HomeMy WebLinkAbout800638.tiff = OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE (3031 3564000 EXT.200
P.O.BOX 758
GREELEY,COLORADO 80631
C.
COLORADO
September 5, 1980
Lovilo H. Fagan, Manager
Little Thompson Water District
307 Welch Avenue
Drawer G
Berthoud, Colorado 80513
Re: Fees for Excavation Permits
Dear Mr. Fagan:
We are writing this letter in response to your letter of August
20 , 1980 in which you question the right of the County to charge
fees of the Water District for excavation permits on or along
public highways . You further state that you have no objection
to the payment of a reasonable fee and suggest that the fee for
water and sanitation districts be reduced from 9 cents per foot
to 2 cents per foot.
This Board has consulted with the Weld County Attorney, and based
on his opinion and the Board ' s general policy of charging fees
to all entities who place demands on County government as a re-
sult of the need to provide inspections , the Board has determined
that it will continue to charge fees to all entities as estab-
lished in its fee schedule.
The fee which is charged for excavations on and along County roads
is not for the purpose of purchasing an easement, but rather it
is designed to insure that the excavators properly restore the
County road to its original condition. The only way that the
County has been able to insure that the roads are restored to
their previous condition, in accordance with County standards ,
is to inspect the work being done by excavators . The fee schedule
which was adopted by the Commissioners is based on the cost of
inspection and is not, nor is it designed to be , a revenue raising
measure. We agree with you that water districts have the right
gOO 638
Lovilo H. Fagan
September 4 , 1980
Page 2
to the use of County road rights-of-way subject to reasonable
regulation. However, this right is also granted to telegraph,
telephone, electric light, power , gas or other pipeline companies
authorized to do business under the laws of Colorado. Water dis-
tricts stand in no better or worse position than other utility
companies . Weld County has the power and duty to regulate the
use of County roads, and to that end , the County has the power
to charge fees to defray the costs of necessary inspection.
This Board has determined that the proper means of insuring that
the County roads are protected, is a system of inspections . Other
suggested methods would not be effective in discharging this Board' s
duty to protect the County roads. Furthermore, a fee of 2 cents
per running foot would not recoup the County' s cost of inspection
in regard to excavations where the trench is between 13 and 24
inches in width.
We hope this has answered your questions, however, if you have any
further questions, please do not hesitate to contact us.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
C . W. Kirby, Qhairman
eonard L. Roe
Norman Carlson
Dunbar
e K. Ste . mar
/ta
cc: ✓Gilman Olson
Engineering Department
LITTLE THOMPSON WATER DISTRICT
DIRECTORS: TELEPHONE 532-2096
DEAN G. ANDERSON. 307 WELCH AVENUE
PRESIDENT DRAWER G
CHARLES ALLEN BERTHOUD, COLORADO 80513
LOUIS P. REIN
PAT DORSEY
II AVID MCGEE
E. THOMAS RICORD
CAREY J. SALOMONSON
MANAGER:
LOVILO H, PAGAN
August 20, 1980
Board of County Commissioners
Weld County RE: fees for excavation permits
Weld County Court House
Greeley, Colorado 80631
Ladies & Gentlemen:
Recently I requested permits for installation of water line extensions along
Weld County roads from your Utility Coordinator, Mr. Gil Olson, and paid $716.05
in fees for these permits based upon a fee of nine cents a foot. We paid these
fees under protest because we do not feel that the fee schedule is reasonable when
applied equally to private pipeline companies, Utility Companies and Water Districts
(political subdivisions of the State of Colorado).
A copy of part of the Statute concerning water districts rights to use public
highways is enclosed. It is our contention that the Water District is entitled to
an easement on all public highways. When a private pipeline or Utility Company
pays the fee fixed by Weld County, he is purchasing a right-of-way or easement
from the County. Since the Water District is entitled to the easement by law, it
is not reasonable to subject the water district to the same fee.
We have no objection to the payment of a reasonable fee. We suggest that for
Water and Sanitation Districts, the nine cent fee be reduced to two cents.
We would appreciate your attention in this matter.
Very truly yours:
LITTLE THOMPSON WATER DISTRICT
Lovilo H. Fagan, Manager
LHF/mm
cc:
Randy Starr
Gilman E. Olson
Dean Anderson
U00638
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(11) To construct and maintain works aml establish and maintain facilities across
or alone any public street or highway, and in, upon, or over any vacant public lands,
which public lands are now, or may become, the property of the state of Colorado, and to
construct works and establish and maintain facilities across any stream of water or
watercourse; provided that the Board of County Commissioners of any county in which any
public streets or highways are situated which are to be cut into or excavated in the
construction or maintenance of any such facilities, shall have authority to make such
rules as they may deem necessary in regard to any such excavations, and may require the
payment of such reasonable fees ate inst the district as may be fixed by them to insure
proper restoration of such streets or highways. When such fie is paid, it will be the
responsibility of the board of county commissioners to pror :tly restore such street or
highway to its former state. If the fee is not fixed and paid, the district shall prormtlj
restore any such street or highway to its former state of usefulness as nearly as may be,
and shall not use the same in such manner as to completely or unnecessarily impair tiie
usefulness thereof.
(12) To fix and from time to time to increase or decrease water and sewer rates,
tolls or charges for services or facilities furnished by the district, and to pledge
such revenue for the payment of any indebtedness of the district. Until paid, all
rates, tolls or charges shall constitute a perpetual lien on and against the prop-
erty served, and any such lien may be foreclosed in the same manner as provided by
the laws of the state of Colorado for the foreclosure of mechanics' liens. The
board shall shut off or discontinue service for delinquencies in the payment of such
rates, tolls or charges, or in the payment of taxes levied pursuant to this article,
and prescribe and enforce rules and regulations for the connection vith and the dis-
connection from properties cf the facilities of the district. For health and san-
itary purposes the board shall have the 'pewer to compel the owners of inhabited prop-
erty within a sanitation district to connect their property with the sewer system of
such district and upon a failure so to connect within sixty days after written no-
tice by the board so to do the board may cause such connection to be made and a lien
to be filed against the property for the expense incurred in making such connection.
No owner shall be compelled to connect his property with such system unless a serv-
ice line is brought, by the district, to a point within four hundred feet of his
dwelling place.
(13) To adopt and amend bylaws, not in conflict with the constitution and laws
of the state for carrying on the business, objects and affairs of the board and of
the district.
(14) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted in this article. Such specific powers shall
not be considered as a limitation upon any power necessary or appropriate to carry
out the purposes and intent of this article.
(15) When a district lies entirely within a city or town and when all of its
indebtedness has been fully peed or satisfied, to convey to such city or town with
the consent of the governing authority thereof, all of the property of such district
upon the condition that such city or town will operate and maintain such property.
Upon such conveyance the district shall be dissolved and a certificate to such
effect shall be signed by the clerical officer of the city or town and filed with
the county clerk and recorders cf the counties in which the order establishing the
district is filed.
(16) When two or more districts are using the same or joint facilities and when
the obligations of each district are fully paid or satisfied, to consolidate such
districts into one. In such , ' vent the consolidated district shall be under the
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