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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.