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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