ARTICLE 7

FEES AND CHARGES

7-1       GENERAL:

7-1-1    Purposes.  The purpose of the fees and charges provided in this Article is to provide for the payment of all actual costs of operating, maintaining, repairing, replacing, and expanding the District System, such costs including without limitation a reasonable contingency fund.  All such fees and charges are based upon the cost of providing the service for which such fees and charges are made and have been determined by the Board of Directors to be necessary for the recovery of all such costs.

7-1-2    Liability.  The fees and charges provided below are hereby imposed and assessed by the District for the purposes set forth in Section 7-1-1 and as more specifically set forth below.  Such fees and charges are the personal, joint and several obligation of the owners of the property for which the applicable service is furnished, but the full amount of any such fees and charges shall also be a perpetual lien against any such property, as provided by Section 32-1-1001(1)(j), C.R.S.  The District assumes no responsibility for any agreement made between Property Owners and tenants, regardless of how made and regardless of whether the District has notice thereof.  Notwithstanding the foregoing, any Plan Review, Inspection, or Disconnection/Reconnection Fee shall also be the personal obligation of any person who orders or requests the District to perform such work, even though such person may have acted in a representative capacity when doing so.

7-2       TAP FEES:  For the purpose of enabling the District to defray all costs incurred in making service available through a Tap or service connection to the District System and to provide for capital expansions of the District System, there is hereby imposed a Tap Fee in the amounts set forth in Appendix A hereto

7-2-1    Tap Fees are due at the time application for a Tap Permit is made and Building Permit is requested from Summit County Building Department.

7-3       INSPECTION FEES:  Whenever any provision of these Rules and Regulations requires or provides for an inspection by the District, the person liable therefor shall reimburse the actual costs incurred by the District for such inspection, calculated in accordance with the rates set forth in Appendix A hereto.  The District shall make inspections as required or requested. All inspection fees must be paid in full before the District will provide County Building Certificate of Occupancy approval.
(Cross reference: 7-17 WITHHOLDING APPROVALS, ACCEPTANCES AND PERMITS)

7-4      INCLUSION FEES:  Any person who petitions for inclusion of his property into the District pursuant to Section 32-1-401(1), C.R.S. and Article 4 above shall pay the fees and charges as set forth in Appendix A hereto, as well as actual costs incurred by the District in processing the Petition for Inclusion, calculated in accordance with the rates set forth in Appendix A hereto, payable regardless whether the property is actually included.
           
7-5       SPECIAL SERVICES FEES:  A Special Service Fee is assessed for any other special water or sewer services provided pursuant to any agreements between Property Owners and the District.  The amount of the Special Service Fees shall be determined in accordance with the schedule set forth in Appendix A hereto.

7-6       TURN-OFF AND TURN-ON FEES:  A Turn-Off and Turn-On Fee will be assessed per service each time a Property Owner requests the District to turn water or sewer service off or on because of vacations, vacancy for rental, etc.  Turn-Off and Turn-On Fees will also be charged if the District discontinues or resumes services as a result of the Property Owner's tardiness in payment of District charges.  Only District personnel may turn services off or on. Property owners who turn off or turn on their service connection(s) will be assessed a penalty for doing so.  Turn-off and turn-on fees are set forth in Appendix A hereto.

7-7       WASTEWATER SERVICE CHARGES:  Monthly Wastewater Service Charges are billed on a monthly basis.  The amount of the Wastewater Service Charge is determined in accordance with the schedule set forth in Appendix A hereto.

7-8       WATER SERVICE CHARGES:  Monthly Water Service charges are billed on a monthly basis.  The amount of the Water Service Charge is determined in accordance with the schedule set forth in Appendix A.     

7-8-1 The Board will periodically establish a meter rate for the two billing classes contained in Appendix A.  Billing charges will be calculated on the basis of the amount of water used and the appropriate rate.  Metered rate charges are due and payable quarterly as a part of that months’ bill.

7-9       DISCONNECTION/RECONNECTION CHARGES:  Whenever any Sewer Service is physically disconnected or reconnected by the District for any reason, the Property Owner or any other person liable therefor shall reimburse the actual costs incurred by the District for such work, calculated in accordance with the rates set forth in Appendix A hereto.

7-10     CURE CHARGES:  Whenever the District cures any defect, deficiency, nonconformity or violation as provided in these Rules and Regulations, any person who is responsible under these Rules and Regulations to cure such condition, or whose act or omission resulted in the necessity for the curative action, shall be liable and obligated to reimburse the actual costs incurred by the District for such undertaking, calculated in accordance with the rates set forth in Appendix A hereto.
            (Cross reference:  3-4 CURE OF VIOLATIONS; 9B-4 CURE OF DEFECTS)

7-11     CIVIL FINES PASS THROUGH:  Any person who, by act or omission, causes the District to incur any fine or penalty assessment imposed by state, federal or other governmental authorities shall be fully liable to the District for the total amount of the fine so assessed.

7-12     DELINQUENCY CHARGES; COLLECTION COSTS; LIEN:  Full payment of any and all fees or charges imposed or assessed by the District is due upon presentation of the District's invoice, unless these Rules and Regulations provide otherwise for notice or payment of any specific charge.  The invoice shall be conclusively deemed presented to any person if personally served upon such person, or if mailed postage prepaid by first class mail addressed to such person in care of the Property Owner, at the service address or any other address for such person known to the District.  Any amount so invoiced or otherwise due and payable will become delinquent 30 days thereafter, and the full amount of any delinquent balance shall thereafter bear interest at the maximum rate permited by law.  Any person liable for such fees and charges shall also be obligated to pay any and all costs of collection, including reasonable attorney fees and court costs, actually incurred by the District.  Additionaly, the district may assess a separate delinquency charge to the maximum extent permitted by law.  Until paid, all rates, tolls, fees, charges, interest, penalties, and costs of collection shall constitute a perpetual lien on or against the property served.  (Cross Reference:  §29-1-1101 and 1102, C.R.S.)

7-13     MISCELLANEOUS COSTS AND EXPENSES:  All costs and expenses of service incident to the installation and connection of water and/or sewer service shall be charged to the Property Owner.  The Property Owner shall indemnify the District for any loss or damage that may directly or indirectly be occasioned by the installation of facilities and/or the provision of water and/ or sewer services.

7-14     WITHHOLDING APPROVALS, ACCEPTANCES AND PERMITS:  Notwithstanding any provision of these Rules and Regulations to the contrary, the District may withhold permits, approvals, acceptances, or other authorizations from any person until all sums then due to the District from such person are paid in full.

7-15     LIABILITY FOR PAYMENT:  The Tap Owner of Record and any tenants of the property are deemed equally liable for the rates, fees, and/or charges billed by the District for providing water and/or sewer services to the property.  The District assumes no responsibility hereby for any agreement made between Tap Owners of Record and their tenants regardless of how made or whether the District has been notified of such agreement.

7-16     REVOCATION OF SERVICE:  Service shall be revocable by the District upon non-payment of valid fees, or upon failure to comply with these Rules and Regulations.  If the District has decided to disconnect sewer service, a written disconnection notice shall be posted on the property, announcing the District's intent to disconnect or block sewer service after 72 hours.

7-17     VARIANCE FEE:  Whenever a variance from any provision of these Rules and Regulations is granted by the Board of Directors, a fee shall be assessed to defray the District's costs in processing such variance.  Such fee, the amount of which shall be determined in accordance with the schedule set forth in the Appendix A hereto, shall be paid at the time a variance is granted.

7-18     MISCELLANEOUS COSTS AND EXPENSES:  All costs and expenses of service incident to the installation and connection of water and sewer service shall be the responsibility of the Property Owner.  The Property Owner shall indemnify the District for any loss or damage that may directly or indirectly be occasioned by the installation of facilities and/or the provision of water or sewer services.  Further, all costs and expenses incident to any request, petition or application to the District, and not otherwise addressed in these Rules and Regulations, shall be reimbursed to the District by the person making the request, petition, or application, upon receipt of the District's invoice.