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HomeMy WebLinkAbout08667 ORDINANCE NO. 8667 AN ORDINANCE AMENDING CHAPTERS 6 AND 7 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO AND INCREASING SEWER USER CHARGES 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: [] January 1, 2013 (1) Commencing on March 1, 2010 , and for each month in [] 2017 each year thereafter through December 31, 2015 , 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 [] 2018 accordance with the following table. Commencing January 1, 2016 , 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) March 2010 to Jan. 1, 2011, to Jan. 1, 2012, to Jan. 1, 2013, to Jan. 1, 2014, to Jan. 1, 2015, to Year Dec. 2010 Dec. 2011 Dec. 2012 Dec. 2013 Dec. 2014 Dec. 2015 Meter Line Monthly Service Charge (in U.S. Dollars) Size in 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 ] Table 16-6-2(a)(1) Jan. 1 2013 to Jan. 1, 2014, to Jan. 1, 2015, to Jan. 1, 2016, to Jan. 1, 2017, to Year Dec. 2013 Dec. 2014 Dec. 2015 Dec. 2016 Dec. 2017 Monthly Service Charge (in U.S. Dollars) Meter Line Size in Inches ⅝ and ¾ 11.35 12.20 13.12 14.10 15.16 1 13.50 14.51 15.60 16.77 18.03 1½ 20.33 21.85 23.49 25.26 27.15 2 30.36 32.64 35.08 37.72 40.54 3 54.05 58.10 62.46 67.15 72.18 4 79.27 85.22 91.61 98.48 105.86 6 129.80 139.54 150.00 161.25 173.34 8 172.09 185.00 198.87 213.79 229.82 _____________________________________________ [] January 1, 2013 (2) Commencing on March 1, 2010 , and for each month in [] 2017 each year thereafter, through December 31, 2015 , 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 1,2016 2018 , 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) March 2010 to Jan. 1, 2011, to Jan. 1, 2012, to Jan. 1, 2013, to Jan. 1, 2014, to Jan. 1, 2015, to Year Dec. 2010 Dec. 2011 Dec. 2012 Dec. 2013 Dec. 2014 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 ] Table 16-6-2(a)(2) Jan.1, 2013 to Jan. 1, 2014, to Jan. 1, 2015 to Jan. 1, 2016, to Jan. 1, 2017, to Year Dec. 2013 Dec. 2014 Dec. 2015 Dec. 2016 Dec. 2017 Monthly Sewer Volume Charge (in U.S. Dollars per 1,000 gallons) Nonindustrial 2.65 2.85 3.06 3.29 3.54 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 20132013 March 2010 , through and including December 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 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 [] Wastewater 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. [] January 1, 2013 Commencing on 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 [] Wastewater 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 []2018 discharge. Commencing on January 1, 2016 , 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) 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 ] Table 16-6-2(b)(1) Jan, 2013 to Dec. Jan. 1, 2014, to Jan. 1, 2015, to Jan. 1, 2016, to Jan. 1, 2017, to Year 2013 Dec. 2014 Dec. 2015 Dec. 2016 Dec. 2017 Monthly Sewer Volume Charge (in U.S. Dollars) Industrial Use 2.65 2.85 3.06 3.29 3.54 ___________________________________________________ (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. [] January 1, 2013 (1) Commencing on March 1, 2010 , and as adjusted for each month and year thereafter as indicated in the following table, through [] 2017 December 31, 2015 , 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 monthly service charges as may be provided by agreement or resolution of the [] 2018 City Council. Commencing January 1, 2016 , 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. [] January 1, 2013 (2) Commencing on March 1, 2010 , and as adjusted for each month and year thereafter as indicated in the following table, through [] 2017 December 31, 2015 , 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 [] 2018 January 1, 2016 , 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) March 2010 to Jan. 1, 2011 to Jan. 1, 2012 to Jan. 1, 2013 to Jan. 1, 2014 to Jan. 1, 2015 to Year: Dec. 2010 Dec. 2011 Dec. 2012 Dec. 2013 Dec. 2014 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 District Industrial 2.00 2.00 2.05 2.10 2.15 2.21 Use ] Table 16-6-2(c) Jan. 1, 2013 to Jan. 1, 2014 to Jan. 1, 2015 to Jan. 1, 2016 to Jan. 1, 2017 to Year: Dec. 2013 Dec. 2014 Dec. 2015 Dec. 2016 Dec. 2017 Monthly Sewer Volume Charge (U.S. Dollars per 1,000 gallons) Blende Sanitation District 2.10 2.26 2.43 2.61 2.81 Nonindustrial Use Blende Sanitation District Industrial 2.10 2.26 2.43 2.61 2.81 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 ][] C cents ($178.05); provided, however, that commencing on January 1, 2007 2013 , 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, 2016 Jan. March March March March Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, and 2007 to 2007 to 2008 to 2009 to 2010 to 2011 to 2012 to 2013 to 2014 to 2015 to subseq Feb. Feb. Feb. Feb. Dec. Dec. Dec. Dec. Dec. Dec. uent 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 ] Table 16-6-2(d)(2) Jan. 1, 2023 Jan. 1, Jan. 1, Jan.1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, and 2013 to 2014 to 2015 to 2016 to 2017 to 2018 to 2019 to 2020 to 2021 to 2022 to subse Year Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. quent : 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 years Septic Haulers’ Combined Monthly Sewer Volume Charge and Excessive Strength Surcharge (in U.S. Dollars per 1,000 gallons) 39.00 41.93 41.93 41.93 41.93 41.93 41.93 41.93 41.93 41.93 41.93 ___________________________________________ (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 (b) of Section 16-7-2 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: [ Table 16-7-2 (b) Jan. 1, 2016 Jan. March March March March Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, and 2007 2007 2008 2009 2010 2011 2012 2013 2014 2015 subseq to Feb. to Feb. to Feb. to Feb. to Dec. to Dec. to Dec. to Dec. to Dec. to Dec. uent Year: 2007 2008 2009 2010 2010 2011 2012 2013 2014 2015 years $BOD (Dollars per 0.194 0.240 0.300 0.335 0.380 0.380 0.380 0.380 0.380 0.380 0.380 pound for excess BOD) $SS (Dollars per pound 0.134 0.150 0.165 0.180 0.190 0.190 0.1900.1900.1900.1900.190 for excess SS) MC (Dollars 170.00 176.30 184.20 189.20 195.50 195.50 195.50 195.50 195.50 195.50 195.50 per Month) ] Table 16-7-2 (b) Jan. 1, Jan. Jan. Jan. Jan. Jan. Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, 2023 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 and to to to to to to to to to to subse Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. quent Year: 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 years $BOD (Dollars per 0.380 0.380 0.380 0.380 0.380 0.380 0.380 0.380 0.380 0.380 0.380 pound for excess BOD) $SS (Dollars per 0.190 0.190 0.190 0.190 0.190 0.190 0.1900.1900.1900.1900.190 pound for excess SS) MC (Dollars 195.50 210.16 210.16 210.16 210.16 210.16 210.16 210.16 210.16 210.16 210.16 per Month) 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. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the contract to effectuate the transactions described therein. SECTION 5. This Ordinance shall become effective immediately upon passage and approval. INTRODUCED: November 11, 2013 BY: Ami Nawrocki PASSED AND APPROVED: November 25, 2013 Background Paper for Proposed ORDINANCE DATE: November 11, 2013 AGENDA ITEM # R-8 DEPARTMENT: Wastewater Department 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 ISSUE Should Council approve an annual increase to sewer user fees beginning in January of 2014? RECOMMENDATION Approve the 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. During the October 21, 2013 Work Session a detailed presentation was given in regard to the findings and proposed increase in rates, it was the consensus of Council to proceed with the recommended rate increase as presented. The study indicated that the rate structure adopted by the City Council in 2010, which included no adjustments, and the rate structure adopted by the City Council in 2011, which included an increase of less than half of that recommended, is inadequate to fund the activities described in the 10-year Capital Improvement Plan. The ordinance has therefore been prepared to provide for annual increases in wastewater rates for Pueblo residences and industries, and for the Blende Sanitation District beginning in 2014. 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 2014. FINANCIAL IMPACT The proposed ordinance anticipates that the City Council will make year-by-year determinations of adjustments in sanitary sewer rates.