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ORDINANCE NO. 3073
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AN ORDINANCE ESTABLISHING A POLICY CONCERNING `95Pcz,
THE EXTENSION OF MUNICIPAL WATER SERVICE OUT-
SIDE THE CITY LIMITS OF PUEBLO, COLORADO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 . DECLARATION OF PURPOSE.
The policies and procedures contained herein are
necessary and desirable for the welfare of the Greater Pueblo
Community, consisting of the City of Pueblo and those adjacent
areas which form a part of the whole community. It is the
purpose of this policy: (a) to encourage well-ordered develop-
ment of those areas which, for technical reasons , cannot annex
to the City of Pueblo; (b) to establish a uniform policy where-
by extension of municipal utilities may be granted to eligible
areas ; (c) to encourage such areas to become a part of the City
of Pueblo at such time as annexation may become possible; and,
(d) to distribute fairly and equitably the costs of municipal
services among those persons who benefit therefrom. To these
ends this policy should be firmly adhered to and liberally
construed.
SECTION 2 . COOPERATION WITH MANAGEMENT OF CITY
SEWERAGE SYSTEM.
It is the express desire of the Board of Water Works.
to cooperate with the City Management to the fullest extent in
all matters concerning the extraterritorial extension of muni-
cipal services , and to that extent the Board of Water Works
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declares its intention to make every reasonable effort to fully
correlate the extensions of the City water system with exten-
sions of City sewers and sewage treatment facilities .
SECTION 3 . APPLICATION.
Application for extraterritorial water shall be made
upon forms supplied by the Water Board by the landowner or per-
son purchasing under a contract of sale which had been placed
on record. Such application shall contain:
1. The full name or names of the owners or contract
purchasers of the land to which extraterritorial water service
is requested.
2 . The legal description of the land to be so served,
together with the street address , if any.
3 . The number and size of taps desired or requested
and the pipe sizes required to supply such taps .
4. A statement that the applicant acknowledges the
use of such services to be a privilege which may be terminated
without notice or hearing at any time the Water Board shall deem
it in the best interests of the City and its inhabitants so to do.
5 . A statement of the intended use to be made of the
property to be served, whether it be residential, commercial or
industrial.
6 . A statement that the applicant agrees to execute
and place on record an agreement which shall be binding upon and
shall run with the land to be served with such utilities to the
effect that such land shall become annexed immediately upon be-
coming eligible for annexation.
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7 . A statement to the effect that the applicant
agrees that any structure or improvement to receive City water
service shall be constructed in compliance with all City
building codes (if construction has not begun) or that any
existing structure will be modified to conform to existing
City building codes in the event of substantial alteration or
modification. Further, that all alterations thereafter made
in such structure of a total value, including labor and
materials , of $50.00 or more, shall be made only after apply-
ing for and obtaining a City Building Permit therefor, and
shall be made in compliance with all City building codes then
in existence. In determining the fee payable upon issuance
of a City Building Permit, the applicant shall be credited
with all fees paid to the County Building Inspector for a like
permit . Any cost of alteration in excess of 25% of the assess-
ed value shall be conclusively deemed a substantial alteration.
All plumbing fixtures and individual plumbing systems shall
comply with City plumbing codes before connection to the City
water system shall be permitted.
8 . The signature of the applicants . If the appli-
cant is a corporation, the application shall be signed by its
duly authorized officer and attested by the secretary of the
corporation.
SECTION 4. STANDARDS OF ELIGIBILITY.
A. The Water Works General Manager shall review or
cause to be reviewed each application for extraterritorial
municipal water services , and may grant a construction permit
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for the extension of such services if each of the following
conditions shall exist:
1. The area to be served is not eligible for an-
nexation at the time of the application.
2 . The area to be served shall be annexable in the
foreseeable future.
3 . The area to be served is a logical and feasible
addition to the City of Pueblo .
4. Proper land use of the area to be served is con-
templated by the applicant . Compliance with the Pueblo County
Zoning Resolution shall be prima facie evidence of proper land
usage.
5 . The applicant shall state its willingness and
ability to pay the cost of all extensions and improvements in-
cluding any oversize pipe, pump stations , etc . , that may be
required to meet the Water Board's specifications on the basis
of the proposed use and projected future growth of the system.
Proof of financial ability shall be required by the General
Manager before issuing any permit to construct said extension.
Such proof may be in the form of a performance bond in an
amount sufficient to cover the estimated cost of such project,
cash deposit, escrow agreement, or such other method of
assurance as shall be sufficient to satisfy the General Manager
of the applicant ' s willingness and ability to complete the pro-
ject within a reasonable time. All water lines and appurte-
nances thereto which may be built by the applicant shall meet
all specifications of the Board of Water Works . Detailed con-
struction plans shall be submitted to the General Manager of
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the Water Works for his written approval before any construc-
tion work is begun.
B. The decision of the Water Works General Manager
as to items 2 and 3 of subsection A above, if adverse to the
applicant, may be appealed by the applicant to the Planning
and Zoning Commission of the City of Pueblo; provided, such
appeal must be made in writing delivered to the Commission
within ten days after receipt of the Manager ' s decision. The
decision of the commission shall be final.
SECTION 5 . CONDITIONS OF PERMIT.
In the event the General Manager shall find the
foregoing criteria to be satisfactorily established, he shall
impose the following conditions upon the applicant before any
construction or connection permit shall be issued:
1. The General Manager shall determine (a) the size
of the facilities that will be required by the applicant
(based upon the projected future growth needs of the area
which may reasonably be served by the requested water line) ;
and (b) the distance from existing facilities to the area to
be served. Based upon such determination the General Manager
shall determine the number and size of taps or connections
which may be made to such service, and a separate connection
permit (as distinguished from a construction permit) shall be
issued for each such tap or connection at the time the same
shall be made.
2 . The applicant shall execute and place on record
an agreement which shall be binding upon the land and shall
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run with the land to the effect that the land to be served
will become annexed immediately upon becoming eligible for
annexation.
3 . The applicant shall execute and place on record
an agreement which shall be binding upon and shall run with
the land to the effect that structures existing upon the land
at the time of issuance of the permit which do not conform to
the Building Codes of the City of Pueblo shall be made to con-
form to such City Building Codes then in effect in the event
of substantial alteration or modification. All plumbing fix-
tures and individual plumbing systems , including the construc-
tion of septic tanks where public sewers are not available,
shall comply with City plumbing codes then in effect prior to
the connection of such system to the City water system. All
new buildings to be constructed within the area subsequent to
the installation of such municipal utilities shall be required
to comply with all City Building Codes relating to the con-
struction of such structures . Permits shall be obtained from
the Inspection Division of the City of Pueblo, Department of
Public Works, for all structural, electrical, and plumbing
work to be performed on such structures in all respects the
same as though the structure were within the jurisdiction of
all City ordinances relating thereto.
4. No construction permit shall be issued for the
extension of water service unless the permittee shall have
made prior or simultaneous arrangements for the provision of
public sewer service to the area to be served. Where public
sewer service is not available within 300 feet of the proposed
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site to be served, a septic tank constructed in compliance
with the City plumbing code shall be deemed equivalent to the
public sewer service.
SECTION 6 . PERMIT
The construction permit shall contain the following
statements :
1 . The number and size of connections to be per-
mitted upon such extension of the water service and the ap-
proximate location of each connection.
2 . A sketch or drawing of the extension and all
proposed connections to be made thereto shall be attached.
3 . In the event the Water Board shall require over-
sized facilities , such provision as shall be agreed upon for
the repayment to the permittee for the extra cost of such
oversized facilities .
4. A statement to the effect that the use of any
property for any purpose other than that set forth in the
original application shall forthwith terminate the permittee' s
privileges without notice and without recourse and that the
cost of disconnection may be charged against the permittee.
5. A statement that the Pueblo Board of Water Works
reserves the right to discontinue such service at any time,
without recourse.
6 . A statement to the effect that the Board of
Water Works reserves to itself the right to establish the
rates to be charged for such service and to change such rates
at its discretion, without notice or hearing, but that in no
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event shall such rate be less than the published rates for
out-of-city water consumers .
7 . A statement to the effect that in addition to
all other rates and charges, the user agrees to pay to the
Board of Water Works for the privilege of receiving water
service an amount not less than current City taxes , as set
forth in Section 9(B) hereunder.
8 . A statement that the permit shall expire without
recourse unless such facilities are constructed and placed in
use within one year from the date of issuance of such permit.
9 . Such construction permit shall be signed by the
General Manager of the Water Works .
10 . A copy of such construction permit shall be
filed by the General Manager in the office of the City Clerk
of the City of Pueblo.
SECTION 7. METROPOLITAN SEWER AND WATER DISTRICTS.
(A) In the event the applicant shall be a duly or-
ganized metropolitan sewer or water district, such district
shall agree as a condition to the issuance of a construction
permit that all inhabitants of the district shall be subject
to all restrictions herein set forth and that no person in
the district shall be permitted to connect with any facility
of the district which in turn is connected to a municipal
utility until such person shall agree in writing to be bound
by and subject to all restrictions set forth in this policy.
(B) Said district shall further agree that in the
event such district shall become completely annexed to the
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City, it shall exercise no further management or operational
jurisdiction over its system, but shall cede such jurisdiction
to the Board of Water Works if a water system or to the City
of Pueblo if a sewer system and shall retain its corporate
existence only for the purpose of levying a tax to pay the
debt service of the district and when such debt is paid in
full the district shall thereupon be dissolved as by statute
made and provided.
(C) No metropolitan district attached to any muni-
cipal utility as provided in this ordinance shall thereafter
increase or decrease the area of its district without the
written consent of the Board of Water Works (if a water
district) or of the City Council of the City of Pueblo (if a
sewer district) first had and obtained.
SECTION 8 . COST OF CONSTRUCTION.
(A) The permittee shall pay the costs of all exten-
sions and improvements, including any oversized pipe, pump
stations , etc . , that may be required to meet Water Board spe-
cifications on the basis of the projected future growth of
the area to be served. All costs of acquiring right-of-way
and easements shall be paid by the permittee. The permittee
shall comply with the main extension policy of the Pueblo
Water Board then in force.
(B) Title to all mains , pipes , equipment, rights-
of-way and easements shall be conveyed to the City of Pueblo
in trust for the use and benefit of the Board of Water Works
before any connection thereto shall be permitted and shall
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remain the property of the City of Pueblo without recourse.
The permittee shall indemnify and defend the City of Pueblo
against any loss , claim, action or suit which may be made or
brought against the Water Board or the City of Pueblo as a
result of the installation of such utility.
SECTION 9. CHARGES.
(A) The Board of Water Works hereby reserves to it-
self the power to establish rates to be charged for water
services outside the City Limits and shall have the power to
change such rates at its discretion without notice or hearing.
(B) In addition to all other rates and charges ,
the Board of Water Works shall levy upon all users under this
ordinance an annual privilege charge in an amount equal to the
City's current mill levy multiplied by the assessed valuation
of the property served as shown on the books and records of
the County Assessor of Pueblo County, Colorado. In the event
that both extraterritorial sewer and water services are grant-
ed to the applicant, such payment shall be shared equally by
the City of Pueblo and the Board of Water Works . In no event
shall the total privilege charge made by both City and Water
Works exceed the current mill levy times assessed value, as
set forth above. Nothing contained herein shall be construed
to limit the power of the Board of Water Works to establish
other charges or rentals for the privilege of obtaining and using
available water and water service; provided, however, that for
industrial users the Board of Water Works may waive the pri-
vilege charge. For the purposes of this section, an industrial
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user is defined as a public institution supported principally
by public funds or any processing, manufacturing, mining, re-
fining, building construction, road construction, highway,
railroad and air transportation services , and storage and ware-
housing services . Real estate development, mobile home parks ,
residential uses , retail sales and merchandising operation, and.
similar commercial activities , shall not be deemed industrial.
(C) In the event any person using said municipal
water service shall neglect, fail or refuse to pay when due
the rates and charges as fixed by the Board of Water Works,
the property of such delinquent person may be disconnected
from said municipal water service and denied the use thereof.
SECTION 10. DISCONTINUANCE OF USE.
(A) Nothing in this policy shall be construed as
denying any property owner affected by this policy from volun-
tary discontinuance of the municipal water service . Such dis-
continuance of service shall be evidenced by disconnection of
said property from the municipal water mains and not other-
wise. In the event of such discontinuance, all rates or charges
accruing thereafter shall be abated and thereafter no such charge
shall be made.
(B) In the event the water system of the City of
Pueblo shall become overloaded as a result of such extra-
territorial use, or shall become inadequate to serve the resi-
dents of the City of Pueblo, or shall be contaminated by reason
of connection to such extraterritorial use, the same shall be
immediately disconnected upon the order of the General Manager .
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SECTION 11. NON-PAYMENT -- REMEDIES
(A) The Board of Water Works may treat all charges
and fees imposed by virtue of this policy or any schedule of
charges or fees adopted by virtue hereof, when due and unpaid,
as a debt due the Board from the user. In case of failure to
pay such charges , or any portion thereof, when due, the Board
may recover at law the amount of such charges and interest in
any court having jurisdiction of the person of the debtor and
the subject matter of the action.
(B) All remedies set forth in this policy are cumu-
lative and the exercise of one shall not bar the exercise of any
other .
(C) It shall be the duty of the Board Attorney, when
directed by the General Manager, to commence action for the dis-
continuance of service under this policy, and disconnection of
service lines from the water mains of the City, and to commence
action for the recovery of all charges owing and payable under
the terms of this policy or any schedule of charges or fees adopted
pursuant hereto.
SECTION 12 . REPEAL.
All ordinances in conflict herewith are hereby repealed.
SECTION 13. SEVERABILITY.
If any provision of this ordinance or the application
thereof to any person or circumstancesis held invalid, such in-
validity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid
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provision or application, and to this end the provisions of
this ordinance are declared to be severable.
SECTION 14. EFFECTIVE DATE. /
This ordinance shall take effect on „1, 4„_,'i a(
R7,1/, 1966 .
INTRODUCED /1/12,' , 1966
BY JAMES M. WATSON
Councilman
APPROVED:
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PRESIDENT OF THE COUNCIL
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