ORDINANCE 2005-0
AMENDING TITLE 9
SECTIONS 1-6
WHEREAS, the Village Council of the Village of Capitan, New Mexico is
charged with making laws to protect the safety, health and general
welfare of the Village and its citizens, and;
WHEREAS, amend the utility payments, fees and charges to update and
keep up with the rising cost of supplies, fees and labor to operate the
enterprise, and;
WHEREAS, the governing body of the Village of Capitan believes it is in
the best interest of the community and the council to amend the utility
ordinance, and;
NOW THEREFORE, BE IT ORDAINED by the governing body of the Village of
Capitan, County of Lincoln, State of New Mexico, at its regular meeting
on the day of , 2005 that;
Ordinance 2005-0 - Title 9 Sections 1-6 UTILITY PAYMENTS, FEES AND
CHARGES is hereby adopted to read set forth herein.
PASSED, APPROVED AND ADOPTED this day of
2005.
VILLAGE OF CAPITAN
COUNTY OF LINCOLN
STATE OF NEW MEXICO
Steven M. Sederwall, Mayor
ATTEST:
Anna Gail Grassie, Village Clerk/Treasurer
CHAPTER 1 NOTE: REFERENCE TO SPECIFIC ORDINANCE AUTHORITIESHAVE NOT
BEEN CHANGED, OR ADDED PENDING TRUSTEE ACTION.
UTILITY PAYMENTS; FEES AND CHARGES
SECTION:
9-1-1: Application For Utility Service
9-1-1: Responsibility For Payments, Liens And Deposits
9-1-2: Water Turn Off Or Turn On Fee
9-1-3: Returned Checks
9-1-4: Utility Bills; Payment; Penalty
9-1-5: Delinquent Charges, Payment In Full
9-1-1: APPLICATION FOR UTILITY SERVICE: Application for utility service
shall be made to the village clerk by the owner or authorized agent of
the owner of the property to be benefited designating the location of
the property, stating the purpose for which the utilities will be used,
and designating a permanent mailing address for the owner or owner's
authorized agent so that notices regarding payments, delinquencies,
liens and deposits may be sent by the village to the owner. The owner
must notify the village clerk or his/her designee, in writing, of any
change of said address and must notify the village clerk of the
permanent mailing address if that information is not on file at the
time this chapter is adopted by the village. (Ord. 99-1, 6-14-1999)
9-1-2: RESPONSIBILITY FOR PAYMENTS, LIENS AND
DEPOSITS:
A Payment By Owner; Lien: All charges imposed in this
chapter, along with interest as provided by law, and aft costs,
expenses, and attorney fees incurred in enforcing the same, are:
1 Payable by the owner, personally, at the time the
charge accrues and becomes due; and
2 A lien upon the tract or parcel of land being
served from such time. The lien shall be filed and enforced as provided
by law.
B Responsibility of Renter: Subsection A of this
section shall not apply if an owner notifies the village that utility
charges which may be incurred by a renter will not be the
responsibility of the owner. This notification shall be given in
writing prior to the initiation of the debt and shall include the
location of the rental property.
C Deposit Required; Refund:
1 Requirement: The person(s) in whose name the
utility service is ordered shall post a deposit prior to the
installation of utility service by the village.
2 Owner, Deposit Amount: If the person(s) ordering
the utility service is the owner of record of the property, he will be
required to post a security deposit of one hundred dollars ($100.00)
prior to the installation of any utility service.
3 Refund Of Deposit: If utility bills are paid on
time for a period of four (4) years, the security deposit will be
refunded by the village.
4 Tenants, Deposit Amount: For utility service
ordered by tenants, the person in whose name the utility service is
ordered shall be required to post a security deposit of one hundred
fifty dollars ($150.00) prior to the installation of any utility
service.
5 Multiple Units; Deposits For Each(See also subsection 9-2-4A of this
title.): In the event a water meter serves more than one unit, then the
deposit shall be multiplied by the number of units serviced by the
water meter.
I Deposit To Satisfy Delinquent Charges; Lien:
Delinquent charges may be satisfied in whole or in part by drawing upon
the deposit. At such time as the deposit is used to satisfy a
delinquent charge, the village shall cause to be sent a notice of
delinquency to the property owner (if the service is being provided to
a tenant), to the most recent address provided by said property owner
pursuant to the provisions of section 9-1-1 of this chapter.
Thereafter, the village may file a lien on the property served as set
forth in subsection A of this section, and proceed in accordance with
the provisions of New Mexico Statutes Annotated section 3-36-1 et sag,
(Ord. 99-1, 6-14-1999)
9-1-3: WATER TURN OFF OR TURN ON FEE: There shall be
a charge of forty dollars ($40.00) for administrative costs for water
being turned on or off at the, meter, or for reconnection. (Ord. 99-1,
6-14-1999)
9-1-4: RETURNED CHECKS: There shall be an additional
service charge of twenty seven dollars and fifty cents ($27.50) or such
other amount as imposed by the board of trustees from time to time for
any check returned to the village of Capitan as unpaid. (Ord. 99-1,
6-14-1999; amd. 2002 Code)
9-1-5: UTILITY BILLS; PAYMENT; PENALTY:
A Reading Meters; Sending Statements: Water meters
shall be read monthly; and, if need be, statements
for service may be billed in prearranged monthly customer cycles to
expedite billing and payment.
B. Due Date: All utility bills shall be and become due and payable the
fifteenth of the month, or first business day thereafter, after the
mailing of a statement thereof on the respective billing cycle date.
C. Late Fee; Water Meter Turn Off, Charges,
1 . Should payment not be received by due date, a ten dollar ($10.00)
late fee will be assessed. If after 30 days from the due date, payment
has not been received, the village- clerk shall, in the normal course
of business, have the water me-ter turned off.
1 The meter shall thereafter be checked
periodically-, and, should it show usage, said meter shall be removed
forthwith by the village-, and a charge of seventy five dollars ($75.
00) shall be levied for said removal. A fee of one hundred dollars
($100. 00) shall be charged by the village for replacing any meter
removed, pursuant to this section (See also subsection 9-2-6C of this
title.).
2 In addition, any person tampering with a meter may
be subject toadditional penalties under section 9-2-16 of this title.
(Ord. 99-1, 6-14-1999)
9-1-6- DELINQUENT CHARGES PAYMENT IN FULL: In case
there are any delinquent water
charges and the water meter has been turned off and/or removed, service
shall not be reinstated until all past due charges,
penalties, interest, and any charges incurred,
including deposit and payment for reinstallation of meter (if
applicable), have been paid in full. (Ord. 99-1,
6-14-1999)
CHAPTER 2 NOTE: REFERENCES TO SPECIFIC ORDINANCE AUTHORITIES HAVE NOT
BEEN CHANGED, OR ADDED, PRIOR TO TRUSTEE ACTION.
WATER SERVICE REGULATIONS
SECTION:
9-2-1: Administration
9-2-2: Water Connection Required
9-2-3: Size Of Service Tap
9-2-4: Metering Water; Units Served; Multiple Meters
9-2-5: Service Line Regulations
9-2-6: Removal And Installation Of Meter; Tap Fee
9-2-7: Water Rates
9-2-8: Commodity Charges
9-2-9: Unmetered Service
9-2-10: Water Leakage Or Meter Problems
9-2-11: Payment Priorities Of Water Revenues
9-2-12: Unlawfully Turning On Meter
9-2-13: Illegal Water Hookups
9-2-14: Specific Replacement Costs For Damage
9-2-15: Meter Tampering
9-2-16:Water Restrictions
9-2-1: ADMINISTRATION: The village clerk and utility superintendent,
and/or their designees, shall have the overall control and management
of all things pertaining to the municipal utility system and shall
perform all acts that may be necessary for the prudent, efficient and
economical management and protection of said utility system, subject to
the approval and confirmation of the board of trustees. The board of
trustees may prescribe user service rates and other rules and
regulations as it may deem necessary. (Ord. 99-1, 6-14-1999)
9-2-2: WATER CONNECTION REQUIRED:
A Property Adjoining Water Line: Each tract of land
in the village used for human habitation or occupancy, which adjoins
any water line of the village water system, or roadway or other right
of way containing such a water line, shall be connected to the village
water system
B Maintaining Water Well Restricted: No person shall use or maintain
any water well on any premises unless any and all structures for
habitation or occupancy on those premises are served with water from
the village water system.
C Inspection For Cross Contamination: On any premises
where there is a water well, the village utility superintendent, or the
utility superintendent's designee, shall inspect the connections to the
village water system to ensure that there is no cross contamination to
the village water system from the well. (Ord. 99-4, 8-9-1999)
9-2-3: SIZE OF SERVICE TAP:
9-2-4:
A. New Service: The utility supervisor and/or the
person designated by the village of Capitan shall determine the size of
the tap, and the required extension, if any, of the water line to the
property line. The standard tap shall be 3/4" in diameter. If
requested, considering the water supply and service facilities, the
board of trustees may approve a larger tap. Where a larger tap is
permitted, the cost of the tap will be fixed by the board of trustees.
Cost will be determined by the cost of materials and labor to provide
the connection, but in no instance shall less than the charge for a
3/4' tap.
Upgrade of Existing Service: Where a request for a tap larger than
originally installed is requested, considering the water supply and
service facilities, the board of trustees may approve a larger tap.
Where a larger tap is permitted, the cost of the upgrade will be fixed
by the board of trustees. Cost will be determined by the cost of
materials and labor to provide the upgrade to the larger connection
9-2-5: METERING WATER, UNITS SERVED; MULTIPLE METERS:
A Meters Required.- All village water shall be
distributed only through meters. Except as provided in this section, no
meter shall serve more than one unit on any lot or tract of land (See
also subsection 9-1-2C5 of this title.)
B Unit Defined: For purposes of this section, 'unit'
means any part of the property intended for residential or commercial
use, including one or more rooms or enclosed spaces interconnecting,
located on one or more floors in a building, and with a direct exit to
a public street or highway or to a common area or mall leading to a
public street or highway. "Unit" includes a lot or space for
recreational vehicles, trailers, and mobile homes, but does not include
a room in a hotel, motel or tourist cabin.
C Compound Or Multiple Meters: Compound or multiple
meters are permitted to serve any tract of land served by these meters
on October 10, 1994, and meters serving more than one unit are
permitted to continue to serve any tract of land so served on June 14,
1999. Where these meters are permitted, the minimum. monthly charge
shall. be the minimum monthly charge for the size of meter (as set out
in this chapter) multiplied by the number of units receiving service.
There shall be a commodity charge for all water exceeding four thousand
(4,000) gallons times the number of units receiving service. Any
compound or multiple meter, or multiple use, that is discontinued shall
thereafter comply with subsection A of this section.
D Single Meter: A single meter may serve, in addition
to one "unit" as defined insubsection B of this section, up to three
(3) nonhabitable structures. This includes barns, sheds, and shops, and
other structures that have no bathing or sleeping facilities. (Ord.
99-6)
9-2-6: SERVICE LINE REGULATIONS: Except as indicated
in section 9-2-4 of this chapter, no more than one building shall be
permitted to use a water service line. Each service line shall contain
a stop and waste cock where the meter may be turned off. (Ord, 99-1,
6-14-1999-)
9-2-7: REMOVAL AND INSTALLATION OF METER; TAP FEE:
A New Tap And Service Connection:
1 Upon application for a new tap and service
connection by any consumer within the corporate limits of the village,
the applicant shall pay one thousand two hundred fifty dollars
($1,250.00) to cover the cost of a three-fourths inch (3/4") tap,
installation of the tap, and necessary pipe from the main to the curb
box.
2 The tap shall be installed by the village. The
village shall own and maintain the water line from the main to the curb
box and the property owner shall own and maintain the water line from
the curb box to the premises served.
3 The charge for any line extension shall be based
upon the invoice on materials. There shall not be a connect or turn on
fee as set forth in section 9-1-3 of this title when the tap and
service connection is a new one.
4 The property owner shall be required to install a
shutoff valve on his/her side of the curb box for all new connections.
B Installation Charges: Installation charges for new
meters and water fines larger than three-fourths (3
/4) meter shall be based upon the invoice cost of said meter, stopcock,
box and line, together with a reasonable charge for
labor for the installation thereof
C Meter Removal And Reinstallation Charges (See also
subsection 9-1-5.C.2.of this title,)
1 There shall be a charge of seventy five dollars ($75.00)
to have the village pull or remove the meter, or when the meter is
removed for failure to pay delinquent water bills
2 There shall be a charge of one hundred dollars
($100.00) to reinstall any meter previously removed from any property,
(Ord. 99-1, 6-14-1999)
9-2-8: WATER RATES: Water rates, for zero to four
thousand (4,000) gallons' usage
(base rate), excluding New Mexico gross receipts
taxes, shall be as follows:
A Municipal Rates:
Meter Size
Residential
Institutional-
Commercial
Industrial
3/4 inch
$20.00
$23.20 $36.00
1 inch
$20.00
$36.00
$68,00
1 1/2 inches
$20.00
$36.00
$68.00
2 inches
$20.00
$69.00
$100.00
$20.00
$20.00
$68.00
$100.00
B Service Outside Corporate Limits; Village Approval:
Any person requesting service outside the corporate boundaries of the
village shall make application to the village water advisory board.
That board shall make its recommendations to the board of trustees.
Approval of the board of trustees must be granted prior to connection
of service.
C Meter Installation-, Extraterritorial Water
Connections (See also section 2-1-8 of this code.): The cost for
installation of the meter shall be as set forth in this chapter.
Existing and duly approved extraterritorial water connections shall be
charged at one and one-half (1 5) times the rates set forth herein,
including commodity charges for increments of water usage, as set forth
in this chapter, (Ord. 99-1, 6-14-1999; am 2002 Code)
9-2-9: COMMODITY CHARGES:
A Residential Usage:
Gallons Per Month
Gallons Per
Month
Charge pre
Uasge in Excess
of
to Maximum of
1,000 Gallons
4,000
20,000
$2.28
20,000
35,000
4.00
35,000
50,000
$8.00
50,000
75,000
$16.00
75,000
100,000
$32.00
100,000
125,000
$64.00
125,000
$128.00
B Commercial-institutional; Industrial Commodity
Charges:
Gallons Per Month
Gallons Per
Month
Charge pre
Uasge in Excess
of
to Maximum of
1,000
Gallons
4,000
20,000
$2.28
20,000
50,000
$3.00
50,000
75,000
$4.00
75,000
100,000
$5.00
100,000
125,000
$6.00
125,000
$12.00
(Ord. 99-1, 6-14-1999)
9-2-10: UNMETERED SERVICE:
A Unmetered Service For Certain Uses Only: Unmetered
service shall be allowed for private fire protection, or such other
uses as may be specifically approved in writing by the mayor and/or
board of trustees. Unmetered service for any other purpose win be a
violation of this chapter and subject to a penalty and/or fine in
accordance with section I 4-1 of this code. (Ord. 99-1, 6-14-1999; amd.
2002 Code)
B Rates Established:
1 All water withdrawn from a fire hydrant, pursuant
to the provisions of subsection A of this section, shall be charged at
a commodity rate of twenty dollars
($20.00) per one thousand (1,000) gallons.
2 Water taken from fire hydrants shall be metered
with a meter provided by the village There shall be a five hundred
dollar ($500,00) fee, of which two hundred fifty dollars ($250.00) is
refundable to the permittee upon return of the meter in as good order
and condition as received.
3 Forest Service Fire Hydrant-, Charges: All water
drawn from the hydrant at the U.S. forest service will be charged at
the commodity rate of two dollars ($2. 00) per one hundred (100)
gallons or twenty dollars ($20.00) per one thousand (1,000) gallons.
(Ord. 99-1, 6-14-1999)
9-2-11: WATER LEAKAGE OR METER PROBLEMS:
A No Charge: There shall be no
charge for turning meters on or off when a water problem or leakage
problem occurs before the meter, on the village's line, or at the meter.
B Shutoff Valve Installation: The charge set forth in
section 9-1-3 of this title shallapply for turning meters on or off
when a leakage problem occurs on the owner's side of the fine. It shall
be the responsibility of the owner to install a shutoff valve on
his/her side of the meter if he/she wishes to turn water off or on
without incurring the charge set forth herein. Any unit experiencing
more than two (2) leaks in any calendar year on the owner's side of the
line, and requiring the village to turn the water on or off, shall be
required by the village to install a shutoff valve on the owner's line
before water service will be turned back on.
C Review By Trustees; Set Rate: There shall be an
opportunity, at the request of an excessive user, to have the board of
trustees review and set a provisional rate for any excessive use which
occurs as the result of fine leakage or meter problems. (Ord. 99-1,
6-14-1999; amd. 2002 Code)
9-2-12: PAYMENT PRIORITIES OF WATER REVENUES:
Revenues generated by the water rate increase in excess of those
necessary to meet the debt service obligations may be used by the
village for the purchase of water system improvements, including, but
not limited to, long term water planning, purchase of additional water
rights, water studies or other reports encouraged or required by the
New Mexico state engineer's office and construction of water
facilities. The revenues identified herein as being in excess shall be
put into a specific line item in the village's annual budget in the
water/sewer fund. (Ord. 99-1, 6-14-1999)
9-2-13: UNLAWFULLY TMU41NG ON METER: When the water
department has shut off water from any premises, upon the application
of the owner or for nonpayment of water charge, or for any other cause,
it shall be unlawful for any person except employees of the water
department to again connect such premises with the water system. When
water is so turned on without authority, the water department may shut
off the water at the main, or remove a portion of the service pipe, and
shall not furnish water service again to such premises until all
charges are paid and proper guarantees that the violations shall not
reoccur are received and accepted by the village clerk. This provision
shall not apply to situations where emergencies require the water to be
shut off or the water is shut off by a licensed
plumber; provided however, that the owner or licensed plumber must
notify the village of any turning on or off of the village meter. (Ord.
99-1, 6-14-1999)
9-2-14: ILLEGAL WATER HOOKUPS: It shall be illegal
for any person or entity to receive water from an unmetered village
water source or from another person's or entity's village water supply
through use of piping, hoses, or taps into the water pipes, or to
knowingly permit an illegal water hookup to his or her system, For
purposes of this chapter, each day shall, be deemed a separate offense,
Persons violating these provisions shall be subject to fines and
penalties in accordance with section 1-4-1 of this code. (Ord. 99-1,
6-14-1999; amd. 2002 Code)
9-2-15: SPECIFIC REPLACEMENT COSTS FOR DAMAGE: In
addition to any criminal penalties which may apply, repair charges for
any damage caused by any owner or resident, or their agents or
employees to any village water system, meter, meter can, stopcock, box
and line caused by any resident, or agent thereof, shall be based upon
the invoice cost of said meter, fittings, stopcock, box and/or line,
together with reasonable charges for labor and equipment for the repair
thereof (Ord. 99-1, 6-14-1999)
9-12-16: METER TAMPERING: It shall be illegal for any
person or entity to tamper with any village water meter. For purposes
of this chapter, each occurrence shall be deemed a separate offense'
Persons violating this provision may be subject to fines and penalties
in accordance with section 1-4-1 of this code. "Meter tampering"
consists of turning a water meter on or off without permission of the
village or its utility supervisor, or otherwise adjusting or
interfering with the normal operation of any village water meter, or
tampering with a village meter that has been turned off or locked for
nonpayment or previous tampering. "Meter tampering" also includes
recklessly damaging a meter, but does not apply to emergency situations
such as water leaks where the owner or a licensed plumber notifies the
village of any turning an or off of the village meter within twenty
four (24) hours, and nonpayment is not an issue. (Ord. 99-1, 6-14-1999;
amd. 2002 Code)
9-2-17: WATER RESTRICTIONS:
A Water Emergency:
1 The board of trustees of the village shall
determine, by resolution duly adopted, when a water emergency exists by
adopting a water emergency resolution. Such designation of water
emergency shall continue until rescinded by the board of trustees. At
such times as a water emergency is declared, it shall. be illegal for
any person or entity using village water to conduct any outside
watering except in accordance with the conditions set forth in such
resolution.
2 When a water emergency is declared, notice of such
resolution shall be posted in at least three (3) places in the village,
including village hall and the Capitan post office, and at least one
other location in the village. Notification shall also be published in
a newspaper of general circulation in Lincoln County. Such resolution
shall take effect five (5) days after its passage by the board of
trustees, and thereupon, all of the provisions of this chapter relating
to water restrictions, water emergency and fines and penalties shall be
in full force and effect.
B Water Conservation Times:
1 The village has established water conservation
restrictions on the times during which outside watering may be
conducted. It shall be illegal for any person or entity using village
water to conduct watering between the hours of nine o'clock (9:00).
A.M. and four thirty o'clock (4:30) P.M. "Outside watering" includes:
a Watering lawns, yards or outside vegetation of any
kind;
b Washing automobiles, except at commercial
automobile washing establishments.
2 Notice of this restriction shall be posted in at
least three (3) places in the village, including village hall and the
Capitan post office, and at least one other location in the village.
Initially, notification shall also be published in a newspaper of
general circulation in Lincoln County.
C Water Flowing In Streets: It shall be illegal for
any person or entity to conduct any outside watering which results in
water flowing into the streets, culverts, curbs or gutters. (Ord. 99-1,
6-14-1999)
D. Violations; Mandatory Penalties:
1 Conservation: Any person found guilty of violating
the watering restrictions or water conservation provisions set forth in
subsections B and C of this section shall be subject to fines and
penalties in accordance with section 1-4-1 of this code. For the
purposes of this section, each instance of illegal watering shall be
considered a separate offense.
2 Emergency: In the event a water emergency is
declared by the village, any person found guilty of violation of the
water restrictions set forth therein shah be subject to fines and
penalties in accordance with section 1-4-1 of this code. For purposes
of this section, each instance of violating the water emergency
resolution shall be considered a separate offense. (Ord. 99-1,
6-14-1999; amd. 2002 Code)
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