622 TOWN OF TAGS
ORDINANCES
YEAR, � q73
NUMBER, (� t 2
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ORDINANCE NO. 1 y'
AN ORDINANCE CONCERNING THE MUNICIPAL JOINT WATER AND
^WER SYSTEM OF THE TOTIN OF TAOS; LEVYING NEW SEWER
RATES , FEES, TOLLS AND CHARGES; PROVIDING FOR THEIR
COLLECTION; PROVIDING FOR THE DISCONTINUANCE OF SER-
VICE FOR THE NONPAYMENT OF RATES AND CHARGES ; MAKING
OTHER PROVISIONS CONCERNING SUCH RATES , FEES , TOLLS
AND CHARGES AND SUCH SYSTEM; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; DECLArING AN EMERGENCY, AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS , the Town of Taos, New Mexico, presently owns
a municipal water system (sometimes referred to herein as the
"water facilities") and a municipal sanitary sewer system (some-
times referred to herein as the "sewer facilities") which it
operates and maintains as a single joint water and sewer system
(sometimes referred to herein as the "joint system") ; and
WHEREAS, the City presently has outsta; i.ng a bond
issue which is payable from the net revenues of joint system,
i .e. the Town of Taos Joint Water and Sewer Refunding Revenue
Bonds, Series July 1 , 1963 as authorized by Ordinance 528 ,
adopted and approved on the Ist day of July, 1963 ; and
WHEREAS the Town presently levies rates , tolls and
charges for the use of the joint system pursuant to ordinances
heretofore adopted by the Board of Trustees; and
WHEREAS , the Board of Trustees has held a number of
public hearings on a new schedule of sanitary sewer rates
and charges and on the , day of 1973 adopted the
schedule herein set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY
OF THE TOWN OF TAOS, NEW MEXICO:
Section 1 . RATIFICATION. All proceedings and actions
taken under law, or under color of law, preliminary to and in
the collection of rates, fees , tolls and charges heretofore and
hereby levied by the Town in connection with the use of the .
sewer facilities , and the receipt, control , investment and
expenditure of any and all moneys and funds per'_aining thereto,
are hereby validated , ratified, approved and confirmed , notwith-
standing any lack of power , authority or otherwise , other than
constitutional , of the Town, the Board, or of any officer of
the Town, and notwithstanding any defects and irregularities,
other than constitutional , in such proceedings and actions .
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Section 2. DECLARATION OF REASONABLENESS OF .SCHEDULE.
That ,' based upon a detailed study of the use of sewer facilities
(including , but not necessarily limited to the aforesaid
Engineer ' s Report) , the following schedule of rates , fees , tolls
and charges for the use .of, and the services rendered by the
sewer facilities as furnished by or through the joint system,
are hereby found and declared to be reasonable, equitable, fair
and just, taking into account and consideration all relevant
factors.
• Section 3 . BASIC SEWER RATE SCHEDULE. That the
schedule of rates, fees, tolls and charges for sanitary sewer
service for all users shall be as follows:
Monthly Rate
Per Unit For Monthly Rate
Facility Per Unit For
Type of Facility Inside the Facility Outside
and Units Town Limits the Town Limits
1. Residential '
(a) per each home
with single
bath $ 4 . 00 $ 6 . 00
(b) additional
charge per each
bath over one
in each home 1 .00 1 .50
2 . Mobile Home's
(a) per each home
with single
bath 4 . 00 6 . 00
(b) additional
charge per each
bath over one
in each home 1 . 00 1. 50
3 . Per Each Restaurant
with :
(a) average seating per
meal of under 20
persons 20. 00 30. 00
(b) average seating per
meal of 20 persons
or more but less'
than 40 persons 30 . 00 45 . 00
(c) average seating per
meal of more than
40 persons 50. 00 75 . 00
4 . Service Stations
(a) per each station
with car wash 20. 00 30 . 00
(b) per each station
without car wash 10. 00 15 . 00
5. Washracks - per stall 10 . 00 15 . 00
6 . Motels and Hotels
per each rental unit 4 .00 6 . 00
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Monthly Rate
Per Unit For Monthly Rate
Facility Per Unit For
Type of Facility Inside the Facility Outside
and Units Town Limits the Town Limits
7. Apartments and
Condominiums
(a) per each living
unit with single
bath $ 4 .50 $ 6 . 75
(b) additional
charge for each
bath over one in
each living unit 1 . 00 1. 50
8. Office Buildings -
charge per each suite 5 .00 7 . 50
9. Arcades - per each
toilet 4 .50 6 .75
10. Laundries - charge
per each washing
machine 5.00 7 . 50
' 11 . Schools - charge per
each toilet 4 . 50 6 . 75
12 . Hospitals - charge
per bed 2. 00 3 . 00
13. Drive-In and Take Out
Eating Establishments
selling ice cream or
prepared food or bev-
erages with prepared
food and other similar
establishments , where
more than 50% (based
on dollar sales) of
such items sold
are consumed outside
of the buildings where
sold - charge per
establishment 40 . 00 60 . 00
14 . Trailer Disposal -
per each station 50.00 75 . 00
15 . Overnight Trailer Park
per stall 4 .00 6 . 00
16 . Funeral Homes - per
home 50.00 75 . 00
17. Laundries in Hotels
and Motels - per ,
washing machine 5. 00 7 . 10
( 18. Commercial and
Governmental :
(a) drug stores with
lunch counter -
per store 30 .00 45 . 00
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i
M
Monthly Rate
Per Unit For Monthly Rate
Facility Per Unit For M
Type of Facility Inside the Facility Outside
and Units Town Limits the Town Limits
(b) All commercial
establishments and
government facili-
ties (not specifi-
cally covered by
this schedule) and
employing 9 or less
persons - per each
toilet $ 4 . 50 $ 6 . 75
(c) All commercial
establishments and '
government facili-
ties (not specifi-
cally covered by
this schedule) and
employing 10 per-
sons or more - per
each toilet 10 . 00 15 . 00
Section 4 . TAP AND CONNECTION FEES . That the owner
of any structure may enter into a service contract with the
Town for sewer -service to such structure upon paying the actual
sewer connection costs to the Town.
Section 5 . BILLING PROCEDURE - DISCONNECTION. That
all bills for felts, rates, tolls and charges for sewer service
or facilities furnished or served by or through the joint system
shall be rendered, on the first day of each and every month in
the month next' subceeding the month (or fraction thereof) in
5.
which the service was rendered and shall be due within thirty
days from the date when rendered ; and in the event said bills
are not paid within thirty days after the date when rendered ,
the fees, rates , tolls and charges due shall be forthwith
collected in a lawful manner , including , but not limited to ,
disconnection of the property , subject to any delinquency,
from the municipal water facilities . Water charges shall be
billed jointly with 'any -sewer charges; and each bill shall show
separately such water and sewer charges . '
Section 6 . DISCONNECTION AND RECONNECTION . That a
disconnection charge in the amount of $5 . 00 plus the actual cost
incurred by the Town shall be made against the property owner
by the Town for each such shutoff or discontinuance of water
service by the Town to enforce the payment of any such water
or sewer charge delinquency or for any other disconnection
from the joint system. Upon the payment in full of all delinquent
fees , rates , tolls and charges then due in connection with any
inhabited property, upon the payment of a reconnection fee of
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$5 .00 and upon the issuance by the Town Clerk of a reconnection
permit, such property may be reconnected to the joint system at
the expense of any owner thereof.
Section 7 . LIEN AND ENFORCEMENT . That pursuant to
Sections 14-22-6 and 14-35-1, to 14-35-5 , both inclusive , New
Mexico Statutes Annotated , 1953 Compilation, and all laws there-
unto enabling , all fees , rates, tolls and charges shall be
payable by the owner , personally, at the time said fees , rates ,
tolls and charges accrue and become due, and constitute a per-
petual lien on and against the tract or parcel of land served.
Pursuant to said Section 14-22-6 , any such lien shall be forthwith 1
foreclosed in the same manner as provided by Sections 14-35-1
to 14-35-5 , both inclusive , of said compilation , to enforce such
lien as to each tract or parcel of land which shall be delinquent
in the payment of charges imposed hereunder. The lien against
the real estate shall otherwise be foreclosed in the same
manner that mortgages or other liens are foreclosed in New
Mexico with like rights of redemption as may be provided by
such statutes as from time to time amended and supplemented .
Section 8 . REVISION OF SCHEDULES. That nothing in
this ordinance contained shall be so construed in such a manner
as to prevent the revision, modification , increase or decrease ,
by the Board, from time to time , of the fees , rates, tolls and
charges herein fixed , prescribed , established and levied , sub-
ject to any limitation in any covenant of the Town for the pro-
tection of any holder of an'y bond , security or other obligation
payable from any revenues of all or any part of the joint
system.
Section 9. DELEGATED AUT110RITY. That the City Manager
is authorized to establish any additional rules and regulations
relating to such sewer rates as he may determine to be proper or
necessary, and to generally interpret and administer this ordinance.
The officers of the Town be, and they hereby are , authorized and
directed to take all action necessary or appropriate to collect
the fees , rates, tolls and charges hereinabove prescribed and
otherwise to effectuate the provisions of this ordinance .
Section 10 . LIBERAL CONSTRUCTIr,N. That this ordinance ,
being necessary to secure the public health, safety, convenience
and welfare, shall be liberally construed to effect its purpose .
Section 11 . REPEALER . That all orders , by-laws ,
motions , resolutions and ordinances , or parts thereof , in con-
flict with this ordinance are hereby repealed (provided that
this ordinance shall not affect the schedule of rates , fees,
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tolls and charges for the water facilities) . This repealer shall
not be construed to revive any order, by-law, resolution, or
ordinance, or part thereof , heretofore repealed.
' Section 12 . SEVERABILITY. That if any section para-
graph, clause, individual rate or provision of this ordinance
shall for any reason, be held to be invalid or unenforceable,
the invalidity or unenforceability of such section, paragraph,
clause, individual rate or provision shall not affect any of
the remaining rates or provisions of this ordinance .
Section 13. EMERGENCY CLAUSE AND EFFECTIVE DATE.
That this ordinance is necessary for the preservation of the
public health, peace and safety of the inhabitants of the Town;
and that by- reason of the fact that substantial revenues are need-,
ed forthwith to properly operate, maintain and improve the joint
system, and to promptly pay the Town' s bonds and obligations pay-
able from the revenues of the joint ,system, this ordinance
is hereby declared to be an emergency measure on the ground of
urgent public need, and, therefore, immediately upon its adop-
tion by the Board and upon its final passage, this ordinance
shall be recorded in the book of ordinances of the Town kept
for that purpose , authenticated by the signatures of the Mayor ,
and Town Clerk, and shall be published one time in full in the
Taos News , a newspaper which maintains an office in, and is of
general circulation in the Town, and said ordinance shall be in
full force andoeffect at 12 :01 o 'clock a.m. on the 1st day of
June, 104j .. '
PASSED, ADOPTED, SIGNED AND APPROVED this day
of , 1973 .
,Mayor
(SEAL)
Attest :
r Town Clerk
f I , Phillip Cantu , Jr . , Mayor of the Town of Taos , New
Mexico, do hereby declare an emergency exists with respect to the
foregoing ordinance (i .e . Ordinance No. ) because the in-
crease in revenues resulting from the sewer rate schedule is
necessary to permit the financing of extensions , enlargements and
. improvements to the Town's joint water and sewer system and there-
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by necessary to alleviate an immediate danger to the public
health, safety and welfare of the Town; and because public
hearings on such schedule heretofore have been held and because
of such emergency, prior publication of such ordinance prior to
its adoption hereby is declared to be unnecessary.
WITNESS my hand this day of May, 1973.
. t
Mayor
j
1
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•
ORDINANCE NO.
AN ORDINANCE CONCERNING THE MUNICIPAL JOINT WATER
AND SEWER SYSTEM OF THE TOWN OF TAOS; AMENDING
ORDINANCE NO. 622 , ADOPTED AND APPROVED MAY 1 ,
1973 , WHICH RELATES TO SEWER RATES , FEES , TOLLS
AND CHARGES; RATIFYING PRIOR ACTION TAKEN CONCERN-
ING SUCH SYSTEM, REVENUE BONDS PAYABLE FROM THE
REVENUES OF SUCH SYSTEM AND SUCH SEWER RATES , FEES ,
TOLLS AND CHARGES; REPEALING ALL ORDINANCES IN CON-
FLICT HEREWITH; AND DECLARING AN EMERGENCY.
WHEREAS , the Town of Taos, New Mexico , presently owns
a municipal water system (sometimes referred to herein as the
"water facilities" ) and a municipal sanitary sewer system (some-
times referred to herein as the "sewer facilities") which it
operates and maintains as a single joint water and sewer system
(sometimes referred to herein as the "joint system") ; and
WHEREAS, the Town has levied rates , fees , tolls and
charges for the use of the joint system pursuant to Ordinance
No. 622 , adopted by the Board of Trustees on May 1 , 1973; and
WHEREAS , the Board desires to clarify an ambiguity
in the rate schedule set forth in such Ordinance No. 622 and to
ratify prior proper action taken in providing for delivery of the
Town of Taos Joint Water and Sewer Extension Revenue Bonds , Series
May 1 , 1973 (herein "Bonds" ) .
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY
OF THE TOWN OF TAOS , NEW MEXICO :
Section 1. RATIFICATION. All proceedings and actions
taken under law, or under color of law, preliminary to and in
the collection of rates , fees , tolls and charges heretofore and
hereby levied by the Town in connection with the use of the sewer
facilities , and the receipt , control , investment and expenditure
of any and all moneys and funds pertaining thereto , and in pro-
viding for payment to Robert E. Schweser Company of a financial
consultant fee of 1% of the principal amount of the Bonds from
the proceeds of the Bonds or any other available source , are here-
by validated , ratified , approved and confirmed, notwithstanding
any lack of power , authority or otherwise , other than constitutional ,
of the Town , the Board , or of any officer of the Town, and notwith-
standing any defects and irregularities , other than constitutional ,
in such proceedings and actions .
Section 2 . SEWER RATE SCHEDULE FOR RESTAURANT . That
paragraph 3 of Section 3 of Ordinance No. 622 hereby is amended so
that the rates, fees , tolls and charges for restaurants shall be
as follows , and consequently so that such paragraph 3 of such
Section 3 shall read as follows :
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Monthly Rate
Per Unit For Monthly Rate
Facility Per Unit For
Type of Facility Inside the Facility Outside
and Units Town Limits the Town Limits
113. Per Each Restaurant
with :
(a) average seating per
meal of under 20
persons $ 20 . 00 $ 30. 00
(b) average seating per
meal of 20 persons
or more but less
than 40 persons 30 .00 45 . 00
(c) average seating per
meal of 40 persons
or more. 50 . 00 75. 00 "
Section 3 . LIBERAL CONSTRUCTION . That this ordinance ,
being necessary to secure the public health, safety, convenience
and welfare , shall be .liberally construed to effect its purpose .
Section 4 . REPEALER. That all orders , by-laws ,
motions , resolutions and ordinances , or parts thereof , in con-
flict with this ordinance are hereby repealed. This repealer
shall not be construed to rev ',re any order , by-law, resolution,
or ordinance , or part thereof heretofore repealed. This re-
pealer sha.11 not affect the rates , fees , tolls and charges for
sewer for all other types of facilities as set forth in para-
graphs 1 , 2 and 4 through 18 of Section 3 of Ordinance No . 622 ,
or any other Section of such Ordinance No. 622 .
Section 5 . SEVERABILITY. That if any section , para-
graph, clause, individual rate or provision of this ordinance
shall for any reason, be held to be invalid or unenforceable ,
the invalidity or unenforceability of such section, paragraph,
clause, individual rate or provision shall not affect any of
the remaining rates or provisions of this ordinance.
Section 6 . EMERGENCY CLAUSE AND EFFECTIVE DATE.
That this ordinance is necessary for the rreservation of the
public health, peace and safety of the inhabitants of the Town;
and that by reason of the fact that substantial revenues are
needed forthwith to properly operate , maintain and improve the
joint system, and to promptly pay the Town ' s bonds and obliga-
tions paya'. .e from the revenues of the joint system, this
ordinance is h..reby declared to be an emergency measure on the
ground of urgent public need , and , therefore , immediately upon
its adoption by the Board and upon its final passage , this
ordinance shall be recorded in the book of ordinances of the
Town kept for that purpose , authenticated by the signatures
of the Mayor and Town Clerk, and shall be published one time
in full in the Taos News , a newspaper which maintains an
office in, and is of general circulation in the Town.
PASSED , ADOPTED , SIGNED AND APPROVED this
day of 1973 .
Mayor
(SEAL)
Attest:
Town Clerk
I , Phillip Cantu , Jr. , Mayor of the Town of Taos ,
New Mexico , do hereby declare an emergency exists with respect
to the foregoing ordinance (i.e. Ordinance No. ) because
the increase in revenues resulting from the sewer rate
schedule is necessary to permit the financing of extensions ,
enlargements and improvements to the Town ' s joint water and
sewer system and thereby necessary to alleviate an immediate
danger to the public health, safety and welfare of the Town;
and because public hearings on such schedule heretofore have
been held and because of such emergency, prior publication of
such ordinance prior to its adoption hereby is declared to
be unnecessary.
WITNESS my hand this day of 1973 .
Mayor
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M A T O T A N & ASSOCIATES o E N G I N E E R S
.r'ttreet, N.E. Albuquerque, New Mexico 87108 Phone (505) 265.8467 I
December 21 , 1981
r
Mr. Dave Gallegos
Environmental Improvement Division
P .O. Box 968
Santa Fe, N .M. 87501
Subject : City of Deming , C-35-1003-03 - Sewer User
Charge
Dear Mr. Gallegos :
We appreciate your comments on sewer user charge system for
the City of Deming , transmitted to us in your letter dated
December 8 , 1981 . Based on your comments , we have completely
revised the proposed sewer user charge system.
Transmitted herewith are two (2) copies of the modified proposed
sewer user system for your review and approval .
If you have any further questions or comments on the above ,
please do not hesitate to contact us .
Very truly yours ,
WILLIAM MATOTAN & ASSOCIATES , INC .
Ajay Gupta, P .E.
Chief Sanitary Engineer
AG :Mw
Enclosures (2)
cc : Mr. Ed Hooten, City of Deming
Mr. Stuart F. Gray , EPA, Dallas
Mr. . Jack Miller , U. S . Corps of Engineers
Mr. Dave Marble, EID , Las Cruces
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P. j
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CITY OF DEMING , NEW MEXICO
ONLY
ORDINANCE NO .
GtC 2
AN ORDINANCE ESTABLISHING USER FEE RATES FOR THE USE OF SANITARY
SEWER FACILITIES
VMEREAS , Ordinance No. establishes a formula for
the computing of sanitary sewer use—fees ;
WHEREAS , as Ordinance No . provides that values
to be used in conjunction with the formula shall be established
by City Council ;
NOW , THEREFORE , BE IT ORDAINED by the Governing Body
of the City of Deming , New Mexico , that the following values are
to be applied for computation of sanitary sewer user fees for
residential , commercial , semi-commercial and multifamily user .
ARTICLE I
FORMULA
Section I Formula for computation of fees :
UC = A + (K) (V)
UC = monthly user charge fee in dollars/month/hook up
A - fixed charge , by user class , made for being
connected to the sewer system in dollars per
month per hook up . Based upon fixed costs .
K = basic charge made per 1 , 000 gallons of waste-
water discharged in dollars per month per
hook up .
V = volume of waste discharged in thousands of
gallons per month based on an average winter
monthly water consumption for November ,
December , and January with the following
exceptions and conditions :
1) Residences , apartments , motels , hotels ,
boarding houses will be based upon a rate
of minimum 4 , 000 gallons per month per
living unit .
2) Any commercial user whose average consump-
tion falls below 6 , 000 gallons per month
will pay the fee based upon minimum 6 , 000
gallons per month.
3) Water consumption to be actual if data
available to City 30 days prior to billing.
If water consumption data not available ,
billing is to be based upon estimates
of City Manager.
a) User may request a review by City
of water consumption rates once every
12 months ,
b) City Manager may review water consump-
tion rates at any time and make needed
adjustments based on most recent data
available .
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f
CURRENT RATES
Section II A) Based upon Attachment A. Computed 12-18-81 .
1) Fixed rate $1 . 75 per hook up .
2) Variable rate $0 . 25 per 1 , 000 gallons of
wastewater discharged.
B) Rate Review.
Not less frequently than once every twelve (12)
months . The established sewer service rates
provided for hereby shall be reviewed and
amended if necessary to meet the determined
need to recover sufficient revenues to provide
for operation , maintenance and replacement
costs .
PAYMENT
Section III Sanitary sewer charges levied pursuant to this
ordinance shall be payable upon billing by the
City.
LIEN-NON-PAYMENT
If sanitary sewer charges owed are not paid to
the City within six (6) months after the initial
billing date a lien against the property shall be
filed according to New Mexico State Statutes .
PASSED, ADOPTED AND APPROVED THIS DAY OF
198
LLOYD PRATZ , MAYOR
ATTEST :
4
E. J . HOOTEN , CITY MANAGER
f
4
t
i
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ATTACHMENT A (�II1`.
CITY OF DEMING , NEW MEXICO
WASTEI,.ATER TREATMENT PLANT AND SEWERAGE SYSTEM IMPROVEMENTS
ORDINANCE NO .
Sewer User Charge
1 . III?TRODUCTION
The sewer user charge shall be computed based upon the equation
as follows :
UC = A + K.V.
Where
UC = Monthly user charge fee in $/mo .
A = Fixed charge , by user class , made for being
connected to the sewer system in dollars per
month whether or not any wastewater is dis-
charged to the system.
K. V. = Variable charge in $/mo .
K = Basic charge made per 1000 gallons of wastewater
discharged in $/mo/hook up .
V = Volume of wastewater discharged in thousands of
gallons per month based on average winter water
consumption during November , December and Jan-
uary. If actual water measurements are not
available , this value will be established by
the city on the basis of expected water use for
the water using facilities and/or services offered
at the building being served.
Population and Number of Hook Ups : Based upon 1980 census of
population and housing the average occupancy per housing unit is
2 . 54 . Since the projected population of 1983 is 10 , 900 , the
projected number of hook ups in 1983 will be 4 , 300 approximately .
The number of rook ups estimates can be similarly made for any
other year .
The following example establishes the method of determining
the fixed and variable charge .
A. FIXED CHARGES
The fixed charges shall include capital cost recovery,
major equipment replacement cost , and administrative cost. A
method of determining these various costs is given below:
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1 . Capital Cost Recovery
The capital cost recovery shall be computed based upon
the equation as follows :
C = P x Crf x N x 12
Where
C = Capital cost recovery in $/mo/hook up
P = City share of Capital Cost = $303 , 452
Crf = Capital Recovery Factor = 0 . 09996
= i( 1+i)n i = 7 . 75% , n = 20 years
(1+i)n-1
N = Number of hook ups = 4 , 300
C = $303 , 452 x 0 . 9996 x �b x
C = $0 . 59/mo/hook up
2 . Major Equipment Replacement Cost
Major equipment considered for replacement are listed
below along with their present cost
Influent or raw wastewater pumps $ 17 , 200
Bar Screen $ 88 , 300
Aerators $ 258 , 000
Sluice gates :
polishing ponds $ 17 , 000
storage ponds $ 8 , 000
Effluent submersible pumps $ 38 , 800
Subtotal $ 427 , 300
Aed 107 contingencies $ 42 , 700
TOTAL Equipment Cost $ 470 , 000
Assume 15 years life for the equipment as per cost-
effective analysis guidelines in Appendix A of Federal Register
Vol . 43 , No . 188 - September 27 , 1978 :
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RC = EC x N x x
Where
RC = Equipment replacement cost in $/mo/hook up
EC = Equipment cost
N = Dumber of hook ups
Therefore
RC = 470 , 000 x TM x y5 x TZ
RC = $0 . 61 /mo/hook up
3. Administrative Cost
Assume yearly administrative cost = $16 ,000
AC = YC x N x
Where
AC = Administrative cost in $/mo/hook up
YC = Yearly administrative cost
N = Number of hook ups
Therefore
AC = 16 , 000 x TM x �
AC = $0 . 31/mo/hook up .
4 . Total Fixed Charge
The fixed charge 'A' towards user charge in $/mo/hook up
will include the capital recovery cost , major equipment replacement
and administrative coast as described above .
Fixed Charge 'A' _ $0 . 59 + $0 . 61 + $0 . 31
A = $1 . 51/mo/hook up
Recom-nend $1 . 75/mo/hook up as the estimated fixed
charge for 1983 to allow for first year ' s inflation , delinquencies ,
uncollectibles , etc .
B . VARIABLE CHARGE
Basic charge made per 1000 gallons of wastewater discharged
will be determined by the following equation:
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Where
K = OM x g x p x 3— x 1000
OM = Yearly 0 & M cost = $10 , 400 (estimated for
year 1983)
q - Wastewater produced in gallons/capita/day
85 gpcd
p = Population
Therefore
K - 80 , 400 x x TF,70 x � x 1000
_ $0 . 24/1000 gallons wastewater discharged
Recommend $0. 25 per month per 1000 gallons wastewater discharged.
Therefore , user charge during 1983 may be computed using the
following equation:
UC = 1 . 75 x 0 . 25V during 1983 .
Based upon the above equation the prorated sewer user charge rate
table will be as follows :
Water Used User Charge
in gallons/month in $/month
4 , 000 2 . 75
5 , 000 3 . 00
6 , 000 3 . 25
7 , 000 3. 50
8 , 000 3. 75
9 , 000 4 . 00
10 , 000 4 . 25
11 , 000 4 . 50
12 , 000 4 . 75
13 , 000 5 . 00
14 , 000 5 . 25
For an average housing unit discharging 6 , 400 gallons of waste-
water per month during winter months , the average bill will be :
UC = $ ( 1 . 75 + 0 . 35 x 6 . 4) /month
_ $3 . 35/month
or say $3 . 50 per month
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FILMED DOCUMENTS
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ORDINANCE NO. gl_g
AN ORDINANCE REGULATING SEWER CONNECTIONS WITHIN THE TOWN OF TAOS
WHEREAS, the Town of Taos finds it desirable to have a y
method of assuring itself that all sewer connections are done in
i
an efficient, expeditious and acceptable manner, and
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF
THE TOWN OF TAOS , NEW MEXICO:
That a new section is hereby added to Chapter 20 , Article �
r
3, of the Code of Ordinances for the Town of Taos as follows :
Section 20-33 . Qualifications for persons , businesses
and contractors desiring to do sewer tap connections .
(a) A person, business or contractor desiring to do a
connection to the main waste water collection line in the Town of s
i'
Taos or in areas serviced by the Town of Taos sewer lines , must
i
show evidence of ownership or access to the following equipment:
A. Soil compactor, whether roller or plate space,
capable of compacting soils to 95% density
using the modified proctor scale.
B. Dump truck for carrying fill material where
high water content prohibits replacement of
excavated material in order to achieve a com-
paction of 95% density using the modified i
proctor scale.
C. Air or Power driven jack hammer for cutting I
pavement in neat and straight lines .
D. Pavement recycler or asphalt plant capable of
producing asphalt of the same type and quality
as the existing asphalt.
E. Pump capable of clearing water in high water
table areas where the work must be performed
in water.
F. Backhoe for trenching, and pipe material to
repair any breakage.
(b) All persons , businesses and contractors who desire +
to do a sewer connection to the main waste water collection line,
must first apply for a pe-mit from the Town ' s Public Works Office
to demonstrate their qualifications as specified in sub-section (a) .
(c) In the event a person, business or contractor does
not meet the qualifications of sub-section (a) , the Town of Taos ,
t
G
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at its option, may do the sewer connection to the main waste water
collection line. Each sewer tap shall extend twenty (20) feet or
to the property line, whichever is less .
(d) If the Town exercises its option to do a sewer
connection, a reasonable fee shall be charged to the homeowner,
person or business . The charges and fees for a sewer connection
shall be determined and established by the Town Council from time
to time, and on file in the Office of the Town Clerk.
(e) Nothing in this section shall exempt a contractor
or individual who qualifies under the qualifications requirements
of sub-section (a) , from complying with Chapter 18 , Article II
(Excavation) of the Code of Ordinance for the Town of Taos .
(f) Whosoever does not comply with this section is
guilty of a petty misdemeanor, which shall carry a minimum fine
of One Hundred Dollars ($100. 00) , and a maximum fine of Three
Hundred Dollars ($300 . 00) .
PASSED, APPROVED AND ADOPTED this 16th day of
September- , 1981 .
TOWN OF TAOS , NEW MEXICO
MAYOR
ATTEST:
0 CLERK.x
-2-
FILMED DOCUMENTS
ARE THE BEST AVAILABLE(COPIES,
RESOLUTION NO. 81-19
I
WHEREAS, the Town of Taos, New Mexico, has passed and adopted
Ordinance No. 81-9, and
WHEREAS, Ordinance No. 81-9 does contemplate sewer connections
schedule to be established by resolution , and
E
WHEREAS, it is the desire of the Town to establish such a schedule,
and i
WHEREAS, no new municipal sewer service connection shall be approved
i
by the Town until and individual or legal entity meets the minimum
r
equipment and material requirements specified in Ordinance No. 81-9, f
or pays a fee based on the following schedule, and
i
WHEREAS, there may be situations wherein the individual or legal
entity possesses the necessary means, and meets the necessary minimum
requirements established by Ordinance No. 81-9; in which event, that !(
i
individual or legal entity may accomplish said sewer connection on his ;I
own, provided it meets with the final inspection and approval of the I
Town Sewer Superintendent.
r
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TAOS, NEW MEXICO, that the following fees be charjed for new sewer i
i
service connections:
Basic Tapping Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$250.00 per connection
Asphalt Replacement Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 per sq. foot
Multiple Unit Fee. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50.00 per unit
(Apts. , Condos , Housing etc. )
PASSED AND APPROVED this Day of 1981 .
f
APPROVE
AIAYOR
AT ST:
IVN C � 'RK
U
i
i
i
ORDINANCE NO. gl_q
AN ORDINANCE REGULATING SEWER CONNECTIONS WITHIN THE TOWN OF TAOS i
WHEREAS, the Town of Taos finds it desirable to have a
method of assuring itself that all sewer connections are done in
an efficient, expeditious and acceptable manner, and f
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF
THE TOWN OF TAUS , NEW MEXICO:
That a new section is hereby added to Chapter 20, Article
3, of the Code of Ordinances for the Town of Taos as follows :
Section 20-33. Qualifications for persons, businesses
and contractors desiring to do sewer tap connections. !
(a) A person, business or contractor desiring to do a
i
connection to the main waste water collection line in the Town of
Taos or in areas serviced by the Town of Taos sewer lines, must
show evidence of ownership or access to the following equipment:
A. Soil compactor, whether roller or plate space,
capable of compacting soils to 95% density
using the modified proctor scale.
B. Dump truck for carrying fill material where
high water content prohibits replacement of
excavated material in order to achieve a com-
paction of 95% density using the modified ;
proctor scale.
C. Air or power driven jack hammer for cutting
pavement in neat and straight lines .
D. Pavement recycler or asphalt plant capable of
producing asphalt of the same type and quality
as the existing asphalt. t
L
E. Pump capable of clearing water in high water
table areas where the work must be performed
in water .
F. Backhoe for trenching, and pipe material to
repair any breakage.
(b) All persons , businesses and contractors who desire
to do a sewer connection to the main waste water collection line,
i
must first apply for a permit from the Town ' s Public Works Office j
to demonstrate their qualifications as specified in sub-section (a) .
(c) In the event a person, business or contractor does
not meet the qualifications of sub-section (a) , the Town of Taos,
FILMED DOCUMENTS
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at its option, may do the sewer connection to the main waste water
collection line. Each sewer tap shall extend twenty (20) feet or
to the property line, whichever is less.
(d) If the Town exercises its option to do a sewer
connection, a reasonable fee shall be charged to the homeowner,
person or business . The charges and fees for a sewer connection
shall be determined and established by the Town Council from time
to time, and on file in the Office of the Town Clerk.
(e) Nothing in this section shall exempt a contractor
or individual who qualifies under the qualifications requirements
of sub-section (a) , from complying with Chapter 18 , Article II
(Excavation) of the Code of Ordinance for the Town of Taos .
(f) Whosoever does not comply with this section is
guilty of a petty misdemeanor, which shall carry a minimum fine
of One Hundred Dollars ($100. 00) , and a maximum fine of Three
Hundred Dollars ($300 . 00) .
PASSED, APPROVED AND ADOPTED this ] 6th day of
Septembet• , 1981 .
TOWN OF TAOS, NEW MEXICO
MAYOR ��VV
ATTEST:
0
-2-
i
RESOLUTION NO. 81-19 1
i
WHEREAS, the Town of Taos, New Mexico, has aased and adopted
p p
Ordinance No. 81-9, and
WHEREAS, Ordinance No. 81-9 does contemplate sewer connections !
schedule to be established by resolution, and
WHEREAS, it is the desire of the Town to establish such a schedule,
and
WHEREAS, no new municipal sewer service connection shall be approved
by the Town until and individual or legal entity meets the minimum
i
equipment and material requirements specified in Ordinance No. 81-9,
or pays a fee based on the following schedule, and
WHEREAS, there may be situations wherein the individual or legal i
i
entity possesses the necessary means, and meets the necessary minimum f
i
requirements established by Ordinance No. 81-9; in which event, that
I
individual or legal entity may accomplish said sewer connection on his I
own, provided it meets with the final inspection and approval of the i
Town Sewer Superintendent.
r
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TAOS, NEW MEXICO, that the following fees be charjed for new sewer
service connections:
Basic Tapping Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$250.00 per connection
Asphalt Replacement Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 per sq. foot
Multiple Unit Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50.00 per unit
(Apts. , Condos , Housing
PASSED AND APPROVED this Day of , 1981 .
APPROVE
AT ST :
1V N C l=Rh
i
t
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CTTY OF DE.11ING , NFI% ?1l"X1C0
t
ORD I i:ANCE, No .
i
AN ORDINANCE REGULATING THE 11SE OF
PR1'1ATE SEWERS AND DRAIi`,'S , PRIVATE SF'.•::1t:!: !
T!111 IN;TALLATION AND CONNECTION OF lii.'I!.!)? ';�
AND '1'111 DISCRARC:E OF WATERS A,.D WASTES '!'11t
Pi1P;1,IC SEWER SYSTEM( : PROMIIT,GATTNG AN ADFQI':1•I'i: !'.'• ;:
Sr,}1}:D1J1.1: FOR TNDUSTRIAI. SEWER SERVICE : R I < '
ORDINAI`10E CUMULATIVE WITH PRIOR 0RD1NA,-,(:l:S I ::
FI.ICT Oft [NCONSTSTI-'N'r
SEVERABILITY : PROVIDING PENA?,TIES .
WHEREAS , these regulations are conducive - to thr 1)1•0n10t i 0l" 1
the health and general welfare of the City .
NOW , THEREFORE , BE IT ORDAINED BY 'fH1: GOVEh\ I N(; lirlDY t1 F
CITY OF DEtIING , NEW rIEXICO , THAT :
z
1
Article I
Title
Section 1 Vii -, ordinance shall be knot,nl as thr Sowcr i'r l
Orlli.nnnce of the City of Deming , New �'C\i ."
Article II
Definitions
Unless the context specifically indicates rthc is , L
meaning of turms: lined in thi • ordinaocc, -hall ht•
Section 1 . "BOD" (denoting l3i0chL!mic;11 Osygcn
me.;ln t:hc quantity of oxypen llt
chemical oxidation of organic m;w ter :t•,' r !
I.-iboratory procedure in five ( 5) d,tvs 1 ,- 20'•1: ,
pressed in milligrams per titer .
Section 2 . "Building Drain" shall mean that prtrt. f t1
horizontal piping of a draintip—, cyst oc: whic! : c i
the discharge from soil , waste , and othOl-
pipes inside the walls of the building :in,i c :: cv.,-
to the building sewer, beginning five ( 5 ' )
side the inner face of the building wall .
Section 3 . "Building Sewer" shall mean the extension f i-o!- [ -k
building drain to the public sewer or oC1101' ,11 :1, C
disposal .
Section 4 . "COD" (denoting Chemical Oxygen Demnn(!)
quantity of oxYgen utilized in the cllrmic;tl
of organic and inorganic matter under st,lnd:t : ,i
tory procedure by the dichromate mL•: ',•,,: -
ed in milligrams per liter.
Section 5. "Combined Sewer" shall mean a sewer roccivir,,, !)ooh
surface runoff and sewage .
Section 6. "Garbage" shall mean solid 'wastes from the dom,-,s t i c
and commercial preparation , cooking , ctttd dis1W11.-4i:1:•
of food , and from the handling , storage , and s:l 1 i-
produce .
Dow
Norm- 1 -
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Section 7 "Industrial Liquid Wastes" shall mean all ,•rt�� rho :•��
solids , liquids or gaseous wastes restilting r-onl an..
industrial manufacturing or food processing r;�� :•:1 -
tion or process , or from the development dot• XV.
resource or any mixture of these with t,%ttcr or
sewage as distinct from normal domest is sot:,r,;� } t -
dustrial manufacturing processes shall
not limited to : ordinance and accessories ; foot!
allied products ; tobacco manufacturers ; textile•
products ; apparel and other finished pro(ltict s r^.iklo
from fabrics and similar materials ; lumhd_r and
products , except furniture ; furniture and
printing , publishing , and allied indrisrries ;
and allied products ; petroleum refining and rel:itk !
industries ; rubber and miscellaneous plas*,i.cs ducts ; leather and leather products ; stone , d.• :,i% .
and concrete products ; primary metal indnst:ries ;
fabricated metal products ; except ordinar,c.r ,
and transportation equipment ; profession it . 5L ier:• i
c()ntroll.ing inst-urnents ; photographic ;Md d1rtiC,'1 !
.-jatches and cl.ocl:s ; miscell.,ineous manufac , uri:::_
industries .
Section 8 . "Natural Outlet" shall mean any outlCt in;n
course , pond, ditch , lake , or other body of sur:',:cL
or groundwater.
Section 9 . "Normal Domestic Wastewater" shall mean
wastes normally discharging from the s;►ni.tnry c, ,:i-
venience of buildings (including apai: anent. hell:;e�z
and hotels) , office buildings , factories , and inst : -
tutions , free from storm surface water and indi:st
wastes . Normal domestic wastewater shrill mean -norr•i
for the City of Deming, New Mexico .
.Section 10 . "Person" shall mean any individual , firm, cor p.,ny ,
association , society, corporation , or group .
Section 11 . "pll" shall mean the logarithm to the base ten o
reciprocal of the weight of hydrogen ions in
per liter of solution.
Section 12 . "Properly Shredded Garbage" shall mean the
from the preparation, cooking , and dispunsing of
food that have been shredded to such a degree
all particles will be carried freely under tl.e f 1,••.:
conditions normally prevailing in public sewers .
with no particle greater than one-half ( 1 '�' �
in any dimension .
Section 13 . "Public Sewer" shall mean a sewer in which all
owners of abutting properties shall hn\'O e(111.11
rights , and is controlled by public authe:'it
Section 14 . "Sanitary Sewer" shall mean the public �d�.•�er
tion of a wastewater facility which t
wastewater and to which storm, surface ,ind c,rds::nd
water are not intentionally admitti-O. .
Section 15 . "Sewer" shall mean a pipe or conduit ror ca-r-. inl;
sewage .
Section 16. "Shall" is mandatory ; "May" is permissivo .
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`.ir'c't Lon 1 / . ply, sh:lll m,,,IT1 ally ljl ,tl'il;lt 1`,l` i�� W. i
1ndlIStrL,ll w;lstc which in conct'nf
i;r •Jl'n (:rlrlstUi,,L`nt or In r111:i11t l.tv t1; ! •",� ', t'
I or any period of duration longer t'..,: : , • . ;
mir.lrtos morn• thorn fi�,c ( 5) time:. :_ho
Lwt.nty- four. ( 24 ) hour concc'ntrnLirn : 1
normal operatiOTI .
Section 13 . "Standard Methods" shall. mean the -
c:edures set forth in the latest: edition , ,rt ; `'•
of Analysis , of "Standard Methods for the
of Water and Wastewater , " as prepared , approve,'. .
published jointly by the "American P.;hl is 11o:rl ' '.,
Association" and the "American Water Works Asn .'.• i. r -
tion" and the "Water Pollution Control Fedcr,tt ionr .
Section 19 . "Storm Sewer" shall mean a sewer which c,1rl- jes
and surface waters and drainage , but c`xcludL':i
water and polluted industrial wastes .
Section 20 . "Superintendent" shall mean the Director of llublit-
Works of the City of Deming or his atithori ;•c,1
deputy , agent , or representative .
Section 21 . "Suspended Solids" shall mean solids that c i ther
on the surface of , or are in suspension in waccr ,
or other liquids , and which are removable by liihoc•:i
filtering.
Section 22. "City" shall mean the City of Deming , Now Mexico .
Section 23 . "Trap" is a device for retaining sand , silt ,
mineral material , petroleum solvent , grc'lso or
by gravity-differential separation fr0n)
and of a design and capacity approved by
Deming , New Mexico .
Section 24 . "Unpolluted Process Water" shall mean ,rnv
waste containing none of the following : Frco
emulsified grease or oil ; acid or al k:r l i ,
or other substances imparting tasto rind odor t
receiving water ; toxic substances in suspens1 .,;: .
cr)ll ()id,tl state or soluti-m ; ind noxio'.1s or•
g; I.,;es .
Section 2. 5 . "':lastewater" shall mean the fused water of :1
community . Such used water may be a combin:rt icy^
of the liquid and waterborne wastes t: ro;n rc i ,i. ;'.•�,
commercial buildings , industrial plants ,lnci i11 tiC_r -
tions .
Section 26. "Wastewater Facilities" shall mean the structures ,
equipment , and processes required t -, collect , t:-an- -
port and treat domestic industrial wastes arld diS -
pose of the effluent .
Section 27 . "Wastewater Treatment Facilities" shall ,Bonn :in
arrangement of devices and structures for ti-cating
wastewater , industrial wastes and sludge . Some-
times used as synonymous with waste treatment plant
or wastewater treatment plant .
Section 28 . "Watercourse" shall mean a channel in which .1 flr�::
water occurs , either continuously or intermittently .
1
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i
Section 29 . "Hcalth Officer" shall mean any person or his. autiW'.
ed representative so appointed by tho (rite o
or any New Mexico Environmental Improvomen,' A*VL'n�•'.•
Representative charged with approval ��: itts:�c�t i .'t:
pul,li.c or private wastewater facil i t i c--: . n
Article: III
Use of Public Sewers Regttirc,3
Section 1 . It shall be unlawful to discharge to ;in•,
outlet within the City or in any area undOr t' t'
jurisdiction of said City , any sewage or othor
pol. lut-.ed waters , except where suitablo treatm..:tt
h,is been provided in accordance with s,1:',scquc:nv
pr,)vi :;i(-ns of this ordin.-ince .
Section 2 . Except. as herein:,f ter. provided, it s I i a 11 110 un 1 T.-.1*'
rc� c )nstruct or maintain any privy , pt• ivv
sepLic tank , cesspool , or ether faciiit'l- it1[-L-T1dL%i
used for the disposal of sewage .
Section The nwrter of all houses , buildings or i r� rcr; i
for human occupancy , employment , r0CrQat i 0II . o!,
purpo:>en , situated within the City and :hut I. i:ti•, oi,
any street , alley , or right-of-way in which thV
now located or may in the future be located :t
sanitary sewer of the City , is hereby reyuirek1 .i,
his expense to install suitable toilet f:1ci lit ics
therein , and to connect such facilities direct :%•
the proper public sewer in accordance with the P1*0-
visions of this ordinance , within 90 days after c.-itc
of official notice to do so , provided that Slid Pe:':)'
sewer is within 100 feet of the property line .
Section 4 . Rc;idential , commercial and industrial propert: i cs
situated outside the City limits may be conrectl'd
via building sewers to available sewers or
sewers upon application and agreement to ;thido by
Articles V and VI of this Sewer Use Ordin.'MC ' .
Article IV
Private Sewage Disposal
Section 1 . ?•lhere a public sanitary sewor is not
the provisions of Article II . Section 3 , the biti 1,'.i:•.:
sewer shall be connected to a private sown'ge
system complying with the provisions of this :t:•ticlL' .
Section 2 . Before commeccement of construction of .I privar.e su,.•:-
age disposal system, the owner shall first obr.tin
s written permit signed by the Superintendent . 1•1,,•
application for such permit shall be made on :i
furnished by the City , which the applicant shall
supplement by any plans , specifications , and
information as are deemed necessary by the -
dent . A permit and inspection fee shall be paid
City at the time the application is file's? .
Section 3 . A permit for a private sewage disposal sy,;-Ic ".: shall :
not become effective until the installat ioll 1S COr.-
pleted to the satisfaction of the SupL'ri ntt-'nd,•t1t .
}?e shall be alloweel to inspect the wort; aL :tr..: sta110
construction and , in any event , the ;ippl ic:trt for t itt
hermit shall notify the Superintendent when thy'
-4-
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i ready f.or final inspection , and hefore anv un 0l.
y,rmind portion.,; are enve;'(•cl. The ill: •"L'CI ion ::'.,:i ; 1
made within 72 hours .)I the rc`ceipr 0 nOt icy•
Superintendent .
Section 4 . The type , capacities , location , an,',
tiewa}',e disposal system shall comply w:,: !I c i
Lions of the Environmental T.mnrovoM* L1l;
SLnLu of New I•I,'xico . No septic t;lnk or
��`S�i'•`
he permitted to discharge to any natto-ol ; ; it ' .
Section 5 . At such time as a public sewer becom ti ;iv ii !
a property served by a private Sewage d' spt,s,11, '
as provided in Article IV, Section 4 , a direct
connection shall be made to the public sewer in
pliance with this ordinance , and any ';L`ptic
cesspools , and similar private sewage disposal
facilities shall be abandoned and fille1.1 With clL'.111
bank-run gravel or dirt.
Section 6 . The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner it
all times at no expense to the City .
Section 7 . No statement contained in this article shall be con-
strued to interfere with any additional requircmcn:,=
that may be imposed by the appropriate Health 0,17ficcr .
Article V
Building Sewers and Connections
Section 1 . No unauthorized person shall uncover , riakL' :1 ., c'
tions with or opening into , use , alter , or disturb
any public sewer or appurtenance thereof wit-hout fir!. -
obtaining a written permit from the S�:prrint endcnt .
Section 2 . There shall be two ( 2) classes of building so,.,;or ,
permits : (a) for residential and commercial :,L'1.Vi :1 �
and (b) for service to establishments producin}; in -
dustrial wastes . In either case, the owner or his
agent shall make application on a special form -
ed by the City . The permit application shall .)o
supplemented by any plans , specifications , or othor
information considered pertinent in the judg,:iont of i
the Superintendent . A permit and inspection fec f ,
a residential or commercial building sewer permit �
shall be paid to the City at; the time the apnlic:: - �
tion is filed. i
Section 3 . A: l costs and expense incident to the i:1sL;c11.+ .
"Ind connec';ion of the building sewer sh.il l
the Owner . The owner shall indemnify the Ci c •.•
from any 'loss or damage that may direct 1 v car i nl'i c
be occasioned by the installation of he bui LdLng
Section 4 . A separate and independent building seWrr sl%! 11 be
provided for every building ; except there oro
stands at the rear of another or an int. 01-io;- ! 0t W,;
no Private sewer is availabLe or can he cons ; :•uCtL"'.
to the rear building through an adjoining, al i e.: ,
yard , or driveway , the building sewer f i oni ill,.- f rotit
building may be extended to the rear btiilding ;Inc? thy•
whole considered as one building sewer .
Section 5 . Ole: building sewers may be used in connection With nt.'
buildings only when they are found , on examination aid
test by the Superintendent to meet all regi1ircmen;
this ordinance .
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i
Suction 6 . '1110 SiZe , SlOpc.' , alii;nmcnL , m;iterials of Ct"Tlr:'. :•t:C,'
of n hltilcli.n sewer , incl rho i""Ctllods to },�� t::•t t! ! ;l
exe:lvaring , placing of the chin: i11 V. . t . . i :l•. .
rcnc! b�-TCkfilli-n}; the
trench , �dialL ,T11
requirements of the building and nlumbi :lt: code cr
.app 1 icable rules and rcgul 1L inn:: of Hit, C i : Y :at!
State of New Mexico .
Section 7 . Whenever possible , the building sewer
brought to the building at an elevation hcl(,•::
basement floor . In all buildings in which
building drain is too low to permit gi%i •i t %,
to the public sewer. , sanitary sewage carried ',,:
building drain shall be lifted by an
and discharged to the building sewer .
Section 8 . No person shall hake connection of roc'
exterior foundation drains , areaway dreti.ns , o:• oLht_•:-
sources of surface runoff or groundwater to a l)uilt'. -
ing sewer or building drain which in turd is t•t�nn� ;
directly or indirectly to a public sanitary sewer .
Section 9 . The connection of the building, sewer into tho
sewer shall conform to the requirements of thL' htli It'.
ing and plumbing code or ether applicable ruics .titl, i
regttlati.ons of the City or the Procedures sct
in appropriate specifications of the A . S .T . `: . and
W . P .C . F . Manual of Practice No. 9 . All such -
tions shall be made gastight and watrrtigll: . :` -1
deviation from the prescribed procedures ;ant!
must be approved by the Sunerintende-)- he ;ort•
Lion.
Section 10 . The applicant for the building sewer
nc"L i 'y the Superintendent when the bu i ! (1 in-,,,
rr.;tdy for inspection and connection t : `..0 ht:;t 1 i
sewer . The connection shill he mr►de ;1nt'.t t t l:,
„isi )n of the Superintendent or his :•t•prt,;:t•t;t .. . . . t .
Section 11 . All excavations for huildi.nf; sewer
he adequately gunrdod with h;lrriCadW 1111.1 ? i :•!: :
to protect the ;public from !t;i;:clzc? . St .t•L•L . -
�.�nl parkways , and other pul-d i.c nro;'t•r , t? . . . ... ,
in LhC course of the work shaT 1 be rc sLo-cd i-: 1
satisfactory to the City .
Article VI
Use of Public Sewers
Section 1 . No person shall discharge or cause t-o
any storm water , surface water, groundwaLcr , :-trot
runoff , subsurface drainage , uncontaminated coolin.; ;
water , or unpolluted industrial process v%lter;
sanitary sewer .
Section 2 . Storm water and all other unpolluted dra i:l:l : : i
be discharged to such sewr.rs as are Spc•ci f ico 1 1%,
designated as storm sewers , o:,' to a n,ltur;il
approved by the Superintendent' . Indus rri ;T ? c•�t�l i ::,•.
water or unpolluted process wa,:ers may ht,
on approval of the Superintendent Lo a SLOT St.".:t•:•
or natural outlet .
Section 3. No person shall discharge or cause i
any of the following described li.quic?s or w.-isles'
to any public sewers :
I
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( ,i) ;lny gn!-,ni ine , benzene , n:ipt h i , 11(`l 0 ; 1 ,
other flammable or e`:pinsivk• ligiii (l , sol. lti
( h) ;lnv waters or wastes cc�ilt;iinin)-, io\i , :
mci.sonous solids , licluLds , or s,.ises in
cjtl:inti.t:y , cither singly or by intern , 1,1n
es , to injure or i.nrrrfore with • .1%, h;l t (".%'I
cont;titute a h,-l::.lyd to llum.14 (11
cr('at(` .'l public nllisance , or creat(` ;1r1`'
Llie receiving, waters of the wastewatc l : rl`;lt r:11
works , including but not limited to r lnic!t' ; is
C•.,C(I;,5 Of two ( 2 ) milligrarls ver litc!' ,1s i:1
1-:;lstcr: as discharged to thc pl.lblic sl.l,•cr .
( c) any herbicides anti pesticides .
H) ;1ny waters or wastes halving, a l~ll 10',:( 1'
or having any other corrosive propertv c.zh;lh;
c:1�.lcing damage or hazard to structures ,
and personnel of the wastewater facility .
(e) solid or viscous substances in gu;ln; it i
c1f such size capable of c,lusing obstrl(t:ti "n 1.o
flow in sewers , or other interference 1.i t,h
operation of the wastewater facility Gucl, ;is ,
limited to , ashes , cinders , sand , mud ,
metal , glass , rags , feathers , tar , pl :it:; icy , 1:, . ,'. •
unr.ound garbage , whole blood , paunch r ,irllrt h.-an(I fleshings , entrails , and paper dishes • c 1:`� , : .
cont;li.ners , etc . , either whole or grolllld hV
^rirl(Iurs .
( f) any amount of the following heavy mer ails :
Antimony Chromium ( tri) hho;l iu:.:
Arsenic Cobalt Sc ? c:li:: :
Bnritim Copper vcr
Beryl l ium Iron St r I : i::^•
' ismuth Lead
Boron Mangane:;o
cadmium Mercury
Chromium (hex) Molybdenum
Nickel
Dilution of toxic materials and heavy mc�zil s in 1i ,.
of removal is not acceptable .,
Section 4 , No person shall discharge or catlsr to be
the following described substances , materials ,
or wastes if it appears likely in the opinion of -, l1.
Superintendent that such wastes can harm t110 X',lStl'-
water facility or equipment , have an adverse cffOC'
on the receiving, stream, or can otherwise cntl.lM"k-
life , limb , public property , or constitute a n11: t.:inct .
In forming an opinion as to the acceptability h :
wastes , the Superintendent will give cons it'll
such factors as the gllantitics of subject W;lstcs i ::-
rel:iCion to flows and velrei.tics in the
i.;ils of construction of the sowers , nclttlrt:
of ncc wastes in the wastewater tren-,ment ar .i i
peer. inent factors . The substances Which :l:t-: l`t'
considered include but are not limited to L !Nk- :', '.
( ;1 ) any liquid or vapor llnvi.n), a tc•r:{)t`r• 1! 1:: t
Chan one-hundred fifty degrres ( 150°'1' . )
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( h) any water or waste containing, :� t :,► .�. �: ,�
or oils , whether emulsified or not , in excc:;s kN, on.
hundred ( 100) milligrams per liter n
crnnces which 111,1V solidify' or bCCOMU Vi SCOUs .c ;
tc•mncrature between 32 and 150° F . W 65"C- 1 .
( c• ) any garbage that has not been
The installation and operntion of ;ink
1;lrger than those normally m,anufacrurc('. Intl
residential and noncommercial use Will nt-q ! .
stalled without specific review and
Superintendent .
( d) any waters or wastes containing strong
iron pickling wastes , or concentrated plarini-
cannot he discharged to the wastewater t:ici 1 i : v
completely neutralized a'nd ;ipproved I)v tlic ::c;•#.-: ::•.•.
for discharge .
(ti ) any waters or wastes containing rcduc ? :i►; :L,! s,.
of an organic or inorganic nature , topic t,,r
i•:hich exert an immediate chlorine dem,aiW ;.i> , l1
discl;urgcd into the wastewater facility i `
of such agents will prevent the achievement c
adequate chlorine residual in the of f lUer—" ,t: 1 :,A.1
vinstewater treatment works .
( f) any water:; or wastes containing pl—nolis or
taste or odor producing substances cannot
to the wastewater facility in concentr;lt io-:s
limits established by the Superinten(lent . i)-11ut i
shall not be used to decrease the concentrnrion .
(g) any radioactive wastes or isotopes of such
life or concentrations as may exceed limits
ed by the Superintendent in compliance with
;�}•}�1 ic;i!� : .
State and Federal regulations .
(h) any waters or wastes having a pH in cxcczs of
( i) materials which exert or cause :
( 1 ) unusual concentrations of inert Sus n d
solids ( such as , but not limited to , Fu1 1 cr-s C-11-r 11 ,
lime residues) or of dissolved solids ( such as ,
not limited to , sodium chloride and sodium s,.-,1 ,7 a�
( 2) excessive discoloration (such as , but r �t
limited to, animal blood , dye wastes , and � c�•� t �t�l
tanning solutions)
(3) unusual chemical oxygen dem;ind , or
cher.iical oxygen demand , or chlorine requiromonts
in such quantities as to constitute a signific•int
load on the wastewater treatment works .
( 4) slugs or shocks constituting an unc::;ual
volume of flora or concentration of wastes which
will disturb the normal functioning of the w;?:<t e-
water facility. }
(j ) waters or wastes containing substances %,hi ch
are not amenable to treatment or reduction by 010
wastewater treatment works employed , or ;try• omon;ih1c
to treatment only to such degree that the cffluont
cannot meet the requirements of agencies having
jurisdiction over discharge to the receivins;
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;'nV or t ns!-(': -
1 t1lSC)11"S_',0(l t0 ;:!1(' ;)1I'D LC St'WC C
11 l'!':; C'r)Tl ;l ill 1.h"_ 111)~1 :11:1'1'. (`: ;11t,
in `OC:t ii'n of 01 i .
:1T1(; in ,_hc judgment of ht_` :;L11) . '.n: �
.1 Lie lcreriOLIS e t'fCct upon the w'i •;t L. 1:
r occivinj, t.,ater s , or wh Ich othorwi FC.1 ' C .l
to life or cnnstitr.rt.e a public ar:i s,'irck ,
Superintendent m ,y
l :; l reject the waster ,
(b) require pretreatment to an accept;ihl(? COTIdi ;
for discharge to the public sewers , or
( c) require cont.:o1 over the quantitites .r:T(l
discharge .
If the Superintendent permits the pretrentment or
equalization of waste flows , the design and install :. -
tiOn of the plants and equipment: shall be suhioct
the review and approval of the Super int(`ndent and
State of New Mexico and subject to thr requit-emon'- s
of all applicable codes , ordinances , ;in,l laws .
Section b . Testing of -n industrial waste will h(.' P(21fOl-mo,i .:t
least twice ,a year or %..henever found necessnry
the Superintendent . The person disch;) rging tr(` ;:.r:- :
shall be liable for payment of all costs
from the testing of the industrial w-aste .
Section 7 . Grease , oil , and sand traps shall be provi(ioL! i:heil ,
in the opinion of the Superintendent they are rcccs -
sary for the proper handling of liquid C011-
t%tining grease in excessive amounts , or ;iny fl:rr.Tnah'. %_'
wastes , sand, or other harmful ingredients : except
that such traps shall not bC required I01.
living quarters or dwelling; units . Ai 1 t:•;lps sh;rl l
be of a type and capacity .approved by the Superint t. n .i. : '
and shall be located as to be readily and e;rsi Iy
accessible for cleaning and inspection . Gre:lso ;Ind
oil traps shall be installed in all new fillin,,
stations , garages , restaurants and other nt.`t:
facilities wherein heavy discharge of grease ;r:ici .- i '
is to be expected.
(
Section 8 Where preliminary treatment or flow-equcllizin;;
facilities are provided for any in(',ustrinl litjui (l •.:.r
they shall be maintained continuously in sat is f c t :-•:
and effective operation by the owner at his exacnst_. .
Section 9 . When required by the Superintendent , tht_` owner of a:ly
property serviced by n building sewer carrying
industrial liquid wastes shall install a -t;it;l1)1C
control manhole together with such nec(_`ss;lry 70tel,
_ and other appurtenr_1nCCS in the buildings; t.o
fncilitate observation , sampling , and aoasurt.`;;�ont
of the wastes .
S1rch manhole , when regliirc(l , shall he nccessil, le :in,!
safely located , constr.ttctcLA in such a manna`►• .t:, Lo
prevent infiltration of ground and surrnco ,,:itors ,
and should be constructed in accordance with nl,in:,
approved by the Superintendent . The m;rnhr' ! (' Sh,'! : l
be in:italled by the owner at his expense , ;ind shill
be maintained by him so as to he safe inki accos,;ihlt-
r1t all times .
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Section 10 . All m(-.asurement_s , tests , and nnalvgvs of tho
charac• oristics of waters and write:: :-11;111 !,o
mined) in accordance with the latest. editi ,,n
>tandlard rlethods" and shall be determino ; ;It : '.t
control manhole provided , or upon
t;lk+2n at said control manhole . 'rho control
.,hall be located so that sampling of 1110
waste will be performed before di.scha;•t,,• ill ,' : !
public sewer system.
Samplinp shall be carried out by
metho( :; to reflect the effect of constit-UL11tF •.:r."n
the wastewater treatment works and to dot ci-r..i nt.• 11,.t.
existence of hazards to life , limb , ;Ind
(The particular analyses involved will dctcr:•-i :l,•
whether a 24-hour compos'ite of all out t'al l :: ,
premise is approximate or whether a Prot)
samples should be taken . Normally , hu~ no;
COT) , BOD , and Settleahlc Solids an;ilVSCS .II•L'
ed from 24-1-iour composites of all ,�dlt falls }i�rd +<
pli ' s are determined from periodic �•,r::h +1,�1, s . l
Article V1 I
Provision for User lees and Recoycrd•,1 Co"t s
Section 1 Egiiitabl.e user fees .
1`1Id, governing the City shall -ike thy• nccc s -
s.•iry steps to establish an equitable s::ste:a ot• user
fees . The purpose hereof is that e;lcll indi� i�l;l.11
non- industrial user shall pay an equitable porti-on
of the City cost of constructing thL2 l,-ristowat,"r
facilities plus z portion of the totall ope,.%i ion
;incl maintenance costs .
Section 2 . Residences and commercial users .
For residences and commercial users , ; l:d• ,+sCr `',•k•:
shall be computed as follows :
UC = A + (K) (V)
lghere : UC = monthly user charge fey, in t1ollars pL•r
month
A = fixed charge , by user class , maUc fo--
being connected to the sewer syster, in
dollars per month whether or noL lny
wastewater is discharge() to thC SVStva..
K = basic charge made per 1 , 000 gallons f
waste discharge in dollars prr %font.). .
V = volume of waste discharged) in thc�u5.111,' :
of gallons per month based on a%-oral ,o
winter water usage ; if actual )eater usLI
measurements are not available this v;ll +:,-
will be established by the City on the
basis of expected water use, for the w it ,•r
using facilities and/or
at the building, being served .
Section 3 . E uitable Industrial Fees and Cost Recovery
Industrial user fees shall be as etino-d iii ,'-c Cit:v l s
Industrial Waste Ordinance (Ordinance Rio . 547 ) .
Section 4 Access to water utility records .
For t1he purpose assessing equitable user feel's ,
any person discharging wastes to the sanit,ll•k•
sewers shall permit access by the Cityd.;l: d t•
+lr i l i.ry records for that person ' s
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Article WIT
11cnrilties , Ropealer and_ Severability.
Section 1 . l:vc-ry person convicted of a violation c : ;hi.s
Ordinance shall he punished by a fine not,
than three hundred dollars ($300 . 00) or b � i�..•: i
rient for not more than 90 days or both .ind
tht,� ordinance is violated x611 cans', i.t ,:tc
rf Fonso. . The conviction and punishw.ent
for a violation shall not excuso or exemot -
snn from the payment of any fee due or a nai k'.
t i.me of such convic t i.on and nothing
vent a criminal prosecution of any violation o,
provisions 'of this ordinance .
All remedies prescribed or Liens creaL cal
or under the provisions of the law for crlloc: ion
.:nc', enforcement of the fees shall he cumul,�t i �. ��
the user of one or more remedies by tht• t;it%
New Mexico , shall not bar the use of .Inv otlhc,• r ' '
for the purpose of enforcing the provisinns t ;: ; :-
ordinance created by the law. The fee s riuthori ::��'.
this ordinance shall be a lien in favor of -11,c C,: v
of Deming upon the personal property of thc• person.-
used in connection with the sewer use which ';;IVC i• iSL
to the fee and such lien shall be imposed , co1 1 0C '
enforced and paid as provided by the law,
NIn property of nny person shall be L'Xc'mOt f"011, } c' .
end sole of cyccution issued f.or the' c•o11 �'ction
a judgment for any fee imposed by this ordinance• .
Section 2 , Repealer . All City ordinances or parts of ordin::;,LL•:;
in conflict or inconsistent herewith bc , anal cl,.c
hereby are repealed to the extent only of such con-
flict or inconsistency , and as to .all • ,ether
not in direct conElict herewith , this ordin,inco is
hereby made cumulative . This repealer shall not be
construed to revive any ordinance or o� nn%-
01'dinance heretofore repealed .
Section 3 . If any part or parts or application of ,Iny }girt
of this ordinance is held invalid , slid. lic')1dins,
shall not affect the validity of the r-cm.linin+t I ! rt y
of. this ordinance . The City of Deming, New Nexick) ,
hereby declares that it would have passed the
parts of this ordinance even if it had knourn rhat s::c`.
part or parts or application of any pert tl7ercof
be declared invalid and it is the intent of the Cit •:
of Deming , New Mexico , that the unaffected remaindo*r
of the ordinance continue in force .
PASSED, ADOPTED, SIGNED AND APPROVED THIS 14th day of •Itia �
19 82
(SEAL)
ATTEST :
E . J . HOJ'1' ' , t,ITY ��DPtl\ISTRA''olt
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':•IT1' OF 7F;:1N(� , TN':',\' ',•!}',XICO
No . 699 _ . t.ab1i . ..
i•�•,,�. `;,r-•.•„11•. : 1'i, �` r S�?'11i:ar'J iC:•:C , ll�('t' S �'C ;
'.... .•.i::'ti:� , as 'i-•dil:..l:ce No . h91) _ prov...'L
to b•? used in con �:nction with the fcr:•`•i1,, shall -o es;
by City Council ;
;!I:i•:I?FORE , L'I': IT ORDAINRD by the
of t',o City c�;- I)� mi.rg , Ne:a '}exico , t.l•,r>t the f.ol
to b 'iap].io(l, f rr computation of ' sewer 1::, r rCL'.., 1.0”
re sic:enti.al , c n:n:r.c r. cial , semi-com>mercial .ind mul; : ,:c� Ll•: ::a� : ,
ARTICLE I
FORMULA
Section I Formula for computation of fees :
UC = A + (K) (V)
UC = monthly user charge fee in
A = fixed charge , by user class , maOo for bein;;
connected to the sewer system in dollars peg
month per hook up. Based upon fixed costs .
K - basic charge made per 1 , 000 gallons of ,,;ts! o-
w.ater discharged in dollars per r1011:h per
hook up .
V - volume of taste discharged in t}�.:,us in('.s c
gallons per month bases} on an at•- r,age •,;'_n-, o-
monthly water consumption for NOVOM• Cr ,
December , and January with the fcllc.,ir
exceptions and conditions :
1 ) Residences , apartments , motels ,
boarding houses wil+1 be basek.11 uCcn, a
of minimum 4 , 000 gallons per r,:enth per
living unit .
Any- commercial user whose avcrn e c,`nsu:",p-
tion falls below 6 , 000 gallons per ; or.r};
will pay the fee based upon minir:>:a 6 , 000
gallons per month .
3) Water consumption to be actual if data
— available to City 30 days prior to billin, .
If water consumption data not available ,
billing is to be based upon estimates
of City Manager .
a) User may request a review by Cit\'
of water consumption rates once every
12 months .
b) City Manager may review water consump-
tion rates at any time and make needed
adjustments based on most recent data
available.
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CURRENT RAT:S
A) -,pon Att;1cl e
1 ) Fixe,} ate C
(133. 7 ri�hic f��ct „► c,; `''ti ' !
�HtL'W:Uor ,t i :clutrt;ccl. i
.'.ut 1r Ss f requent ly I i; n u 1
monLhs
! ru"'idL'd 'for hcr. cb
i f nc , :�:.,I i I h... 1:c•, i :�; ' ..:,?
JI1h
cessary W Merl.' Lhe }� t � t , . •.: s
1.t � d to r�•Ct�ver sufficient. re�;�r,;:��s
' , ,r uper-��tion m��intenanrc' .;t: ,
cosrs , d
a
K
i
PAY'-,;ENT i
Section III S�lnitary set•;er charges levied Pursuant ,o is
or }finance shall. be P,1yr3ble upon bi '_ 1 ins
city '
t
LIEN-NON-PA1i•1T?NT
If sanitary sewer charges 0�,ed are not
the City within six ( 6) months after the in: ti a
billing date a lien against the Property sh 11
filed according to New t•fexico Sr.��r.e
t
t
PASSED, ADOPTED AND APPROVED THIS 14th DAv l�r
.Lune 193
S
S
i
ti
ATTEST; 4
�J . O • '
1'1'Y ADMINISTRATOR
1 �
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ATTAril lif,NNT A
CITY OF DEMING , NEW MEXICO
;::�5'i 'TREATMENT PLAINT AND SEWU'AGE, SYSTci'
ORDINANCE NO . 700
Sewer User Charge
1 . I,\1TROD1'CTI0N
The sewer user charge shall be computed based upon r!W
follo•.:s :
UC - A + K.V.
4.'here
UC -= Monthly user charge fee in $ /rno .
A - Fixed charge , by user class , c:.idc for being;
connected to the sewer system in dollars per
month whether or not any wastewater is dis-
charged to the system.
K,V. = Variable charge in $/mo .
K Basic charge made per 1000 gallons. of
discharged in $/mo/hook up .
V - Volume of wastewater discharged) i.n thousands u:
gallons per month based on aver,ige winter :.•. tor
consumption during November , December and Jan-
uary. If actual water measuremoiits are not
available , this value will be established by
the city on the basis of expected water use for
the water using facilities and/or services of -1.2-ed
at the building being served.
Population a:id Dumber of Hook Ups : Based upon 1980 census of
population and housing, the average occupancy per housing unit is
2 . 54 . Sind the projected population of 1983 is 10 , 900 , the
projected number of hook ups in 1983 will be 4 , 300 approximately .
The number of hook ups estimates can be similarly made for any
other year .
The following example establishes the method of determining
the fixed and variable charge .
A. FIXED CHARGES
The fixed charges shall include capital cost recovery ,
major equipment replacement cost , and administrative cost . A
method of determining these various costs is given below :
-25-
—Cost Recovery
----------
C a 1)
collows :
the it'll cost
X Cr f X
N
0 r C
C Capital cost: recovery $/m0jjj(!j':.
P City sharc. )f Czjpit;jj
I,)st . $303 , ',5
C rf C,'Pita-1 Recovery Factor• 0
( I+i)n_l 1 7 . 757o n = 20
N Number of )look ups = 4 , 300
C $303 , 452 x 0 . 9996 x 1 1
4300
$0. 59/mo/hook up
Major Equipment- Replacement Cost
Major equipment considered for rer,)llcc,— IL
below along with their present cost
Influent or raw wastewater pumps $
Bar Screen
Aerators
Sluice gates :
Polishing ponds
storage ponds
EFfIlionit submersible pumps
Subtotal
+27 3
Add 107. contingencies
TOTAL Equipment Cost
0
Assume ? 5 Years life for the equipmor,t Is
effective analysis guidelines in Adix
Vol . 43 , No. 1�88 ppen
September 27 , 1978 : A of
-2-
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RC :C x N X 1� .c
RC = quipment replacement- cast in ;,' �', • ;
"(7 E(plip-mcnt-. cast
Dumber of hook tips
Therefore
RC = 670 , 000 x
RC = $0 . 61 /mo/hook up
3 . Administrative Cost
Assume yearly administrative cost - $ 16 , 0:10
AC = YC x N x 17
Where
AC = Administrative cost in S/mo/hook up
YC - Pearly administrative cost
N = Number of hook ups
Therefore
AC 16 , 000 x 1 x 1
AC = $0. 31 /mo/hook up .
4 . Tonal Fixed Char&e
The fired charge 'A ' towards user ch,•irge in S,' .., '� •
will include the capital recovery cost , major equipment ropl ,t.,,
and administrative coast as described above .
Fixed Charge 'A' _ $0 . 59 + $0 . 61 + 0 . 3
A = $1 . 51 /mo/hook up
Recommend $1 . 75/mo/hook up as the esti.matt cd
charge for 1983 to allow for first year ' s inflation ,
uncollectibles , etc.
B . VARIABLE CHARGE
Basic charge made per 1000 gallons of w.-istc•wate
' K ' will be determined by the following; equation :
-3-
X
0 00
:UC�t1CL'd
i)1 ' ,�•
i r7cd
{1 P-Pu1'1t7.011
Therefore,
F: = F0 , 400 n5 T( c T65 x 10llit
50 . 24 /1.000 gallons wnStowater d c
PQ(-'o, mend $0 . 25 Per month er 1000 1
P pal ons caaste�:;ltc : �; . . �.t, • •.
I'hel'ef(;re , 11ser charge during; 983 may be
�
folloc•:ing eauauion .
U - 1 . 75 x 0 . 25V during; 1983 .
Eased a}lot, the above equation the l)r��ratcd ,;�,.:, : ,: :• ,
%,�1h1e will be ns fclllows :
l•'ater Used User Chat re
in pallons/:Month in $/month
4 , 000 2 . 75
5 , 000 3 . 00
6 , 000 3 . 25
7 , 000 3 . 50
8 , 000 3 . 75
9 , 000 4 . 00
10 , 000 4 . 25
11 , 000 . 50
12 , 000 4 . 75
13 , 000 5 . 00
14 , 000 5 . 25
For (':11 aVOr,lre housing; unit disrharging 6 , 400 t,
::r•1f-ctr per rtonth during winter months, the average
U(" _ $ ( 1 . 75 + 0 . 35 x 6 . 4 ) /month
$3 . 35/month
or say $3 . 50 per month
-4-
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i
June 14, 1982
RF.SOLUTIO\
I-IHEREAS, Elix Pena did heretofore file a subdivision within
the City of Deming, kno;ni as "Pena Subdivision"; and
WHEREAS, pursuant to the provisions of Section 9-9-6 (A)
of the Municipal Code said subdivider dedicated ten percent
(102Z) of the subdivision for recreation and park purposes; and
t
W11EREAS, more than five (5) years have passed since the
approval of said subdivision, and the City has not accepted
the dedication of that area for such recreational and park
purposes, and the subdivider deoires that the City evidence
that it has not accepted said dedication, so that the same may
be withdrawn;
NOW, THEREFORE, BE IT RESOLVED by the City of Deming, Net!
Mexico, that the City does not accept the dedication made by
Elix Pena, for the purposes set forth above, and consents that
the dedication heretofore made for recreational and park purposes
may be withdrawn to the same extent as though such dedication
was not made.
DATED this day of ,
1982.
May r Chairman ouncil
ATTEST:
U / _.
City Cle
Motion by Councilman O'Neill seconded by Councilman Lundy
to approve Resolution as subinitted passed and carried.
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June 1.4, 1982
E. J. Hooten read the Deming-Luna County Tourist Development Comm"'
Minutes.
Bob White was present and advised that if the City is interested in
acquiring the FAA complex they should submit a proposal.. The new complex
will provide employment for 80-85 people.
Next it was moved by Councilman Lundy, seconded by Councilman
Alvarez, and carried unanimously, that the American Legion be helped
with up to $300.00 legal expenditures to help promote their State
Convention in Deming.
It was then moved by Councioman O'Neill, seconded by Councilwoman
Miller, and carried unanimously that all other Tourist Development
Bills be paid as submitted.
l\,Nds were considered for the Housing Rehabilitation. Seven units
were bkt1 and ,after deductive alternates all were within the guideline of
$97000.01 with the exception of 82-3-3 at $9,558.18. James Harris,
Cfry Building inspecter asked that the Council allow the adOitional
$558.1 ar all the improvements are necessary to bring the house up
to a fe condition.
Mayor Pratz felt that the Council should make an exception in this
c..!^e sine,:. the people should be moved out if the improvements are
not made.
It was moved by Councilman Lundy, seconded by Councilman O'Neill
and carried that Johnny Avalos Construction be awarded the bids for
82-3-1, 82-3-2, 82-3-3, 82-3-4, 82-3-5, 82-3-6 and 82-3-7 with
deductive alternates and other nonessential items eliminated. Councilman
Alvarez Abstained.
Mr. hen Holdridge stated that the Airport Commission would like to
express their appreciation for all the work at the airport by the City
and County.
E. J. Hooten advised that approximately $105,000.00 total is in the
budget for the Airport ; $10,000.00 will be needed for ongoing expenses.
The Council discussed the Sewer Use Ordinance and also the Sewer User Rate
Ordinance, E. J. Hooten explained that EPA required the adoption of both
ordinances.
Councilman Lundy introduced the following ordinance:
r�
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,tune 14, 1982
It was moved by Councilman Lundy, seconded by Councilman Alvarez,
that any and all rules of the City Council that might in any way conflict
with the immediate passage of this ordinance be suspended.
The question being upon the suspension of the rules, the roll
was called with the following result:
Those Voting Aye: Manuel Alvarez
Jo Ann Miller
Tim O'Neill
James Lundy
Those Voting Nay: None
The Mayor declared the motion passed.
It was then moved by Councilman Lundy, seconded by Councilman Alvarez,
that the ordinance be placed upon its final passage and do now pass.
The question being upon the passage of the ordinance, the roll was
called with the following result:
Those Voting Aye: Manuel Alvarez
Jo Ann Miller
Tim O'Neill
James Lundy
Those Voting Nay: None
The Mayor thereupon declared that more than three-fourths of all
the members of the entire City Council having voted in favor thereof,
said motion was carried and the ordinance duly passed and adopted.
On motion duly adopted, it was ordered that said ordinance be
numbered 699, and, after approval by the Mayor, be published, and
be recorded according to law.
Next the Council discussed the User Rate Ordinance and felt that it
should not be effective until the new plant is in operation. Councilman
O'Neill then introduced the following ordinance:
-22-
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June 14, 1982
It was moved by Councilman O'Neill, seconded by Councilman Lundy,
that any and all rules of the City Council that might in any way conflict
with the immediate passage of this ordinance be suspended.
The question being upon the suspension of the rules, the roll was
called with the following; result:
Those Voting Aye: Manuel Alvarez
Jo Ann Miller
Tim O'Neill
James Lundy
Those Voting Nay: None
The Mayor declared the motion passed.
It was then moved by Councilman O'Neill, seconded by Councilman
Lundy, that the ordinance be placed upon its final passage and do now
pass.
The question being upon the passage of the ordinance, the roll was
called with the following result:
Those Voting Aye: Manuel Alvarez
Jo Ann Miller
Tim O'Neill
James Lundy
Those Voting Nay: None
The Mayor thereupon declared that more than three-fourths of all
the members of the entire City Council having voted in favor thereof,
said motion was carried and the ordinance duly passed and adopted.
On motion duly adopted, it was ordered that said ordinance be
numbered 700, and, after approval by the Mayor, be published, and
be recorded according to law.
For the last several months the City Council and the Planning and
Zoning Commission have been reviewing a ,proposed Park Dedication Ordinance
amending the subdivision regulations.
The following ordinance was then introduced:
ORDINANCE NO. 701
AN ORDINANCE AMENDING THE SUBDIVISION
REGUI. WION OF THE CITY OF DEMING, NEW
MEXICO: TO PROVIDE FOR DEDICATION TO
A PORTION OF THE SUBDIVISION AREAS FOR
PUBLIC USE: PROVIDING FOR THE PAYMENT
TO THE CITY OF CERTAIN MONEYS IN LIEU
THEREOF: AND REPEALING ALL ORDINANCES
IN CONFLICT THEREWITH.
BF IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEEMING,
NEW MEXICO:
-30-
e A UNITED STATES ENVIRONMENTAL PROTEdTION AGENCY
i; REGION VI
1201 ELM STREET t
AUG 3 �,�,� DALLAS, TEXAS 7'5270 ; J }•!
i
Joint Us,� Gard
P.O. Box 61
Ruidoso, ';In r 'P.xico F,934--)
Dear fir. Pine:
I am r!ritin!� to you re amine your letter of August 1?, 191", and the
attaches sev,,er ►1S^ nrdinancns for t1he villanes of ?u doso am! ,'.0doso
Downs.
Thfi ssiter us? ordinatier for Quiloso is hervhv approved.
The sn!-i� r usn crdir!ance for Piddoso Dvms is not aat,roved for the follel'Jinn
reasons:
1) The sewer s rvicl- ch-,rca r el rr!Vol'Ked to e!lsure t^at 1arre
vnlIP'n users eo not rift a quar;tity discount.
2) Tht. }`-thod of cal vula rind the, Users cost Sihould be cor:sistent ;;,ith
It i tl {ears ns tnoulh th" villarm is charoi n'' "res l d-n-
tial" and "o t!ic:r co'v.._rcial" hool,,vos at I flat rate nn what
the wv--,her of t?.^s are, an:1 yet ti't! any' "RI(Adoso Powns
�"!c" Track," h!-%-1k i')S Arc, c1)arrt^' 1)`► t;!n rm1! lr'r` of tics. This C'cos
,iot appmir is t►�ouo!) ::11 Users al•C !�-lvin,i t!),'ir .roportlonatE, sharp:'.
3) 'For infnr.:1aticn, t;Nr r:�n± lWjns str•.tp teat "user char90s r•!ry
c)Lirc'P for !.iatir usai.P
�ni in ciiscs 1.,4—ro t`;e 1'rat'r 6!v.wi^ is h,1S !:' on a const.111t cos " por
:.mi t Of c�mis!rrntion".
�. revis?!, s' of vs.-r chzz ^nr.,S F1101.110 � 0 cl 11,i ttr:? for rll1C'^so ft-,,ns as soon
;S possiAc. T`• f- ,�L%irtt : S^ rrr)�1r!': t.}ill S��`i1 r?i;f!1 c i?- !lt 1!�1"r1. t1aV!'!211tS !''111
!)Q CUt off or! this !)r•:j-ct: '.,,iti l F)owns has an aa^roved us@
ordinance.
Pleasr: call if v.-)p 1in'Jr
any C1' ?,tiQt S.
Sine.,rely yours,
Stuart F. ";rriv
Protect --nr'7i! ems
Construction ,rz,rlcs !.ranch
cc: !,wv! rexico rnvironr mtal
Ir:!)roves-z)t Oivision
Daniel 2nm-lineeri!1,7.
s OF
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-- - - THE VILLAGE OF RUTDOSO DOWNS, NEW MEXICO "'`!•R;y,
ORDTNANCE 82-7
AN ORDTNANUF AMFNnTNC, ORDTNANCF 81 -5 ARTTC'LF. TV SFrTTON C) : AN '�`••
ORDINANCE TO TNCREASE AND ESTABLISH RATES FOR S} WER USFIZS : THE
VILI,AC?E SHALL, BY ORDINANCE, CIIAROE AND COLLECT FROM ALL USERS �
1S'�
OF SFWFR 1,TNF`r AND -,FWA(-,r SYSTFM, FOR THE USF THEREOF, A MONTHLY
SERVICE CHARGE. N() FPEE SFRVT( F SHALL BE PROVIDED FOR ANY USER,
PUBLIC OR PRIVATE. THE BASE RATES FOR SEWER SFPVTrE ARE AS �I
FOLLOWS : d 41(
BE IT ORDATNED RY THE COVFRNTNC, BODY OF THE VILLAGE OF RUIDOSO
DOWNS , NFW MF.XTC0, AS FOLLOWS :
Except. as expressly modified herein, Ordinance No . 81-5 is ratified,
confirmed and approved as thounh fully set forth herein .
ARTTC LE TV
4-4-9 Sewer Se ry i rt, Cha riles
4-4-18 Fmercency Clause
4-4-9 SEWED :;FRVTCE CHARC'F.
The Vil. lane shall. , by ordinance , charce and collect from all users of
sewer lines and sewane system , for the use thereof , a monthly service
charce . No free service shall. be provided for any user, public or
private . The rates for sewer service are as follows :
(a) Minimum Mnnthl.y Charge : Effective the effective date of this
Ordinance :
Minimun Monthly C'IErc?e
Posident i.al $ 6 . 00
Commerci a] 15 . 00
Tnst i tut i.ona 1 /Tndust ria l 20 . 00
(b) e'omnu�dit�_rl� lrcie : Tn addit- ion , after the Minimum Monthly charae ,
customers shall be char.ned a sum equal to $ . 50 per 1000 ciallons of
water used in excess, of 4000 ciallons , as determined by meter reading
for water . Customers shall he I)i l l cad monthly, based on the meter
reading .
(c ) r� wr.r �'ii•; I niu•� .. h i I l �,iil ^^iiii i r• i I,.� I !J,,il ,.i '� •t v.i• •� ,; : .
1 . r'lal t:,ilc Motill•ily, ('harcre_
Resident Lal Commercial Tnsti.t tit 1.onal/Indust.ria1
$ 0 . 00 $ 22 . 50 $ 30 . 00
(d) Ruidoso Downs Race Tracl, Minimum Monthly charae
1 . The Raace Track will lie c.harried a mini i mum of $500. up to five
taps and 50 , 000 nFl.l.ons . Tn acirlition , after the Minimum Monthly charae
customer shall. he charged a sure e(pial. to $ . 50 per 1000 nallons of water
used in excess, of 50 , 000 nallons , as determined by meter readinn for
water for all fac-i 1 hies rxc l uclinr, the barns , with easy access to Villace
employees .
(e) . ewer Conncrtions S_ervi_n_c Mul. tiLle�_Unit.s . ,,ewer connections
servinrl more than one unit. shall he charged the minimum monthly charae
for sewer service multiplied by the number of units beinn serviced by
the sewer connect- ion . Tn addition , each sewer connection servicinci more
than one unit shall he charged the commodity charoe for that amount of �
liquid waste discharged which is in excess of the number of units beincr
served by the sewer connectior multiplied by 4000 . �;
• y 't�1�
For purposes of this provision , "unit'." is defined as a part of
the property intended for residential , rommerrial , industrial or any
type of independent use, includinc7 one or more room: or enclosed spaces
interconnect inq , located on one or more floors in a buildinn, and with..a;. . .l,r
direct exit to a public street or highway or to a common area or mall
leading to a pub] is street or highway. Hotels , motels , and tourist
cabin operations are specifically excepted and excluded from the effect ' :'91
of this provision .
(f) Tank Truck Discharcte. companies or individuals engaged in the ` ;��ti
commercial enterprise of septic tank maintenance who convey liquid wast"No�lr.
and discharge from such conveyance into the Village of Ruidoso Downs
system shall. he required to obtain a permit from the Vi l l aae of Ruidoso '' 'I'.
Downs . There shall be no fee for the permit , and it shall be valid one '
year from the date of issual,ce. Upon receipt of a permit , companies 5
or individuals may discharae at designated manholes only subject to a
charge of $5 . 00 per 1000 oallon truckload or part thereof . Any person c1,
negligently or willfully violating the department requirements for liquid, 'i
waste discharges from trucks shall be in violation of the Ordinance and
may have his permit revoked, in addition to at,.; other remedies provided ' :
by law. The vi] lade reserves the right to prohibit discharae of liquirl ; .i•.
wastes of such strenath characteristics which do not allow effective
treatment by the village ' s Wastewater Treatment Plant . Fees tinder this,.
provision under this provision are to be paid monthly.
4-4-18 EMERGENCY CLAUSE.
This Ordinance is hereby declared to be an emergency measure on the &.;
grounds of urcient public need. Tt is therefore to become effective 5
days after publication . ?
PASSED, ADOPTED, SI(TNED and APPROVED this ��rr9� day of 9
1982 . t�
J. Day, Jr. , Mayc.r
ATTEST: ` `i
, •s
Wilma L. Webb, C'1 erk/Treasur. er
,
J
j
,
•" t
,nt
u
.
.o.
b
I
ORDINANCE NO. 6� Y
AN ORDINANCE CONCERNING THE MUNICIPAL JOINT WATER AND
SEWER SYSTEM OF THE TOWN OF TAOS; LEVYING NEW SEWER
RATES , FEES, TOLLS AND CHARGES; PROVIDING FOR THEIR
COLLECTION; PROVIDING FOR THE DISCONTINUANCE OF SER-
VICE FOR THE NONPAYMENT OF RATES AND CHARGES; MAKING
OTHER PROVISIONS CONCERNING SUCH RATES , FEES, TOLLS
AND CHARGES AND SUCH SYSTEM; REPEALING ALL ORDINANCES
3N CONFLICT HEREWITH; DECLARING AN EMERGENCY, AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS , the Town of Taos, New Mexico, presently owns
a r.tunicipal water system (sometimes referred to herein as the
"mater facilities") and a municipal sanitary sewer system (some-
times referred to herein as the "sewer facilities") which it
operates and maintains as a single joint water and sewer system
(sometimes referred to herein as the "joint system") ; and
WHEREAS, the City presently has outstanding a bond
issue which is payable from the net revenues of the joint system,
i .e. the Town of Taos Joint Water and Sewer Refunding Revenue
Bonds , Series July 1 , 1963 as authorized by Ordinance 528 ,
adopted and approved on the 1st day of July, 1963; and
WHEREAS the Town presently levies rates, tolls and
charges for the use of the joint system pursuant to ordinances
heretofore adopted by the Board of Trustees; and
WHEREAS, the Board of Trustees has held a number of
public hearings on a new schedule of sanitary sewer rates
and charges and on the jsr- day of « , 1973 adopted the
schedule herein set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY
OF THE TOWN OF TAOS , NEW MEXICO :
Section 1 . RATIFICATION. All proceedings and actions
taken under law, or under color of law, preliminary to and in
the collection of rates, fees , tolls and charges heretofore and
hereby levied by the Town in connection with the use of the
sewer facilities, and the receipt, control , investment and
expenditure of any and all moneys and funds pertaining thereto ,
are hereby validated, ratified, approved and confirmed, notwith-
standing any lack of power , authority or otherwise, other than
constitutional , of the Town, the Board, or of any officer of
the Town, and notwithstanding any defects and irregularities ,
other than constitutional , in such proceedings and actions.
-34-
If Section 2 . DECLARATION OF REASONABLENESS OF SCHEDULE.
That , based upon a detailed study of the use of sewer facilities
(including, but not necessarily limited to the aforesaid
Engineer ' s Report) , the following schedule of rates, fees, tolls
and charges for the use of, and the services rendered by the
sewer facilities as furnished by or through the joint system,
are hereby found and declared to be reasonable, equitable, fair
and just, taking into account and consideration all relevant
factors .
Section 3 . BASIC SEWER RATE SCHEDULE. That the
schedule of rates, fees, tolls and charges for sanitary sewer
service for all users shall be as follows :
Monthly Rate
Per Unit For Monthly Rate
Facility Per Unit For
Type of Facility Inside the Facility Outside
and Units Town Limits the Town Limits
i
1. Residential
(a) per each home
with single
bath $ 4 .00 $ 6 .00
(b) additional
charge per each
bath over one
in each home 1 .00 1 . 50
2 . Mobile Homes
(a) per each home
with single
bath 4 . 00 6 . 00
(b) additional
charge per each
bath over one
in each home 1 . 00 1 . 50
3 . Per Each Restaurant
with:
(a) average seating per
meal of under 20
persons 20 .00 30 . 00
(b) average seating per
meal of 20 persons
or more but less
than 40 persons 30 .00 45 . 00
(c) average seating per
meal of more than
40 persons 50 .00 75 . 00
4 . Service Stations
(a) per each station
with car wash 20. 00 30 . 00
(b) per each station
without car wash 10. 00 15 . 00
5 . Washracks - per stall 10 .00 15 . 00
6 . Motels and Hotels
per each rental unit 4 . 00 6 . 00
-35-
s
Monthly Rate
Per Unit For Monthly Rate
Facility Per Unit For
Type of Facility Inside the Facility Outside
and Units Town Limits the Town Limits
7 . Apartments and
Condominiums
(a) per each living
unit with single
bath $ 4 . 50 $ 6 . 75
(b) additional
charge for each
bath over one in
each living unit 1 . 00 1 . 50
8. Office Buildings -
charge per each suite 5 . 00 7 . 50
9 . Arcades - per each
toilet 4 .50 6 . 75
10 . Laundries - charge
per each washing
machine 5 . 00 7 . 50
11 . Schools - charge per
each toilet 4 . 50 6 . 75
12 . Hospitals - charge
per bed 2 . 00 3 . 00
13 . Drive-In and Take Out
Eating Establishments
selling ice cream or
prepared food or bev-
erages with prepared
food and other similar
establishments , where
more than 50% (based
on dollar sales) of
such items sold
are consumed outside
of the buildings where
sold - charge per
establishment 40 . 00 60 . 00
14 . Trailer Disposal -
per each station 50 . 00 75 . 00
15 . Overnight Trailer Park
per stall 4 . 00 6 . 00
16 . Funeral Homes - per
home 50 . 00 75 . 00
17. Laundries in Hotels
and Motels - per
washing machine 5 . 00 7 . 50
18 . Commercial and
Governmental :
(a) drug stores with
lunch counter -
per store 30 . 00 45 . 00
-36-
. a
Monthly Rate
Per Unit For Monthly Rate
Facility Per Unit For
Type of Facility Inside the Facility Outside
and Units Town Limits the Town Limits
(b) All commercial
establishments and
government facili-
ties (not specifi-
cally covered by
this schedule) and
employing 9 or less
persons - per each
toilet $ 4 . 50 $ 6 .75
(c) All commercial
establishments and
government facili-
ties (not specifi-
cally covered by
this schedule) and
employing 10 per-
sons or more - per
fl each toilet 10 . 00 15 . 00
Section 4 . TAP AND CONNECTION FEES. That the owner
jof any stricture may enter into a service contract with the
Town for sewer service to such structure upon paying the actual
sewer connection costs to the Town.
I Section 5 . BILLING PROCEDURE - DISCONNECTION. That
all bills for fees , rates, tolls and charges for sewer service
or facilities furnished or served by or through the joint system
shall be rendered on the first day of each and every month in
the month next succeeding the month (or fraction thereof) in
which the service was rendered and shall be due within thirty
days from the date when rendered ; and in the event said bills
are not paid within thirty days after the date when rendered ,
the fees, rates , tolls and charges due shall be forthwith
collected in a ] awful manner , including, but not limited to ,
disconnection of the property , subject to any delinquency,
from the municipal water facilities . Water charges shall be
billed jointly with any sewer charges; and each bill shall show
separately such water and sewer charges.
Section 6 . DISCONNECTION AND RECONNECTION. That a
disconnection charge in the amount of $5.00 plus the actual cost
incurred by the Town shall be made against the property owner
by the Town for each such shutoff or discontinuance of water
service by the Town to enforce the payment of any such water
or sewer charge delinquency or for any other disconnection
from the joint system. Upon the payment in full of all delinquent
fees, rates, tolls and charges then due in connection with any
inhabited property, upon the payment of a reconnection fee of
-37-
y e.
1
$5 . 00 and upon the :issuance by the Town Clerk of a reconnection
permit, such property may be reconnected to the joint system at
the expense of any owner thereof .
Section 7 . LIEN AND ENFORCEMENT. That pursuant to
Sections 14-22-6 and 14-35-1. to 14-35-5 , both inclusive , New
Mexico Statutes Annotated , 1953 Compilation, and all laws there-
unto enabling, all fees , rates , tolls and charges shall be
payable by the owner , personally, at the time said fees , rates ,
tolls and charges accrue and become due, and constitute a per-
petual lien on and against the tract or parcel of land. served.
Pursuant to said Section 14-22-6 , any such lien shall be forthwith
foreclosed in the same manner as provided by Sections 14-35-1
to 14-35-5 , both inclusive, of said compilation, to enforce such
lien as to each tract or parcel of land which shall be delinquent
in the payment of charges imposed hereunder. The lien against
the real estate shall otherwise be foreclosed in the same
manner that mortgages or other liens are foreclosed in New
Mexico with like rights of redemption as may be provided by
such statutes as from time to time amended and supplemented .
Section 8 . REVISION OF SCHEDULES . That nothing in
this ordinance contained shall be so construed in such a manner
as to prevent the revision, modification, increase or decrease ,
h by the Board , from time to time , of the fees , rates, tolls and
k
charges herein fixed, prescribed , established and levied , sub-
ject to any limitation in any covenant of the Town for the pro-
tection of any holder of any bond, security or other obligation
payable from any revenues of all or any part of the joint
system.
Section 9. DELEGATED AUTHORITY. That the City Manager
is authorized to establish any additional rules and regulations
relating to such sever rates as he may determine to be proper or
necessary, and to generally interpret and administer this ordinance.
The officers of the Town be , and they hereby are, authorized and
directed to take all action necessary or appropriate to collect
the fees, rates , tolls and charges hereinabove prescribed and
otherwise to effectuate the provisions of this ordinance .
Section 10 . LIBERAL CONSTRUCTION. That this ordinance ,
being necessary to secure the public health, safety, convenience
and welfare, shall be liberally construed to effect its purpose .
Section 11. REPEALER . That all orders , by-laws,
motions , resolutions and ordinances , or parts thereof , in con-
flict with this ordinance are hereby repealed (provided that
this ordinance shall not affect the schedule of rates , fees,
-38-
d
tolls and charges for the water facilities) . This repealer shall
not be construed to revive any order , by-law, resolution, or
ordinance, or part thereof, heretofore repealed.
Section 12 . SEVERABILITY. That if any section para-
graph, clause, individual rate or provision of this ordinance
shall for any reason, be held to be invalid or unenforceable,
the invalidity or unenforceability of such section, paragraph,
clause, individual rate or provision shall not affect any of
the remaining rates or provisions of this ordinance .
Section 13 . EMERGENCY CLAUSE AND EFFECTIVE DATE.
That this ordinance is necessary for the preservation of the
public health, peace and safety of the inhabitants of the Town;
and that by reason of the fact that substantial revenues are need-
ed forthwith to properly operate, maintain and improve the joint
system, and to promptly pay the Town ' s bonds and obligations pay-
able from the revenues of the joint system, this ordinance
is hereby declared to be an emergency measure on the ground of
urgent public need, and, therefore, immediately upon its adop-
tion by the Board and upon its final passage, this ordinance
shall be recorded in the book of ordinances of the Town kept
for that purpose , authenticated by the signatures of the Mayor,
and Town Clerk, and shall be published one time in full in the
Taos News , a newspaper which maintains an office in, and is of
general circulation in the Town, and said ordinance shall be in
full force and effect at 12 :01 o 'clock a.m. on the lst day of
June , 1973 .
Y.
PASSED, ADOPTED, SIGNED AND APPROVED this day
of 1973 .
Mayor
(SEAL)
Attes
Tow Clerk
-
'-
I , Phil7.ip Cantu, Jr . , Mayor of the Town of Taos , New
P4exici, do hereby declare an emergency exists with respect to the
foregoing ordinance (i.e. Ordinance:? No. � ) because the in-
crease in revenues resulting from the sewer rate schedule is
necessary to permit the financing of extensions , enlargements and
improvements to the Town' s joint water and sewer system and there-
-39-
}
by necessary to alleviate an immediate danger to the public
health, safety and welfare of the Town; and because public
hearings on such schedule heretofore have been held and because
of such emergency, prior publication of such ordinance prior to
its adoption hereby is declared to he unnecessary.
WITNESS my hand this
kw-
day of May, 1973 .
rte""
ayor
-40-
Thereupon the Mayor declared that such ordinance is
an emergency and that publicatic n p- for to adoption by the
Board is unnecessary, such declaration being set .forth in full
in the statement attached to such ordinance .
It was then moved by Trustee yC and seconded
by Trusteel,.�,,n. e S, t,'Sre�$hat all rules of this Board which might
prevent , unless suspended , the final passage and adoption of
this ordinance at this meeting be, and the same hereby are ,
suspended for the purpose of permitting the final passage and
adoption of this ordinance at this meeting.
The question being upon the adoption of said motion and
the suspension of the rules , the roll was called with the follow-
ing result :
Those Voting Aye : Lawrence Santistevan
Fernando Valdez
Martin Vargas
Eloy Jeantete
Those Voting Nay: A/O f7 E.
Those absent : i „ Jar
members of the Board having voted in favor of
said motion , the presiding officer declared said motion carried
and the rules suspended.
Trustee/- then moved that said ordinance be
passed and adopted as read. Trustee),,,r aU,_ ,{;St,,,,econded the
motion. The question being upon the passage and adoption of
said ordinance , the roll was called with the following result :
Those Voting Aye : Lawrence Santistevan
Fernando Valdez
Martin Nrargas
Eloy Jeantete
Those Voting Nay: Acne_
j Those absent :
IThe presiding officer thereupon declared that
Trustees having voted in favor thereof. , the said motion was car-
ried and the said ordinance duly passed and adopted.
After the consideration by the Board of other business
unrelated to the Town ' s utility revenue bonds and the joint
�41-
water and sewer system, the meeting, on motion duly made, second-
ed and unanimously carried, was adjourned.
r r
(SEAL)
Attest :
own e
{
-42-
STATE OF NEW MEXICO )
COUNTY OF TAOS ) SS .
'.DOWN OF TAOS )
I, Kate Romero, Town Clerk of the Town of Taos , New
Mexico , do hereby certify:
1 . The foregoing pages numbered from 1 to 42 , in-
clusive, constitute a full and correct copy of the record of
the proceedings taken by the Board of Trustees of said Town at
a SP� ��/ meeting thereof, held on the /Sy day of
1973 , so far as said minutes relate to two ordinances, a copy
of each of which is therein set forth; said copies of said
ordinances as contained in said minutes are full , true and
correct copies of the original of said ordinances as passed
by the Board of Trustees at said meeting, and said original
ordinance has been duly authenticated by the signatures of the
Mayor of the Town cf Taos and myself as Town Clerk, sealed with
the corporate seal of said Town, signed and approved by the
Mayor thereof , and recorded in my office.
2 . The Mayor and 3 members of the Board of Trustees
were present at said meeting, and the members of said Board of
Trustees voted on the passage of said ordinance as in said
minutes set forth, and said ordinance was on the A:�L—t day of
, 1973 , published by title and a general summary of
its subject matter in the Taos News, a newspaper which maintains
an office in and is of general circulation within said Town.
3. No other business concerning said ordinance was
taken at said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said Town of Taos this day of /Y�(� / 1973.
Clefk
(SEAL)
-43-
(Attach Affidavit of Publication of Title and
Summary of Ordinance No. , i .e. Bond Ordinance)
-44-
(Attach Affidavit of Publication of Title and Summary of
Ordinance No. , i.e. , the Sewer Rate Ordinance)
-45-