[Adopted as Sec. 9-2-1 through Sec. 9-2-22 of the 1980 Code,
as amended 7-1-2011]
This article shall be known as the "Water Service Ordinance."
The Village water system is hereby declared to be for the health,
safety and welfare of the Village of Bosque Farms for the purposes
of operation, management, accounting, billing and collection.
A.
This article shall govern production, supply and use of water within
the Village of Bosque Farms, New Mexico for domestic, commercial or
industrial purposes.
B.
Private wells are permitted to be drilled and only used for irrigation
and agricultural purposes by water consumers supplied with municipal
water.
[Amended 9-15-2016]
As used in this article, the following terms shall have the
meanings indicated:
Any person who has applied to the Village office for a connection
to the service.
A service unit not qualifying as a residential consumer,
including any residence or apartment accommodating two or more families,
each having separate kitchen facilities or available to transient
or permanent public, rooming house, hotel cottage, camp, cabin camp,
motel, motor court, trailer park, or sports field, church, school,
and any other institution or place where professional services are
offered or any commercial enterprise or business activity is conducted.
Any person who is receiving the service.
The governing body of the Village of Bosque Farms, New Mexico.
Any commercial consumer who supplies water in any way, by
sale, gift, or otherwise, to any consumer through one meter connection
to the Village water system with specific approval by the Village
Council.
Actual use and possession of a structure and/or area for
the purpose for which it is designed.
Individuals, partnerships, corporation, associations, societies,
clubs, and any other firms, and shall be construed to include both
the masculine and feminine gender.
Any water well in existence before water service becomes
available or in the future which is used for irrigation or agricultural
purposes only.
[Amended 9-15-2016]
The person who legally owns the property as registered with
the Valencia County Assessor's office.
A structure and/or an area within a structure used by a tenant
for which a periodic payment is made.
A single-family residence or dwelling place, including an
individual apartment or each unit of a duplex residential dwelling,
where service is utilized only for domestic purposes.
The sale or supply of water by the Village to property owners
or consumers.
Each location requiring service that is under separate ownership,
occupancy, or lease, including each owner, tenant or occupant utilizing
a portion of a single building or location.
A service unit qualifying as a residential consumer, commercial
consumer, or multi-user master water consumer who has paid for stand-by
service in full but is not connected to the Village water system.
The municipal water system owned and operated by the Village
of Bosque Farms, New Mexico.
The Village of Bosque Farms, New Mexico.
The Mayor shall appoint a Utilities Director, which, in addition
to his/her other duties, may be the Village Clerk, as Utilities Director
of the system. It shall be the duty of the Utilities Director to supervise
and manage the system. The Utilities Director shall be charged with
the enforcement of this article and with the construction, maintenance,
repair, and replacement of the system. The Utilities Director shall
be responsible for all connections to the system. The Utilities Director
shall perform such other duties in connection with the operation of
the system as the governing body may prescribe from time to time.
The Village of Bosque Farms shall make and enforce such rules
and regulations as it may deem necessary for the safe, efficient,
and economical management of the system. Any construction and hook-up
to the Village water system shall be in compliance with the Village
planning and zoning regulations,[1] specifications, and the design handbook which is incorporated
into and made a part of this article. Effective March 1, 1997, mandatory
connection to the system is required of all new construction.
[1]
Editor's Note: See Ch. 10, Land Use.
No owner, agent or occupant shall be allowed to connect any property, building or installation to the system. All connections shall be made only by the Village and only upon receipt of a written application signed by the owner or agent and accompanied by payment of all required fees. Connection without payment is a criminal offense subject to prosecution and imposition of all penalties shown in §§ 9-2-20 and 9-2-21.
[Amended 7-16-2015]
A.
Individuals desiring a single service within 75 feet of the existing
water distribution lines will be issued a connection permit upon proper
application and payment of a connection fee according to meter size.
B.
Individuals will be responsible for installing their own service
line from their property line to the service units, including a shut-off
valve on their service line as close to the meter as possible prior
to the Village installing the meter and water connection.
C.
When service is made available to existing real property, the Village
shall install all meter connections for a residential consumer, commercial
consumer, and multi-user master consumer at the following rates after
payment of said fee:
|
Size of Meter
(inches)
|
Water Connection Fee
| |
|---|---|---|
|
3/4
|
$1,000
| |
|
1
|
$1,085
| |
|
1 1/2
|
$1,740
| |
|
2
|
$2,040
|
D.
A customer who installs a master meter to serve more than one living
unit or more than one commercial unit or combination of living unit
and commercial unit shall pay an amount equal to the number of units
multiplied by the tap fee.
E.
The water connection fee includes the service line from the tap in
the distribution line to the property line of the consumer up to 75
feet, meter box and meter, and miscellaneous fittings and valves to
install the meter in the meter box. The connection fee is subject
to price increases from time to time as meter cost, meter box, service
line, and miscellaneous fitting prices increase.
F.
A stand-by consumer who requests stand-by installation of service
shall pay the hook-up fee in full prior to the termination of the
construction phase. An additional administrative fee of $200 shall
be assessed the stand-by consumer prior to connection to the municipal
water system. The administrative fee of $200 and the meter deposit
of $25 shall be paid in full prior to the water meter being installed.
G.
An additional refundable deposit of $25 shall be paid the Village
for the water meter. The deposit shall be held by the Village of Bosque
Farms and shall be returned upon notice of water disconnection and
full payment of the consumer's water bill.
A.
The property owner shall assign the necessary domestic right to use
water to the Village as per the Change Point of Diversion Agreement
with the Village of Bosque Farms. If the domestic right to use water
cannot be diverted, the property owner will be required to purchase
the necessary water rights. The property owner may elect to have the
Village of Bosque Farms purchase water rights for said individual
at a rate established by the Village of Bosque Farms. The rate will
be based upon user needs and requirements at a minimum charge of $800
per 1/4 acre foot. Charges will be based on water use estimate.
B.
The Village water system is for domestic use only in Zone Districts A-R, R-1, R-1A and C-1 being utilized as a conventional dwelling unit [§ 10-1-11D(5)]. All outside property use in Zone Districts A-R, R-1, R-1A and C-1 being utilized as a conventional dwelling unit will require a private well. Zone District C-1 not being utilized as a conventional dwelling unit may utilize the Village water system for domestic and property use.
[Amended 9-15-2016]
[Amended 4-16-2009; 5-17-2018; 7-1-2018; 7-1-2019; 7-1-2020; 7-1-2021; 9-16-2021; 7-1-2022; 7-1-2023] [Rates effective 7-1-2023]
A.
Usage.
(1)
Residential meter with a usage of less than 5,000 gallons per month
will be a minimum charge of $33.14 per month.
(2)
Water usage between 5,001 gallons and 7,000 gallons will be an additional
$3 per 1,000 gallons.
(3)
Water usage of 7,001 gallons or more will be an additional $4 per
1,000 gallons.
(4)
On July 1 of each year, the minimum monthly charge contained in this
article shall be adjusted automatically to reflect a 2% cost-of-living
increase.
B.
Availability. Water service under this monthly rate schedule is available
within the corporate limits of the Village.
C.
Applicability. Service under this schedule is applicable to individually
metered service units for all normal water users.
D.
If a leak in an outside line is evident and confirmed by the Utility
Department, the Village will bill the consumer for the amount of water
used by that consumer in the same period the previous year plus actual
water production cost per gallon over that usage. If the consumer
does not take timely steps to repair the leak by the following month,
the consumer will be billed for all of the water consumption in that
month and no discount for the leak in subsequent months will be considered.
E.
F.
Commercial water sales.
(1)
All commercial water sales must go through the Water Department.
The Village will provide meters and valves that are assigned to commercial
customers to obtain water from a fire hydrant. A nonrefundable connection
fee of $150 plus a deposit equal to the cost of the meter and valve
is due at the time the service is requested. The beginning meter reading
shall be recorded at the time of the meter rental. The Village will
assign the customer a fire hydrant to be used. If the meter is not
returned on the project completion date specified on the application,
a liquidated damage fee of $100 per week shall be assessed and due
upon date of return.
(2)
Readings shall be called in the first of every month or be brought
in to the Village Office to obtain a meter reading. If a meter reading
is not obtained on the first of every month, the account will be assessed
a $150 fee. The meter shall not be left unattended or attached to
a hydrant overnight. This will result in confiscation and a $325 fee.
If the bulk meter is returned inoperable or in need of repair, damage
fees shall be assessed by the Village and applied. If for any reason
a meter is not registering because of malfunction or vandalism, the
Village will estimate the water bill using an average of three months
previous usage before said malfunction or vandalism.
(3)
Commercial water hauling. All volume amounts: $0.10 per gallon.
(4)
In order to assure proper operations of fire hydrants, no water shall be drawn through any fire hydrant for any other purpose than fire protection, except as provided by special permit from the Village. It shall be unlawful for any person to take water out of a hydrant without prior consent and authorization from the Village or cause any damage to a hydrant. (See §§ 9-2-18 and 9-2-19.)
A.
The Utilities Director shall establish a system by which the water
meter of each consumer shall be read no less often than monthly. Monthly
water statements shall be furnished to each consumer, based upon the
rates established in this article. Water bills shall be due and payable
not later than 20 days after the date of mailing. The Utilities Director
shall establish a proper system of accounting for receipts from water
charges and expenditures of the system and shall furnish a monthly
report to the governing body of the receipts and expenditures of the
water system.
B.
Once a water meter has been installed, residents shall have seven
days to hook up to the Village water system. The Village water billing
cycle will begin seven days after water service is available. If the
seventh day falls after the first of the month, the resident will
not be billed that month but the monthly billings will commence the
following month to ensure the resident has a full 30 days usage of
water.
C.
If a consumer requests to be hooked up to the Village water service
and fails to have water services connected within the seven days allowed,
the consumer shall be billed for the amount of the minimum allowable
monthly water charge for water usage less than 5,000 gallons.
D.
New residents will be required to fill out an application for a new
resident and place a refundable deposit prior to the change of billing
name. The deposit shall be returned upon notice of water disconnection
and full payment of consumer's final water bill.
[Amended 4-20-2017]
[Amended 3-20-2003; 7-16-2015]
A.
If any consumer fails to pay the monthly water charges within 20
days after the date of mailing of the monthly bill, a charge of 10%
of the monthly water billing shall be assessed to the unpaid, delinquent
amount to cover the associated costs and charges in maintenance and
administrative costs for the delinquent account.
B.
The Village may cause water service to be disconnected and may discontinue
service to the service unit if any charge provided herein remains
unpaid 40 days after the date of mailing the monthly bill. In order
to discontinue service, a notice that water service will be cut off
in 10 days will be mailed to the property within the time period specified
hereinabove, along with the name and telephone number of the Clerk,
who shall hear any appeal or complaint about the delinquent bill and
decide whether or not service will be continued. Notification will
be posted to the property in the event the disconnect notice is returned
by the postal service.
C.
When water/sewer service has been disconnected due to delinquent
payment, water/sewer service shall not be restored to the property
and/or consumer until all arrears in charges have been paid, together
with a processing fee of $50. Once the charges have been paid, water/sewer
service will be restored during regular business hours. In the event
a consumer relocates within the Village of Bosque Farms leaving a
delinquent water/sewer bill at his/her previous residence, water/sewer
service at his/her new location will not be provided until the delinquent
charges from service at his/her previous address have been paid.
D.
Tampering with or the removal of a lock on a meter that has been
disconnected due to delinquent payment will result in a fine of $150
assessed to the water consumer.
[Amended 7-16-2015]
In the event any consumer desires to terminate the water service,
notice to that effect must be filed by the consumer with the Village
Clerk on or before the 19th day of the month, or the minimum charge
will be made for the entire following billing month. If a consumer
desires to temporarily terminate the water service, there will be
a turn-off/turn-on fee of $15 each.
Service requests at a distance greater than 75 feet from an
existing distribution line will require extension of the distribution
mains. The extension of the distribution main shall be the responsibility
of the consumer or consumers. Extension shall comply with the following
provisions:
B.
Approval of plans. Drawings of the proposed main line extension layouts
shall be submitted to the Village for approval before any construction
is started. The drawings shall show the location and size of all mains
and service lines, the location and size of all appurtenances, including
valves, fire hydrants, and meters. All new construction shall comply
with Village specifications. Spacing of fire hydrants shall be no
more than 500 feet apart.
C.
Right-of-way. No installation will be made that is not within the
Village right-of-way or within the limits of a right-of-way permit
which is held in the name of the Village. It shall be the responsibility
of the customer or customers extending the main to obtain all right-of-way
and utility permits. The Village, at its option, may require the customer
to obtain a right-of-way certification from a qualified attorney.
D.
Approval of acceptance. In the event that the consumer installs the
main line extension, the Village will inspect it for conformance to
the standard drawings and specifications and may require such tests
and other evidence it deems necessary to ensure compliance with said
standard drawing specifications.
E.
Ownership. Upon completion and acceptance by the Village of the water
or sewer main and appurtenances, all material within the public right-of-way
or a utility easement shall become the property of the Village.
The Utilities Director shall have the final authority to determine
the size and location of all water facilities used in connection with
the system, and in particular shall have the final authority to determine
the sizes of water and main lines and water meters which are to be
utilized for making any connection to the system. A separate connection
and water meter shall be required for each consumer within the Village
system. All fixtures and facilities connected to the system shall
be installed in compliance with statutes and regulations imposed by
the State of New Mexico.
All hookups to the system shall be inspected to ensure proper
installation and hookup and that there is no piping arrangement or
connection by which an unsafe substance may enter the municipal system.
[Amended 7-16-2015]
The Utilities Director shall have the right at any time, without
notice, to shut off water in the system for the purpose of necessary
repairs. In that event, the Village shall not be liable for any damages
occasioned by the interruption of water service.
[Amended 9-19-2013; 7-16-2015]
It shall be unlawful for any person to maliciously, willfully
or negligently remove, break, damage, uncover, deface or tamper with,
by any means, any structure, apparatus, equipment or any part of the
system, including the water meter, or to remove, obstruct or damage
any fire hydrant or valve box. This includes any attempts at turning
the water on or off at the water meter. Any damage to the system will
result in the consumer being billed for repairs or replacement of
parts that were damaged. It is also unlawful for any person to excavate
any street, alley or sidewalk without first obtaining the permission
of the Utilities Director and notification of New Mexico One Call.
[Amended 9-19-2013; 7-16-2015]
The Village may cause the water service to be disconnected and discontinued for any damage to the system as stated in § 9-2-18 or for any of the following activities by the consumer or property owner:
A.
Tampering with the water meter or connection so as to prevent proper
registering of the amount of water actually consumed.
B.
Unauthorized connection to a water distribution line.
C.
Failure to permit the Utilities Director or his agent reasonable
access to the meter or connection. Blocking access with a vehicle
will result in the vehicle being towed at the owner's expense. Any
person or persons who block, obstruct, interfere with and/or fail
to remove any obstruction and/or prevent the Village from gaining
access to the water meter or connection will also be issued a criminal
citation to appear before the Village of Bosque Farms Municipal Court.
Any person found guilty for violating this section shall be subject
to the misdemeanor fines and penalties of the Village of Bosque Farms
Municipal Court as provided by law.
D.
Use of service or operation of equipment so as to interfere with
the quality, safety or continuity of service furnished by the utility
to others.
E.
Willful waste of water through improper or faulty piping, equipment
or other means.
F.
Willful violation of any section of this article.
[Amended 9-19-2013]
Any person violating any of the provisions of this article shall
be deemed guilty of a misdemeanor, and on conviction thereof shall
be fined a sum not to exceed $500 or imprisonment not to exceed 90
days. In addition to such penalties, the Village Attorney shall have
the authority to apply to the District Court for the purpose of obtaining
an order restraining any person from violating any of the provisions
of this article.
Any charge by this article shall be payable either by the owner
or by the occupant of the premises to which service is furnished.
In addition to any other remedy which may be authorized by this article,
the Village shall have a lien upon the tract of land being served
by the system for delinquent charges. The lien shall be imposed and
enforced in the manner provided in NMSA 1978, §§ 3-35-1
through 3-35-5. Exceptions to this section are provided in NMSA 1978,
§ 3-23-6C.
