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HomeMy WebLinkAbout05755ORDINANCE NO. 5755 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE XVI OF THE 1971 CODE OF ORDINANCES RELATING TO SEWER USER CHARGES FOR USERS CONNECTED TO THE PUEBLO MEMORIAL AIRPORT SANITARY SEWER SYSTEM AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) SECTION 1. Section 16 -6 -1 of Chapter 6, Title XVI of the 1971 Code of Ordinances, as amended, is hereby amended to read as follows: 16 -6 -1: WASTEWATER CHARGES (a) (1) [The City of Pueblo operates two independent sewer collection and wastewater treatment systems, one of which services the City, certain sanitation districts and extraterritorial users (the main system). The other system located at Pueblo Memorial Airport serves the airport and contiguous commercial and industrial land. It is the expressed intention of the City Council that all of the provisions of Chapters 6, 7, 8 and 9 of this Title apply to both such systems and the users of each except such provisions as are made inappli- cable to the Pueblo Memorial Airport System by this subparagraph. The costs of operation and mainte- nance and capital costs are substantially different for each system. The rates for wastewater charges and excessive strength surcharges set forth in this Title were established on the basis of the cost of service and capital costs of the City's main system and not that of the Pueblo Memorial Airport and are therefore inappropriate for users of the Pueblo Memorial Airport System. The wastewater charges, excessive strength surcharges and restrictions on the use of sewer user charges set forth in this Title are hereby made inapplicable to the Pueblo Memorial Airport System. The wastewater charges and excessive strength surcharge rates in effect for users of the Pueblo Memorial Airport System on the effective date of this Ordinance shall continue in effect until and unless amended, revised or modified by resolution or ordinance of the City Council.] The City of P ueblo opera two sanitary sewer collection systems, one of which services the City, certain sanitation districts and extraterritorial users (hereinafter r ef e rred to a mai system "). The other system which connects the Pueblo Memorial Airport and Air port_ Industrial Park to the main system, serves the airport and contiguous commercial and industrial land (herein- after referred to as the "Airport Collection System "). Both sanitary sewe collec systems discharge to the City's main wastewater treatment plant and are hereby included as the City of Pueblo sewer collection and wastewater treatment system. It is the expressed intention of t he City Counc that all of the provisions of Chapters 6, 7, 8 and 9 of this Title apply to b oth su col systems and the users of each, except such provisions as are herein made _ spec applicable only to the Airport Collection System users. The rates for wastewate ch arges and excessive strength surcharges set forth in this Title are based on cost of _se and capital costs uniformly allocated to both the main system and the Airport Collection System. (2) [Except as limited in subparagraph (1) of this paragraph, all] All property connected to the City of Pueblo sewer collection and wastewater treatment system and all users of such facilities, whether connected or not, shall be charged wastewater charges and other fees as set forth in this chapter and Chapter 7 of this Title and shall be subject to all requirements of these chapters. All industrial users of such system or systems shall also be sub- ject to the industrial cost recovery and pretreat- ment requirements as set forth in Chapters 8 and 9 of this Title or as same may be amended. (b) Wastewater charges shall be assessed on the basis of the following classification of all users: (1) Non industrial customers, (2) Industrial Customers, (3) Blende Sanitation District, and (4) Septic dischargers, septic haulers, sludge pumpers and all others who discharge liquid or semi - liquid waste into the system. (c) Whenever the term "Pueblo Board of Water Works" or -2- "Board of Water Works" is used in this chapter or in Chapters 7, 8 and 9 of this Title, it shall mean the Board of Water Works of Pueblo. (d) The terms "Industrial Customer" or "Industrial User" in this Chapter shall include those classifi- cations of users identified in Section 16- 7 -2(c) of Chapter 7 of this Title, as well as any other non residential users that discharge, or contribute to the system, wastewater containing greater than 225 mg /l of five day biochemical oxygen demand or containing greater than 200 mg /l of suspended solids. (e) When the requirements or provisions of Chapters 6, 7, 8 and 9 of this Title are at variance with or confict with the requirements or provisions of any other ordinance, code, resolution, rule or regulations of the City, including building codes, the requirements and provisions of Chapters 6, 7, 8 and 9 of this Title shall apply and, to the extent of such variance or conflict, the requirements and provisions of Chapters 6, 7, 8 and 9 of this Title shall supersede all conflicting provisions and requirements of all other ordinances, codes, resolutions, rules and regulations of the City. SECTION 2. Section 16 -6 -2 of Chapter 6, Title XVI of the 1971 Code of Ordinances, as amended, is hereby amended to read as follows: 16 -6 -2: RATES AND CHARGES (a) Non industrial users. The wastewater charge for non industrial users shall be the total of the monthly service charge and monthly sewer volume charge, computed as follows: (1) The monthly service charge portion of the waste- water charge shall be assessed and charged based upon the water meter size of the water line or lines servicing the property in accordance with the following table: Meter Line Size in In Monthly Service Charges in U.S. Do 5/8 3/4 1 1 1/4 3.65 3.65 3.90 4.00 Ma 1 1/2 4.20 2 4.80 3 6.00 4 10.80 6 18.00 8 25.20 (2) 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 one dollar fifteen cents ($1.15) for each 1,000 gallons of water furnished and supplied to the property. The 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: (i) For the months of January and February 1988, and for the months of January and February of each year thereafter, the monthly sewer volume charge shall be one dollar and fifteen cents ($1.15) for each 1,000 gallons of water charges and billed to the property by the Board of Water Works during its January and February monthly billing periods. 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. (ii) The monthly sewer volume charge for each month from and including March 1988 through and including December 1988, and for the months of March through December each year thereafter, shall be the average of the monthly sewer volume charges made for the immediately preceding January and February. (iii) 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. (iv) 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 subsequent years, the monthly sewer volume charge shall be equivalent to $5.75 per month for each residential unit served at each property. -4- (v) The sewer volume charge for each property using water not metered by the Board of Water Works shall be equivalent to $5.75 per month for each residential unit served at each property or $1.15 per 1,000 gallons of water used per month based upon the January or February monthly water used or actual monthly water used, whichever would be most proportionate to all classes of users, as deter- mined by the Director of Public Works or his designee. (b) Industrial Users. The wastewater charge for industrial users shall be the total 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 of $1.15 per 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 Public Works, plus 100% of any costs incurred by the City in determining the amount of such discharge. 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. (i) For wastewater delivered to the City of Pueblo's treatment plant from Blende Sanitation District and derived exclusively from non industrial customers, the volume charge shall be $0.82 per 1,000 gallons together with such monthly service charges as may be provided by agreement or resolution of the City Council. (ii) For wastewater delivered to the City of Pueblo's treatment plant from Blende Sanitation District and derived from industrial customers, the volume charge shall be $0.89 per 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. (d) Sewer users and septic haulers depositing or dis- charging liquid waste into the system shall be assessed wastewater charges consisting of a combined volume charge and excessive strength surcharge of $2.17 per 100 gallons together with a monitoring fee of $138.00 for each billing period. e) Airport Collection System. -5- (i) The wastewater charges for all users connected to the Airport Collection System shall be as pro- vided in subsections (a) and (b) of thi section 16 -6 -2, subject to the provisions of this subsec- tion (e). (ii) With respect only to those users connected to the Airport Collection System prior to July 1, 1992, wastewater charges shall be pha in as provided in the following table: Actual User Charge as Percentage of Charges Determined Under Calendar Year Subsections (a) and (b) 1992 0% 1993 25% 1994 50% 1995 75% 1996 and thereafter 100% (iii) All users first connected to the Airport _Collection System on or after July 1, 1992 shall immediately upon connection to the system ' pay and be responsible for the full amount of _wa stewater charges determined as provided by subsections (a) and (b) of this section 16 -6 -2. (iv) The wastewater charges set forth herein for users connected to the Airport Collecti 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 3 This Ordinance may be enforced as provided in sections 16 -6 -11, 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 1971 Code of Ordinances, as amended, the remedies therein stated being cumulative, the exercise of any one or more not constituting any bar or limitation to the exercise of any other. Any person found guilty of a violation of this Ordinance shall be punished as provided in Section 1 -2 -1 of the 1971 Code of Ordinances, as amended. ( V O M T n M A This Ordinance shall become effective July 1, 1992 and the user charges for wastewater service for users connected to the Airport Collection System as provided herein shall be applicable to all billings rendered on or after August 1, 1992 for wastewater service provided on or after July 1, 1992. INTRODUCED: May 11 , 1992 By JOYCE LAWRENCE Councilperson ATTEST: APPROVED: r c Ci Clerk Presi ent of the City Council -7-