12/30/2019 – UPDATE: BE ADVISED – As stated on the ballot, A “yes/for” vote on the ballot question is a vote in favor of changing the current law or existing circumstances, and a “no/against” vote on the ballot question is a vote against changing current law or existing circumstance.  What this means – A YES vote is in favor of a water tap moratorium and all other conditions as written in the proposed citizen initiated ordinance below. A NO vote is against a water tap moratorium and all other conditions as written in the proposed citizen initiated ordinance below.

Water Tap Moratorium Language as provided via the citizens initiative:

State of Colorado

Town of Paonia

Citizen Initiative Proposed Ordinance

Section 1. Amendment of Town Code.

Chapter 13, Article 1, of the Town Code is amended by the addition of the following:

Sec. 13-l-131 Moratorium.

(a)        Definitions. As used in this Section, unless the context clearly indicates otherwise, the following terms shall have the following meanings.

Moratorium means suspension of the sale of domestic water taps that the Town of Paonia is not legally obligated to serve on the effective date of this ordinance.

Tap means a physical service connection to the municipal domestic water supply distribution system or right to water supplied by the Town of Paonia. For the purposes of this Section, tap shall also include the extension of water delivery pipes.

(b)        Moratorium on the Sale of Water Taps.

A moratorium is hereby imposed on the sale of water taps by the Town of Paonia.

(c)        Requirements for termination of the moratorium and limits on future sales.

(1)        This moratorium shall be in effect until the following conditions are met:

(i)         A report, bearing the seal of a licensed engineer experienced in domestic water supply systems, finds that the Town of Paonia has in operation sufficient infrastructure and associated water rights to serve all existing obligations for water into the foreseeable future, and;

(ii)        A report, bearing the seal of a licensed engineer experienced in domestic water supply systems, quantifies additional obligations, enumerated in the form of water taps, that the Town of Paonia can reasonably supply without the likelihood of adversely affecting the service to existing water tap holders.

(d)       The Town of Paonia shall not incur obligations for more water taps than the number quantified in the report required by subsection (c)(I )(ii) above, unless another report meeting the conditions of subsection (c)(1)(ii) establishes a new limit.

(e)        This moratorium shall not apply to water delivered at a stand pipe or public tap operated by the Town of Paonia.

Section 3. Severability.

If any provision of this ordinance or the application of it to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or applications. The provisions of this ordinance are expressly declared to be severable.

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