HomeMy WebLinkAbout978 Amend Section 12.20.050 of municipal code street light charge 08-12-2020ORDINANCE NO.978
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, AMENDING SECTION 12.20.050 OF THE
FIRESTONE MUNICIPAL CODE REGARDING THE IMPOSITION OF THE
TOWN'S STREET LIGHT CHARGE
WHEREAS, in 2012, the Town of Firestone ("Town") enacted Section 12.20.050, Street
Light Charge, of the Firestone Municipal Code ("Code"), which imposed a street light charge upon
all property owners, except those of undeveloped land; and
WHEREAS, the Code provided that the street light charge was to be assessed upon each
parties monthly Town water bill, and payable and collected in accordance with Town's water
utility procedures; and
WHEREAS, given the growth of the Town since its adoption of the street light charge
there are now developed properties which though receiving the benefit of street lights receive their
water service from a provider other than the Town; and
WHEREAS, billing such persons under a water utility account creates confusion among
the property owners and administrative issues for the Town's finance department; and
WHEREAS, to correct this matter, staff proposes that the street light charge be collected
as is the Town's stormwater utility fee whereby lots or parcels not receiving municipal water but
subject to the stoi7nwater utility fee receive only a stormwater utility fee bill, which is collected.
in the same manner as the water service bill.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
Section 1. Section 12.20.050, Street light charge, of the Firestone Municipal Code is
amended to provide:
A. There is hereby imposed a uniform service charge for the provision of street lights upon
all property owners, except those of undeveloped land in an amount as established by resolution
of the board of trustees.
B. The service charge shall be billed and collected with the town water bill, except if the
property is undeveloped land the property owner shall receive a separate bill. All billings and
notices regarding the service charge shall be effective upon mailing the billing or notice to the
address of the property that is being served or to the last known address of the property owner of
the property being served as shown in the most current of the records of the town or county
assessor. Regardless of the person to whom the bill is directed, the owner of the property is
ultimately responsible for the payment of the service charge. All services charges are due upon
the date stated in the bill. Failure to receive a bill is not a defense to nonpayment.
C. If any charges remain unpaid after the due date stated on the bill, the account shall be
deemed delinquent, and interest shall be assessed at the rate of one and one-half percent per
month. A late fee of five dollars shall also be assessed on overdue amounts of twenty dollars or
more. The service fee shall also be subject to additional charges for delinquent payment,
uncollectible checks, liens and any other penalties, which shall be the same as those imposed in
connection with town water utility charges.
D. In addition to other civil collection procedures, all fees and charges, together with all
interest and penalties for default in payment and all costs in collecting the same, until paid, shall
constitute a perpetual lien on the property, on a parity with the tax lien of general, state, county,
city, town or school taxes, and no sale of such property to enforce any general, state, county,
city, town or school tax or other liens shall extinguish the perpetual lien for such fees, charges,
interest, penalties and costs. All delinquent service fees, together with accrued interest and
penalties, and all costs of collection incurred, shall be certified by the town to the county
treasurer, pursuant to Section 31-20-105, C.R.S., as amended, and collected and paid over to the
county treasurer in the same manner as taxes.
E. Delinquent charges and fees may be collected as any other utility bill owed to the town
at the option of the town.
F. No remedy provided herein shall be exclusive, but the same shall be cumulative; and the
taking of any action hereunder shall not preclude or prevent the taking of any other action
hereunder or the pursuit of any other judicial or administrative remedy, including, without
limitation, civil action for collection and action for injunctive relief to enjoin any violation of this
section.
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The Board of
Trustees hereby declare it would have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall be punishable in accordance with Section
1.16.010 of the Municipal Code of the Town of Firestone, Colorado.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with
this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this 12th day of August, � �s,
ATTEST:
TOV
mll SEAL Jc
Lol� &Z'
TOWN OF FIRESTONE, COLORADO
706& �� 94,14
bbi Si lar, Mayor
APUROYIED AS TO FORM:
"I
Willi Hayashi, Town Attorney