ORDINANCE NO. 618

AN ORDINANCE RESTRICTING THE PRIVILEGE OF CONNECTING PROPERTY OUTSIDE THE CITY LIMITS WITH THE SEWER SYSTEM OF THE CITY OF GRAND JUNCTION AND PRESCRIBING CERTAIN REGULATIONS AND FEES THEREFOR.

 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

 Section 1. SEWER CONNECTIONS. That it is not the policy of the City to furnish sewer connection facilities for property lying outside the City limits and that hereafter no property lying outside the limits of the City of Grand Junction may be connected with the sewer system of the City of Grand Junction, except in such cases as the City Council shall find, determine and declare.

 (a) That the public health of the City of Grand Junction or its citizens is adversely affected by the failure of such property to connect with the sewer system of the City of Grand Junction;

 (b) That the sewer system of the City is adequate for all requirements of the City, as well as for the requirements of the property sought to be connected; and

 (c) That the size and type of connection and materials to be used for such connection conform in all respects with the ordinances of the City.

 After such finding and declaration, The City Council may cause a revocable license to be issued to such property authorizing the same to be connected to the sewer system of the City of Grand Junction upon the terms, conditions and provisions hereinafter set forth and hereafter adopted.

 Section 2. APPLICATION AND APPROVAL. No property shall be connected to the sewer system of the City of Grand Junction until and unless the owner thereof shall submit an application, together with a signed and sworn statement showing the plan, size and type of connection desired and the number of persons who will use the property so connected. Such plans and statement shall be referred to and examined by the City Engineer and the Plumbing Inspector of the City of Grand Junction and they shall respectively endorse their approval or disapproval of the same as complying or failing to comply with all of the ordinances, regulations and rules concerning the connections with the sewer system of the City of Grand Junction.

 Section 3. RATES AND CHARGES. On and after April 1, 1940, in all cases where the property lying outside the City limits of the City of Grand Junction has heretofore or may hereafter be connected with the sewer system of the City of Grand Junction, there shall be paid and collected for such service in addition to any connection charges heretofore or hereafter required a minimum sewer rental tax or fee of $12.00 per annum, which shall be added to and made a part of the water bill against such property, payable quarterly in advance at the same time and in the same manner, and subject to the same rules and regulations as other water bills. Such charge shall be based upon one sewer connection for each separate premises, directly or indirectly connected with the sewer system of the said City, and a total of not to exceed five drain or plumbing fixture outlets. For each drain or fixture outlet in excess of five, an additional charge of sixty cents per quarter will be made. The sewer rental charge for business or industrial establishments shall be 15% of the water bill with the above charges as a minimum.

 The above charges shall apply to, and be collected from all properties outside the City of Grand Junction which are now connected with the sewer system of said City, either directly or indirectly, except in those cases where such connection has been authorized in return for right-of-way privileges.

 Section 4. ENFORCEMENT OF COLLECTION. Such charges shall also constitute a lien upon such property so connected, and in the event said charges shall not be paid when due, the said service may be disconnected by the City of Grand Junction without further notice, by shutting off the water supply therefrom, or the City Clerk may certify the charge to the County Treasurer to be by him placed upon the tax list for the current year to be collected in the manner as other taxes are collected with a ten per centum penalty thereon to defray cost of collection, and all laws of the State of Colorado for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption of the same, shall apply to said charges levied for connection with the sewer system of the City.

 If the sewer service is disconnected by shutting of the water supply, reconnection shall be made only upon the payment of all delinquencies plus a reconnecting charge of $2.00.

 SECTION 5. UNCONSTITUTIONALITY CLAUSE. If any section or part or portion of this ordinance is held invalid by a court of law of competent jurisdiction, the remainder of the ordinance, and the application of its provisions shall not be affected thereby.

 SECTION 6. REPEAL. All ordinances or parts of ordinances in conflict herewith are hereby repealed, and all laws of the State of Colorado in conflict herewith are hereby superseded.

 Passed and adopted this 3rd day of January, A. D. 1940.

/s/ O. E. Boston

President of the Council

ATTEST:

/s/ Helen C. Tomlinson

City Clerk

 I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 618 was introduced, read and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular adjourned meeting of said body held on the 13th day of December A. D. 1939, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said City at least ten days before its final passage.

 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City, this 3rd day of January, A. D. 1940.

/s/ Helen C. Tomlinson

City Clerk

1st publication Dec. 15, 1939.

Last publication Jan. 5, 1940.