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ORDINANCE 1999-K ORDINANCE ESTABLISHING RULES AND
REGULATIONS Be it ordained by the governing body of the Town of Cochiti Lake that the following rules and regulations governing water/sewer service within the Town of Cochiti Lake. NOW, THEREFORE, IT IS ENACTED BY THE ASSEMBLY OF THE TOWN OF COCHITI LAKE AS FOLLOWS: Section 1. Effective Date and Repealer. This Ordinance shall become effective thirty (30) days from and after its enactment and all other Ordinances, Resolutions, Orders, Rules and Regulations in conflict herewith shall be repealed as of said effective date of the Ordinance.Section 2. Definitions. Unless otherwise expressly designated, “Town” shall mean the Town of Cochiti Lake, "Assembly" shall mean the Town Assembly of the Town of Cochiti Lake: "Tribe" shall mean the Pueblo de Cochiti; "Property Owner" shall mean any person who holds a leasehold or sublease-hold interest within the Town of Cochiti Lake; "User" shall mean any person, commercial or private entity using the Town water/sewer service or system and water usage.Section 3. Management of Water/Sewer System. The Town of Cochiti Lake shall manage, control and operate the Town water/sewer system. The Town of Cochiti Lake shall have the power to collect water/sewer rates and enforce all rules and regulations concerning the Town's water/sewer system and water usage.Section 4. Application for Service and Conditions for Water/Sewer Service. Before the Assembly shall undertake the obligation to provide water/sewer service to any user, the User seeking such service shall first make application to the Town upon the appropriate form.Section 5. Adoption of Rules and Regulations. There are hereby adopted rules and regulations for the Town of Cochiti Lake. The Town Assembly shall have the right and power, from time to time, to alter, amend, change and make supplements to these rates, rules and regulations, by appropriate ordinance or resolution.Section 6. Adoption of Rates. Rates covering water/sewer service shall be adopted by resolution, made part hereof and incorporated herein by reference. The Town Assembly shall have the right and power, from time to time, to alter, amend, change, and make supplements to these rates by appropriate resolution.Section 7. Billing for Water/Sewer Service. Bills for water/sewer service shall be rendered the first day of each month. In the event the account is more than 30 days past due and if arrangements for payment have not been made, then a notice will be posted on the User's residence or commercial business advising the User that water/sewer service will be terminated after the passage of 3 days from the posting of that notice.Section 8. Manual shut-off Valve. There shall be installed by the Town for the use of the Town a manual shut-off valve on the User's side of the Town's meter box in front of any take-off for the User's use of water. Said shut-off valve shall be installed by the Town connecting said User's water pipelines for his property for the Town's water service facility. Said shut-off valve shall be maintained, repaired and renewed by the Town of Cochiti Lake as needed, and said shut-off valve shall be the sole means by which a User may stop the flow of water from the Town's facility into said User's property. Such shut-off valves shall not be used or in any way molested or manipulated by Users of water except in cases of emergency.Section 9. Responsibility of Town. When turning on the water supply as requested to a vacant building, the Town will endeavor to ascertain if water is running on the inside of the building. If such occurs, the water will be shut off at the curb cock on the inlet side of the meter. The Town's jurisdiction and responsibility ends at the property line and the Town will in no case be liable for damages occasioned by water running from open or faulty fixtures, or from broken or damaged pipes inside the property line.Section 10. Operation of Cocks, Valves or Gates. No one except an authorized representative of the Town shall at any time or in any manner operate the curb cocks or valves, main cocks, gates or valves of the Town's system, or their connections, mains or other parts of the Town's water/sewer system.Section 11. Turn-offs. The Town shall attempt to notify customers of expected service interruptions; however, the Town shall have the right to turn off the water from the mains and pipes of the system in case of emergency, without notice.Section 12. Permission to Turn On Water. It shall be unlawful for any person to turn on the water after the same shall have been turned off as herein provided, without the written consent of the Town of Cochiti Lake.Section 13. User Complaints. Users shall report to the office of the Town any leaks, failure of water supply or other matters requiring the attention of the Town. All complaints to the Assembly must be made in writing and filed with the Town Clerk.Section 14. Termination of Water/Sewer Service. Users must notify the Town in writing when they wish to terminate service. On or within 3 days following the requested date, the Town will discontinue the service, pro-rate the monthly charges, and refund to Users any difference between their deposit and the charges owed to the Town. Any amount owed to the Town for water/sewer service shall be paid by the Users.Section 15. Wasting of Water. Users should not permit leaks or wastage of water. Any water running from open or faulty fixtures within the property line are the responsibility of the User to repair as soon as possible.Section 16. Ingress and Egress. Authorized representatives of the Town shall have the right of ingress and egress to the User's premises at reasonable hours for any purposes connected with the furnishing of water/sewer services.Section 17. Town Held Harmless. All Users for water/sewer service shall be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connections and to hold the Town harmless for any damages arising out of low pressure or high pressure conditions or interruptions in service. The Town assumes no responsibility for loss or damage due to lack of water or pressure, either high or low, and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shut downs and variations required by the operation of the system.Section 18. Emergency Repairs. The Town shall not accept any responsibility for the maintenance of pressure and it reserves the right to discontinue service while making emergency repairs and shutdowns required in the operation of the water/sewer system.Section 19. Water Shortages. The Town will not be liable for interruption or shortages of supply, nor for any loss or damage occasioned thereby. Should total demands approach or exceed capacities of the Town's water or sewer systems, Users may be subject to strict rationing. Such rationing shall continue until added capacity can be installed to meet added demands. During times of threatened or actual water shortage, the Assembly may order the apportionment of the available water supply among Users in the most equitable manner deemed possible with due regard to public health and safety.Section 20. Compliance with Ordinance.A. For the failure of the User to comply with all or any part of this ordinance, and any resolution or order fixing rates or charges for water/sewer service, the Users water/sewer service shall be discontinued and the service shall not be reinstated to such User until the User has complied with the rule or regulation, rate, or charge which has been violated.B. An application to the Town for water/sewer service will signify the applicants responsibility and intention to comply with this and other ordinances or regulations relating to the rendition of water/sewer services by the Town and to make payment for such service as required herein. In the event that the User is a Renter and does not fulfill the responsibilities of this Ordinance, the final responsibility lies with the property owner.Section 21. Complaints Filed with Assembly. Any User subject to this ordinance who feels aggrieved by any action to this ordinance, shall have the right to file a written complaint with the Town Assembly not later than 5 days after such action.' The Assembly shall consider such complaint at its next regular meeting. The decision of the Assembly shall be final and unreviewable.Section 22. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications or the ordinance which can be given effect without the invalid provision or application, or to the end, the provisions of this ordinance are severable.DULY ADOPTED THIS _____ day of ______________, 1999 by the Assembly of the Town of Cochiti Lake, at a meeting thereof, at which a quorum was present, _____ voting for and _____ voting against. ____________________________________ _________________________________ Paul Jaeger, Mayor Robert Roth, Assembly Member ____________________________________ _________________________________ Maureen Johnson, Assembly Member Bob Wheeler, Assembly Member ____________________________________ _________________________________ Sandra Small, Assembly Member
Marvin Valdo, Executive Director Attest: ____________________________________ Ronald Herrera, Town Clerk
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