Loading...
622-76 TOWN OF AOS ORDINANCES YEAR: '7 6 NUMBER: �, 2Z- 0 ] (m 1 K ORDINANCE NO. 622 • AN ORDINANCE CONCERNING THE MUNICIPAL JOINT WATER AND SEWER SYSTEM OF THE TOWN OF TAOS; LEVYING NEW SEWER RATES, FEES, TOLLS AND CHANGES; PROVIDING FOR THEIR COLLECTION; PROVIDING FOR THE DISCONTINUANCE OF SER,Z 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 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 l9t day of July, 1963; and WHEREAS the"Town presently levies rates, tolls and charges for the use of the. joint system pursuant too ordinances heretofore adopted by the Board of Trustees; and WHERF,AS, the Board of Trustees has held a number of public hearings on a new schedule of sanitary sewer rates and charges and on the 1st, day of May , 1913 adopted the schedule herein set forth, NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF TAOS, NET+I 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 rations. .. 1 . , ' 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 Unite 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 Homes (a) per each home with single bath . 4 . 00 c' 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 par 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 ti 5. Washracks - per stall 10.00 15.00 6 . Motels and Hotels per each rental unit 4 :00 6.00 1 .1' 1 •.r �'¢�, .1/r r ,' it ' i is :IS�,.i,,.:5,:,f';5 ,.:F„T � . Y +.. � •. , '.4,�+ Monthly Rate '. a w . • Per Unit For i Monthly Rate +'!`4 Facility Per Unit For Type of Facility Inside the Facility Outside .y and Units Town Limits the Town Limits 7. Apartments and Condominiums (a) per each living unit with single c bath $ 4 .50 $ 6.75 (b) additional charge for each i bath over one in i ` each -living unit 1.00 1.50 j 8.` Office Buildings - r. charge per each suite 5.00 7.50 i 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 't 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 r 17. Laundries in Hotels and Motels - per / washing machine 5.00 7.50 .18 . Commercial and Governmental : (a) drug stores with i lunch counter - per store 30.00 45.00 i 1 4r 4 , 4 +,.. .,.. Monthly Rate 'a, Per Unit For Monthly Rate Facility Per Unit For +` Type of Facility Inside the ; Facility Outside and Units Town Limits x the Town Limits 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 (a) All commercial establishments and 04 government facili- ties (not specifi- cally covered by this schedule) and ' employing 10 per- ,' ., sons or more - per each toilet 10 . 00 15. 00 r .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 fees , rates, tolls and charges for sewer service i 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 . DISCONNEC:'.P ON AND RrCONNECTION. That a disconnection charge in the amovint 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 i fees, rates, tolls and charges then due in connection with any inhabited property, upon the payment of a reconnection fee of a reconnection $5 .00 and upon the issuance by the Town Cle;k of 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, toils 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 zn 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 OP 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 Tdwn 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 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 COtJSTRUCTION. That this ordinance', being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purpose. t 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 of affect the schedule of rates, fees, �, 1 S tolls and charges. for the water facilities).: This repealer shall not be construed to revive any order , by-law, resolution,, or V ordinance, or part thereof, heretofore repealed. Section 12 SEVERABILITY. That,*,'"f 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 unenforeeability 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 Totem; 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 , authenticates] 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. , j PASSED, ADOPTED, SIGNED AND APPROVED this lst day of May 1973 . /s/ Philip Cantu, Jr. Mayor (SEAL) Attest : , /a/ Josephine Gonzales Town Clerk Y , Phillip Cantu, Jr. , Mayor of the Town of Taos , New jflexico, do' hereby declare an emergency exists with respect to the + foregoing ordinance (i.e. Ordinance No. 622 ) because the in- ' crease in revenues resulting from the sewer rate schedule is t necessary to permit the financing of extensions, enlargements and improvements to the Town' s .joint water and sewer system and there- t. y�'� elf ,• . ,: r� � � '' ,;.:►��' ( ! . :, by necessary to alleviate an immediate danger to th® public i ,�' •►w • . •;:' •.. , 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 ` „y ita adoption hereby ;is declared to be unnecdssary. WITNESS my hand this lbt day of i)ay, 1973. . ./s/ Philip Cantu, Jr. f Mayor t , i ` A y • i • i , .t t i !� AMENDMENT TO ORDINANCE N0. 622 fk PROVIDING FOR PENALTIES FOR; INSTALLATION OR DEVICES OR TAMPERING WITH METERS IN SUCH A WAY AS TO .AVOID PAYING THE WATER RATE SCHEDULE AND FOR MAKING HOOK-UPS j` TO THE TOWN OF TAGS WATER OR SEWER i� SYSTEM WITHOUT MAKING APPLICATION TO ff THE TOWN AND PAYING THE ESTABLISHED HOOK-UP FEE. .j WHEREAS, the Town of Taos, New Mexico, has recently had brought to its f i ! attention that a certain person or persons have installed meter by-passes or �jtampered with water meters in such a way as to by-pass the meter in order to it avoid paying the established water rates; and !! WHEREAS, the Town has passed various Ordinances regarding bond issues, ,f payable from the net revenues of the Joint System, i.e. the Town of Taos Joint i I Water and Sewer Refunding Revenue Bonds, Series July 1, 1963, as authorized ii j� by Ordinance 528, adopted and approved on the lst day of July, 1963; and the {; Town of Taos Municipal Joint Water & Sewer System No. 622, adopted and approved; on the lst day of May, 1973; and the Town of Taos Municipal Joint Water and !If Sewer System, Revenue Bonds, Series August 20, 1976, as authorized by Ordinance' No. 640, adopted and approved on August 20, 1976; and ?I ' WHEREAS, the Town of Taos finds it necessary, in order to pay the bond it II issues from net revenues, to eliminate the by-passing of meters and the tamper- �3 it ing with them to eliminate illegal hook-ups to the sewer system; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF TAOS, NEW MEXICO: j That Ordinance No. 622 be amended by the addition of Section 14 to that i' jI Ordinan.:e entitled TAMPERING WITH METERS AND ILLEGAL HOOK-UPS, reading as follows: ii Tampering with Meters and Illegal Hook-ups consist of any person, firm ;f I) i I i _.z.. m.�_,.........,._._..5.. �,. i ( corporation or other entity tampering with a meter in such a way as to produce I I Ifalse water readings or installing any type of by-pass in order to avoid paying ] I the rate schedule set-forth in this Ordinance, or hooking up to the water and i � I sewer system without notifying the Town of Taos and paying the established fee; ' i! iy whoever commits any of the above acts is guilty of a petty misdemeanor, which s j! shall carry a minimum fine of $100.00, and a maximum fine of $300.00 Mi DONE BY THE TOWN, this 13th gay of October 1976. MAYOR, OWN OF TAOS It ATTEST: s TOWN CLERK I ; t I 1 i f i 4 I ( I 1 iI i i t i ; I !r ; I i ! ; 1 _w77_ �_ ..,77�