622-76 TOWN OF AOS
ORDINANCES
YEAR: '7 6
NUMBER:
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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.
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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 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
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5. Washracks - per stall 10.00 15.00
6 . Motels and Hotels
per each rental unit 4 :00 6.00
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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
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17. Laundries in Hotels
and Motels - per /
washing machine 5.00 7.50
.18 . Commercial and
Governmental :
(a) drug stores with
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lunch counter -
per store 30.00 45.00 i
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+,.. .,.. 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, �,
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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 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
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!� AMENDMENT TO ORDINANCE N0. 622
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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
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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,
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payable from the net revenues of the Joint System, i.e. the Town of Taos Joint
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Water and Sewer Refunding Revenue Bonds, Series July 1, 1963, as authorized
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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
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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-
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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
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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
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( corporation or other entity tampering with a meter in such a way as to produce
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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
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sewer system without notifying the Town of Taos and paying the established fee; '
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iy whoever commits any of the above acts is guilty of a petty misdemeanor, which
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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
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