§ 15-112. Ownership and operation district facilities.

(a)

General statement of policy. The town has agreed to undertake the provision of sanitation service to property in the Bayfield and Gem Village areas. In order to achieve that goal, the town has assumed responsibility for the operation and maintenance of the sewage collection and treatment system in accordance with this division however, the town assumes no liability or responsibility for inadequate treatment or interruption of service due to circumstances beyond the town's control.

(b)

Liability. The town shall not be liable for any claims or damages arising from clogging in the system causing backup of effluent, breakage of lines, injuries to persons or property growing out of the maintenance or operation of the sewage collection and treatment system or from interruption of service. Although the town will inspect service lines, it assumes no responsibility for the negligent design, installation, maintenance or operation of service lines. The town does not waive any defenses or immunity from claims arising under the Governmental Immunity Act of the State of Colorado.

(c)

Ownership. All public sewer lines (sewer mains) shall become and are the property of the town. Town ownership shall be valid without any conveyance required. The connection of a public sewer to the town's system with town permission shall automatically transfer ownership to the town regardless of the party who constructed or paid for installation. All service lines, whether presently existing or connected in the fixture, shall become and are the property of the owner who receives service from such line.

(d)

Agents of the town. Any duly authorized representatives of the town, including its manager, engineer, attorney or other employee or subcontractor, is authorized to enforce the provisions of the codes and standards, including this division and, to the extent necessary, to enter upon public and private property for the purpose of inspection, observation, sampling, testing and enforcement.

(Ord. No. 329, § 15-102, 12-18-07)