WATER AND SEWAGE SYSTEMS AND SERVICE

Sections:
13.04.010 Definitions.
13.04.020 Organization.
13.04.030 Personnel.
13.04.040 Water and sewer funds.
13.04.050 Expenses.
13.04.060 Audit.
13.04.070 Water and sewer rates and charges.
13.04.080 Enforcement of charges.
13.04.090 Contracts for the rendering of services.
13.04.100 Bonded indebtedness.
13.04.110 Rules and regulations.
13.04.120 Water and sewer rates.

13.04.010 Definitions.
A. "City," as used in this chapter, means the City of Lakewood.
B. "Service entity," as used in this chapter, means:
1. A special district formed under the statutes of the state and authorized to render water services or sewer services, or both; or
2. Consolidated Mutual Water Company; or
3. Any other person, company or entity rendering water or sewer services; or
4. The City and County of Denver acting by and through the Denver Board of Water Commissioners.
C. "Service area" means the city plus that area lying outside the boundaries of the city which is within the exterior boundaries of any service entity which is or may be served by the City of Lakewood with water or sewer service, or both. (Ord. O-94-39 § 1, 1994; Ord. O-91-59 § 7 (part), 1991; Ord. O-88-71 § 1 (part), 1989).

13.04.020 Organization.
The Lakewood Board of Water and Sewer Commissioners previously established by city ordinance is dissolved. The City Council of the City of Lakewood shall have full power and authority, subject to the City Charter, to operate and maintain the water and sewer systems. All contracts, agreements, rules and regulations, bond issues and other obligations previously entered into by the Lakewood Board of Water and Sewer Commissioners shall remain in full force and effect. Subject to the supervision and control of the City Manager, the Director of Public Works shall administer the water and sewer systems. (Ord. O-94-39 § 2, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.030 Personnel.
Water and sewer employees will be subject to the City of Lakewood personnel policies. (Ord. O-94-39 § 3, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.040 Water and sewer funds.
The water fund and sewer fund, previously established by city ordinance, are continued. All revenues received from the operation of the water and sewer system, together with all the moneys coming into the funds from other sources, including, but not limited to, appropriations by the City Council from the general fund, fees collected for water or sewer service and mill levies and other income to retire bonded indebtedness, shall be placed in the water fund and the sewer fund. All revenues of the water and sewer funds shall be turned over to the Treasurer of the city, who shall open and keep a separate account or accounts for the water fund and for the sewer fund and shall faithfully account for all moneys received and disbursed on account thereof, and each such account shall be a public record. All financial operations of the funds shall be in compliance with all existing administrative policies, city ordinances and resolutions. (Ord. O-94-39 § 4, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.050 Expenses.
All moneys received by the city as water or sewer revenues pursuant to this chapter shall be held by the city. Any expenditures thereof shall be made only for the purpose of water and sewer capital improvements, administrative costs which shall include, but not be limited to, compensation as defined in Section 2.28.080 of the Lakewood Municipal Code, of employees who perform functions for the water or sewer system, reconstruction, operation and maintenance, or expansion of the water and sewer utility or other purposes related to the foregoing functions of the water and sewer system within the City of Lakewood. Said moneys shall be deposited in the water fund or the sewer fund and shall not become a part of the general fund of the City of Lakewood. (Ord. O-94-39 § 5, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.060 Audit.
The City Council shall cause the water and sewer funds to be audited by an independent auditor, at least annually, who shall make a report of his findings to the City Council. The independent auditor shall be the same as designated to audit the city's financial records. All accounts and records shall be fully available to the auditor. (Ord. O-88-71 § 1 (part), 1989).

13.04.070 Water and sewer rates and charges.
The City Council shall establish standards of service and shall fix rates for which water and sewer services shall be furnished. Rates shall be sufficient to pay for the operation, maintenance, reserves, debt service, additions, betterments, including those reasonably required for anticipated growth, and to provide for general welfare. The rates may also be sufficient to provide for the accumulation of reserve for improvements and obligations of such magnitude that they cannot be acquired from the surplus revenues in a single year. Rates and connection charges may vary according to demand, quality and volume, but shall be uniformly applied to the end that all persons receiving like services shall pay the same rates and connection charges except that a rate differential may occur to meet obligations which relate to a specific group of customers or properties. The City Council shall establish fees for the extension of service to properties not then being served by it. (Ord. O-88-71 § 1 (part), 1989).

13.04.080 Enforcement of charges.
A. In addition to other means provided by law, the City Manager may enforce the payment of any charges by discontinuing water service to the premises at which the charge arose without regard to the ownership or occupancy of such premises. Payment in advance or deposit in lieu thereof may be required by the City Manager to whatever extent he finds such practice conducive to the prompt payment of amounts due on account of water and sewer service. Any discontinuance of water service shall occur only after notice has been provided to the customer and an opportunity for a hearing with the Director of the Department of Planning, Permits and Public Works or his designee has been provided.
B. In addition to other civil collection procedures, all water and sewer fees and charges, together with all interest and penalties for default in payment, and all costs in collecting the same, until paid, shall constitute a perpetual lien on the property receiving the water or sewer service, on a parity with the tax lien of general, state, county, city, town or school taxes, and no sale of such property to enforce any general, state, county, city, town or school tax or other liens shall extinguish the perpetual lien for such fees, charges, interest, penalties and costs.
C. Acceptance of water or sewer service shall be an assumption by the owner of responsibility for payment of such charges, and billing of such service to other than the owner shall not release or invalidate such lien rights.
D. Upon sale, transfer, conveyance or assignment of such property, it shall be the duty of the grantee to pay any outstanding charges as a condition of continuation of service to such property by the city.
E. Delinquent charges may be collected as any other debt owed to the city at the option of the city.
F. No person shall interfere with, tamper, or remove the water and sewer lines, meters, or appurtenances of the water and sewer system, without first obtaining the approval of the manager of the water and sewer division. Enforcement of this subsection shall be in the Municipal Court of the city or the District Court of Jefferson County. No remedy provided herein shall be exclusive, but the same shall be cumulative; and the taking of any action hereunder, including charge or conviction of violation of this chapter in the Municipal Court of the city, shall not preclude or prevent the taking of other action hereunder to enjoin any violation of that ordinance. (Ord. O-94-39 §§ 6, 7, 1994; Ord. O-91-59 § 6 (part), 1991; Ord. O-88-71 § 1 (part), 1989).

13.04.090 Contracts for the rendering of services.
A. The City Council is authorized to enter into any contract with any service entity which allows the service entity to provide water and/or sewer service to the Lakewood Water and/or Sewer Service Area. Conversely, the City Council is authorized to enter into any contract with any service entity which allows the city to provide water and/or sewer service to such service entity.
B. The City Council may accept or decline any application for the extension of service to property either outside or within the service area which can feasibly be served by the city.
C. The City Council is authorized to enter into any contract with any service entity, including, but not limited to, the following matters:
1. Assumption of the operation and maintenance of the system or facilities of a service entity;
2. Acquisition of a service entity's system or facilities, or personnel;
3. Transfer of all or part of the assets of the service entity to the city. (Ord. O-94-39 § 8, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.100 Bonded indebtedness.
The City Council shall have the power to issue municipal securities in a manner consistent with the provisions of Title 31, Article 35, Part 4 of the Colorado Revised Statutes. (Ord. O-94-39 § 9, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.110 Rules and regulations.
The City Council may adopt rules and regulations with respect to any matter within its jurisdiction as defined by ordinance. It may provide for enforcement of its rules and regulations by imposing special charges in an amount reasonably calculated to secure compliance or recompense for water or sewer loss, or to provide reimbursement for expenses arising out of violation. In addition to any other lawful remedy, enforcement procedures may include refusal to supply water to a property involved. (Ord. O-88-71 § 1 (part), 1989).

13.04.120 Water and sewer rates.
The water rates and sewer rates for customers of the City of Lakewood water system and sewer system shall be adopted by City Council resolution. The water rates currently in effect as set forth in Section13.04.120 of the Lakewood Municipal Code and the sewer rates currently in effect as set forth in OrdinanceO-90-57 shall remain in effect until the Lakewood City Council adopts new rates by resolution. (Ord. O-97-73 § 1, 1997)

(Ord. O-93-6 § 1, 1993; Ord. O-90-43 § 1, 1990).

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