Loading...
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 -3- 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 -4- (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. -5- (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 -7-