards, as the same may be amended from time to time. (Prior code 10-2.16; Ord. 06-01 §3; Ord. 11-07 §3) Sec. 13-2-170. Consent to use water. (a) Rights. The welfare of the inhabitants and electors of the Town requires that the Town incorporate all water in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the land within the boundaries of the Town, as of January 1, 1985, into its actual municipal service plan and obtain the deemed consent of the owners of all of such land to withdraw and use said water. (b) Purposes. The groundwater in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying all of the lands within the boundaries of the Town is, except as limited pursuant to the provisions of Section 37-90-137(8)(b)—(f), C.R.S., hereby incorporated in the Town's plan for municipal water service. Said groundwater may be used for all municipal purposes, for augmentation and the replacement of depletions to tributary sources resulting from the use of alluvial groundwater, or in any combination of the foregoing ways. It may be used, reused and successively used directly or by exchange until fully consumed. (c) Intention to use. The Town hereby states its intent to avail itself of the right set forth in Section 37-82-106, C.R.S., to use, reuse and successively use to extinction or, in the alternative, to sell, convey or otherwise transfer its right to use, reuse and successively use to extinction, all foreign, nontributary or other developed water, including without limitation, water from the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers, to the maximum extent permitted by law. Failure by the Town to exercise said rights at any given time shall not be considered an expression of intent by the Town to release said water from the dominion of the Town. (d) Water extension plan. The Board of Trustees hereby finds that water service from the Town is reasonably available to the vast majority of the land within the Town's boundaries. As to those areas of the Town to which water service is not reasonably available, the Board of Trustees hereby adopts the following plan, which allows land owners to obtain an alternative supply of water: Where the extension of water service to any parcel of land is considered by the Town and the owner of said land not to be economically practicable at the time said land owner seeks water service from the Town, said parcel of land may be served with water from a well or wells to be constructed by the land owner at the land owner's expense, subject to the following limitations. Any such plan for an alternate supply of water must be approved by the Town in a writing which shall provide that, at such time as water lines are installed and ready for connection within one hundred (100) feet of any such parcel of land, the land owner shall, on request by the Town, (1) connect all property to the Town's water system in accordance with the Town's rules and regulations, and (2) convey to the Town all water rights associated with the property (as of the date of the Town's initial approval of the land owner's alternate supply of water), including

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without limitation all rights to the use of water in the Dawson, Denver, Arapahoe and LaramieFox Hills aquifers underlying said parcel of land. (Prior code 10-10.1, 10-10.2, 10-10.3, 10-10.4) Sec. 13-2-180. Tampering with water system prohibited. The following acts shall be unlawful: (1) To trespass upon the property of the water system, tap any water mains, make any connections therewith, in any manner interfere with or damage the water system or the property, equipment, pipes, valves or any other appliances of the water system, or change or alter the position of any valve or appliance regarding the flow of water in any pipeline of the water system. (2) To change, alter, move or replace any presently existing main, service line, meter or other apparatus connected with the water system of the Town except as provided herein. (Ord. 00-21 §1) ARTICLE III Sewer System Sec. 13-3-10. Purpose. This Article is enacted to protect, preserve and promote the health, safety and welfare of the citizens of the Town and to provide funds necessary for the payment of the cost of the administration, management, operation and maintenance, planning and engineering of sanitary sewerage facilities; for the payment of the principal and interest upon the bonds issued and outstanding for such sewerage facilities; for acquisition of land for such purpose, it is necessary to fix and collect sewer service charges and connection fees upon all lots, lands and premises connected to the sewerage system of the Town and to otherwise regulate the use of said sewerage system. (Prior code 10-3.1) Sec. 13-3-20. Definitions. The following definitions shall apply in the interpretation and enforcement of this Article: Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods and from the handling, storage and sale of produce. Industrial waste means any sewage waste from a building used for conducting a business operation that produces a sewage waste having a suspended solids or BOD (biochemical oxygen demand) content in excess of that found in sanitary sewage. Interceptor means any device approved by the Town Administrator that is installed as part of a building's plumbing system and is designed to trap grease, oil, sand or any other flammable wastes or harmful ingredients, thereby preventing the discharge of such material into the Town sewer system. Nonacceptable wastes are:

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a. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit. b. Any water or waste having a five-day biological oxygen demand which may contain more than one thousand (1,000) parts per million by weight as averaged during any twelvehour period. c. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. d. Any garbage that has not been properly shredded, meaning the wastes from the preparation, cooking and dispensing of food that have not been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers. Generally, properly shredded garbage will contain no particle greater that one-half inch (½"), or 1.27 centimeters, in any dimension. e. 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 sewers or other interference with the proper operation of the sewage treatment plant. f. Any water or waste having a pH lower than 5.5 or higher than 9 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel operating the sewage treatment plant. g. Any water or waste containing a toxic or poisonous substance in sufficient quantities to injure or interfere with the sewage process, constituting a hazard to humans or animals or creating any hazard in the receiving ponds of the sewage treatment plant. h. Any waters or wastes containing suspended solids of such character or quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. i. Any noxious or malodorous gas or substance capable of creating a public nuisance. Sanitary sewage means the waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, cellar floor drains, bars, soda fountains, refrigeration drips, drinking fountains and any other waterborne waste not constituting an industrial waste. (Prior code 10-3.2; Ord. 01-20; Ord. 05-10 §§1, 2) Sec. 13-3-30. Connection to sanitary service required. (a) Except where otherwise provided, no person shall maintain within the Town any privy, privy vault, septic tank, cesspool, leaching or aeration field, or other facility intended for use for the disposal of sewage. (b) Where a public sanitary sewer is not available within the Town or in any area under the jurisdiction of the Town, the building sewer shall be connected to a private sewage disposal system complying with the provisions and recommendations of the Colorado Department of Public Health

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and Environment. Such private sewage disposal system shall be constructed, maintained and operated at all times in a sanitary manner. (c) At such time as a public sanitary sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sewage disposal system in accordance with the provisions of this Article and any septic tank, cesspool or similar private sewage disposal facility shall be abandoned and filled with suitable material. (Prior code 10-3.3) Sec. 13-3-40. Sewer permit required. (a) It is unlawful for any person to open, uncover or in any manner make connection with any sewer main or line of the Town, or to lay drain or sewer pipes on any premises or in any street or alley in the Town without first obtaining a permit from the Board of Trustees (which may delegate authority to the Town Clerk for the issuance of permits). (b) The application for said permit shall be in writing and shall contain the following information: (1) Name and address of applicant; (2) Name and address of owner of the premises where said connection is to be made and/or the drain or line is to be laid; (3) Location of the proposed connection, drain or sewer pipes; (4) Statement as to the type of connection and type of materials to be discharged in the sewer. (c) If the proposed connection does not violate any provision herein and does not violate any other laws of the Town, the Town shall issue a permit for such connection. Such permit shall contain all information contained in said application and shall specify the type and kind of grease and sand traps to be used, if required by the Town. Sewer taps outside the corporate limits shall be at the discretion of the Board of Trustees. (d) At the time of filing the application, the applicant shall pay a tapping fee for connection to the sewer of any property within the corporate limits of the Town. The tapping fee shall be in an amount to be determined from time to time by the Board of Trustees by resolution. Such resolution shall include fees for the following uses: Residential rate class means all persons located within the Town using the sewage system for the purpose of disposing of sewage wastes from a building used for the living quarters for no more than one (1) family. The Board of Trustees shall specifically reserve a portion of any such sum for the development fund. Multi-residential flat rate class means all residential uses containing more than one (1) dwelling unit per building within the Town. The owner-applicant shall pay tap fees for all units, abbreviated "MRF," at the time of application. The Board of Trustees shall specifically reserve a portion of any such sum for the development fund.

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Commercial customer class means all persons located within the Town using the sewage system of the Town for the purpose of disposing of waste from a building used for conducting a business operation. The tapping fee and plant investment fee for this class, abbreviated "CC," shall include a tapping surcharge to be determined by the Board of Trustees based on the anticipated volume and nature of discharge and the anticipated cost to the Town of processing and treating the discharge. The Board of Trustees shall specifically reserve a portion of any such sum for the development fund. Outside corporate limits means all uses outside the corporate limits of the Town. The tapping fee and plant investment fee shall be double the in-Town class fee, and the Board of Trustees shall specifically reserve a portion of any such sum for the development fund. (Prior code 10-3.4; Ord. 00-21 §2; Ord. 00-23 §2; Ord. 04-14 §2) Sec. 13-3-50. Construction of sewers. Any user of the sewer system, either inside or outside the corporate limits, must build his or her own sewer line if there is no line available for him or her to connect with. All connections to the Town's sewer system must be made in accordance with the Town's Sewer Standards, as the same may be amended from time to time. (Ord. 11-07 §4) Sec. 13-3-60. Discharge of nonacceptable waste. The discharge of nonacceptable wastes into the Town sewer 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, at his or her own expense, required to treat, neutralize or in other ways prepare the noxious substance therein to the satisfaction of a duly authorized agent of the Board of Trustees in order to convert the same into acceptable wastes. (Prior code 10-3.6) Sec. 13-3-70. Use of grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided in accordance with the Town's Sewer Standards, as the same may be amended from time to time. (Ord. 11-07 §5) Sec. 13-3-80. Control manhole. When required by the Board of Trustees, the owner of any building in the IW class shall install a suitable control manhole in the building sewer to be accessible and safely located and shall be constructed in accordance with the plans to facilitate observation sampling of waste. Such manholes, when required, shall be approved by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times. (Prior code 10-3.8) Sec. 13-3-90. Abandonment of connection. No person shall abandon any building connection without first obtaining a written permit. Such building connection shall be effectively sealed with a vitrified clay stopper inserted in the bell of the sewer extending to the property line which stopper shall be jointed as directed by the Board of Trustees. (Prior code 10-3.9)

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Sec. 13-3-100. Interference with Town employee prohibited. No person shall in any way interfere with the employees of the Town in any discharge of their duties, in the tapping of any sewer pipe, main or lateral. No person shall dig up or cause to be dug up any street or alley in the Town for the purpose of connecting with the sewer system of the Town, without first obtaining a permit, and no person having a permit shall dig up any portion of any street or alley of the Town for the purpose of connecting with the sewer system of the Town and fail or neglect to place the street or alley in its original condition. (Prior code 10-3.10) Sec. 13-3-110. Deposit of unsanitary waste prohibited. No person shall deposit or permit to be deposited in any unsanitary manner upon public or private property within the Town or within any area within the jurisdiction of the Town any human or animal excretion with the exception of manure used for fertilizer purposes. (Prior code 10-3.11) Sec. 13-3-120. Deposit of untreated industrial waste into natural outlet prohibited. No person shall discharge into any natural outlet within the Town, or any area within the jurisdiction of the Town, any sanitary sewer, industrial waste or other polluted waste, except where suitable treatment has been provided. (Prior code 10-3.12) Sec. 13-3-130. Tampering with sewers prohibited. No person shall maliciously, willfully or negligently break, damage or destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Town sewer system. (Prior code 10-3.13) Sec. 13-3-140. Rates and charges. There is hereby levied and charged on each lot, parcel of land and premises served by or having sewer connection with the sanitary sewer system or otherwise discharging sanitary sewage, industrial wastes, water or other liquids either directly or indirectly into the sanitary system, a sewer service charge which shall be payable as and in an amount determinable as follows: (1) The residential flat rate class shall pay a sewer service charge to be determined from time to time by the Board of Trustees by resolution. The sewer service charge shall include a base rate and an additional charge for usage. (2) The multi-family residential flat rate class shall pay a sewer service charge to be determined from time to time by the Board of Trustees by resolution. The sewer service charge shall include a base rate and an additional charge for usage for each dwelling unit over and above one (1) dwelling unit. The rates set by the Board of Trustees by resolution over and above one (1) unit shall be paid whether or not the additional units are occupied. (3) The commercial customer class shall pay a sewer service charge to be determined from time to time by the Board of Trustees by resolution. The sewer service charge shall include a base rate and an additional charge for usage for each dwelling unit over and above one (1) dwelling

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unit. The rates set by the Board of Trustees by resolution over and above one (1) unit shall be paid whether or not the additional units are occupied. (4) The additional charge for usage in excess of five thousand (5,000) gallons shall be calculated based on the volume and nature of discharge and upon the approximate cost to the Town of processing and treating the waste. (5) That portion of the sewer rates which is based on usage in excess of five thousand (5,000) gallons shall be calculated based in part on the metering of water by volume. In the event a property does not have a meter in which to calculate the volume of water, the Board of Trustees may, by resolution, set a higher mandatory minimum rate for unmetered water sources which are discharged into the Town's sewer system. (Prior code 10-4.1; Ord. 03-03 §1; Ord. 04-14 §3) Sec. 13-3-150. Billing payment. The sewer service charges shall be levied pursuant to Section 13-1-140, payable monthly, and shall be added to and made a part of the monthly water bill of the various properties in the Town. All sewer bills shall be due on or before the fifteenth day of the month following the reading of the meter; and if not paid by the twentieth, a penalty of five percent (5%) of the total amount due, excluding any previous penalties, shall be added thereto and paid by the sewer user. (Prior code 10-4.2; Ord. 00-01 §2) Sec. 13-3-160. Lien on property. Each sewer charge levied and each tapping fee levied shall be a lien therewith, and if the same is not paid within sixty (60) days after it becomes due and payable, the Town shall have the right to record such lien against the real property in the files of Elbert Count Clerk and Recorder, with a ten percent (10%) penalty thereon to defray the cost of collection and with the cost of recording to be paid by the property owner as part of the total amount due. (Prior code 10-4.3; Ord. 05-06 §1) Sec. 13-3-170. Hardship clause. (a) Eligibility. Any person paying a Town water and sewer bill and qualifying for tax or rental relief under provisions as set forth on Colorado Department of Revenue Form 104-PTC shall be eligible for a partial refund on their water and sewer bill. (b) Application. Application for refund shall be made annually, between January 1 and April 15 on forms to be provided by the Town, and shall be supported by: (1) A copy of Form 104-PTC, as filed with the State Department of Revenue for the preceding year. (2) A copy of at least one (1) Town utility bill from the preceding year, and a copy of the canceled check or other proof of payment for that bill. (c) Deadline. No claim for any refund shall be accepted after April 15.

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(d) Amount. Refunds to qualified applicants shall be determined by multiplying the total water and sewer charges billed and paid in the previous calendar year by twenty-five percent (25%). (Prior code 10-4.4) ARTICLE IV Water Dedication Code Sec. 13-4-10. Purpose. (a) The Town is the exclusive provider of water service within its municipal boundaries. Projections based on current zoning and development plans suggest that the Town will permit hundreds of new service connections over the next several decades. Consequently, the Town requires the dedication of additional water rights to support the Town's acquisition and development of new water supplies as a condition to the right to obtain water service. (b) The Town has developed a water production system that is highly dependent on Denver Basin groundwater. This water resource is the only identifiable supply to which the Town has the legal and practical ability to develop within the period that the majority of new connections to the water system will be made. Accordingly, new connections to the municipal water system must be supported by a sufficient dedication of Denver Basin groundwater and the payment of a fee to fund the acquisition and development of the replacement renewable water supply. (Ord. 07-01) Sec. 13-4-20. Definitions. Words or phrases used in this Chapter shall have the following meanings: AF means one (1) acre foot, or three hundred twenty-five thousand eight hundred fifty-three (325,853) gallons of annual water availability. Augmentation Plan is a way for junior appropriators to obtain water supplies through terms and conditions approved by a water court that protect senior water rights from the depletions caused by the new diversions. Typically this will involve storing junior water when in priority and releasing that water when a call comes in; purchasing stored waters from federal entities or others to release when a river comes on; or purchasing senior irrigation water rights and changing the use of those rights to offset the new users' injury to the stream. Board means the Town of Elizabeth Board of Trustees. Code means Article IV, Chapter 13 of this Municipal Code, entitled Water Dedication Code. Dedication means the conveyance to the Town by deed of marketable title to water rights. Development contract means the annexation and/or development contracts entered into between the Town and landowner. Groundwater rights means the legal right as adjudicated in a final court decree to withdraw water from the groundwater basin of sedimentary rock formations in one (1) or more of the four

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(4) principal Denver Basin aquifers: the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills, which the Town has the legal and economical ability to incorporate into its production system. Municipal Code means the Town of Elizabeth Municipal Code, as amended. Not-non-tributary is groundwater located within those portions of any of the Denver Basin aquifers that are outside any designated basin in existence on January 1, 1985, the withdrawal of which will, within one hundred (100) years, deplete the flow of a natural stream at an annual rate of greater than one tenth of one percent (0.1%) of the annual rate of withdrawal. It is not the same as tributary groundwater, and nearly always has very different monetary value, aquifer yield and other properties. Renewable water resources means the facilities to withdraw, treat, store and deliver tributary water, capture, reclaim and reuse groundwater and tributary water, and the property interests, legal rights and entitlements that support the use and delivery of such water resources. Tributary water means the legal right to divert and consume tributary water, available on a reliable basis in perpetuity, developed from a stream or alluvial aquifer, which the Town has the legal and practical ability to incorporate into its production system. Water dedication agreement means an agreement between the Town and developer in exchange for the dedication of water rights. (Ord. 07-01) Sec. 13-4-30. Required dedication with land use approval. (a) Annexation. The annexation of property to the Town shall occur pursuant to and be governed by the provisions of Section 31-12-101, et seq., C.R.S., also know as the Municipal Annexation Act of 1965. All groundwater rights to the Denver Basin groundwater underlying the annexed property shall be dedicated concurrently with and as a condition to the annexation. The severance of ownership or control of the groundwater rights from the annexed property shall preclude its annexation as the Board of Trustees may determine in its sole discretion. (b) Subdivision. If the requirements under this Chapter have not been satisfied by prior dedication or pursuant to a water dedication agreement, groundwater rights sufficient to meet the criteria of this Chapter shall be dedicated, including all groundwater rights to Denver Basin groundwater underlying the subdivision, as a condition to Board of Trustees approval of a final subdivision plat. (c) Concurrently with the dedication under Subsections (b) and (c) above, the Town and the dedicator shall enter into a water dedication agreement, or such dedication shall be part of the annexation agreement. As provided in Section 13-4-80 of this Chapter, the Town may accept the dedication prior to the time mandated above. (Ord. 07-01)

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Sec. 13-4-40. Manner of conveyance. The Board of Trustees, upon advice of its legal counsel, shall establish the required deed form and title assurances for the conveyance of water rights to the Town. Such conveyance shall require, at a minimum, the warranty of title given by the grantor in a special warranty deed. (Ord. 07-01) Sec. 13-4-50. Required adjudications. (a) It shall be the responsibility of the landowner, at his or her expense, to obtain a final decree to the groundwater rights prior to dedication to the Town. Under special circumstances, as determined by the Board of Trustees in its absolute discretion, the Town may accept unadjudicated Denver Basin groundwater, provided that the cost of adjudication and yield from the subsequent adjudication are addressed in the applicable development contract or water dedication agreement. (b) It shall be the exclusive obligation of the dedicator, at his or her expense, to obtain approval of the water court for a plan for augmentation for not nontributary Denver Basin groundwater. The dedicator shall secure or reserve, as applicable, the required supply to replace depletions both during and after cessation of pumping in accordance with the decree approving the augmentation plan. The dedicator's interest in the augmentation plan and the replacement water supply shall be concurrently conveyed to the Town with the dedication. (c) The Town shall be named as a co-applicant in applications for adjudication of Denver Basin groundwater, or for approval of an augmentation plan, and may participate in such adjudications for the purpose of maximizing uniformity among decrees of Denver Basin groundwater to be dedicated to the Town. The inclusion of the Town as a co-applicant shall not give the Town any ownership interest in the water decreed. The Town's ownership of the Denver Basin groundwater shall occur solely as a result of the dedication of such groundwater rights to the Town. (Ord. 07-01) Sec. 13-4-60. Cash in lieu of groundwater fund. There shall be established in the Town's water fund a separate account for the funds received in lieu of groundwater rights dedication. Such funds shall be utilized by the Town to lease, purchase or otherwise obtain the beneficial use of groundwater rights, or to invest in water development projects that are intended to extend the useful life of Town groundwater resources. (Ord. 07-01) Sec. 13-4-70. Augmentation plans. (a) No consideration shall be given a dedicator for the yield obtained by the Town through an approved municipal augmentation plan which uses return flows from dedicated groundwater rights as replacement water. (b) This Section shall not apply to augmentation plans adjudicated and implemented by and at the expense of the dedicator for the purpose of permitting the utilization of not nontributary or alluvial water sources with reliable dry year yields. (Ord. 07-01)

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Sec. 13-4-80. Water dedication agreements. On such terms and conditions as prescribed by the Board of Trustees, the Town may accept the dedication of groundwater rights and cash-in-lieu payments, prior to the time required under Section 13-4-30 of this Chapter. In consideration of the prior dedication, the landowner shall receive credit against the groundwater dedication requirements of this Code, which shall not be affected by changes made to this Code subsequent to the date of the dedication. (Ord. 07-01) Sec. 13-4-90. Preexisting obligations. This Article shall have no application or effect on those properties for which the Town has acquired the groundwater rights by deed or ordinance prior to the effective date of this Code. (Ord. 07-01) Sec. 13-4-100. Renewable water resource fee. (a) In order to defray the cost incurred by the Town in the acquisition and development of renewable water resources consistent with this Chapter, there is imposed a renewable water resource fee, as may be amended from time to time, as a condition to the right to connect to the municipal water system. (b) Credit against the renewable water resource fee may be granted in consideration of the dedication of tributary water on such terms and conditions acceptable to the Board of Trustees. (Ord. 07-01) ARTICLE V Water Activity Enterprise Sec. 13-5-10. Establishment of Enterprise. The Town hereby establishes the Enterprise as an agency of the Town and formally designates it as the Town of Elizabeth, Colorado, Water Activity Enterprise. It shall be the purpose of the Enterprise to pursue or continue all of the Town's water activities as defined in the Act, including water acquisition or water project or facility activities, including the construction, operation, repair and replacement of water or wastewater facilities, using revenues and income generated by and earned or acquired in connection with such water activities and held and managed in the Town's Water Enterprise Fund. As between the Town and the Enterprise, all water activities will be deemed done and furnished by the Enterprise. (Prior code 10-12.1) Sec. 13-5-20. Enterprise excluded from provisions of amendment. Pursuant to and in accordance with the Act, the Enterprise shall be excluded from the provisions of the Amendment and shall be entitled to impose rates, fees, tolls and charges; collect and spend revenues; issue revenue bonds; and construct, operate and maintain facilities and provide water services; all without reference or regard to the limitations contained in the Amendment. (Prior code 10-12.2)

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Sec. 13-5-30. Governing body. The members of the Board of Trustees shall serve as the governing body of the Enterprise and shall be known collectively as the Board of Directors of the Enterprise (the "Board"). Acting as the Board, the Board of Trustees may exercise the Town's legal authority relating to water activities as defined in the Act. The Board hereby is directed to take all actions necessary to cause the Enterprise to comply with all applicable laws. (Prior code 10-12.3) Sec. 13-5-40. Powers of Enterprise. The Enterprise shall have all powers and authority granted to water activity enterprises by the provisions of the Act, including but not limited to the power to conduct and continue water activities as defined in the Act; the power to contract with any person or entity, including other districts as defined in the Act and other water activity enterprises as defined in the Act; and the power to issue and re-issue revenue bonds through its governing body in accordance with and through the provisions of Section 37-45.1-104(2), C.R.S. (Prior code 10-12.4) Sec. 13-5-50. Enterprise obligations and Town obligations. In consideration of the Enterprise's commitment to provide water services for which the Town actually is obligated and to pay, from revenues and income in the Water Enterprise Fund, debt service on general obligation bonds and notes of the Town issued in the past to finance the acquisition, construction and installation of water rights, facilities and appurtenances, the Town hereby agrees to continue to provide administrative services for the Enterprise and its activities, to continue to hold title to and own all of the assets currently owned by the Town and necessary to the operation of the Enterprise, and to impose and collect all rates, fees, tolls and charges for water activities pursuant to Title 31, Article 35, Part 4, C.R.S. The relationship between the Town and the Enterprise with respect to the administration of the Enterprise, the operation of the water activities and the duties and responsibilities of each party shall be as is delineated and clarified from time to time in that certain joint resolution of the Town and the Board to be adopted when this Enterprise Article is in full force and effect (the "Joint Resolution"). (Prior code 10-12.5) Sec. 13-5-60. Transactions in name of Town. Any and all transactions of the Enterprise may be done in the name of the Town or in the name of the Enterprise, and neither this Section nor any transaction entered into pursuant to it shall alter or abrogate the relationship of the Town and the Enterprise as established in Section 13-5-50 and further clarified from time to time in a joint resolution. (Prior code 10-12.6) Sec. 13-5-70. Findings of Board of Trustees. The Board of Trustees hereby makes the following findings with respect to the establishment of the Enterprise: (1) The Town's Water Enterprise Fund, water rights, water facilities and appurtenances all shall comprise the Enterprise which shall be and is the water activity business owned by the Town.

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(2) The Enterprise shall be and is an agency of the Town for the purposes and within the meaning of the following: a. Title 24, Article 10, Part 1, C.R.S., the "Colorado Governmental Immunity Act"; b. Title 29, Article 1, Part 6, C.R.S., the "Colorado Local Government Audit Law"; c. Title 29, Article 1, Part 1, the "Local Government Budget Law of Colorado"; and d. All other local, state and federal laws, rules and regulations. (3) The establishment of the Enterprise is necessary to provide a secure water supply for domestic use by the inhabitants of the Town and other domestic customers of the Enterprise; to continue to provide water for agricultural use; to supply water for power, milling, manufacturing, mining, metallurgical, fish, wildlife, recreational and all other beneficial uses; to treat, reclaim, conserve, recharge, augment, exchange or reuse water supplies; and to provide wholesale and retail water supply and wastewater services. (4) The Town has the authority to conduct water activities as defined in the Act and is the sole owner of the Enterprise as required by the Act. The Town has bonding authority for water activities pursuant to Title 31, Article 35, Part 4, C.R.S., all as required by the Act. (5) The Enterprise receives under ten percent (10%) of its annual revenues in grants (as defined in the Act) from all state and local governments combined, having received (as the Town's Water/Sewer Enterprise Fund), less than ten percent (10%) of its revenues for the 1992 and 1993 fiscal years from all state and local grants and expecting to receive none of its revenues for the 1994 fiscal year from such sources. (6) Pursuant to the Act, the Enterprise is authorized to issue its own revenue bonds. (7) The Enterprise does not and shall not levy any tax whatsoever, nor shall any rates, tolls, fees or charges imposed or collected by the Enterprise ever be deemed to be taxes for any purpose under any law, rule or regulation, whether local, state or federal. (Prior code 10-12.7) Sec. 13-5-80. Termination. The Enterprise shall remain in existence at the will of the Board of Trustees and in accordance with law. In the event that the Enterprise is terminated by operation of law or by act of the Board of Trustees, any and all assets of the Enterprise, immediately and without the need for further action, shall be deemed to be and shall be assets of the Town. (Prior code 10-12.8)

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ARTICLE VI Water and Sewer Standards Sec. 13-6-10. Purpose. It is the purpose of this Article to establish standards for water and sewer systems within the Town in order that, through careful design and quality workmanship and materials, the safety of those using Town water and sewer services may be promoted. (Ord. 11-07 §6) Sec. 13-6-20. Jurisdiction. These standards shall apply to all water and sewer services within the Town. If different sections of the standards should require materials, methods of construction or other requirements, the most restrictive shall apply. (Ord. 11-07 §6) Sec. 13-6-30. Fees. The Board of Trustees may establish and adopt a schedule of fees to be paid by the developer or builder to defray the expenses of the Town in reviewing plans and/or inspecting work. Further, the Town may charge a reasonable fee for copies of these standards. (Ord. 11-07 §6) Sec. 13-6-40. Violations. No water or sewer systems shall be constructed in violation of this Article or amendments thereto without the express approval of the Board of Trustees. The Board of Trustees, through the Town Attorney and court of appropriate jurisdiction, may initiate legal action to prevent, abate or remove such unlawful construction in addition to any other remedies provided by law. (Ord. 11-07 §6) Sec. 13-6-50. Penalties. Any person, whether as principal, agent, employee or otherwise, who violates any of the provisions of the Water and Sewer Standards shall be subject to the general penalties as set forth in Section 1-4-20 of this Code. (Ord. 11-07 §6) Sec. 13-6-60. Adoption. The Town, through its Board of Trustees, hereby adopts the Town of Elizabeth Water and Sewer Standards, dated June 2011. One (1) copy of said Standards shall be maintained on file at the office of the Town Clerk and may be inspected during regular business hours. (Ord. 11-07 §6)

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