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HomeMy WebLinkAbout08393ORDINANCE NO. 8393 AN ORDINANCE AMENDING CHAPTERS 6 AND 7 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO AND INCREASING SEWER USER CHARGES AND EXCESSIVE STRENGTH SURCHARGES AND PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1. Section 16-6-2 of Chapter 6, Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16-6-2. Rates and charges. (a) Nonindustrial users. The wastewater charge for nonindustrial users shall be the sum of the monthly service charge and monthly sewer volume charge, computed as follows: [] (1) Commencing on January 1, 2007 March 1, 2010, and for each month in []2015 each year thereafter through December 31, 2011 , for and in accordance with the calendar months and years indicated in the following table, the monthly service charge portion of the wastewater charge shall be assessed and charged based upon the water meter size of the water line or lines servicing the property in []2016 accordance with the following table. Commencing January 1, 2012 , the monthly service charge portion of the wastewater charge shall be as established from time to time by the City Council by ordinance; provided, however, that if City Council fails at any time to do so, the monthly service charge shall remain at the then last established amount. _____________________________________________ [ Table 16-6-2(a)(1) Jan. 1, 2007. to Feb 28, March 2007 to March 2008 to March 2009 to March 2010 to Jan. 1, 2011, Feb. 2008 Feb. 2009 Feb. 2010 Dec. 2010 to Dec. 2011 Year 2007 Meter Line Monthly Service Charge (in U.S. Dollars) Size in Inches ⅝ and ¾ 4.35 6.85 8.40 9.50 10.80 10.80 1 4.49 7.95 9.85 11.35 12.85 12.85 1½ 4.65 11.40 14.95 17.20 19.35 19.35 2 5.05 16.50 22.35 25.75 28.90 28.90 3 6.00 28.45 39.65 45.95 51.45 51.45 4 10.80 41.25 58.15 67.45 75.45 75.45 6 18.00 66.75 95.15 110.50 123.55 123.55 8 25.20 88.15 126.05 146.55 163.80 163.80 ] Table 16-6-2(a)(1) March 2010 Jan. 1, 2011, Jan. 1, 2012, Jan. 1, 2013, Jan. 1, 2014, Jan. 1, 2015, Year to Dec. 2010 to Dec. 2011 to Dec. 2012 to Dec. 2013 to Dec. 2014 to Dec. 2015 Meter Line Size in Monthly Service Charge (in U.S. Dollars) Inches ⅝ and ¾ 10.80 10.80 11.07 11.35 11.63 11.92 1 12.85 12.85 13.17 13.50 13.84 14.18 1½ 19.35 19.35 19.83 20.33 20.84 21.36 2 28.90 28.90 29.62 30.36 31.12 31.90 3 51.45 51.45 52.74 54.05 55.41 56.79 4 75.45 75.45 77.34 79.27 81.25 83.28 6 123.55 123.55 126.64 129.80 133.05 136.38 8 163.80 163.80 167.90 172.09 176.39 180.80 _____________________________________________ [] (2) Commencing on January 1, 2007 March 1, 2010, and for each month in []2015 each year thereafter, through December 31, 2011 , for and in accordance with the calendar months and years indicated in the following table, the monthly sewer volume charge portion of the wastewater charge for each property with metered water service furnished and provided by the Board of Water Works shall be the amount shown in the following table for each one thousand (1,000) gallons [] of water furnished and supplied to the property. Commencing January 1, 2012 2016 , the monthly sewer volume charge portion of the wastewater charge for each one thousand (1,000) gallons of water shall be as established from time to time by the City Council by ordinance; provided, however, that if City Council fails at any time to do so, the monthly sewer volume charge shall remain at the then last established rate. _______________________________________________________ [ Table 16-6-2(a)(2) Jan. 2007 to March 2007 March 2008 March 2009 March 2010 to Jan. 1, 2011, Year Feb. 2007 to Feb. 2008 to Feb. 2009 to Feb. 2010 Dec. 2010 to Dec. 2011 Monthly Sewer Volume Charge (in U.S. Dollars per 1,000 gallons) Nonindustrial 1.48 1.56 1.96 2.22 2.52 2.52 Use ] Table 16-6-2(a)(2) March 2010 to Jan. 1, 2011, Jan. 1, 2012, Jan. 1, 2013, Jan. 1, 2014, Jan. 1, 2015, Year Dec. 2010 to Dec. 2011 to Dec. 2012 to Dec. 2013 to Dec. 2014 to Dec. 2015 Monthly Sewer Volume Charge (in U.S. Dollars per 1,000 gallons) Nonindustrial 2.52 2.52 2.58 2.65 2.71 2.78 Use ____________________________________________ (3) The monthly sewer volume charge shall be based upon the monthly water meter measurements and readings (or estimates thereof) of the Board of Water Works and shall be computed and billed as follows: a. The monthly sewer volume charge shall be the amount specified in Table 16- 6-2(a)(2) for the applicable month and year for each one thousand (1,000) gallons of water charged and billed to the property by the Board of Water Works during its January and February monthly billing periods for said year. The term monthly billing period, as used herein, commences when a water meter is read in the prior month and ends when the water meter is read in the subsequent month of billing. b. The monthly sewer volume charge for each month from and including [][] January 1, 2007 March 1, 2010, through and including December 2007 2010 and for the months of January through December each year thereafter, shall be calculated as the amount specified in Table 16-6-2(a)(2) for the applicable month and year in dollars per one thousand (1,000) gallons multiplied by the average of the thousands of gallons of water charged and billed to the property by the Board of Water Works during the immediately preceding January and February. c. If for any reason water meter readings are not made or are delayed, the sewer volume charge shall be computed upon an estimate of water services and the actual charge therefor shall be made and apportioned upon the actual meter measurement and readings made thereafter. d. In the event a property is connected to the Board of Water Works system after February of any year or if for some other reason there is not available an average monthly sewer volume charge based upon the January-to-February billing periods or such periods in prior years, the monthly sewer volume charge shall be an amount equal to the applicable calendar year monthly rate specified in Table 16-6-2(a)(2) per one thousand (1,000) gallons of water used multiplied by five (5) per month for each residential unit served at each property. e. The sewer volume charge for each property using water not metered by the Board of Water Works shall be an amount equal to the applicable calendar year monthly rate specified in 16-21 Table 16-6-2(a)(2) per one thousand (1,000) gallons of water used multiplied by five (5) per month for each residential unit served at each property or the applicable calendar year monthly rate specified in Table 16-6-2(a)(2) per one thousand (1,000) gallons of water used per month based upon the January or February monthly estimated water used or actual monthly water used, whichever would be most proportionate to all classes of users, as determined by the Director of Public Works. (b) Industrial users. (1) The wastewater charge for industrial users shall be the sum of the monthly service charge based upon the meter size and determined in accordance with Paragraph (a)(1) of this Section, and a monthly sewer volume charge. [] Commencing on January 1, 2007 March 1, 2010, and for each month in each year thereafter, for and in accordance with the calendar months and years indicated in the following table, the monthly sewer volume charge for industrial users shall be the amount shown in the following table for each one thousand (1,000) gallons of discharge per month based upon either actual measured discharge or upon water used after adjustment for any permitted use allowance, as determined by the Director of Public Works, plus one hundred percent (100%) of any costs incurred by the City in determining the amount of such discharge. []2016 Commencing on January 1, 2012 , the monthly sewer volume charge for industrial users shall be as established by the City Council from time to time by ordinance; provided, however, that if City Council fails at any time to do so, the monthly sewer volume charge for industrial users shall remain at the then last established rate. ___________________________________________________ [ Table 16-6-2(b)(1) Jan. 2007 to Feb. March 2007 March 2008 March 2009 March 2010 Jan. 1 2011 to Year 2007 to Feb. 2008 to Feb. 2009 to Feb. 2010 to Dec. 2010 Dec. 2011 Monthly Sewer Volume Charge (in U.S. Dollars) Industrial Use 1.48 1.56 1.96 2.22 2.52 2.52 ] Table 16-6-2(b)(1) March, 2010 Jan. 1, 2011, Jan. 1, 2012, Jan. 1, 2013, Jan. 1, 2014, Jan. 1, 2015, Year to Dec. 2010 to Dec. 2011 to Dec. 2012 to Dec. 2013 to Dec. 2014 to Dec. 2015 Monthly Sewer Volume Charge (in U.S. Dollars) Industrial Use 2.52 2.52 2.58 2.65 2.71 2.78 ___________________________________________________ (2) Industrial users are also subject to excessive strength surcharges as provided in Chapter 7 of this Title and all other fees and charges required of industrial users by this Title. (c) Blende Sanitation District. [] (1) Commencing on January 1, 2007 March 1, 2010, and as adjusted for each month and year thereafter as indicated in the following table, through December []2015 31, 2011 , for wastewater delivered to the City's treatment plant from Blende Sanitation District and derived exclusively from nonindustrial customers, the monthly sewer volume charge shall be the specified monthly nonindustrial use rate for the applicable calendar month and year as set forth in Table 16-6- 2(c) below, per one thousand (1,000) gallons, together with such monthly service charges as may be provided by agreement or resolution of the City Council. []2016 Commencing January 1, 2012 , the monthly sewer volume charge shall be as established by the City Council from time to time by ordinance; provided, however, that if City Council fails at any time to do so, the monthly sewer volume charge shall remain at the then last established amount. [] (2) Commencing on January 1, 2007 March 1, 2010, and as adjusted for each month and year thereafter as indicated in the following table, through December []2015 31, 2011 , for wastewater delivered to the City's treatment plant from Blende Sanitation District and derived from industrial customers, the volume charge shall be the specified monthly industrial use rate for the applicable calendar month and year as set forth in Table 16-6-2(c) below, per one thousand (1,000) gallons, together with such monthly service charges as may be provided by agreement or resolution of the City Council, and together with excessive strength surcharges as provided by Chapter 7 of this Title. Commencing on []2016 January 1, 2012 , the monthly sewer volume charge for wastewater delivered by the Blende District derived from industrial customers shall be as established by the City Council from time to time by ordinance; provided, however, that if the City Council fails at any time to do so, the monthly sewer volume charge shall remain at the then last established rate. _____________________________________________ [ Table 16-6-2(c) Jan. 2007 to March 2007 to March 2008 to March 2009 to March 2010 to Jan. 1, 2011 Year: Feb 2007 Feb. 2008 Feb. 2009 Feb. 2010 Dec. 2010 to Dec. 2011 Monthly Sewer Volume Charge (U.S. Dollars per 1,000 gallons) Blende Sanitation District 1.10 1.34 1.61 1.79 2.00 2.00 Nonindustrial Use Blende Sanitation 1.12 1.34 1.61 1.79 2.00 2.00 District Industrial Use ] Table 16-6-2(c) March 2010 Jan. 1, 2011 Jan. 1, 2012 Jan. 1, 2013 Jan. 1, 2014 Jan. 1, 2015 Year: to Dec. 2010 to Dec. 2011 to Dec. 2012 to Dec. 2013 to Dec. 2014 to Dec. 2015 Monthly Sewer Volume Charge (U.S. Dollars per 1,000 gallons) Blende Sanitation District 2.00 2.00 2.05 2.10 2.15 2.21 Nonindustrial Use Blende Sanitation 2.00 2.00 2.05 2.10 2.15 2.21 District Industrial Use _______________________________________________ (d) Sewer users and septic haulers depositing or discharging liquid waste into the system shall be assessed wastewater charges consisting of the sum of the following components: (1) A monthly monitoring charge of one hundred seventy-eight dollars and five cents ($178.05); provided, however, that commencing on January 1, 2007, and as adjusted for each month and year thereafter as indicated in the following table, the amount of the monitoring charge shall be the amount shown in the row for "MC," in Table 16-7-2(b) of Chapter 7 of this Title for the applicable calendar month and year; and (2) A combined monthly sewer volume charge and excessive strength surcharge at the specified monthly rate for the applicable calendar year as set forth in Table 16-6-2(d)(2) below, per one hundred (100) gallons of liquid waste deposited or discharged into the system. Table 16-6-2(d)(2) Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. March March March March 2011 2012 2013 2014 Jan. 1, Jan. 1, 2007 2007 2008 2009 2010 2015 2016 and to to to to to Feb. to Feb. to Feb. to Feb. to Dec. Dec. Dec. Dec. Dec. to Dec. subsequent Year: 2007 2008 2009 2010 2010 2011 2012 2013 2014 2015 years Septic Haulers’ Combined Monthly Sewer Volume Charge and Excessive Strength Surcharge (in U.S. Dollars per 1,000 gallons) 24.60 28.20 32.60 35.60 39.00 39.00 39.00 39.00 39.00 39.00 39.00 ___________________________________________ (e) Airport Collection System. (1) The wastewater charges for all users connected to the Airport Collection System shall be as provided in Subsections (a) and (b) of this Section, subject to the provisions of this Subsection (e). (2) (Reserved) (3) (Reserved) (4) The wastewater charges set forth herein for users connected to the Airport Collection System shall be in addition to, and not in lieu of, any and all other charges or fees associated with or assessed to property owners or occupants of facilities located at the Pueblo Memorial Airport or the Airport Industrial Park. SECTION 2. Subsection C of Section 16-7-2 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: (c) All users subject to excessive strength surcharges shall have samples of their discharge collected and a test report prepared in a manner approved by the Wastewater[] Director of Public Works at least twice annually or more frequently if Wastewater[] so directed by the Director of Public Works. By way of illustration, and not by way of limitation, the following classes of industrial and commercial enterprises may be subject to excessive strength surcharges: malt producers, macaroni and spaghetti producers, fabricated plate works, manufacturing industries, linen suppliers, fruit and vegetable canning, ink manufacturing, printers, sugar processing, commercial or industrial laundries, hotels, restaurants, tallow rendering, corrugated box producers, steel manufacturing, meat packing, bakeries, dairy products processing, drum cleaning, pharmaceutical manufacturers, miscellaneous food manufacturers, grain mills, leather tanning, inorganic chemical manufacturers, animal fats and oil processing, and slaughterhouses. SECTION 3. This Ordinance may be enforced as provided in Sections 16-7-19, 16-7-20, 16-7- 21, 16-7-26, 16-9-13, 16-9-14 and 16-9-15 of Title XVI of the Pueblo Municipal Code, as amended, the remedies therein stated being cumulative, with the exercise of any one or more not constituting any bar or limitation to the exercise of the other. Any person found guilty of a violation of this Ordinance shall be punished as provided in Section 1- 2-1 of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective thirty (30) days after final passage and approval; provided, however, that the changes made in this Ordinance to sewer user rates and charges in effect on the date of final passage shall take effect on the date or dates so specified, and if not so specified, shall become effective on December 31, 2011 at 11:59 p.m. INTRODUCED September 12, 2011 BY: Vera Ortegon COUNCILPERSON PASSED AND APPROVED: September 26, 2011 Background Paper for Proposed ORDINANCE DATE: September 12, 2011AGENDA ITEM # R-6 DEPARTMENT: WASTEWATER GENE MICHAEL, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTERS 6 AND 7 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO AND INCREASING SEWER USER CHARGES AND EXCESSIVE STRENGTH SURCHARGES AND PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS THEREOF ISSUE Should the City Council increase sewer user fees and excessive strength by 2.5% beginning in 2012? RECOMMENDATION Approval of Ordinance. BACKGROUND Pueblo’s Municipal Code presently requires that a review of wastewater rates be performed at least every two years to ensure that the rates generate sufficient revenue to pay the total operation and maintenance costs necessary to operate and maintain the wastewater system properly, and to ensure that the rates maintain the proportionate distribution of costs among user classes (Section 16-7-9). In accordance with this requirement, Red Oak Consulting, the Wastewater Rate Consultant of Record, reviewed the 10-year Capital Improvement Plan, the Wastewater Department’s debt service requirements, and the fund balances. The findings and recommendations from this review were presented to the City Council at work the sessions on August 13, 2011. A copy of the recommendations from the rate review was previously distributed to City Council. The study indicated that the rate structure adopted by the City Council in 2010 that included no adjustments is inadequate to fund the activities described in the 10-year Capital Improvement Plan. The study recommended annual rate increases of 5.2 percent and alternate options. During a work session, the City Council has determined that current economic conditions make it inadvisable to implement so high of a rate increase. The ordinance has therefore been prepared to provide for increases of 2.5 percent in wastewater rates for Pueblo residences and industries, and for the Blende Sanitation District beginning in 2012. The City Council retains the opportunity to make annual determinations of wastewater rates. Further capital projects may be needed to maintain compliance with anticipated water quality regulations for nutrients. These requirements are expected to be reflected in the discharge permit that is currently scheduled for renewal in 2015. FINANCIAL IMPACT The proposed ordinance anticipates that the City Council will make year-by-year determinations of adjustments in sanitary sewer rates.