HomeMy WebLinkAbout06904ORDINANCE NO. 6904
AN ORDINANCE AMENDING CHAPTER 11 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE
RELATING TO SANITARY SEWER CONNECTION FEES AND PLANT INVESTMENT FEES AND
PROVIDING REMEDIES AND PENALTIES FOR 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
follows:
Chapter 11 of Title XVI of the Pueblo Municipal Code, as amended, is amended to read as
CHAPTER 11
Sanitary Sewer Connection Fees
Sec. 16 -11 -1. Definitions.
(a) As used in this Chapter, the following words and terms shall have the meanings
set forth below:
(1) Multiple dwelling unit shall include duplexes, fourplexes 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.
(2) New connection shall mean any direct or indirect connection to the City's
sanitary sewer system which will serve a structure, or portion thereof, not previously
served.
(3) Sanitary sewer connection fee or connection fee shall mean a charge
assessed to the property for connection to the City's sanitary sewer system.
(4) Sewer system shall mean both sanitary sewer collection and wastewater
treatment systems operated by the City.
lQ Water reclamation facility investment fee or plant investment fee shall
mean a charge assessed to the property to maintain capacity at the City's water
reclamation facility (wastewater treatment system) to treat wastewater generated from
the property.
(b) All other words used in this Chapter shall have the special meaning ascribed to
them by use or definition in Chapters 3, 4, 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.
Sec. 16 -11 -2. General requirements.
(a) A connection fee shall be assessed to all new connections and enlargements of
existing connections, made to the City's [sanitary] sewer system on or after September 1,
1994. Additionally, a separate plant investment fee shall be assessed to all new
connections and enlargements of existing connections, made to the City's sewer system on
or after January 1, 2003. The connection fee and the plant investment 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.
(b) The amount of the connection fee and plant investment fee shall be based upon
the size of water connection (meter size) serving the structure or property 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 if the water service is enlarged
on or after January 1, 2003, both the connection fee and the plant investment fee shall be
paid before installation of the larger meter
(c) If a structure or property has multiple metered water taps, a connection fee and
a plant investment fee shall be paid for each metered tap 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.
Sec. 16 -11 -3. Schedule of sanitary sewer connection fees.
(a) Commencing on January 1, 2003, and thereafter for and in accordance with the
calendar years indicated in Table 16- 11 -3(a) below, [T] t he connection fee to be assessed
upon connection to the City's sanitary sewer system shall be based on the water meter size
as follows:
[(1) Residential:
Water Meter Size
[Sanitary Sewer
(Inches)
Connection Fee
3/4
$ 640
1
640
1 1/2
1,670
2
2,670
3
5,340
4
10,000
6
20,840
8]
30,000]
[(2) Commercial:
Water Meter Size
[Sanitary Sewer
(Inches)
Connection Fee
3/4
$ 640
1
1,000
1 1/2
1,980
2
3,170
3
6,350
4
11,900
6
24,800
8]
35,700]
TABLE 16- 11 -3(a): Sanitary Sewer Connection Fee (in U.S. Dollars)
Year:
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012 and
subseauent
ears
Residential. Per Unit
Sinale
Family
640
-
640
-
690
-
740
770
-
830
-
850
910
-
940
-
940
-
Multi- Family
1 480
480
520
560
M
62�
640
680
710
710
Nonresidential Meter Line Size in Inches
3/4
640
640
690
740
770
830
850
910
940
940
1
1070
1070
14 50
1 240
1290
1290
1420
1520
7 57
t.570
1
2 130
2.130
2 300
2.460
2.560
2.760
2.830
3 030
3.130
3 130
2
3 410
3 410
3.680
3.940
4 100
4 420
4. 530
4 850
5.010
5 1 010
3
7,470
7.470
8 050
8,640
8. 990
9 690
9.920
10.620
10.970
10.970
4
12.800
12.800
13.800
14.800
15,400
16,600
17.000
18,200
18.800
18.800
6
26.670
26.670
28,750
30.840
32.090
34.590
35.420
37.920
39.170
39.170
8
38.400
38.400
41.400
44,400
46.200
49 � 80 9
51.000
54.600
56.400
56.400
(b) Commencing on January 1, 2003, and thereafter for and in accordance with the
calendar years indicated in Table 16- 11 -3(b) below, the plant investment fee to be assessed upon
connection to the City's sanitary sewer system shall be based on the water meter size as follows:
TABLE 16- 11 -3(b) : Plant Investment Fee (in U.S. Dollars)
Year:
2003
20
2006
2007
2008
2009
2410
20t1
2012 and
subsequent
years
Residential,
Per Unit
Sin gle
Family
480
-
570
-
5550
560
-
580
-
590
-
590
-
640
-
650
800
Multi-
Famil
360
-
380
-
410
-
420
-
440
-
44Q
440
480
-
490
-
600
-
Nonresidential Meter
Line Size
In Inches
314
480
60
550
560
580
590
590
640
6-
800
1
800
850
920
940
970
990
990
1 070
1.0 90
1 340
1
1
1,7 00
1430
1.860
1630
1960
1560
2430
2160
22
2
2, 560
2,720
2.930
2 580
3.090
3 140
3. 140
3,
3,4
4.460
3
5 600
5 650
6 420
6.540
6 770
6.890
6.890
7.470
7 590
9.340
4
9 ,600
10.200
11.000
11.200
11.600
11.800
1 11,800
12.800
1 3.000
16.000
6
20.000
21.250
22.920
23.340
24.170
24.590
24.950
26, 670
27.090
33.340
8
28.800
30.600
33.000
33.600
34.800
35,4
35.400
38.400
39.000
48.000
([bl c) For multiple dwelling units which are served through a single water meter tap, the
connection fee shall be either the connection fee applicable for the water meter size actually
installed or an amount computed by multiplying [four hundred eighty dollars ($480.00)] the Multi -
Family Residential per -unit amount specified in Table 16- 11 -3(a) for the specified year by the
number of potential dwelling units served, whichever is greater.
([c] d) Connection fees and plant investment fees applicable within sanitation districts shall
be determined pursuant to the provisions of the separate agreements with each district, as
approved by City Council.
([d] e) Connection fees and plant investment fees applicable to hotels, motels, bed and
breakfast establishments and nursing homes shall be based on the water meter size for a
commercial development as [specified] provided in Tables 16- 11 -3(a) and 16- 11 -3(b ) for the
specified year
([e] f) In addition to any other fee or charge imposed or authorized pursuant to this Title,
every extraterritorial sanitary sewer service connection made on or after September 1, 1994, shall
be assessed a sanitary sewer connection fee as provided in Subsection (a) above. A plant
investment fee shall also be imposed on extraterritorial sanitary sewer service connections
pursuant to Section 16 -4 -11 of this Title, unless otherwise specified in a separate agreement.
[(f) The connection fee for connections or enlargement of existing connections 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. Thereafter, the
connection fee shall be assessed in an amount equal to one hundred percent (100 %) of the
connection fees specified in this Section.]
(g) All due and unpaid connection fees and plant investment fees plus interest thereon at
the rate of one and one -half percent (1.5 %) 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(3). Due and unpaid connection fees or plant investment fees shall be
cause for disconnection for nonpayment as provided in Section 16- 6 -3(4).
Sec. 16 -11-4. Sanitary Sewer Collection System Improvement Fund.
(a) 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.
(b) All revenues received by the City from sanitary sewer connection fees and income
therefrom shall be allocated and deposited to the Sanitary Sewer Collection 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 most recent version of the Sanitary
Sewer [System General Policies] Design Criteria and Policies adopted by the City Council[. It
does] but shall 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.
Sec. 16 -11 -5. Refunds.
(a) Unless specifically authorized by formal action of the City Council, no refund shall be
authorized or granted for sanitary sewer connection fee charges nor for plant investment fee
charges
(b) Refund applications will only be considered by City Council with respect to fees paid for
connections which had not been made within a two -year period from the date of payment of the
connection fee and not thereafter. Applications for refund shall be made, in writing, to the Director
of Wastewater, stating the date the sanitary sewer connection fee was paid, who paid it and the
reason for refund request.
(c) If approved by City Council by duly adopted resolution, refunds will be paid only to the
person who actually paid the sanitary sewer connection fee, upon proof of payment.
(d) No refund shall be made to any customer for a decrease in size of meter or
abandonment of service.
Sec. 16 -11 -6. Enforcement.
u 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 person found guilty of a violation of this Chapter shall be
punished as provided in Section 1 -2 -1 of this Code.
Lb,) No building permit shall be issued for any construction within the City unless required
sewer connection fees and plant investment fees have been paid.
Sec. 16 -11 -7. Plant Reclamation Facility Investment Fund.
u There is hereby established within the Sewer User Fund, a special fund to be known as
the Plant Investment Fund to provide monies for structures, machinery and equipment constituting
the water reclamation (wastewater treatment) facility, for debt service for same, and for special
services of benefit only to the users of the water reclamation facility.
u All revenues received by the City from plant investment fees and income therefrom shall
be allocated and deposited to the Plant Investment 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 projects that increase the hydraulic or organic loading capacity of
the water reclamation facility in order to allow for treatment of a larger volume of wastewater or a
higher strength wastewater. Authorized expenditures for approved capital projects shall include
construction engineering and administrative costs and debt service related to the water
reclamation facilitv.
This Ordinance may be enforced as provided in Section 16 -11 -6 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 3
This Ordinance shall become effective thirty (30) days after final passage and approval;
provided, however, that the changes made in this Ordinance to sewer user rates and charges in
effect on the date of final passage shall take effect on the date or dates so specified, and if not so
specified, shall become effective on December 31, 2002 at 11:59 p.m. Nothing in this Ordinance
shall be construed to affect, modify or repeal sanitary sewer connection fees or charges assessed
as provided in Chapter 11 of Title XVI for connections made to the sewer system prior to
December 31, 2002 at 11:59 p.m.
INTRODUCED October 28, 2002
BY Al Gurule
Councilperson
APPROVED:
resident of City Council
ATTEST:
City C
PASSED AND APPROVED: November 11, 2002