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Mineral council tightens water-disconnection rules after public warning about legal risks
Summary
The Mineral Town Council voted to amend its water-disconnection policy to prohibit shutoffs when temperatures are below 32°F or above 92°F and to revert a minimum-fee practice. A public commenter warned the council the draft ordinance had multiple due-process gaps that could invite litigation.
The Mineral Town Council voted to amend the town’s water-disconnection policy and adjust a minimum-fee practice after public comment raised legal concerns and council debate.
Vice Mayor Michelle moved to add temperature protections — preventing disconnections when temperatures fall below 32°F or rise above 92°F — and the measure was seconded and approved by roll-call vote as recorded during the meeting. Council separately approved changing the town’s minimum-fee billing procedure back to billing the amount shown on the tax ticket rather than an added flat charge.
Blair Nipper, a public commenter, urged councilors to delay adopting the larger ordinance until its notice and enforcement language was corrected. “The court’s angle looks at due process, not just we technically sent something,” Nipper said, warning that the draft ordinance left multiple notice provisions inconsistent across sections and lacked confirmation that customers actually received notice. He argued the town should require more verifiable delivery — including certified mail when appropriate — define eligibility and denial criteria, and build verification or hardship-exemption steps into the procedure to avoid mechanical shutoffs that could prompt lawsuits.
Council members described the temperature provision as a narrowly focused safety protection and said the minimum-fee change responded to complaints that the additional charge duplicated other billing language. The manager said the attorney will review legal questions the council raises, but that some changes — such as the temperature limits — needed immediate action.
The council’s approvals were recorded by roll-call vote in the meeting minutes. The meeting transcript includes the motions and the roll-call as read aloud; individual roll-call answers are recorded in the official minutes.
Next steps: the council asked staff to incorporate the approved changes into the town code and to forward outstanding ordinance questions to the town attorney for review before further code changes are finalized.
