PALMER LAKE, COLORADO
RESOLUTION\ORDINANCE NO. 15-2002

AN ORDINANCE RESTRICTING THE USE OF COMMERICAL RATE WATER FOR OUTSIDE WATERING AND DECLARING AN EMERGENCY

WHEREAS, The Town of Palmer Lake is experiencing a prolonged drought; and

WHEREAS, The Town of Palmer Lake has set a lower fee for water use for commercial taps to encourage business in the Town of Palmer Lake; and

WHEREAS, The Town of Palmer Lake has determined that the passage of this ordinance is necessary for the peace, health and safety of the People of the Town of Palmer Lake; and

WHEREAS, The Town of Palmer Lake has determined that allowing commercial water rates for extensive outside watering places a burden on the other rate payers in the Town of Palmer Lake, Colorado and a rate increase is warranted.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS:

Section 1. A new section 13.02.040 shall be added to the Palmer Lake Municipal Code to read as follows:

13.02.040 Requirement for Separate Meter for Commercial Users with over 10,000 square feet of outside landscape watering. All holders of a Commercial Tap who water over ten thousand (10,000) square feet of landscaping or which fill and maintain an outside swimming pool holding in excess of five thousand (5,000) gallons shall install a separate water meter for all outside watering.

Section 2. A new section 13.02.060 (B) (3) shall be added to the Palmer Lake Municipal Code to read as follows:

13.02.060 (B) (3) Commercial Users watering outside landscaping in excess of ten thousand (10,000) square feet or which fill and maintain an outside swimming pool holding in excess of five thousand (5,000) gallons, who have installed a separate meter for outside watering shall be charged the higher of the monthly commercial minimum fee and water usage charge and the residential minimum fee and water usage charge only for that meter. Commercial water users watering outside in excess of ten thousand (10,000) square feet or which fill and maintain an outside swimming pool holding in excess of five thousand (5,000) gallons, who have not installed a separate meter for outside watering shall be charged the higher of monthly commercial minimum fee and water usage charge and the residential minimum fee and water usage for all water supplied to the Commercial User.

Section 3. A new section 13.02.060 (B) (4) shall be added to the Palmer Lake Municipal code to read as follows:

13.02.060 (B) (4) Commercial Users watering outside landscaping of less than ten thousand (10,000) square feet but more than five thousand (5,000) square feet shall not be required to install a separate water meter but shall be charged the higher of the commercial minimum fee and water usage charge and the residential minimum fee and water usage charge for all water supplied to that Commercial User.

Section 4. A new section 13.02.060 (B)(5) shall be added to the Palmer Lake Municipal Code to read as follows:

13.02.060 (B) (5) Commercial Users watering outside landscaping of less than Five Thousand (5,000) square feet shall be charged the regular commercial water rates as set forth in 13.20.060 (B) (1) and (2).

Section 5. Severability. It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

Section 6. Publication and Effective Date. The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted. This ordinance shall become effective upon passage.

PASSED AND ADOPTED THIS 17TH DAY OF MAY, 2002.

NIKKI McDONALD, MAYOR

ATTEST

DELLA J. GINS, TOWN CLERK

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