The URL can be used to link to this page

Home My WebLink About09020 ORDINANCE NO. 9020 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE BOUNDARIES OF PERMIT AREAS A AND B FOR EXTRATERRITORIAL WATER SERVICE WHEREAS, Ordinance No. 3707 approved on May 14, 1973 established Chapter 2 of Title XVI of the 1971 Code of Ordinances entitled “Water-Extraterritorial Water Service”; and, WHEREAS, Chapter 2 of the 1971 Code of Ordinances, Section 16-2-2 established two permit areas to be known as Permit Area A and Permit Area B; and, WHEREAS, Permit Area A is that area immediately surrounding the Pueblo City limits, as same now exists or may be subsequently changed by future annexations, and extending outward to a demarcation line as shown on a map entitled, “Extraterritorial Water Service Permit Areas”; and, WHEREAS, Permit Area B shall consist of the rest of the County of Pueblo and any adjacent counties thereto; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Chapter 2 of Title XVI of the 1971 Code of Ordinances entitled “Water- Extraterritorial Water Service” provides for amendments and revisions to the Extraterritorial Water Service Permit Areas be made by ordinance passed by the City of Pueblo with the prior consent of the Pueblo Board of Water Works. SECTION 2. The map of the amended boundaries of the Extraterritorial Water Service Permit Areas, having been approved on July 19, 2016 by the Pueblo Board of Water though Resolution No. _2016-07_ consenting to the amendment and revisions to the Extraterritorial Water Service Permit Areas is hereby approved. SECTION 3. A reproducible original of the amended map of Extraterritorial Water Service Permit Areas shall be kept on file by the City Clerk of Pueblo and available for public inspection. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance and the attached agreement to effectuate the transaction described therein. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED July 25, 2016 BY: Ed Brown PASSED AND APPROVED: August 8, 2016 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: July 25, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Department of Planning & Community Development SUBJECT: AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE BOUNDARIES OF PERMIT AREAS A AND B FOR EXTRATERRITORIAL WATER SERVICE SUMMARY: The proposed Ordinance would amend and revise the Extraterritorial Water Service Permit Areas contained in Ordinance No. 3707 approved by City Council on May 14, 1973 that established Chapter 2 of the 1971 Code of Ordinances titled Water - Extraterritorial Water Service. Section 16-2-2 of Chapter 2 established two permit areas known as Permit Area A and Permit Area B. Permit Area A is that area immediately surrounding the Pueblo City limits. Permit Area B contains the remaining portions of the County of Pueblo and any adjacent counties thereto. Amendments and revisions to the Extraterritorial Water Service Permit Areas are required to be made by ordinance, approved by City Council, with prior consent of the Pueblo Board of Water Works (BOWW). PREVIOUS COUNCIL ACTION: Ordinance No. 3707 approved on May 14, 1973 established Chapter 2 of Title XVI of the Pueblo Municipal Code titled Water-Extraterritorial Water Service and included the map showing the two permit areas. BACKGROUND: This Ordinance will revise the Extraterritorial Water Service Permit Areas that were established in 1973. The only revisions to these areas during the past 43 years have been by changes in the City limits through annexations which is allowed under Chapter 2 of the 1971 Code of Ordinances. The city limit boundary has extended in some cases to be several miles beyond the original Permit A boundary such as in the cases of the Comanche Power Plant, Vestas, Southside Landfill and the Pueblo Springs Ranch lariat annexations. The major difference between the two permit areas is that the City Council has the right to place conditions on BOWW extraterritorial water service permits for properties within Permit Area A, whereas the City does not have the right to place conditions on the permits within Permit Area B. The conditions for Area A permits constitute additional requirements placed upon land and buildings and its owners, which need to be agreed upon by the applicants, in return for receiving water service. Typically the conditions include construction of public improvements in compliance with City of Pueblo land use and development standards. This is a protection so that if these areas become eligible for annexation, the properties are developed to the standards of other areas within the City. FINANCIAL IMPLICATIONS: Properties within Permit Area A with extraterritorial water that are annexed into the City will be developed or required to be improved to city standards at the cost of the property owners, not the City. In the past areas without Extraterritorial Water Permits have been annexed into the City that do not have sidewalks, curb and gutters, and are not connected to the City’s wastewater and/or storm water systems. This has placed a significant burden on the existing residents of the City to fund upgrades for areas that were developed at lower standards prior to being annexed into the City. BOARD/COMMISSION RECOMMENDATION: The BOWW passed Resolution No. _2016-07_ consenting to the amendment and revision to the Extraterritorial Water Service Areas. STAKEHOLDER PROCESS: The staff from the BOWW and the City reviewed the proposed changes to the Extraterritorial Water Service Areas with other City departments, and other water districts including the St. Charles Mesa Water District and Pueblo West Metropolitan District as part of the process to develop new water permit area boundaries. ALTERNATIVES: 1. The recommended permit areas could be modified by City Council, although any other modifications would need to have the prior consent from the BOWW. 2. City Council can choose to not approve the amendment to the Water Service Areas and the current Water Service Area boundaries will remain the same. RECOMMENDATION: Approve the Ordinance. Attachments: ProposedExtraterritorial Water Service Permit Areas Map Current Extraterritorial Water Service Permit Areas Map Proposed Pueblo Board of Water Works Revised Extraterritorial Water Service Area "A" Boundary July 25, 2016 DRAFT 1 `, -----EU.PasoIPueblo County-Boanc#ary— �l .1 \ , r f al iLk c. • I. 41, .L----.__ 4.4 \4 1. , .: r�i 1 ° 1 1iii` ti _I Apaiim ,-- ,joip. t A III rimit w ______ it_ 0 :....,..... .. ... _ .witi ---____________, v,,,,,,,,A ,‘,4k.4 .4111 -. 6 Ailitirightil . P \ -404 1,14,,,,,,, mix...e,° Air mwpmis -MINI IVIIIIiii* .} z 1t. , ro /l I ~ \frN Legend =Proposed Service Area"A"Boundary n City_Limit_Newest Pueblo Springs Ranch Miles Pueblo West ,' 0 1.5 3 6 St.Charles Mesa Water District % I I County_Boundary Existing Pueblo Board of Water Works Extraterritorial Water Service Area "A" Boundary \ v El-Paso/Pueblo County B au-ndar-y e I r s a •/. `rr /%1 /eill IA voio 0.•1:•••••0 S/1X./ V _I mik L . a rilli4Th_._.,.ii. _., _, ___,,,1 iii. iri rii, EN" ii44 41itik I: \11111411.1.1111- ^f 11 7 M1)1113 Q • ILI elW r i, ? le Yillr ,.,, -;i_PaAL- v 1/- `-t 1 " • . , . .. ..iolisr X11 N 11174-30 . 4 • .; 7/, iiiN II i i1� n .. Lu Legend aBOW W Current Extraterritorial Boundary A _ - [ 1 City_Limd_Newest VA Pueblo Springs Ranch Miles Pueblo West 0 1.5 3 6 St.Charles Mesa Water District / I I County_Boundary