ORDINANCE NO. 760

 AN ORDINANCE AMENDING SECTIONS 4, 5, AND 6 OF ORDINANCE NO. 486, AS AMENDED, CONCERNING WATER.

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

 Section 1. That Section 4 of Ordinance No. 486, as amended, shall be and the same is hereby amended so as to read as follows:

 Section 4. FLAT WATER RATES. The following monthly flat rates as set out hereafter in this section shall be applicable to all premises where meters are not installed, and shall be payable quarterly in advance on the first day of January, April, July, and October, respectively, of each year; but upon installation by the City of a meter for said premises, such flat rates shall cease to be applicable and the meter rates established by this Ordinance shall immediately become applicable to said premises.

 For each service supplying water to dwellings having three rooms or less and not having a toilet, bath, or shower, a monthly minimum charge of $1.30, with an additional charge of 30 cents per room for each additional room over three rooms, and 45 cents per month each for the first toilet and/or first separate bath or shower. If more than one each toilet or separate bath or shower, then an additional charge of 30 cents each after the first such fixture.

 No new lawn taps shall be installed after this Ordinance goes into effect. The rate charged for lawn taps which are now in existence shall be 30 cents per front foot for the sprinkling season of 1948. All such lawn taps shall be discontinued by January 1, 1949, and thereafter water used for sprinkling the premises which are metered shall also be metered.

 Section 2. That Section 5 of Ordinance No. 486, as amended, shall be and the same is hereby amended so as to read as follows:

 Section 5. METER RATES. The following monthly rentals for water used within the city limits and measured by meter shall be as follows:

 All dwellings which use water for lawn sprinkling purposes, and for which the water is measured by meter, shall be charged on the basis of 55 per cent of the above rates during the months of April through September for all water used over and above the 3,000 gallon minimum; and if the said dwelling is located on a corner lot and two parkings are watered, then the water shall be charged for on the basis of 50 per cent of the above rates for all water used over and above the 3,000 gallon minimum during the said six months.

 As used in this Ordinance, the word "dwelling" shall mean a building occupied as a permanent abiding place by individuals, including apartment houses, but hotels and motels or motor courts shall be considered to be commercial users rather than dwellings.

 The above rates and quantities shall apply to each individual meter.

 Meters shall be placed on all water service connections outside of the city limits and the rates for water used shall be at least double the above rates, and will be permitted only when a special contract is entered into with the City upon forms furnished by the City. Each water user located outside of the city limits shall pay at least a minimum charge equal to the minimum charge within the city, and each water line taking water for users living outside of the city limit shall pay a minimum equal to the city minimum on individual users multiplied by the total number of taps on the line.

 When a meter or indicator gets out of order and fails to register correctly, a charge shall be made according to the average quantity of water used in a similar period as shown by the meter when in order.

 Section 3. That Section 6 of Ordinance No. 486, as amended, shall be and the same is hereby amended so as to read as follows:

 Section 6. METER REGULATIONS.

 (1) All store buildings, office buildings, manufactories, hotels, motels, users, other than dwellings, dwellings containing more than one living unit, and dwellings whose annual water bill will total $40.00 or more per year, shall be required to have a meter. All meters shall be of a type approved by the Department of Public Works of the City of Grand Junction. The Department of Public Works shall furnish and install meters of 2-inch size or less, and shall keep the same in repair free of charge to the consumer providing that such repairs are caused by ordinary wear or tear. All meters hereafter installed which are larger than 2-inch in size shall be purchased, installed and maintained by the consumer.

 (2) A suitable place safe from frost and other damage and accessible for examination must be provided for said meter at the expense of owner or occupant, and in all cases where the meter is injured by freezing or where it is otherwise damaged by the act of negligence of the occupant of the premises or his agent or servant, the cost of the repairs or replacing the same shall be paid by the owner or occupant, and in case of negligence or refusal to pay the same on demand, the water supply may be turned off or meter removed, or both, and shall not be again turned on until such costs and penalty of $2.00 for the turning off and on are paid.

 (3) The owner or occupant of premises where the water meter is located shall see that the meter is kept free from obstructions on or around the same, and conveniently accessible during all the reasonable hours of the day for the purpose of reading, inspecting or repairing such meter.

 (4) The City reserves the right at any time to attach meters to all service pipes at all places where water is used and to charge the quantity of water used at meter rates; provided, however, that the charge for such places shall not be less than the minimum rate.

 The City shall also have the right to charge for such meters the sum of 20 cents for a 5/8-inch meter, 25 cents for a 3/4-inch meter, 30 cents for a 1-inch meter, 50 cents for a 1 1/2-inch meter, 75 cents for a 2-inch meter, $1.00 for a 3-inch meter, $2.00 for a 4-inch meter and $4.00 for a 6-inch meter for each and every month the meter is used.

 (5) All meters which are now in service and for which the purchase price was deposited with the City shall remain the property of the person making the deposit, or upon the written request of the owner the City shall assume the ownership of the meter and place the deposit originally made to the credit of the owner. Such credit to be applied on the account of the previous owner for water used.

 (6) Upon the written request of a property owner for the installation of a meter to be placed on the water service connection which supplies water to his property, such a meter shall be installed, and thereafter the charge for water shall be by meter rates.

 (7) Provided, however, that any water user may purchase his own meter, the size and type to be determined by the City Manager, for which no rental charge shall be charged by the City, but all charges for installation, maintenance and replacements shall be paid by the owner.

 Section 4. All ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed.

 Section 5. In the opinion of the Council a special emergency exists, and this Ordinance is necessary for the preservation of the public peace, health and safety, and it shall therefore be in full force and effect immediately after its passage and final publication.

 Passed by the Council and signed by its President this 17th day of December, A. D., 1947.

/s/Porter Carson

President of the City Council

ATTEST:

/s/Helen C. Tomlinson

City Clerk

 I HEREBY CERTIFY that the foregoing emergency ordinance entitled, "AN ORDINANCE AMENDING SECTIONS 4, 5, and 6 OF ORDINANCE NO. 486, AS AMENDED, CONCERNING WATER," was introduced, passed, numbered 760 and ordered published by the unanimous vote of the members of the City Council of the City of Grand Junction at a regular meeting of said Council held on the 17th day of December, A. D. 1947.

 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City, this 17th day of December, A. D. 1947.

/s/Helen C. Tomlinson

City Clerk