Loading...
HomeMy WebLinkAboutordinance.council.001-60 ORDINANCE / (Series of 1960) AN ORDINANCE PERTAINING TO THE ASPEN WATER WORKS AND THE REGULATION THEREOF, PROVIDING FOR THE OPERATION AND CONTROL THEREOF, THE APPOINTMENT OF A MANAGER, TAP PERMITS AND CONNECTIONS, USE PERMITS AND USES, SHUT OFFS, RATES AND CMAR- GES, METER REGULATIONS, VIOLATIONS AND PENALTIES THEREFOR, TAP CHARGES, REPEAL OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGEN6~f TO EXIST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT~ OF ASPEN: OPERATION AND CONTROL SECTION 1. The water-works owned and operated by the City of Aspen, Colorado, and used to supply said City with water, shall be know-nas "The Aspen Water-Works". The operation and management of said water-works shall be under the control of the Utility Board for the City of Aspen, which Board shall direct the construction of additions thereto, and the maintenance and operation thereof, and in all cases, not particularly pro- vided for by Ordinance, shall determine in what manner and upon what terms, water may be taken from said water-works, by any property owner or water consumer and the character of the connections and appliances which may be made or used therefor. SECTION 2. The~C°unctl, shall appoint a manager of said water-works, and such manager shall, under the direction of the Utility Board, have charge of all facilities of said water-works and it shall be his duty to manage said water-works, and main- tain and control the same as directed by the Utility Board, and as provided in this Ordinance. SECTION 3. Ail contracts pertaining to said water-works, and dis- bursements of funds of the City of Aspen for construction, maintenance and operation thereof, shall be made in accordance with the laws of the State of Colorado and the Ordinances of the City of Aspen. SECTION 4. The Manager of said water-works shall have control of the laying of all water mains. The Manager shall have the general supervision of the putting in of all taps, and service pipes or other connections with the water mains and the regulation of the water supply to all users of water; he shall also have charge of and be responsible for all tools, machinery, pipes, meters, fixtures, plumbing material and all other ap- paratus and appliances owned by the City or used by it in the maintenance and operation of said water-works, and shall keep account of all such material and the manner in which the same is used, kept or disposed of. DUTIES OF MANAGER SECTION 5. It is hereby made the duty of the Manager to make a report to the Utility Board and the City Council monthly or oftener, if required , of bis doings as Manager and of the condition of the water-works and it shall also be his duty to make such suggestions concerning the same as the nature of the service may require. SECTION 6. It shall be the duty of the Manager to keep all fire hydrants in repair and shall test the same frequently to see if the same are in order, and he may let water from said hydrants, whenever it shall be necessary for the testing of the condition of the water-works, or for purifying the water, or for the repairing of said water-works, or for watering the trees in extreme need. The Manager shall grant permission to any person employed by the City to sprinkle the streets, or to any other person the Utility Board may des- ignate, to draw water from said fire hydrants. The members of the Fire Department under the orders of the chief of the Fire Department or other Officer in charge, shall at all times have free access to aaid fire hydrants in case of fire and for the purpose of cleaning, washing or testing their engines or other apparatus. No person, other than those above mentioned shall open or operate any fire hydrant, or draw water therefrom, or obstruct the approach thereto. Wrenches for fire hydrants shall be furnished by the Manager to the Fire Department for the use of its members, and to such other persons as to him may seem proper, and no person to whom a wrench is so furnished shall permit the same to be taken from his control or to be used by any other person or for any other purpose than that authorized by this Ordinance or by the Manager in pursuance thereof. TAP PERMITS AND CONNECTIONS SECTION 7. The Manager shall supervise and administer the issuance of all applications for permits to tap on to said water-works in accord- ance with the provisions of this Ordinance. All applications for permits to tap shall state the name of the applicant, the date thereof, the nature and size of the tap to be used, the location thereof, and the premises for the use of which such tap is made. If said application to tap shall include provisions not specified or provided for in this Ordinance, no permit shall be issued except with the approval of the Utility Board. SECTION 8. All permits to tap shall be issued and signed by the Manager and shall set forth, the name of the applicant for such permit, the nature and size of the tap, and stop-cock to be used, the location thereof, the premises for the use of which such tap is to be made. The Manager shall keep a duplicate or record of all permits to tap, issued by him, in a book or books, kept for such purpose. No permits to tap shall be issued except as provided for in this Ordinance. SECTION 9. All taps and connections made upon the water mains of this City and all work and plumbing done in connection therewith, shall be done by the Manager, or under his supervision, and in addition to the necessary tap and applicable tap fee, the water user must pay for the cost of installation of the service, including all materials, excavations meters, if any there be. SE~ION 10. No tap or other connection with the water mains of the City of Aspen Water-Works shall be made by the Manager, until all appli- cable permit and tap fees have been paid. SECTION 11. Whenever any person or persons owning any premise or any premises within the City limits desire to tap the water main, and there is no main in the street adjoining his or'her premises, and the City is unable to extend the same, then said person or persons may take water to their said premises by connection of a private pipe to the nearest water main, and laying said pipe in the street to a point opposite their pre- mises, which pr'irate pipe line shall be treated as e water main and a tap shall be placed therein opposite his premises. If any person desires to tap or extend said private pipe line, adding thereto additional taps, he shall first procure the written consent of the owners thereof, and from the Manager shall also procure a regular permit and thereupon a tap may be put in in the usual way. Any private pipe line installed under the provisions of this Section shall be installed under the supervision of the Manager and subject to the specifications as to depth of said pipe line and diameter thereof approved by him. Whenever a regular City water main is laid along where such private pipe line exists, the City shall, at its expense, discontinue such private pipe line, and make all connections with the regular main. SECTION 12. In all cases where service pipes have been constructed from a single tap to different houses, buildings or premises, and a separate -2- stop-cock, accessible to the Manager has been placed on the pipe leading to each house, building or premises, so that water can easily be ~urned on or shut off from said premises, or any of them, the continued use such extensions will be permitted, and hereafter any person or persons owning adjoining premises, may obtain a permit to make one tap for such premises. Whenever such a permit has been granted, a single tap may be made and a single service pipecmay be laid therefor, but such service pipe must be provided with separate and distinct stop-cocks for each and every of tbs premises. SECTION 13. Hereafter no connection with the water-works or use of water therefrom, shall be made through any extension of the service pipe of any other premises or premise, except as provided in Section 12. If any premises shall have such an extension of the service pipe belonging to another person, unless it be as allo~ed by Section 12, the o~ner thereof shell be required, within 6 months from the enactment of this Ordinance to provide a separate stop-cock or to connect with the water main, in front of his premises, if there be such a water main, and if there be no main in front of ~is premises, the Manager may order all water shut off from the service pipe in the case of failure of any of the users of water frem said service pipe, to pay his water rent or charges when due. In case the water is so shut off, the Manager shall pay back to any of the users affected, who have paid so in advance, if any such there be, his pro rata share of the payment so made in advance. SECTION 14. Except in such cases as the Utility Board may grant per- mission, no tap inserted in or connected with the service pipes shall have an orifice of a ~e~er diameter than three-fourths of an inch, and every such tap'shall be of brass and the service pipe connected therewith shall be of heavy, serviceable pipe, and shall extend from the main to the out- side line of the sidewalk at which point shall be placed a stop-cock with cover and in case the point of delivery is such that there is no sidewalk or if it be in the alley, then said stop-cock shall be placed Just outside the lot line or st such point as the Manager shall direct, and so that the same shall be acc~ssible to the Manager for the purpose of turning on or shutting off water by means thereof, without going on private premises. SECTION 15. All service pipes and other fixtures connected with the water mains shall be of good and sufficient material, well and substantially made and the laying of such ppipes and all the work done in so conducting water from the main, shall be done in a skillful and work~-nlike manner. All service pi~es shall be laid at least 6 feet below the established grade of the street from the main to the ~utter, and in all places, at least ~ feet below the surface of the ground. The ba~kfilling shall all be done in a good and workmanlike manner, leaving the street in good condition. The owner of the premises shall furnish and pay for all materials, tools, labor and all expenses in and about the making of all connections with the main. Any work done, or material furnished, contrary to the re- quirements of this Section shall be done over upon the direction of the M~nsger. · ~ ~ . SECTION 16. Ail excavations in the street shall be made in conformity to the Ordinances of said City and such suitable barricades and ~uards shall be placed around such excavations, as will be sufficient to protect all persons from injury and damage; and sufficient red lights shall be kept burning near such excavations, from twilight until sunrise in order to protect all persons from injury or damage thereby; and the person making such excavations shall be liable for all injuries or damages resulting from his failure to do so. SECTION 17. In case any owner of premises on which water is used shall cease to use water, and desires to disconnect his premises, he shall not be permitted to take up the stop-cock or that portion of the service pipe, leading from the main to said stop-cock, but his water shall be shut off at said stop-cock and all appliances from the water main to and eluding said stop-cock shall remain in the ground and become the property of the City. -3- SECTION 18. When any tap or connection has been completed and the service is found to comply with the provisions of this Ordinance, the Manager shall test said connection to determine that said connection and service are in proper operating condition. SECTION 19. No water shall be turned on, except for testing, by any- one except the Manager or someone acting under his order. When the water has been turned off for any reason provided for in this Ordinance, the Manager shall not turn it on again, or order it to be turned on, until the owner of the premises has applied for a~received a permit to use water. SECTION 20. The owner of any premises for which a connection is made, shall at all times keep all pipes, fixtures and appliances from point of connection with main to and on his premises tight and in good working order and so as to prevent any waste of water. In case of any pipe or f~xture shall be found to waste water, the owner shall forthwith repair and correct the same. If at any time the Manager shall ascertain that the plumbing fixtures or appliances on any premises or premise, are so defective as to waste water, it shall be his duty to i~mediately notify the user of the water or his agent, thereof, to repair the same, and if the same are not repaired within 48 hours from the time of such notice, being served upon the water user or the owner or his agent, the Manager shall shut off the water from said premises and i~ediately notify the Utility Board. Any owner who refuses to comply with such an order shall be deemed ~uilty of a misdemeanor and on conviction thereof, shall be fin~as provided in this Ordin~nce. SECTION 21. Whenever, under any of the provisions of t~ts Ordinance it shall be the duty of the Manager to shut off the water of any premises at the stop-cock and no stop-cock can be found, or if the same is found to be so filled with rock, cement, concrete or other substance that it is unavailable for the use for which it was intended, then it shall be the duty of the Manager to disconnect the service pipes from the main and close the orifice in the mains through which the water shall have been transmitted to such service pipes. SECTION 22. In any case where the water has been shut off from any premises, for any causes stated in this Ordinance or at the request of the owner of the premises, the Manager shall not issue a permit for the use of the same until requested to do so by the owner of such premises and until all back water rents and charges have been paid. USE PERMITS AND USES SECTION 23. No water shall be turned on to any premises until the owner has applied for and received a permit to use water from the Manager, and such permit shall state the name of the applicant, the date thereof, the location of the premises on which water is sought to be used, the nature and extent of the appliances on such premises for the use of water, the purpose or purposes for which the water is to be used and that the applicant accepts and agrees to abide by each and every of the provisions of this Ordinance, providing however, the tap permit as provided in Section 8 hereof may be included in the use permit under this section. Such permits when issued shall give the holder thereof the right to use water on such premises for the purposes stated in such permit from the mains until the water has been ordered to be or has been shut off by the City Officials, pursuant to some provisions of this Ordinance or until the owner of the premises bas ordered the water shut off. SECTION 24. If at any time any person shall propose to extend his service pipes for the supply of any other rooms, or tenants, or for the use -4- of water for any other purpose other than those for w~ich he or others shall bare a permit he shall before so doing, obtain a permit from the Manager for such extension, said permit to be without charge. SECTION 25. Whenever more than one business shall be carried on in any one store, room or other building it shall be the duty of the Manager to decide whether or not more than one charge shall be made for such use. SECTION 26. Any owner or occupant of premises not connected with the water main shall have the right of obtaining the written consent of the owner of premises connected with the mains, and on filing the same with the Manager and on applying for and obtaining from the Manager, in accordance with the provisions of this Ordinance, a permit to use water from the premises so connected with the mains; but in every such case, the owner of the premises from which the water is taken by the applicant, shall be responsible for all water rents and charges that may be assessed against such applicant if not paid by such applicant; which water rates and charges shall be the same as it would be if such premises were connected with the mains. SHUT-OFFS SECTION 27. If after a permit to the use of water shall have been issued it shall be ascertained that water is being used on any premises not authorized by said permit or by any other permit or in a greater amount or for a different purpose than that provided for in said permit or permits, it shall be the duty of the Manager to shut off said water, providing however, the Manager shall give the owner of such premises 48 hours notice prior to the date said water is to be shut off. SECTION 28. The City Council and Utility Board reserve the right to shut off the street mains, when they deem it necessary for repairing the mains or water-works making connections or ex- tensions to the same, or for the purpose of cleaning the same. No~main shall be shut off, except for emergency, without prior notice to the water users affected. But no licensed plumber or other person shall shut off the water from any of the City Mains or make a tap thereon. In case of any emergency the Mayor may by procl~mation restrict the use of water until the next meeting of the City Council. RATES AND CHARGES SECTION 29. There shall be charges and assessments to all consumers of the Aspen Water-Works for the use of water, made by the Manager in accordance with the following schedule of rates: -5- DOMESTIC WATER - RESID~CE uSE APPLICABILITY Applicable within the territory served ~ an near City of Aspen, Colorado. AVAILABILITY These rates are av~ilable to all residmutlal users of water, including residences ~e~ere no more than 2 rooms are available for rent, except for municipal hydrants, large users, or where use requires the installation of a meter. The charge indicated covers the first outlet or fixture in each unit. Additional fixtures are to be charged at the specified rate therefor. TYPE OF USE Dwellin~ Ho4se. Residence or Apartmen$ Within City Without City ' Per unit of & rooms or less $2.20 $3.10 Per unit of 5 rooms 2.35 3.30 Per unit of 6 rooms 2.50 3.50 Per unit of 7 rooms 2.65 3.70 For each additional room, add - .15 .20 For each additional sink, lavatory or faucet, add- ,~0 .55 First water closet or urinal (self closing) .75 1.05 Each additional ~ater closet or urinal .~O ,55 First bath tub or shower .75 1.O5 Each additional shower or tub .kO .55 CHAR~ES ~HOWN AR~E BASIS FOR BILLING O~E MONTH OR FRACTION THEREOF. MINIMUM CHARGE - SEASONAL USE Less than 12 mon%hs continuous use Net mfni,-,m charge per customer for use, four (&) consecutive months or $20.oo $~.oo 5 consecutive months 24.oo 6 consecutive months 28.00 7 consecutive months 32.00 8 consecutive months 3b. OO 9 consecutive months 40.00 10 conse~lutive month ~+.00 11 consecutive months 48.00 Ail minimums are for months or fractions thereof. 33.60 39.20 50.aO 56.~ 61.60 67.20 DELAYED PAYMENT ?~ALTY Bills p~yable monthly in advance Ten(lO)percent will be a~ded to all bills under th~s schedule if not paid within twelve(12) days after sa~e are due. A service charge of $2.00 shall be made for establishing each water connection. Also a disconnect charge of $2.00 shall be made for dis- connection of ~ervice for non-payment of bill or for any violation of any rule or regulation. ~._~ ..... I, !~A'~ Effective April 1, 1960 Domestic Water - Co,.aercial Use APPLICABILITY Applicable ~ithin the territory served ~n and near City of Aspen, Colorado AVAILABILITY ~ese rates are available to all commercial ~sere of ~ater, including residences Sere ~ra than 2 roc~ ara available for rent, except for m~nicipal by--ts, large users, or Sere uae requires the installation of a ~eter. The charge indicated covers the first outlet or fixture in e~ch unit. Additional fixtures are to be charge~ at the specified rate therefor. Within City Without Cit~ ~T~S $~O $2.~O B~kery, for emch ove~ Ear, er or Beauty Shop First chair, includes eater for wash ~sin 2.70 3-~O Each a~itional chair, includes water for .5~ .75 a~ditionA1 basin .80 1.15 B~]liar~ or Pool Parlor, First Table Each edditional Table .~O .55 Boarding House or Lodging House (Residences w~ere more than t~o rooms ara available for rent) 8 rec~s or lees Each a~dition~ r~m over 8 ~ttle Washer C~r Wash R~ck Club ~, Tavern, ~c~ ~r Cl~e~, ~g or ~u~g Works Cou~ House D~tists' ~fice Dat~ ~, ~r h~ Di~er Fi~ B~tion (~out ~r s~rage) ~ge, ~blic ~, ~lic ~o~es, ~ Hospi~, ~ ~, ~r ~ Hotlea, 25 ~ or less, ~r ~ A~ve 25 ~ - ~r ~ition~ ~, ~r ~er or tu~ - ~d ~r ~er or ~b - Office, ~ one ~ ~s~ only ~e~g~ic Pr~t~ ~li~ 2.70 .15 1.55 1.~O 1.95 2.70 2.30 1.95 .~0 1.55 1o95 2.30 1.95 .15 .20 .15 1.35 2.35 .~O 2.70 3.80 2.~ 2.65 2.75 3.~ 3.20 2.75 .55 2.20 2.75 3.20 2.75 .30 .20 1.~ 3.30 1.10 3.80 ~ffective April 1, 1960 Domestic Water - C~mmercial Use (Con't) Refrigerators, (Locker Plant) water cooled 1.55 Restaurant or Lunc Room , Per guest seat Minimmum Charge 2.70 Pmblic School 2.70 Soda Fountain 2.70 Stere or Shop (Drug, Grocer, Meat, Candy, Soft Drink, Ice Cream, Theatre) 2.30 Tourist Cabins, Motels, Trailers, Eaeh .80 (If fixtures are installed rate for ~oarding houses or lodging house will apply) 2.15 .10 3.80 3.80 3~ 20 1.10 For fixtures or outlets in addition to the first fixture in a commercial establishment, charges will be made as follows: 1. Fixtures installe~ for use of the occupants of private roams'and suites and not for use of general roomers or the general public: Each water closet or urinal, self closing .80 1.10 Each wash basin, sink, or lavatory in excess of the first .~0 .55 Each bath tub or shower .80 1.10 2. Fixtures installed for use of Public: Each water closet or urinal, self closing 1.&O 1.95 Each water closet or urinal Each wash basin, sink, lavatory, or faucet in exce ss of the first eAO .55 Each bath tub or shower 1~35 1.90 CHAROES S~CWN ARE BASIS FOR BILLING ONE MO~TH OR FRACTION THFJ~E OF. Less than 12 months continuous use: Net minimum charge per customer for use, four ~4) consecutive months or les, ............ $20.00 5 consecutive months 6 consecutive months 7 consecutive months 8 consecutive months 9 consecutive months l0 consecutive months ll consecutive months All mlni~,ms are for months or fractions there of. 24.00 28.00 36~00 ~0,00 ~+8.00 33.6O 39.20 ~.80 50.40 56.00 61.60 67,2G DeLAYeD PAYMI~T PE~AL__~ Bills payable monthly in a~vance. T~n (10) p~rcent will be added to all bills ~uuder this s~edule ~f not paid within twelve ~12) days after same are due. A service charge of $2.00 shal~ be ~ade for e~t~lishtng ~ach water cor~uection. Also a discornuect ~h~rge ol~ $2.00 shall be made for disconnection of service for non-payment of bill or for any violation of any rule or regulation. ~, ~.~,d F~-~h 1. 19~~ Effective April 1, 1960 r~ DO. TIC WATE~ * RESID~Ct AND CO~;~CIAL U~ Flat Rate Applicable within the defined water territory at Aspen, Colorado. AVAILABILITY This flat rate is available to customers So desir~ water service for vacant lots only. Where service is connected and for the p~rpose of sprinkling and/or irrigation of lawns and gardems. RATE Hose tap 3/4N or small.r, be attAchec[) (any tap to which hose can 2.70 MINIMUM C~ARGE Net minimum charge notless than three month billing for each tap connected. DELAYE~ PAYNE11T P~NALTY Bills payable monthl/ in advance. Ten (10) perce~t will be added to all bills under this schedule if not paid within 12 (twelve) days after s~e are due. A sertr~ce charge of $2.00 shall be made for establishing each water connection. Also a disconnect charge of $2.00 shall be made for disconnection of service for non-paymemt of bill Sr for any violation of any rule or regulation. 3.45 Effective April , 1960 ~ater - ]r~EE HYDRANT8 APPLICabILITY Applicable within the defined ~ter territory at Aspen, Colorado AVAILABLI~ITTT For water available for fire protection Eamh fire hydr~at ~6.65 per yr. O~e-Twelft~(1/12) the annual ~arge i, due and payable the firwt day of each 60.65. per yx Effeetive April 1, ~'I"IC W4~ - RE,SIDIIdC'- OR C(3{~(~iAL UI!LI~ Applicable within the territory served ~ and near Aep~m, Coloreno. AVAILABILITT rmtee Where uae requires the installation of a meter the following are available. The deeisinn on installation of metere rest with the utility. Firet 2,500 gaLlone used per month 3.35 &.70 Wext 12, 500 gallons used per mo~th .80 1.10 N~a~ 20,000 gallons used p~r mon~ .70 1.O0 iext 30,000 gallons u~ed per month .60 .85 ~ext 100, O00 gallons w. led per month .33 ..A6 Ail over 200,000 galleeas used per month e27 ~3~ ~ CHA~GE Net mini~tm c~arge per month 5/8 inch meter 3.35 4.80 3/4 inch meter 4.65 5.70 1 inch meter 6.65 9.30 1 t inch meter 9.50 13~30 1 inch meter 11.35 15.~O 2 inch meter 20.00 ~.00 3 inch meter 26.65 37.30 DELAY]~ PAlmiEST P~ALTY Bille payable monthly in advice Te~ (10) percem% w~33 be a~ ~ a~ b~ ~er ~is s~e ~ not ~id ~ t~ve (~) ~o ~ter ~ a~ due. A eeriveo charge of $2.00 shall be made esteblishing each ~ter connection. Also a disconnect Charge of $2.00 shall be made for disco~nectime off service for non-paymeat of bill or for any violation of any rmle or regulation. Effective April 1, 19~0 METER REGULATIONS SECTION 30. Any premises on which any business or commercial enterprise is conducted, in whole or in part, where the use-of water is necessary to conduct said business or commercial enterprise, such consumer shall be required to take ~is water through a meter and pay for the same accordinE to the meter measurements thereof. If, at any time, the Utility Board shall determine that the specific or flat rate charged for any use, is improper or unjust, it may require that said use be by meter only. SECTION 31. All consumers, including, but not limited to, all schools, churches, and public buildings, who have or shall hereafter be allowed to have a water tap larger than three-fourths of an inch shall take their water through a meter, and pay for the same according to the meter measure- ments, and at the rate provided in Section 29 of this ordinance. SECTION 32. If any person requiring service or required by this ordinance or by order of the Utility Board to have the water supplied to his premises by meter shall fail or refuse to provide such meter within 30 days after being so notified, the Manager shall shut off the water from said premises until such meter shall be installed and all charges paid. SECTION 33. In no case shall the owner of any premises be allowed to take part of the water used on said premises on a flat rate basis, and part on the meter basis, but in every case, such owner shall take and pay for all the water used by him, on any one premises, either on the flat rate or on the meter rate basis. SECTION 34. Any consumer using water under the specific or flat rate basis may change ~uch use to a meter basis at any time at his own expense, by notifying the M&~.ager thereof. SECTION 35. All meters shall be of a type, size and design approved by the Utility Board, and shall be installed at the curb line in a concrete box, with a steel lid, flush with the sidewalks level, or shall be con- structed and located as directed by the Utility Board. Said box to be not less than three feet by three feet in size for all meters of 3/4th inch or less in size, and not less than four feet by four feet in size for all meters greater than 3/4th inch in size. Said meter and meter boxes shall be installed by the Manager and the expense of the material and equipment shall be charged as an expense or installation and paid by the property owner before being allowed to use water there through. Each meter shall be tested by the Manager and must be found to be cerrectly adjusted before the consumer shall be allowed to use water there through. SECTION 36. The cost of each meter and the expense of installation shall be paid by the consumer, and if the City Council shall so elect shall be bought of the City of Aspen. SECTION 37. If any meter shall fail to register during any one month, the consumer shall be charged at the average monthly consumption as shown by the meter when in order. VIOLATIONS SECTION 38. It shall be unlawful for any person, unless authorized by this Ordinance, to trespass upon said water-works or the grounds upon which the same are constructed, or to injure or in anywise damage or to ~ meddle or interfere with ~n any way any property or appliance constituting or being a part of said water-works or any fence~ guard rail, box cover or building or any other structure constructed or used to protect any part of said water-works. It shall be unlawful for any person to cast, place, dump or deposit in said water-works, any substance or material which will in any manner injure or obstruct the same, or any material or substance which will con- taminate or pollute the water in said water-works or any part thereof, and -6- it shall be unlawful for any person to bathe or swim in or bathe any animal or cause any animal to enter into or swim in any of the reservoirs or otherparts of said water-works. SECTION 39. It shall be unalwful for any perann to tap or make any connection with the pipe line or water main, forming a part of the Aspen Water-Works, without having first obtained a permit therefor, as in the Ordinance provided. Any person desiring to tap the pipes or mains of said water-works or make any connection therewith shall make application therefor in writing for a permit so to do, to the Manager, said application, in all cases, to be accompanied by a fee as hereinafter provided. SECTION 40. It shall be unlawful for any person not authorized by this Ordinance to make any connection with any water pipe or main of said water-works, or for any authorized person to put in any tap or connection contrary to the provisions of this Ordinance. SECTION 41. If any'person having a permit to use water on his premises or any occupant of such premises shall allow any person to take water from said premises unless last mentioned person or the owner of the premises on which he lives has a permit so to do as provided for in this Ordinance, he shall be deemed guilty of a misdemeanor and on conviction thereof fined as provided for in Section~ of this Ordinance. SECTION 42. That, hereafter, it shall be unlawful for anyone at any time to use water for sprink~ng or irrigating through a hydrant or hose, without a nozzle or lawn sprinkler, and no sprinkler used shall be more thanCity3/8'inChcouncil/~[X~v~in diamm~ar.. ~esrdauthority to establish by resolution, motion or otherwise any and all other restrictions as to the use of water for sprinkling or irrigation and a violation of any such orders or regu- lations as imposed by said City Council or Utility Board shall be consi- dered a violation of this Ordinance. SECTION 43. It shall be unlawful to use water for sprinkling ur irrigation purposes during any fire or while the fire department is using water for fire purposes and when the fire alarm is sounded. SECTION 44. Any person having a permit to use water from the Aspen Water-Works who shall permit, suffer or allow water to run to waste upon his premises, buildings, houses or lots in, through or out of any water closet, lavatory, urinal, bathtub, hose, hydrant, faucet or other fixtures, appliance or apparatus whatsoever, or in any manner through neglect or by reason of faulty or imperfect plumbing or fixtures, shall be deemed guilty of a misdemeanor and punished as provided in Section6/~ of this Ordinance. SECTION 45. In all cases where any person shall be found to violate any of the provisio~s of th'i~ Ord!~flce, he shall be brought before the Police Magistrate who shall proceed against such person as by Ordinance provided. SECTION 46. All acts and omissions or violations of the provisions of this Ordinance shall be deemed a misdemeanor and shall be punished by a fine of not less than $5.00 nor more than $300.00 for each and every offense. TAP CHARGES SECTION 47. That from and after the passage of this Ordinance all water users who shall tap the water mains and lines of the Aspen Water- Works shall pay a tap charge, above all other fees, based upon the size of the tap to be made, and said cbarges to be as follows: 3/4 inch tap $25.00 1 inch tap 40.00 1% inch tap 90.00 2 inch tap 130.00 3 inch tap 250.00 4 inch tap 410.00 In addition to the above tap fee the user tapping said line must pay for the cost of installation of the service, including labor, materials and equipment. MISCELLANEOUS SECTION 48. On payment of any water rent, the Utility Board shall issue a receipt which shall state the date thereof, the amount of money received, from wbom received, and on what premises the water was used for the payment of which the money was paid. SECTION 49. Ail the rates and charges specified in this Ordinance shall be paid by the Owner of the premises on which the water was used, or the occupant thereof; and all such water rates and charges from the time such shall be due and chargeable shall become and remain a lien upon the premises until such rates or charges shall be paid and said water rates and charges may be collected against any owner or occupant by suit, such action to be in the name of the City of Aspen in any court having juris- diction thereof; and to be prosecuted as an action at law personally against said owner or occupant by a suit in equity for the enforcement of such lien. Any lien for unpaid water rates and charges against any premises may also be collected as provided by the statutes of Colorado for the collection of taxes and other liens and assessments against real estate. SECTION 50. The Utility Board may from time to time direct that the Manager or other official designated by it may and shall examine and inspect all premises where water from the Water-Works is used in or upon said premises in order to ascertain the nature, character and extent of such water use and the condition of the water pipes, fixtures and appli- ances, and to determine if water is being wasted upon said premises. During the times that such inspections are being made, the Manager or oth~ official desiEnated shall accurately tabulate the appliances and fixtures used for water as may be required in connection with the establishment of the rate to be charged to any such preiises and the report thereof shall be submitted to the Utility Board. SECTION 51. All Ordinances or parts of Ordinances in conflict herewith are hereby~pealed, but such repeal shall not release any charge or penalty accrued thereunder or any proceedings to enforce the same. SECTION 52. If any court of competent Jurisdiction should ever determine that any part of this Ordinance is invalid or unenforceable, such determination shall not affect the remaining parts hereof, the intention being to make the provisions herein severable. SECTION 53. This Ordinance, l.~,ediately on its passage, shall be recorded in the Book of Ordinances kept for that purpose, authenticated by the si~natures of the Mayor and Clerk, and shall be published as provided by law. SECTION 54. By reason of the fact that it is necessary to provide for the amortization of bonded debt, repair, maintenance and construction and improvement of said Water-Works in order that the City and its inhabi- tants may be properly and adequately supplied with water, it is hereby declared that an emergency exists and that this Ordinance is necessary to the immediate preservation of the public health, peace and safety and shall be in full force and effect five (5) days after its final publication. INTRODUCTED, REA~AND ORDERED published as City Council of Aspen, Colorado, Aspen, on this 7th day of March, ATTEST: provided by law by the at its regular meeting held at City of A. D. 1960. FINALLY passed, adopted and approved on this I C , 1960. day of ATTEST: / 1 CITY CLSm STATE OF COLORADO ) ) SSo COUNTY OF PITKIN ) I, ~orothy Hoffman, as City Clerk of the City of Aspen, Colorado, do hereby certify that the above and foregoing Ordinance was introduced, read in full and passed first reading at the regular meeting of the City Council held March 7, 1960, and published in The Aspen Times, a weekly newspaper of general circulation published at the City of Aspen, Colorado, intits isSue of March // , 1960, and was finally adopted and approved on '~t~-~.~,~ ~ [ ~ 1960, and was ordered published as Ordinance No. / (Series of 1960) of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my haDd and the seal of the City of Aspen, Colorado, this .~¢~c~y of ~ /If~/~.c ~ , 1960.