HomeMy WebLinkAbout05872ORDINANCE NO. 5872
AN ORDINANCE AMENDING TITLE XVI OF THE CODE OF
ORDINANCES RELATING TO THE SANITARY SEWER
SYSTEM, CONNECTION FEES AND EXTRATERRITORIAL
SERVICE AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate
matter being deleted; underscoring indicates new matter being added.)
SECTION 1
Title XVI of the 1971 Code of Ordinances is hereby amended by the addition of a new
Chapter 11 to read as follows:
TITLE XVI
WATER AND SEWER
CHAPTER 11
SANITARY SEWER CONNECTION FEES
SECTION SUBJECT
16-11-1 Definitions
16 -11 -2 General Requirements
16 -11 -3 Schedule of Sanitary Sewer Connection Fees
16-11-4 Sanit• ,y .Sewer Collection System Improvement
Fund
16 -11 -5 Re funds
16 -11 -6 Enforcement
16 -11 -1: DEFINITIONS
As used in this Chapter, the term
"multiple dwelling unit" shall include duplexes fo=lexes and
apartment buildings of any other size, condominiums, townhomes, mobile home parks,
trailer courts and any other type of multi dwelling usage with independent living
"new connection" shall mean any direct or indirect connection to the
City's sanilary sewer system which will serve a structure, or portion thereof, not previously
s erved.
W "S�a Sewer Connection Fee" or "Connection Fee" shall mean a
charge assessed to the property for connection to the City's sanitary sewer system
"sewer system" shall mean both sanitary sewer collection and
wastewater treatment systems operated by the Cily of Pueblo
(b) All other words used in this Chapter shall have the special meaning ascribed
to them by use or definition in Chapters 3. 5, 6, 7 and 9 of this Title and Chapter 1 of Title
I but if no special meaning has been given words shall have their commonly understood
meaning.
16 -11 -2: GENERAL REQUIREMENTS
W A connection fee shall be assessed to all new connections and enlargements
of existing connections made to the Cite of Pueblo's sanitary sewer system on or after
September 1 1994 The connection fee shall be paid prior to the issuance of any building
permit or plumbing permit for any structure or facility which is to be served by a new or
enlarged connection.
The amount of the connection fee shall be based upon the size of water
connection (teeter size ) serving the structure or propea in accordance with Section 16 -11 -3
of this Chapter. If the water service is enlarged on or after September 1, 1994, the
connection fee shall be paid prior to installing the larger water meter and the amount of the
fee shall be the difference between the current fee for the existing meter size connection and
the current fee for the new water meter size
cW If a structure or proper has multiple metered water taps, a connection fee
shall be paid for each metered tan in accordance with Section 16 -11 -3 of this Chapter, except
for metered taps used solely for irrigation and/or fire protection No additional connection
fee will be assessed for multiple sewer connections
16 -11 -3: SCHEDULE OF SANITARY SEWER CONNECTION FEES
The connection fee to be assessed upon connection to the City's sari sewer
system shall be based on the water meter size as follows:
W RESIDENTIAL
Water Meter Size Sanijary Sewer Connection Fee
( Inch es)
64
-2-
1
640
1 -1/2
1.67
2
2 6M
3
5,340
4
. 10,000
6
20.840
$
30,000
X2,1 COMMERCIAL
Water Meter Size Sanitga Sewer Connection Fee
( Inch es)
3/4 640
1 1000
1 -1/2 1_.980
2 3.170
3 6.350
4 11,900
6 24
8 35,E
For multiple dwelling units which are served through a single water meter W.
the connection fee shall be either the connection fee applicable for the water meter size
actually installed or an amount computed by multiplying $480.00 by the number of potential
dwelling units served, whichever is greater.
�c) Connection fees applicable within Sanitation Districts shall be determined
pursuant to the revisions of the separate agreements with each District, as approved by
City-
un il.
Connection fees applicable to hotels, motels, bed and breakfast
establishments, and nursing homes shall be based on the water meter size for a commercial
development.
Q In addition to any other fee or charge imposed or authorized pursuant to this
Title. extraterritorial sanitary sewer service connection made on or after September 1,
1994 be assessed a sanitary sewer connection fee as provided in Section 16- 11 -3(a)
of this Chapter A plant investment fee shall also be imposed on extraterritorial sanitary
sewer service connections pursuant to Section 16 -4 -11 of Chapter 4-of this Title XVI, unless
otherwise specified in a separate agreement.
(f The connection fee for connections or enlargement of existing connections
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made and completed during the period from September 1 1994 to December 31 1994 shall
be assessed in an amount equal to one -half of the connection fees specified in this Section
16 -11 -3 Thereafter, the connection fee shall be assessed in an amount equal to 100% of the
connection fees specified in this Section 16 -11 -3.
W All due and unpaid connection fees plus interest thereon at the rate of one and
one -half ern cent per month shall constitute a perpetual lien on and against the property
served having priority over all liens except general tax liens and collected as provided in
Section 16- 6 -3(c). Due and unpaid connection fees shall be cause for disconnection for non -
pa=ent as provided in Section 16- 6 -3(dl
16 -11 -4: SANITARY SEWER COLLECTION SYSTEM IMPROVEMENT FUND
W There is hereby established, within the Sewer User Fund, a special fund to be
known as the Sanitary Sewer Collection System Improvement Fund, to provide monies for
structures, machinery and equipment constituting the collection system, for debt service for
same,, and for special services of benefit only to the users of the sewer collection system.
(12) All revenues
income therefrom shall be allocated
received by
and
the City from sanitary sewer connection
deposited to the Sanitary Sewer Collection
fees and
System
Improvement Fund. No expenditure
from
the Fund shall be made except
for growth
related
capital projects approved by
the City Council.
Growth related capital
projects shall
include
any relief main or upgrade
to the existing_
system made in accordance
with the Sanitary
Sewer System - General Policies
adopted
by the City Council. It does
not include
extension
of the sanitary sewer system.
Authorized
expenditures for approved
capital projects
shall
include construction, engineering,
and
administrative costs and debt
service related
to the
sanitary sewer collection system.
16 -11 -5: REFUNDS
W Unless specifically authorized 4 formal action of the City Council, no refund
shall be authorized or granted for sanitary sewer connection fee charges.
bh) Refund applications will only be considered by City Council with respect to
fees paid for connections which had not been made within a two (2 ) year period from the
date of payment of the connection fee and not thereafter. Applications for refunds shall be
made, in writing, to the Director of Wastewater, or his designated representative, stating the
date the sanitary sewer connection fee was paid, who paid it and the reason for refund
request.
W If approved by City Council by duly adopted resolution, refunds will be paid
only to the person that actually paid the sanitary sewer connection fee, upon proof of
pay
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(d) No refund shall be made to any customer for a decrease in size of meter or
abandonment of service.
16 -11 -6: ENFORCEMENT
It shall be unlawful and a municipal offense for any person, firm partnership or
corporation to violate disobey, neglect, refuse —or fail to comply with or resist the
enforcement of any provision of this Chapter Any�erson fo d aui4 of a violation of this
Chapter sh all be punished as provided in Section 1 -2 -1 of the 1971 Code of Ordinances as
SECTION 2
Section 16 -6 -1 of Chapter 6 of Title XVI of the 1971 Code of Ordinances, as amended, is
hereby further amended to read as follows:
16 -6 -1: WASTEWATER CHARGES
(a) (1) The City of Pueblo operates two sanitary sewer collection systems,
one of which services the City, certain sanitation districts and extraterritorial users
(hereinafter referred to as "the main system "). The other system which connects the Pueblo
Memorial Airport and Airport Industrial Park to the main system, serves the airport and
contiguous commercial and industrial land (hereinafter referred to as the "Airport Collection
System "). Both sanitary sewer collection 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 the City Council that all of the
provisions of Chapters 6, 7, 8 9 10 and 11 of this Title apply to both such collection
systems and the users of each, except such provisions as are herein made specifically
applicable only to the Airport Collection System users. The rates for wastewater charges and
excessive strength surcharges set forth in this Title are based on cost of service and capital
costs uniformly allocated to both the main system and the Airport Collection System.
(2) 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 subject to the industrial cost recovery and pretreatment
requirements as set forth in Chapter 8 and 9 of this Title or as same may be amended. All
propgrty first connected to the sewer collection and wastewater treatment system on or after
September 1. 1994, shall also be subject to payment of connection fees in accordance with
Chapter 11 of this Title.
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(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 '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 classifications 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 and 11 of
this Title are at variance with or conflict with the requirements and 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 and 11 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 and 11 of this Title shall supersede all conflicting provisions and requirements of
all other ordinances, codes, resolutions, rules and regulations of the City.
Wf The City Council may by Resolution adopt such rules, regulations, policies
and procedures as the City Council may determine reasonable or necessary for the
interpretation or implementation of Chapters 6, 7, 8. 9 and 11 of this Title.
SECTION 3
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 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 the 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.
SECTION 4
This Ordinance shall become effective thirty (30) days after final passage and approval.
ATTEST:
INTRODUCED: May 9 , 1994
By PATRICK AVALOS
Councilperson
APPROVED:
Ci Clerk *reentf the
Council
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