General Provisions
RULES AND REGULATIONS OF
PUEBLO WEST METROPOLITAN DISTRICT
PUEBLO WEST, COLORADO
TITLE 1
GENERAL PROVISIONS
Article 1. DEFINITIONS.
1.1.1 ASTM. The American Society of Testing Materials
1.1.2 AREA. An area of the District described in C.R.S. 32-1-1006(b) (I) (II).
1.1.3 ASSESSOR. The Pueblo County Assessor.
1.1.4 B.O.D. (Denoting biochemical oxygen demand.) The
quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in five days
at 20 degrees centigrade, expressed in milligrams per liter.
1.1.5 Board. The Board of Directors of the District.
1.1.6 Building. Any structure containing sanitary facilities and used for human habitation, as a place for business, recreation or like purposes, including mobile homes.
1.1.7 Combined Sewer. A sewer intended to receive both waste
water and storm or surface water.
1.1.8 Connection Charge. The customer connection fees.
1.1.9 Contractor. Any individual firm, corporation
partnership, or association duly licensed by the State of Colorado, and/or regional building authority engaged to perform the type of work to be done under a building permit.
1.1.10 Cost. The cost of labor, materials, transportation,
supervision, engineering and all other necessary overhead.
1.1.11 County. The County of Pueblo.
1.1.12 County Commission. The Board of Commissioners of Pueblo
County.
1.1.13 Customer. Any person, partnership, corporation,
governmental entity or agency, lessee and tenants supplied with
water or sewer service by the District.
1.1.14 Developer. The persons, firm, joint venture, partnership
or corporation which is the owner of land and is subdividing the
land for re-sale and seeks to have the subdivided land served by
the District.
1.1.15 Developer Waste Water Fee. The capital investment of the
District for waste water mains to serve a development installed
by the District and reimbursed by the Developer.
1.1.16 Developer Water Main Fee. The capital investment of the
District for water mains to serve a development installed by the
District and reimbursed by the Developer.
1.1.17 Director. A member of the Board of Directors of Pueblo
West Metropolitan District.
1.1.18 District. The PUEBLO WEST METROPOLITAN DISTRICT.
1.1.19 District lateral sewer. That portion of the sewer lying within a public street or easement connecting a building sewer
service to the main sewer.
1.1.20 District Manager. The person appointed by the Board to
manage the District and is responsible for the inspection of all
water and sewer installation, repair, excavations, connections
and charged with enforcement of all rules and regulations of the
District.
1.1.21 District Water Lateral. That portion of the water line between the curb cock and box (meter) and the water line in a
public street or easement connecting a water service line to the
water main.
1.1.22 Easement. An acquired legal right for the specific use of land owned by others.
1.1.23 Engineer. A qualified civil engineer or civil
engineering firm appointed by and acting for the Board, District
and the Manager.
1.1.24 Industrial waste. All liquids or solid waste substances emanating from any producing, manufacturing, processing operation, trade or business of whatever nature as distinct from domestic or sanitary waste.
1.1.25 Living unit. Any residence, apartment, habitation or
other structure to be occupied by a single person or family
requiring waste water disposal service.
1.1.26 Lot. A contiguous piece of land designated "Lot" on
a plat recorded in the office of the County Clerk and Recorder.
1.1.27 Main Sewer. Means a public sewer designated to
accommodate more than one District lateral sewer.
1.1.28 Manager. See District Manager
1.1.29 May. (Is permissive.) See "shall".
1.1.30 NSF. The National Sanitation Foundation
1.1.31 Owner. The person owning the fee simple or the person in whose name the legal title to the property appears by deed duly
recorded in the Pueblo County Recorder's office, or the person in
possession of the property or buildings under claims of or
exercising acts of ownership over same for himself or his
executor, administrator, guardian or trustee of the owner.
1.1.32 Parcel. A lot or contiguous group or portions of lots
shown on the assessor's roll of Pueblo County, or a contiguous
area of land under legal control of any one person, partnership,
firm, corporation, syndicate, agency or institution.
1.1.33 Premises. A lot or parcel of real property and the
improvement thereon.
1.1.34 President. The President of the District.
1.1.35 Private Fire Protection Service. Water service and
facilities for buildings, sprinkler systems, hydrants, hose,
reels and other facilities installed on private property for fire
protection and the water available therefore.
1.1.36 Publication. The printing of an item (notice, etc.) once a week for three consecutive weeks, by three publications in one
newspaper of general circulation in the Pueblo West Metropolitan
District. It is not necessary that publication be made on the
same day of the week in each of the three weeks, but not less
than twelve days excluding the day of the first publication, but
including the last day of the publication, shall intervene
between the first publication and the last publication and
publication shall be complete on the date of the last
publication.
1.1.37 Public Fire Protection Service. The service and
facilities of the entire water supply, storage and distribution
system of the District, including the fire hydrants affixed
thereto and the water available for fire protection, excepting
building water service connections and appurtenances thereto.
1.1.38 Rate of Tax. The tax rate established pursuant to
C.R.S., Title 32, Article i.
1.1.39 Sanitary sewer. The sewer that caries liquid and water
carried waste from residences, commercial buildings, industrial
plants and institutions, together with minor quantities of
ground, storm and surface waters that are not admitted
intentionally.
1.1.40 Secretary. The Secretary of the Board of the District.
1.1.41 Sewer. A pipe or conduit that carries waste water or
drainage water.
1.1.42 Sewer Facility. Any sanitary facility described in
C.R.S. in Title 32, Article I.
1.1.43 Sewer Main. Any sewer line owned by the District and
installed along a public street or right-of-way easement.
1.1.44 Sewer Service Line. The extension from the building
drain to the District sewer lateral at or near the property line.
1.1.45 Shall. (Is mandatory.) See "may".
1.1.46 Single Family Unit. Means and refers to the place of
residence for a single family.
1.1.47 State Commission. The State Tax Commission.
1.1.48 Street. Any highway, road, street, avenue, alley-way,
place, easement or right-of-way.
1.1.49 Temporary Water Service. Water service and facilities
provided for construction work and other uses of limited
duration, and the water available thereto.
1.1.50 Treasurer. The Treasurer of the District.
1.1.51 Unit. One piece of real property in single or common
ownership.
1.1.52 WPCF. Water Pollution Control Federation.
1.1.53 Waste Water. The spent water of the community. From the
stand point of source, it may be a combination of the liquid and
water carried wastes from residences, commercial buildings,
industrial plants and institutions together with any ground
water, surface water and storm water that may be present.
1.1.54 Waste Water Facilities. The structures, equipment and
processes required to collect, carry away and treat domestic and
industrial wastes and dispose of the effluent.
1.1.55 Waste Water Treatment Works. An arrangement of devices
and structures for treating waste water, industrial wastes and
sludge.
1.1.56 Water Course. A natural or artificial channel for the
passage of water, either continuously or intermittently.
1.1.57 Water Facility. Any water facility described in C.R.S.,
Title 32, Article I.
1.1.58 Water Main. Any water line owned by the District and
installed in the public street.
1.1.59 Water Service Line. That portion of any water line
beginning at the plumbing water supply outlet of any building to
the curb cock and box (meter) located at or within ten feet of
the property line.
1.1.60 Water System. All facilities for the production,
treatment, storage and distribution of water, and includes
easements, lands, rights to water and water appurtenant thereto.
Article 2. NOTICES
1.2.1 General. Unless otherwise provided by any specific rule or regulation of the District, whenever a notice, resolution,
order or other matter is required to be published, posted or
mailed, it shall be done in accordance with the provisions of
this Article.
1.2.2 Secretary. Whenever any notice, resolution, order or other matter is required to be published, posted or mailed and
the duty of accomplishing same is not specifically delegated to
any officer or person, the Secretary shall cause it to be done.
1.2.3 Mailing. Mailing shall be by first-class mail, postage pre-paid and addressed to owners at least ten days prior to
a stated time or event.
1.2.4 Posting. When the Secretary is required to give notice by mail and the name of the owner is not shown on the County Tax Roll and is not otherwise known to the Secretary, the notice shall be posted near the front boundary line of the affected property at least ten days prior to the stated time or event.
1.2.5 Sufficiency of Notice. No notice other than that
specifically provided for in this Article or in any rule or
regulation of the District shall be necessary to give validity to
any proceeding.
1.2.6 Proof. Proof of publication, posting or mailing of any
notice, resolution or other matter may be made or effected by:
a. The owner, publisher, printer, foreman, clerk or other
authorized representative of a newspaper in which the publication
was made, or
b. The poster or mailer of notice, or
c. A person having knowledge of the fact.
1.2.7 Failure in Publication. The failure to publish any notice
or to publish it a lesser number of times or for a lesser period
of time, as herein provided, or the failure to accurately publish
the same, will not affect the validity of any proceeding,
provided the notice has been mailed or posted to the affected
property, as in this Article provided.
1.2.8 Failure in Posting or Mailing. The failure of any person
to receive any notice which has been mailed to him or to observe
any notice which has been posted on his property, shall not
affect the validity of any procedure, provided that such notice
has been mailed or a copy posted on the property affected, as in
this Article provided.
Article 3. ENACTMENT AND AMENDMENTS
1.3.1 General. The provisions of these Rules and Regulations,
when properly enacted by the Board of Directors of the District,
repeals those Ordinances in existence at the time of enactment.
1.3.2 Amendments. Amendments to the provisions of these Rules
and Regulations, to include changes of material contents and
additions thereto, may occur at the Board's discretion. However,
the enactment of the said amendments shall take place only after
a publication of notice announcing the proposed change or
addition and the time and place of a public hearing relating to
the proposed amendment.
1.3.3 Invalidity. The invalidity of any article, section,
sentence, clause, or provision of these Rules and Regulations
shall not affect the validity of any other part of these Rules
and Regulations which can be given effect without such invalid
part or parts.
Revised: 10/13/87
