AN ORDINANCE, IN ADDITION TO ORDINANCE NO. 545, RELATING TO THE

IMPOSITION OF THE DRINKING WATER PROJECT FEES FIXING ASSESSMENTS

FOR THE USE THEREOF AND PROVIDING FOR THE COLLECTION THEREOF

WHEREAS, under and by virtue of the authority conferred upon the governing body of the Town of Holly, Colorado by Title 31, Article 35, and Section 402 (b) of the Colorado Revised Statutes to operate and maintain water facilities or sewer facilities or both for its own use and for the use of public and private consumers and users within and without the territorial boundaries of the municipality; and

WHEREAS, Title 31, Article 35, and Section 402 (f) of the Colorado Revised Statutes confers upon the governing body of the Town of Holly, Colorado the power to prescribe, revise, and collect in advance or otherwise, from any consumer or any owner or occupant of any real property connected therewith or receiving service therefrom, rates, fees, tolls, and charges or any combination thereof for the services furnished by, or the direct connection with, or the use of, or any commodity from such water facilities; and

WHEREAS, the Town's water facilities and infrastructure have not been updated or modernized for many years, and it is necessary to ensure the Town's ability to repay the USDA loan for the drinking water project upgrade; and

WHEREAS, this Ordinance is in addition to Ordinance No. 545, which indicates the current water and sewer rate user fees for operating expenditures, and will be shown as a separate line item on the utility billing statements.

NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Holly, Colorado that the following Section 1, shall pertain to the Town's water utility Drinking Water Project Loan Repayment:

^{Section 1.} The following monthly minimum water rates for the Drinking Water Project Loan Repayment shall be charged to each water meter served within and without the corporate limits of the Town of Holly, Colorado and are hereby fixed and established, due and payable monthly, for such connections and uses. The monthly minimum shall be based on 3,000 gallons of usage and is reflected as follows:

Section 2. Any ordinances, resolutions, or motions heretofore existing and in conflict with the provisions of this ordinance are hereby repealed, except that, in the event the Town of Holly Board of Trustees should permanently suspend the provisions herein adopted, or for any other reason, refuse to permit the changes herein provided for, then the existing ordinances, resolutions, and motions heretofore adopted and governing the water department shall be continued in full force and effect.

Section 3. This Ordinance may be reassessed and amended with a Resolution for rate changes to follow as necessary, in order for the Drinking Water Project Loan Repayment requirements to be fulfilled.

Section 4. This Ordinance shall become effective for the January 2025 utility billing cycle in February along with the publication thereof.

INTRODUCED for first reading this 8^th day of January, 2025.

/s/ Blaine Ice, Mayor Pro Tem

ATTEST:

/s/ Cynthia S. Humrich, Clerk/Treasurer

INTRODUCED for second reading, approved, and ordered published this 5^th day of February, 2025.

/s/ Blaine Ice, Mayor Pro Tem

ATTEST:

/s/ Cynthia S. Humrich, Clerk/Treasurer