Rules and Regulations - Newly Constructed Facilities

RULES AND REGULATIONS OF PUEBLO WEST METROPOLITAN DISTRICT
PUEBLO WEST, COLORADO

TITLE 13

RULES AND REGULATIONS REGARDING DISTRICT'S ASSUMPTION OF RESPONSIBILITY FOR NEWLY CONSTRUCTED FACILITIES IN UNDEVELOPED AREAS OF THE DISTRICT

Article 1. GENERAL PURPOSE.

13.1.1 The general purpose of this Title is to set forth the rules and regulations concerning the development of facilities within areas of the District not presently served by certain District services in order for the District to assume responsibility and deliver certain services to those areas including but not limited to water service and road maintenance and improvement service.

Article 2. DEFINITIONS.

13.2.1 Undeveloped Areas. Undeveloped areas shall be defined as those areas within the District presently or included within the District and any future inclusions which have not been subdivided pursuant to the rules and regulations of Pueblo County for subdivisions nor which are served by the installation of water service lines or District maintained roads.

Article 3. MAIN WATERLINE EXTENSION REQUIREMENTS.

13.3.1 Specifications. The District has established minimum specifications for construction of water main extensions. All water mains constructed by the developer of undeveloped areas within the District shall meet the District's specifications and during construction shall be subject to inspection by District personnel before the District shall grant approval for hookup of said water main extensions to the District's water system.

13.3.2 Water Main Extension Application. A developer or constructor desiring the District to provide water service to any undeveloped areas must submit to the District a preliminary map of the area to be developed, a work plan for all water facilities to be constructed and a cost estimate for such water facilities including an inflation factor. If appropriate, all such plans for said extension shall be submitted to the District's Engineer for comment and recommendations prior to the Board acting to approve, approve with conditions or disapprove the submitted applications.

13.3.3 Telemetry. Developer shall install to the District's specifications, all telemetry and other monitoring equipment required by the District.

13.3.4 Storage and Pressure Requirements. Developer shall install, to the District's specifications, all storage or other equipment or facilities required by the District to maintain adequate pressure within the expanded system.

13.3.5 Processing of Watermain Extensions with the State of Colorado, County or Other Local Entity. The District assumes no responsibility for the processing of applications or the decision not to process an application for main extensions before the Colorado Department of Health, Pueblo County or any other agency. The decision to process or not to process such an application rests solely with the developer or constructor of the mainline and the District assumes no responsibility or liability for that decision. However, the District shall not grant its approval for the hookup of said extensions to the District's water system without the approval for the development of the area by Pueblo County and approval of the facilities by the appropriate agencies of the State of Colorado.

13.3.6 Plan Requirement. Prior to final approval of the hookup of any mainline extension to the District's water system the developer or constructor shall deliver to the District detailed "as built" plans meeting all requirements set forth by the
District for said plans.

13.3.7 Location of Main Extensions. Water or service mains shall be installed in roads or streets which the District, the County, the State Highway Department or other public agency has accepted for maintenance as a public right-of-way as well as any easements granted for the use of the District. All lateral lines and service line stub outs shall be installed to the property line at the time of construction of the main. All such main lines, laterals and stub outs shall be constructed prior to construction of the road surface if said lines, laterals or stub outs are in road rights-of-ways.

13.3.8 District Not Responsible for Costs of Construction. The District shall not be responsible for nor, without specific authorization of the Board of Directors, shall it pay for construction of any water mains, laterals, stub outs or any other water distribution facilities within undeveloped areas of the District. Prior to hookup to District facilities or distribution of water through the water distribution system constructed by developers in undeveloped areas the developer shall present satisfactory evidence to the District that all costs of construction of the water distribution system, inset in developed area, has been paid or provisions have been made for payment and that under no circumstances will the District have any financial responsibility or acquire any financial responsibility for payment of the cost of constructing said water distribution system in undeveloped areas.

Article 4. OWNERSHIP OF NEWLY CONSTRUCTED WATERLINES

13.4.1 Before any connection is made to water mains in an undeveloped area with the District's water distribution system , the developer or owner of the newly constructed lines in the undeveloped area shall transfer title to said lines and all other appurtenant facilities to the District in such manner as is approved by the District.

13.4.2 Liability for Repairs. The developer of the water distribution system shall be responsible for and shall pay all costs of repairs to the system installed by the developer during the first two years of operation.

13.4.3 Bond. The developer shall deliver to the District a Bond in an amount satisfactory to the District to cover the costs of any repairs to the system installed by the developer within the first two years of operation.

13.4.3(1) The amount of said Bond to be set by the District shall in no way limit the developer's responsibility and liability for costs of repairs to the system installed by the developer within the first two years of operation.

Article 5. ROAD MAINTENANCE.

13.5.1 Agreement for Maintenance Required. The District shall not, without specific authorization of the Board of Directors, agree to nor shall the District actually maintain in any fashion any roads within any undeveloped areas of the District. The consent of the board of Directors and agreement for maintenance of any such roads shall be based upon criteria set forth in this Article.

13.5.2 Specifications. The District has established minimum specification for establishment of road rights-of-way and construction of roadways within the District. All road rights-of-ways and roadways constructed by the developer of undeveloped areas within the District shall meet the District's specifications and during construction shall be subject to inspection by District personnel before the District shall grant approval and consent for maintenance of said roadways by the District.

13.5.3 Application for Road Maintenance Service. A developer or constructor desiring the District to provide road maintenance service to any roads developed by said developer in any undeveloped areas of the District, must submit to the District a preliminary map of the area to be developed, a work plan for all road rights-of-way and roadways to be constructed and a cost estimate for such rights-of-way and roadways including an inflation factor. If appropriate, all such plans for said rights-of-way and roadways shall be submitted to the District's Engineer for comment and recommendations prior to the Board acting to approve, approve with conditions or disapprove the submitted applications.

13.5.4 District Ownership of Road Right-of-Ways. Prior to the District agreeing or consenting to providing road maintenance service to roadways constructed in the undeveloped areas of the District developer shall transfer the ownership of said road rights-of-way and roadways to the District in such manner as is approved by the District.

13.5.5 Liability for Repairs. The developer or constructor of the roadways within any undeveloped areas shall be responsible for and shall pay all costs of repairs to the roadways installed by the developer or constructor during the first two years of use.

13.5.6 Bond. The developer shall deliver to the District a Bond in an amount satisfactory to the District to cover the costs of any repairs to the roadways constructed by the developer within the first two years of use of said roadways.

13.5.6(1) The amount of said Bond to be set by the District shall in no way limit the developer's responsibility and liability for costs of repairs to the roadways by the developer within the first two years of use.