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ORDINANCE NO. 5410
AN ORDINANCE PROVIDING THAT THE UNPAID
CHARGES OF THE BOARD OF WATER WORKS OF PUEBLO
FOR WATER SERVICE SHALL BE A LIEN AGAINST THE
PROPERTY SERVED, AND PROVIDING A METHOD FOR
FORECLOSURE OF SAID LIEN
WHEREAS, the Board of Water Works of Pueblo by its Resolu-
tion No 86 -10 and the City by Ordinance No 5322 have covenanted
to maintain such sufficient rates and charges for water service
that are reasonable and just for the retirement of all bonds and
other securities and obligations payable from the revenues of the
water system, and to render bills and take whatever action is
legally permissible to promptly enforce and collect delinquent
water rates, fees, tolls and charges;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that
SECTION 1
The charges of the Board of Water Works for water service,
including tap fees, meter fees, plant water investment fees,
delinquent customer turn on fees, and check processing fees,
shall be due and payable according to the Rules and Regulations
of the Board of Water Works of Pueblo, Colorado, as adopted from
time to time. All due and unpaid fees and charges plus interest
thereon at the rate of one and one -half (1 -1/2 %) percent per
month shall constitute a perpetual lien on and against the
property served The Board or its agent shall cause a notice of
the lien stating the amount of the due and unpaid fees and
charges and describing the property served to be recorded in the
office of the County Clerk and Recorder of Pueblo, Colorado.
SECTION 2
The lien for unpaid fees and charges may be foreclosed by
the Board of Water Works of Pueblo, Colorado, by bringing an
action in the District Court in and for the County of Pueblo,
State of Colorado, in the manner prescribed for the foreclosure
of liens set forth in Chapter 38, Article 39, Colorado Revised
Statutes as amended
SECTION 3
This Ordinance shall become effective upon final passage
INTRODUCED: June 8, 1987
By KENNETH HUNTER
Councilman
ATTEST APPRO
.146)—// I , 2.1
C' y C erk Pre`s -.dent of the Council"
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'7n -'' Board of Water Works of Pueblo Col ado
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April 22, 1987
s orplat
Mr. Lewis A Quigley ��'�'
Pueblo City Manager
P 0. Box 1427
d 51?
Pueblo, Colorado 81002
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Dear Lew 1- / o .
Enclosed is Resolution No. 87 -7 adopted by the Board of Water '�
Works yesterday, requesting City Council to adopt an Ordinance
establishing that unpaid charges for water service rendered by
the Board are a lien upon the premise served and to provide a
method of foreclosure of such liens, if necessary Attached to
the resolution is a suggested Ordinance the Board would like City
Council to consider and adopt.
Bill Mattoon, Board attorney, has been working with Tom Jagger on
this Ordinance, so Tom is familiar with the Board's desires and
concerns If I, Bill Mattoon, or our Finance Division Manager
Jerry Cantrell can be of any assistance to you, Tom, or your
staff, please do not hesitate to call I would also appreciate
knowing the dates this will come before Council and would like a
copy of the actual Ordinance as presented We would also be glad
to appear at the City Council meetings to answer any questions
the Council or public may have
Thank you for your assistance on these matters.
Very truly yours
Alan C Hamel
Executive Director
mrb
enclosure
xc Jerry J Cantrell
William F. Mattoon
Thomas E. Jagger ;_
319 WEST FOURTH STREET / P O.BOX 400 / PUEBLO, COLORADO 81002 / 303 - 584 -0250 ._ -
R E S O L U T I O N NO. 87 -7
A RESOLUTION REQUESTING CITY COUNCIL TO ADOPT AN ORDINANCE
PROVIDING THAT THE UNPAID CHARGES OF THE BOARD OF WATER WORKS OF
PUEBLO FOR WATER SERVICE SHALL BE A LIEN AGAINST THE PROPERTY
SERVED, AND PROVIDING A METHOD FOR FORECLOSURE OF SAID LIEN.
WHEREAS, the Board has by Resolution No. 86 -10 convenanted to
maintain such sufficient rates and charges for water service that
are reasonable and just for the retirement of all bonds and other
securities and obligations payable from the revenues of the water
system, and to render bills and take whatever action is legally
permissible to promptly enforce and collect delinquent water
rates, fees, tolls and charges;
NOW, THEREFORE, BE IT RESOLVED by the Board of Water Works of
Pueblo, Colorado, that:
The City Council of Pueblo, Colorado, is hereby
requested to adopt an ordinance in the form attached
hereto, or an ordinance substantially in such form, in
order to establish that unpaid charges for water
service rendered by the Board are a lien upon the
premises served and to provide a method of foreclosure
of such liens if necessary.
ADOPTED this 21st day of April , 1987.
BOARD OF WATER WORKS OF
PUB 0, COLORADO
A ,,A.;1 1
Tot4,, 1
es R. Hedric , Pre AO
•
.
Verdo L. Johnsoa6, Secy. - Treas.
/i I,J i
AA „An. Jr ./
erald N. McPherson, Vice Pres.
Opc,„C
Alin C. Hamel, Exec. Director Dwig1yt G. Rob , Vice Pres.
_ /.Fw � . fi ` �i
il" `'P" ' : Tat' "A torney ' Michael W/. Sti119ittan, Vice Pres.