Attachment A - Proposed Ordinance 8739

ORDINANCE 8739

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AN ORDINANCE AMENDING CHAPTER 11, “WATER UTILITY,” B.R.C. 1981, TO REFLECT CURRENT UTILITY POLICY, CONSERVATION GOALS, AND STATE LAW; AND SETTING FORTH RELATED DETAILS.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,

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COLORADO:

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Section 1. Chapter 11-1, “Water Utility” B.R.C. 1981 is amended to read as follows:

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11-1-1. Legislative Intent.

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(a)

The purpose of this chapter is to define the water utility of the city, to set forth the responsibilities of water service users, and to promote the public health, safety and welfare by adopting a system of plant investment fees that ensures that each new user of city water services pays its proportionate share of the current replacement cost of water facilities. The plant investment fees in this chapter reflect varying service requirements of residential users and are designed to encourage the construction of moderate-income housing.

(b)

Utilities should be extended outside the city limits of Boulder consistent with the Boulder Valley Comprehensive Plan and city charter requirements. The comprehensive plan projects extension of urban services, including utilities, in an orderly fashion in order to ensure the most efficient and cost effective cost-effective service to the existing utility system.

(c)

It is the intent of the city council to promote efficient water use that is compatible with the city's water supply system, water resource management strategy and the values of the community. The utility will encourage water conservation programs that create incentives for water conservation by users of the water supply of the city, prevent unnecessary depletion of the raw and treated water supply of the city, attempt to supply a continuing

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Adopted by Ordinance No. 4672. Derived from Ordinance Nos. 2444, 2693, 2780, 2872, 2944, 3083, 3192, 3422, 3446, 3456, 3478, 3560, 3601, 3672, 3725, 3745, 3761, 3930, 4027, 4031, 4119, 4123, 4335, 4351, 4365, 4366, 4412, 4584, 4664.

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level of satisfactory service to existing water utility customers, and ensure the city's ability to meet the present and future basic water needs of the city.

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(d)

It is the intent of the city council to create a water rate structure to encourage the efficient use of water and prevent unnecessary depletion of the raw and treated water supply of the city, to attempt to supply a continuing level of satisfactory service to existing water utility customers, to ensure the city's ability to meet the present and future basic water needs of the city, and to pay debt service on any outstanding revenue bonds.

(e)

It is the intent of the city council that it will be a presumptive waste of water if any customer exceeds a properly determined water budget as may be designated from time to time by the city manager.

(f)

It is the intent of the city council to protect public health, safety and welfare and the water supply of the city in the event of an emergency.

(g)

It is the intent of the city council to protect public health, safety and welfare and the water supply of the city in the event of a declaration of drought and to implement water use restrictions and other drought response measures as determined necessary by the city manager to maintain, conserve, replenish or protect the water supply of the city.

(h)

It is the intent of the city council to protect and maintain the municipal waterworks and water supply from pollution and to engage in source water protection planning.

(ih)

The city council finds and determines that the city has historically provided and will continue to provide water services by means of an enterprise, as that term is defined by Colorado law. The city council further declares its intent that the city's water utility enterprise be operated and maintained so as to exclude its activities from the application of Article X, Section 20 of the Colorado Constitution.

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11-1-2. Definitions.

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For the purpose of this chapter and Chapter 11-2, "Wastewater Utility," B.R.C. 1981, and the related fees in Chapter 4-20, "Fees," B.R.C. 1981, the following words have the following meanings, unless the context clearly indicates otherwise:

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PIF means plant investment fee. Pollution means the human-made, human-induced, or natural alteration of the physical, chemical, biological, and radiological integrity of the water. Preliminary construction acceptance means the City's acceptance of the developer's or subdivider's construction, installation and testing of water or sanitary sewer mains and appurtenances thereto as conforming with city standards and defines the date on which the

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warranty period on such improvements commences.

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Water service line means the line running from the city water main to the structure to be served.

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Water Utility means all water and water rights, waterworks and appurtenances thereto, machinery, equipment and supplies used by the city to supply its water users with water. Water utility enterprise means the water utility business owned by the city, which business receives under ten percent of its annual revenues in grants from all Colorado state and local governments combined and which is authorized to issue its own revenue bonds pursuant to this code or any other applicable law.

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Waterworks (or municipal waterworks) means any and all human-made or designed components of the municipal water system necessary for the construction, maintenance and operation of the municipal water system, including all equipment, diversion structures, dams, reservoirs, streams, trenches, ditches, watercourses, pipelines, wells, pumps, buildings, structures, roads, and other facilities.

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11-1-6. Watershed Patrol Officers.

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(a)

The city manager shall appoint at least one full-time watershed patrol officer, and, in addition, may appoint as many part-time or temporary watershed patrol officers as may be needed from time to time.

(b)

The watershed patrol officers shall enforce city ordinances intended for the protection of the water utility city’s watershed and Lakewood properties and shall perform such other duties as the city manager may assign.

(c)

Before commencing service, all watershed patrol officers shall receive appropriate training through the police department. Upon satisfactory completion of such training, the officers shall be commissioned as watershed patrol officers and have conferred upon them police powers sufficient to enforce such ordinances, except the power to carry firearms.

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… 11-1-12. Pollution of Water Utility Prohibited. No person shall deposit in any part of the water utility any substance or material that couldwill in any manner injure or obstruct the water utility or any material or substance that would tend to contaminate, or pollute or adversely affect the city’s water supply or obstruct the flow of water to

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the city or within the city’s water utility. For a distance of five miles above the point from which the city’s water supply is diverted, no person shall deposit any pollutant or contaminant into or in proximity to Boulder Creek or any of its tributaries or store or retain any pollutant or contaminant on any premises in such position that the substance or drainage therefrom may be carried into the water or permit to flow from any place or premises any foul or contaminating substance into the water. Unless authorized to do so by the city manager, any person who violates the provisions of this section, upon conviction thereof, shall, in addition to other penalties, be liable for all damages for such unlawful acts. In addition to any other remedies available to the city, the City Attorney acting on behalf of the City Council may coordinate with other local or state agencies having concurrent jurisdiction over the affected waterways to promote the implementation of rules and regulations which will protect the city’s water supply and to enforce all rules and regulations once enacted, and to commence an action in a court of competent jurisdiction for temporary restraining orders and preliminary and permanent injunctions restraining any violation of this section. 11-1-60. Violations. (a)

No person shall violate any provision of this chapter, approval granted under this chapter, rule or regulation of the water utility, or the City of Boulder Design and Construction Standards, which has the same force and effect as though fully set forth in the Boulder Revised Code 1981.

(b)

Administrative Procedures and Remedies.

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(1)

If any water user fails to pay the charges for water when due or fails to comply with any provision of this chapter, any approval granted under this chapter, rule or regulation of the water utility, the City of Boulder Design and Construction Standards, or applicable ordinance of the city or regulations issued thereunder, or uses water for a purpose not authorized, the city may discontinue water service pursuant to Section 11-1-45, "Water to Be Shut off for Failure to Pay," B.R.C. 1981, until the water user has paid the required charges or is in compliance with all requirements of this chapter, any ordinance of the city or regulations issued thereunder. The water utility may not discontinue water service until it has afforded a water user an opportunity for a hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.

(2)

In addition to, or as an alternative to, the discontinuance of water service, the city manager, after notice and an opportunity for a hearing under the procedures prescribed by Chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981, may issue an order reasonably calculated to ensure compliance with the provisions of this chapter, approvals granted under this chapter, rules and regulations of the water utility, the City of Boulder Design and Construction Standards, or applicable ordinance of the city or regulations issued thereunder.

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(c)

Criminal Penalties. Violations of this chapter and the City of Boulder Design and Construction Standards are punishable as provided in Section 5-2-4, "General Penalties," B.R.C. 1981.

(d)

Other Remedies. The city attorney may maintain an action for damages, declaratory relief, specific performance, injunction or any other appropriate relief in District Court in and for the County of Boulder for any violation of any provision of this chapter, approval granted under this chapter, rule or regulation of the water utility, the City of Boulder Design and Construction Standards, or applicable ordinance of the city or regulations issued thereunder.

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Section 2. This ordinance is necessary to protect the public health, safety, and welfare of

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the residents of the city, and covers matters of local concern.

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Section 3. The city council deems it appropriate that this ordinance be published by title

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only and orders that copies of this ordinance be made available in the office of the city clerk for

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public inspection and acquisition.

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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 26th day of March 2026

15 ____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ Elesha Johnson, City Clerk

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READ ON SECOND READING, PASSED AND ADOPTED this 7th day of May 2026.

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____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ Elesha Johnson, City Clerk

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