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HomeMy WebLinkAbout08942 ORDINANCE NO. 8942 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, 2016 (1) Commencing on January 1, 2013 , and for each month in \[\] 2020 each year thereafter through December 31, 2017 , 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 accordance \[\] 2021 with the following table. Commencing January 1, 2018 , 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. _____________________________________________ \[ Table 16-6-2(a)(1) Jan. 1 2013 to Jan. 1, 2014, to Jan. 1, 2015, to Jan. 1, 2016, to Jan. 1, 2017, to Year Dec. 2013 Dec. 2014 Dec. 2015 Dec. 2016 Dec. 2017 Monthly Service Charge (in U.S. Dollars) Meter Line Size in Inches ⅝ and ¾ 11.35 12.20 13.12 14.10 15.16 1 13.50 14.51 15.60 16.77 18.03 1½ 20.33 21.85 23.49 25.26 27.15 2 30.36 32.64 35.08 37.72 40.54 3 54.05 58.10 62.46 67.15 72.18 4 79.27 85.22 91.61 98.48 105.86 6 129.80 139.54 150.00 161.25 173.34 8 172.09 185.00 198.87 213.79 229.82 \] Table 16-6-2(a)(1) Year Jan. 1 2016 to Jan. 1, 2017, Jan. 1, 2018, to Jan. 1, 2019 Jan. 1, 2020, to Dec. Dec. 2016 to Dec. 2017 Dec. 2018 to Dec. 2019 2020 Meter Line Size in Monthly Service Charge (in U.S. Dollars) Inches ⅝ and ¾ 14.83 16.75 18.93 20.63 22.49 1 17.63 19.92 22.51 24.54 26.74 1½ 26.54 29.99 33.89 36.94 40.27 2 39.64 44.79 50.62 55.17 60.14 3 70.58 79.76 90.12 98.23 107.08 4 103.52 116.98 132.18 144.08 157.05 6 169.50 191.54 216.43 235.91 257.15 8 224.72 253.94 286.95 312.77 340.92 ______________________ \[\]January 1, 2016 (2) Commencing on January 1, 2013 , and for each month in \[\]2020 each year thereafter, through December 31, 2017 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 \[\]2021 furnished and supplied to the property. Commencing January 1, 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. _______________________________________________________ \[ Table 16-6-2(a)(2) Jan.1, 2013 to Jan. 1, 2014, to Jan. 1, 2015 to Jan. 1, 2016, to Jan. 1, 2017, to Year Dec. 2013 Dec. 2014 Dec. 2015 Dec. 2016 Dec. 2017 Monthly Sewer Volume Charge (in U.S. Dollars per 1,000 gallons) Nonindustrial 2.65 2.85 3.05 3.29 3.54 Use \] Table 16-6-2(a)(2) Jan.1, 2016 to Jan. 1, 2017, to Jan. 1, 2018 to Jan. 1, 2019 to Jan. 1, 2020, to Year Dec. 2016 Dec. 2017 Dec. 2018 Dec. 2019 Dec. 2020 Monthly Sewer Volume Charge (in U.S. Dollars per 1,000 gallons) Nonindustrial 3.46 3.91 4.42 4.81 5.25 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, 2016312020 January 2013 , through and including December , 2013 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 users, as determined by the Director of Wastewater . (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 \[\] January 1, 2016 on January 1, 2013 , 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 Wastewater plus one hundred percent (100%) of any costs incurred by the City in \[\] 2021 determining the amount of such discharge. Commencing on January 1, 2018 , 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. ___________________________________________________ \[ Table 16-6-2(b)(1) Jan, 2013 to Dec. Jan. 1, 2014, to Jan. 1, 2015, to Jan. 1, 2016, to Jan. 1, 2017, Year 2013 Dec. 2014 Dec. 2015 Dec. 2016 to Dec. 2017 Monthly Sewer Volume Charge (in U.S. Dollars) Industrial Use 2.65 2.85 3.06 3.29 3.54 \] Table 16-6-2(b)(1) Jan.1, 2016 to Jan. 1, 2017, to Jan. 1, 2018 to Jan. 1, 2019, to Jan. 1, 2020, to Year Dec. 2016 Dec. 2017 Dec. 2018 Dec. 2019 Dec. 2020 Monthly Sewer Volume Charge (in U.S. Dollars per 1,000 gallons) Industrial Use 3.46 3.91 4.42 4.81 5.25 ___________________________________________________ (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, 2016 (1) Commencing on January 1, 2013 , and as adjusted for each month and year thereafter as indicated in the following table, through \[\] 2020 December 31, 2017 , 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 \[\] 2021 City Council. Commencing January 1, 2018 , 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, 2016 (2) Commencing on January 1, 2013 , and as adjusted for each month and year thereafter as indicated in the following table, through \[\] 2020 December 31, 2017 , 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 January 1, \[\] 2021 2018 , 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. _____________________________________________ \[ Table 16-6-2(c) Jan. 1, 2013 to Jan. 1, 2014 to Jan. 1, 2015 to Jan. 1, 2016 to Jan. 1, 2017 to Year: Dec. 2013 Dec. 2014 Dec. 2015 Dec. 2016 Dec. 2017 Monthly Sewer Volume Charge (U.S. Dollars per 1,000 gallons) Blende Sanitation District Nonindustrial 2.10 2.26 2.43 2.61 2.81 Use Blende Sanitation 2.10 2.26 2.43 2.61 2.81 District Industrial Use \] Table 16-6-2(c) Year Jan. 1, 2016 to Jan. 1, 2017, to Jan. 1, 2018, to Jan. 1, 2019, to Jan. 1, 2020, to Dec. 2016 Dec. 2017 Dec. 2018 Dec. 2019 Dec. 2020 Monthly Sewer Volume Charge (U.S. Dollars per 1,000 gallons) Blende Sanitation 2.75 3.10 3.51 3.82 4.17 District Nonindustrial Use Blende Sanitation 2.75 3.10 3.51 3.82 4.17 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: \[\] 2016 (1) Commencing on January 1, 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 thousand (1,000) gallons of liquid waste deposited or discharged into the system. (3) Commencing January 1, 2021, the monitoring charge and the monthly sewer volume charge and excessive strength surcharge 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. \[ Table 16-6-2(d)(2) Jan. 1, 2023 Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, and 2013 to 2014 to 2015 to 2016 to 2017 to 2018 to 2019 to 2020 to 2021 to 2022 to subseq Year Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. uent : 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 years Septic Haulers’ Combined Monthly Sewer Volume Charge and Excessive Strength Surcharge (in U.S. Dollars per 1,000 gallons) 39.00 41.93 41.93 41.93 41.93 41.93 41.93 41.93 41.93 41.93 41.93 \] Table 16-6-2(d)(2) Jan. 1, Jan. 1, Jan.1, Jan. 1, 2016 to 2017 to 2018 to Jan. 1, 2019 2020 to Year: Dec. 2016 Dec. 2017 Dec. 2018 to Dec. 2019 Dec. 2020 Septic Haulers’ Combined Monthly Sewer Volume Charge and Excessive Strength Surcharge (in U.S. Dollars per 1,000 gallons) 47.38 53.54 60.50 65.95 71.88 ___________________________________________ (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. Section 16-6-5 of Chapter 6, Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16-6-5. - Refunds and adjustments. \[\] Wastewater Director The Director of Public Works or the Board of Water Works, with the approval of the City Manager, may authorize refunds and adjustments to individual sewer user charges. Adjustments to sewer user charges may result in increases or decreases to the monthly sewer user charge. Grounds for changes and adjustments in charges which may be considered shall include: (1) Changes resulting from the use of water that normally has its ultimate disposal to points other than the City's sanitary or storm sewerage system. (2) Changes due to seasonal businesses and educational activities including but not limited to the Colorado State Fair and businesses and restaurants which do not operate on a twelve-month basis. (3) Charges made to nonresidential sewer users may be based upon actual monthly sewer discharge if required to make the charges proportionate to all classes of users. (4) Errors in calculation of the sewer user charge. SECTION 3. Section 16-6-6 of Chapter 6, Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16-6-6. - Procedure for refunds or adjustments. Refunds and adjustments will be considered only in the following manner: \[\] (1) Upon written request by a sewer user to the Director of Public Works Wastewater Director or the Board of Water Works. \[\] Wastewater Director (2) Upon determination by the Director of Public Works or the Board of Water Works that grounds for change or adjustment exist pursuant to Section 16-6-5 of this Chapter. SECTION 4. Section 16-6-7 of Chapter 6, Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16-6-7. - Time limitation on refunds. Unless specifically authorized by formal action of the City Council, no refund based upon any change or adjustment shall be authorized or granted for sewer user charges appearing on billings issued more than ninety (90) days prior to receipt of a written \[\] Wastewater request for adjustment and refund by the Director of Public Works Director or the Board of Water Works. If a refund is approved, no more than two (2) years of previously paid sewer user charges will be granted, and paid only to the person who actually paid the sewer user charges upon proof of payment. SECTION 5. 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: \[ Table 16-7-2 (b) Jan. 1, 2023 Jan. Jan. Jan. Jan. Jan. Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, and 2013 to 2014 to 2015 to 2016 to 2017 to 2018 to 2019 to 2020 to 2021 to 2022 to subseq Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. Dec. uent Year: 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 years $BOD (Dollars per 0.380 0.380 0.380 0.380 0.380 0.380 0.380 0.380 0.380 0.380 0.380 pound for excess BOD) $SS (Dollars per pound 0.190 0.190 0.190 0.190 0.190 0.190 0.1900.1900.1900.1900.190 for excess SS) MC (Dollars 195.50 210.16 210.16 210.16 210.16 210.16 210.16 210.16 210.16 210.16 210.16 per Month) \] Table 16-7-2 (b) Jan. 1, Jan. Jan. 1, Jan. 1, Jan. 1, 2016 2017 2018 2019 2020 to Dec. to Dec. to Dec. to Dec. to Dec. Year: 2016 2017 2018 2019 2020 $BOD (Dollars per 0.380 0.380 0.380 0.380 0.380 pound for excess BOD) $SS (Dollars per 0.190 0.190 0.190 0.1900.190 pound for excess SS) MC (Dollars 237.48 268.35 303.24 330.53 360.28 per Month) SECTION 6. Section 16-4-4 of Chapter 7, Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16-7-4. - Payment, delinquency and liens. (a) Payment of the excessive strength wastewater surcharge shall be due and payable to the Department of Finance within thirty (30) days after the billing date. (b) Excessive strength wastewater surcharge billings which have not been paid \[\] thirty (30) within sixty (60) days of the billing date shall be delinquent and shall be assessed an interest charge of one and one-half percent (1.5%) per month upon the total outstanding balance due. (c) Failure to make payment within sixty (60) days of the billing date shall constitute a violation of this Chapter. (d) A lien may be filed against any property served by the City system for delinquent excessive strength wastewater surcharges in the manner provided in Section 16- 6-3(3) of this Title. SECTION 7. 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 8. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 9. If any provision of this Ordinance shall be determined to be invalid, inoperative or unenforceable, such determination shall not affect any other provision or provisions of this Ordinance or render same invalid, inoperative or unenforceable to any extent whatsoever. SECTION 10. This Ordinance shall become effective immediately upon passage and approval. INTRODUCED: November 9, 2015 BY: Dennis Flores PASSED AND APPROVED: November 23, 2015 City Clerk’s Office Item # R-12 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 9, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Gene Michael, Wastewater Director SUBJECT: AN ORDINANCE AMENDING CHAPTERS 6 AND 7 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO AND INCREASING SEWER USER CHARGES SUMMARY: Attached is an Ordinance amending Chapters 6 and 7 of Title XVI of the Pueblo Municipal Code relating to and increasing sewer user charges. PREVIOUS COUNCIL ACTION: The results of a recent rate study and the impacts of upcoming state regulations were presented at a Council work session on September 21, 2015 and in a Public Meeting at Rawlings Library on October 7, 2015. 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 fund total operation and maintenance costs of the wastewater system, and to ensure that the rates maintain the proportionate distribution of costs among user classes (Section 16- 7-9). In accordance with this requirement, Raftelis Financial Consultants, Inc., 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 September 21, 2015 Work Session a detailed presentation was given in regard to the findings and proposed increase in rates. The study indicated that due to increased regulatory requirements, of which some have already been put in to effect and others are still awaiting final ruling, increased rates will be required. The Wastewater Department is currently working on capital projects to maintain compliance with water quality regulations for nutrients. Further improvements to the collection system may be needed to maintain compliance with anticipated water quality regulations for selenium. 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 2016. FINANCIAL IMPLICATIONS: The proposed ordinance anticipates that the City Council will periodically adjust sanitary sewer rates. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Residents within the City of Pueblo and the Blend Sanitation District are the primary stakeholders affected by this rate increase. There were two stakeholder meetings held during the months of September and October 2015. The first meeting was a presentation given at a City Council work session on September 21, 2015. The second meeting was offered at the Rawlings Library on October 7, 2015. The times and dates of such meeting were communicated to the stakeholder community by means of a colorful advertisement published in the Pueblo Chieftain on September 20, 2015 and October 5, 2015. A “Notice of Public Meeting” was also published in the Pueblo Chieftain on September 21, 2015 and October 5, 2015, and announcements of the meetings were posted to the City’s Wastewater Department website and Facebook page. ALTERNATIVES: The no action alternative would continue wastewater service fee increases previously adopted and effective January 1, 2016 and January 1, 2017 at a level sufficient to fund capital improvements to the Water Reclamation Facility sufficient to attain compliance with nutrient regulations, but inadequate to address the requirements of anticipated water quality regulations for selenium. Failure to maintain compliance will create the potential for enforcement actions by state and federal authorities that carry maximum fines of $35,000 a day per day of violation, and waiting to increase revenues until the compliance deadline arrives will result in much higher rate increases that will place additional burdens on rate payers. The proposed alternative will implement an increase in the wastewater rate structure beginning the January 1, 2016. RECOMMENDATION: The Wastewater Department recommends approval of this Ordinance. Attachments: The Final Rate Report as prepared by Raftelis Financial Consultants, Inc.