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NOTICE OF PUBLIC HEARING
<br />ORDINANCE No.1812, SERIES 2021
<br />NOTICE IS HEREBY GIVEN that at a regular meeting of the. City
<br />Council of the City of Louisville. Colorado, to be held on July 27,
<br />2021 at the hour of 6:00 p.m., in an electronic meeting the City
<br />Council
<br />nIpassageadoption
<br />of proposed AN ORDINANCERENSTATING ROVIIONSOTHE LOUISVILLE MUNICIPAL. CODE REGARDING PENALTIES FOR NON-
<br />PAYMENT OF WATER CHARGES.
<br />Published in the Daily Camera on July 18, 2021 with full ordinance.
<br />ORDINANCE NO.1812
<br />SERIES 2021
<br />AN ORDINANCE REINSTATING PROVISIONS OF THE LOUISVILLE MU-
<br />NICIPAL CODE REGARDING PENALTIES FOR NON-PAYMENT OF
<br />WATER CHARGES.
<br />WHEREAS, on March 15, 2020, the Mayor of the City of Louisville,
<br />gp ursuant to Chapter 2.32 of the Louisville Municipal Code and C.R.S. 24-33.5-709, executed a Declaration of Local Disaster Emergency
<br />in and for the City of Louisville (the "Mayor's Declaration"); and
<br />WHEREAS, by Resolution No. 27 adopted on March 16, 2020, the City
<br />Council continued in effect the Mayor's Declaration until terminat-
<br />ed by resolution of the City Council; and
<br />WHEREAS. 00 March 20, 2020, the Governor of the State of Colorado
<br />issued Executive Order 2020-12, which addressed publicutility
<br />delinquencies and disconnections, and which urged the Public Util-
<br />ities Commission to work with all public utilities in the state to ad-
<br />dress impacts of COVID-19 on residential and small businesses; and
<br />WHEREAS, in response to Executive Order 2020-12, and in recogni-
<br />tion of the financial hardships presented by COVID-19, the City
<br />Council on March 31, 2020, in an exercise of its discretion, adopted
<br />Ordinance No. 1792, Series 2020, which temporarily suspended cer-
<br />tain penalties for non-payment of water charges; and
<br />WHEREAS, Ordinance No. 1792 provides the temporary suspension
<br />was to remain in place during the time period in which the Mayor's
<br />Declaration remains in effect; and
<br />WHEREAS, in recognition of the decreasing cases and
<br />hospitalizations due to COVID-19 and the increasing percentage of
<br />the population who have been vaccinated, the State of Colorado
<br />has lifted or lessened manyof the restrictions that had been enact-
<br />ed to prevent community spread: and
<br />WHEREAS, an May 16, 2021, Boulder County entered "Level Clear,"
<br />which is a 90-day observation period under Boulder County Public
<br />Health Order 2021-04, with local capacity restrictions and
<br />mitigations no longer required; and
<br />WHEREAS, the City Council finds that while COVID-19 Pandemic re-
<br />mains ongoing the lessening and elimination of restrictions that
<br />had been implemented to control the spread of COVID-19 has ena-
<br />bled most residents and businesses to resume operations at pre -
<br />Pandemic levels or nearly pre -Pandemic levels; and
<br />WHEREAS, while the Cityand its staff will continue to work on
<br />COVID-19 recovery efforts, and thus the Mayor's Declaration will re-
<br />main in effect, the City Council finds the economic health and con-
<br />tinued financial vitality of its water system requires the reinstate-
<br />ment of all provisions of the Louisville Municipal Code that were
<br />temporarily suspended by Ordinance No. 1792, as set forth herein.
<br />NOW, THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF
<br />THE CITY OF LOUISVILLE, COLORADO:
<br />Section 1. Those provisions of Chapter 13.12 of the Louisville
<br />Municipal Code (Water Service Rates and Fees) that were tempora-
<br />rily suspended by Ordinance No. 1792 are hereby reinstated.
<br />5ection.2. As provided in Section 2 of Ordinance No. 1792, dur-
<br />ing the time that Ordinance No. 1792 was in effect, and hereafter,
<br />all charges imposed pursuant to Chapter 13.12 for water service
<br />were and shall remain a lien on the property served from the time
<br />the charge was due until .paid, as set forth in Section 13.12.130 of
<br />the Louisville Municipal Code. City staff is authorized and encour-
<br />aged to enter into payment plans with water customers who have
<br />accumulated significant past -due balances during the COVID-19
<br />Pandemic, with terms and conditions to be approved by the Finance
<br />Director, provided such payment plans provide a steady decrease in
<br />the amount of the past -due balance and current water charges are
<br />paid in full each month.
<br />Section 3.. This ordinance shall become effective upon adop-
<br />tion. Late fees may be imposed. and water service may be discon-
<br />nected, if full payment of all delinquent charges for water, waste-
<br />water, and stormwater services have not been received in the City
<br />offices before the close of business on September 30, or alternative
<br />arrangements made by a payment plan approved by the City's Fi-
<br />nance Director.
<br />Section.4. If any portion of this ordinance is held to be invalid
<br />for any reason, such decision shall not affect the validity of the re-
<br />maining portions of this ordinance. The City Council hereby de-
<br />clares that it would have passed this ordinance and each part here-
<br />of irrespective of the fact that any one part be declared invalid.
<br />Section.5.The repeal or modification of any provision of the
<br />Louisville Municipal Code by this ordinance shall not release, extin-
<br />guish, alter, modify, or change in whole or in part any penalty, for-
<br />feiture, or liability. either civil or criminal. which shall have been in-
<br />curred under such provision, and each provision shall be treated
<br />and held as still remaining in force for the purpose of sustaining
<br />any and all proper actions. suits, proceedings, andprosecutions for
<br />the enforcement of the penalty, forfeiture or liability. as well as for
<br />the purpose of sustaining any Judgment, decree, or order which can
<br />or may be rendered, entered, or made in such actions, suits, pro-
<br />ceedings, or prosecutions.
<br />5ection._6, All other ordinances or portions thereof inconsis-
<br />tent or conflicting with this ordinance or any portion hereof are
<br />hereby repealed to the extent of such inconsistency or conflict.
<br />INTRODUCED, READ, PASSED ON FIRST READING, AND OR-
<br />DERED PUBLISHED this day of 2021.
<br />Ashley Stolzmann, Mayor
<br />ATTEST:
<br />Meredyth Muth, City Clerk
<br />APPROVED AS TO FORM:
<br />Kelly PC
<br />City Attorney
<br />PASSED AND ADOPTED ON SECOND AND FINAL READING, this
<br />_ day of 2021.
<br />Prairie Mountain Media, LLC
<br />PUBLISHER'S AFFIDAVIT
<br />County of Boulder
<br />State of Colorado
<br />The undersigned, Shavla Nalera , being first duly
<br />sworn under oath, states and affirms as follows:
<br />1. He/she is the legal Advertising Reviewer of
<br />Prairie Mountain Media LLC, publisher of the
<br />Daily Camera.
<br />2. The Daily Camera is a newspaper
<br />of general circulation that has been published
<br />continuously and without interruption for at least
<br />fifty-two weeks in Boulder County and
<br />meets the legal requisites for a legal newspaper
<br />under Colo. Rev. Stat. 24-70-103.
<br />3. The notice that is attached hereto is a true copy,
<br />published in the Daily Camera
<br />in Boulder County on the following date(s):
<br />Jul 18. 2021
<br />Subsgribed and sworn to me before me this
<br />(SEAL)
<br />♦
<br />MELISSA L NAJERA
<br />NOTARY PUBLIC
<br />STATE OF COLORADO
<br />NOTARY ID 20064049936
<br />MY COMMISSION EXPIRES DECEMBER 11, 2022
<br />Account:
<br />Ad Number:
<br />Fee:
<br />1048836
<br />1816198
<br />$213.40
<br />1.4
<br />Ashley Stolzmann, Mayor
<br />ATTEST:
<br />Meredyth Muth, City Clerk
<br />Published: Boulder Daily Camera July 18, 2021-1816198
<br />
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