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HomeMy WebLinkAbout03073 j , T r s l j, v b � ORDINANCE NO. 3073 MEIN EU r p REC ti CITY ti T CLERK `° 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 • 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. -2- 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 -3- • 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 -4- 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 ilk -5- • 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 -6- 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 -7- 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 -8- 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 -9- • 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 -10- 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 . -11- • • 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 -12- 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: cc � of 'YO/ Cr, „6:k.A_A,„,--.X.-- PRESIDENT OF THE COUNCIL ATTEST: (//:// t 721 i , c Ilia City Crk -13-