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HomeMy WebLinkAbout07544Rev. 11/02/06 ORDINANCE NO. 7544 AN ORDINANCE AMENDING CHAPTERS 6 AND 7 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO SEWER USER CHARGES AND EXCESSIVE STRENGTH SURCHARGES 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 Section 16 -6 -2 of Chapter 6, Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16 -6 -2. Rates and charges. (a) Nonindustrial users. The wastewater charge for nonindustrial users shall be the sum of the monthly service charge and monthly sewer volume charge, computed as follows: (1) Commencing on [January 1, 2003] January 1, 2007 and for each month in each year thereafter for and in accordance with the calendar months and years indicated in the following table, the monthly service charge portion of the wastewater 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: [ TABLE 16- 6- 2(a)(1) Year: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 and subsequent years Meter Line Size in Inches Monthly Service Charge (in U.S. Dollars) 5/8 3.88 4.03 4.18 4.35 4.52 4.71 4.90 5.11 5.32 5.55 3/4 3.88 4.03 4.18 4.35 4.52 4.71 4.90 5.11 5.32 5.55 1 4.07 4.20 4.34 4.49 4.64 4.80 4.98 5.16 5.35 5.55 1'/ 4.30 4.21 4.53 4.65 4.78 4.92 5.07 5.22 5.38 5.55 2 4.86 4.92 4.98 5.05 5.12 5.20 5.28 5.37 5.46 5.55 3 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 4 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 10.80 6 18.00 18.00 18.00 18.00 18.00 18.00 18.00 18.00 18.00 18.00 8 25.20 25.20 25.20 25.20 25.20 25.20 25.20 25.20 25.20 25.20 TABLE 16- 6- 2(a)(1) Year Jan 1 2007 to March 2007 to March 2008 to March 2009 to March 2010 to March 2011 to March 2012 to March 2013 to March 2014 to March 2015 to March 2016 and subseque Feb 28 nt months 2007 Feb 2008 Feb 2009 Feb 2010 Feb 2011 Feb 2012 Feb 2013 Feb 2014 Feb 2015 Feb 2016 and ears Meter Line Size Monthly Service Charge (in U.S. Dollars) in Inches 5/8 & 3/4 4.35 6.85 8.40 9.50 10_80 11_45 12_10 12_50 12_85 13_25 13_65 1 4.49 7.95 9.95 11_35 12_85 13_70 14_55 15_05 15_55 16_05 16_55 1'/ 4.65 11.40 14.95 17.20 19.35 20.80 22.30 23.15 24.00 24.90 25.80 2 1 5.05 16_50 22_35 25_75 28_90 31_25 33_70 35_10 36_55 38_00 39_50 3 6.00 28_45 39_65 45_95 51_45 55_95 60_65 63_30 66_05 68_85 71_75 4 10.80 41.25 58.15 67.45 75.45 82.80 89.35 93.35 97.50 101.80 106.15 6 18.00 66.75 95.15 110.50 123.55 134.85 146.75 153.50 160.45 167.60 174.95 8 25.20 88.15 126.05 146.55 163.80 178.90 194.85 203.85 213.15 222.70 232.55 (2) Commencing on [January 1, 2003] January 1, 2007 and for each month in each year thereafter, for and in accordance with the calendar months and years indicated in the following table, 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 the amount shown in the following table for each one thousand (1,000) gallons of water furnished and supplied to the property: [ TABLE 16- 6- 2(a)(2) 2012 and Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 subsequent years Monthly Sewer Volume Charge (in U.S. Dollars) Non - Industrial Use (per 1000 1.23 1.31 1.39 1.48 1.57 1.67 1.78 1.89 2.01 2.13 gallons) TABLE 16- 6- 2(a)(2) Year Jan 2007 to March 2007 to March 2008 to March 2009 to March 2010 to March 2011 to March 2012 to March 2013 to March 2014 to March 2015 to March 2016 and subsequent Feb 2007 Feb 2008 Feb 2009 Feb 2010 Feb 2011 Feb 2012 Feb 2013 Feb 2014 Feb 2015 Feb 2016 monthsandvears Monthly Sewer Volume Charge in U.S. Dollars per 1000 gallons Non - Industrial 1.48 1.56 1.96 2.22 2.52 2.70 2.80 2.90 3.00 3.05 3.12 Use (3) The monthly 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: a. For the months of January and February [20031 and for the months of January and February of each year thereafter, the monthly sewer volume charge shall be the amount specified in Table 16- 6- 2(a)(2) for the applicable month and year for each one thousand (1,000) gallons of water charged and billed to the property by the Board of Water Works during its January and February monthly billing periods for said year. 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. b. The monthly sewer volume charge for each month from and including March [2003] 2007 through and including December [2003] 2007 and for the months of March through December each year thereafter, shall be calculated as the amount specified in Table 16- 6- 2(a)(2) for the applicable month and year in dollars per 1000 gallons multiplied by the average of the thousands of gallons of water charged and billed to the property by the Board of Water Works during the immediately preceding January and February monthly billings periods average of the monthly sewer volume charges made for the immediately preceding January and February.] C. 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. d. 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 prior years, the monthly sewer volume charge shall be an amount equal to the applicable calendar year monthly rate specified in Table 16- 6- 2(a)(2) per one thousand (1,000) gallons of water used multiplied by five (5) per month for each residential unit served at each property. e. The sewer volume charge for each property using water not metered by the Board of Water Works shall be an amount equal to the applicable calendar year monthly rate specified in Table 16- 6- 2(a)(2) per one thousand (1,000) gallons of water used multiplied by five (5) per month for each residential unit served at each property or the applicable calendar year monthly rate specified in Table 16- 6- 2(a)(2) per one thousand (1,000) gallons of water used per month based upon the January or February monthly estimated water used or actual monthly water used, whichever would be most proportionate to all classes of users, as determined by the Director of Public Works. (b) Industrial users. M The wastewater charge for industrial users shall be the sum 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. Commencing on [January 1, 2003] January 1, 2007 and for each month in each year thereafter, for and in accordance with the calendar months and years indicated in the following table, the monthly sewer volume charge for industrial users shall be the amount shown in the following table for each one thousand (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 one hundred percent (100 %) of any costs incurred by the City in determining the amount of such discharge. [ TABLE 16- 6- 2(b)(1) Year: 'U i� gnu 2003 2004 2005 2006 2007 2008 2009 2010 2011 1 subsequent Industrial Use (per 1000 1.23 1.31 1.39 1.48 1.57 1.67 1.78 1.89 2.01 2.13 gallons) TABLE 16- 6- 2(b)(1) Year Jan 27 to 00 March March March2 March2 March2 March2 March2 March2 March March 2016 and subsequent 2007 to 2008 to 009 to 010 to 011 to 012 to 013 to 014 to 2015 to Feb 2007 Feb 2008 Feb 2009 Feb 2010 Feb 2011 Feb 2012 Feb 2013 Feb 2014 Feb 2015 Feb 2016 monthsandvears Monthly Sewer Volume Charge (in U.S. Dollars per 1000 gallons) Industrial Use I 1.48 I 1.56 I 1.96 1 2.22 1 2.52 1 2.70 1 2.80 1 2.90 1 3.00 1 3.05 3.12 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. (1) Commencing on [January 1, 2003] January 1, 2007 and as adjusted on [January] March 1, 2007 and March of each year thereafter, for wastewater delivered to the City's treatment plant from Blende Sanitation District and derived exclusively from nonindustrial customers, the monthly sewer volume charge shall be the specified monthly non - industrial use rate for the applicable calendar month and year as set forth in Table 16- 6 -2(c) below per one thousand (1,000) gallons, together with such monthly service charges as may be provided by agreement or resolution of the City Council. (2) Commencing on [January 1, 2003] January 1, 2007 and as adjusted on [January] March 1, 2007 and March 1 of each year thereafter, for wastewater delivered to the City's treatment plant from Blende Sanitation District and derived from industrial customers, the volume charge shall be the specified monthly industrial use rate for the applicable calendar month and year as set forth in Table 16- 6 -2(c) below per one thousand (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. [ TABLE 16- 6 -2(c) Year: Jan 2007 March 2007 to March 2008 to March20 March20 March20 March 2012 to March20 2012 and 2003 2004 2005 2006 2007 2008 2009 2010 2011 subsequent Feb 2009 Feb 2013 months and years Monthly Sewer Volume Charge (in U.S. Dollars per 1000 gallons Blende Sanitation 1.10 1.34 1.61 1.79 years Monthly Sewer Volume Char a in U.S. Dollars Blende 2.26 2.32 2.38 2.44 District Non - Industrial Use Blende Sanitation 1.12 1.34 1.61 Sanitation 2.00 2.10 2.20 2.26 2.32 2.38 2.44 District Industrial Use District Non- 0.91 0.97 1.03 1.10 1.17 1.24 1.32 1.40 1.49 1.58 Industrial Use(per1000 allons Blende Sanitation District Industrial 0.94 1.00 1.06 1.12 1.19 1.26 1.33 1.41 1.49 1.58 Use(per 1,000 gallons) TABLE 16- 6 -2(c) Year: Jan 2007 March 2007 to March 2008 to March20 March20 March20 March 2012 to March20 March20 March 2015 to March 2016 and subsequent to Feb 2007 09 to Feb 2010 10 to Feb 2011 11 to Feb 2012 13 to Feb 2014 14 to Feb 2015 Feb 2016 Feb 2008 Feb 2009 Feb 2013 months and years Monthly Sewer Volume Charge (in U.S. Dollars per 1000 gallons Blende Sanitation 1.10 1.34 1.61 1.79 2.00 2.10 2.20 2.26 2.32 2.38 2.44 District Non - Industrial Use Blende Sanitation 1.12 1.34 1.61 1.79 2.00 2.10 2.20 2.26 2.32 2.38 2.44 District Industrial Use (d) Sewer users and septic haulers depositing or discharging liquid waste into the system shall be assessed wastewater charges consisting of the sum of the following components: (1) a monthly [service charge at the specified monthly rate for the applicable calendar year as set forth in Table 16- 6- 2(d)(1) below;] monitoring charge of one hundred seventv -eiaht dollars and five cents ($178.05): provided. however. that commencing on January 1, 2007, and as adjusted on [January] March 1 of 2007 and March 1 of each year thereafter, the amount of the monitoring charge shall be the amount shown in the row for "MC, in Table 16- 7 -2(b) of Chapter 7 of this Title for the applicable calendar month and year and [ TABLE 16- 6- 2(d)(1) Year: 200312004 12005 12006 12007 12008 12009 12010 12011 su 3.88 1 4.03 14.18 14.35 14.52 14.71 14.90 15.11 15.32 1 5.55 (2) a combined monthly sewer volume charge and excessive strength surcharge at the specified monthly rate for the applicable calendar year as set forth in Table 16- 6- 2(d)(2) below per one hundred (100) gallons of liquid waste deposited or discharged into the system; and [ TABLE 16- 6- 2(d)(2) Year: 200312004 12005 12006 12007 12008 12009 12010 12011 (subsequent Septic Hauler (per 100 2.24 2.31 2.38 2.46 2.54 2.63 2.72 2.82 2.92 3.03 gallons) Table 16- 6- 2(d)(2) Year Jan 2007 March 2007 to March20 March 2009 to March 2010 to March 2011 to March 2012 to March 2013 to March 2014 to March 2015 to March 2016 and subsequent To Feb 2007 08 to Feb 2009 months and ears Feb 2008 Feb 2010 Feb 2011 Feb 2012 Feb 2013 Feb 2014 Feb 2015 Feb 2016 Septic Haulers' Combined Monthly Sewer Volume Charge and Excessive Strength Surcharge (in U.S. Dollars per 1000 gallons) 24.60 1 28.20 1 32.60 1 35.60 1 39.00 1 40.60 1 42.30 1 43.25 1 44.25 1 45.25 46.26 [(3) a monthly monitoring fee of one hundred thirty -eight dollars ($138.00); provided, however, that commencing on January 1, 2003, and as adjusted on January 1 of each year thereafter, the amount of the monitoring fee shall be the amount shown in the row for "MC" in Table 16- 7 -2(b) of Chapter 7 of this Title for the applicable calendar year.] (e) Airport Collection System. (1) The wastewater charges for all users connected to the Airport Collection System shall be as provided in Subsections (a) and (b) of this Section, subject to the provisions of this Subsection (e). (2) (Reserved) (3) (Reserved) (4) The wastewater charges set forth herein for users connected to the Airport Collection System shall be in addition to, and not in lieu of, any and all other charges or fees associated with or assessed to property owners or occupants of facilities located at the Pueblo Memorial Airport or the Airport Industrial Park. SECTION 2 Section 16 -7 -2 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16 -7 -2. Surcharge classification and rates. (a) Users subject to the excessive strength surcharge shall be assessed the surcharge based upon the following formula: S = Vs x 8.34 [$BOD x (BOD -225) + $SS x (SS -200)] + [TC] MC above: (b) The following definitions or meanings apply to the formula in paragraph (a) (1) "S" means the monthly excessive strength surcharge expressed in U.S. dollars. gallons. water. (2) Ws" means the monthly sewage volume expressed in millions of (3) "8.34" is a constant representing the weight in pounds per gallon of (4) "$BOD" is the charge for BOD expressed in U.S. dollars per pound, determined in accordance with specified rate for the applicable calendar year as set forth in Table 16- 7 -2(b) below. (5) "BOD" means the five -day biochemical oxygen demand strength index of the user's discharge to the system in milligrams per liter by weight as determined by the Director of Public Works. (6) "225' is a constant representing the maximum allowed BOD strength in mg /I before an excessive strength surcharge for BOD will be assessed. (7) "$SS" is the charge for total suspended solids expressed in U.S. dollars per pound, determined in accordance with the specified rate for the applicable calendar year as set forth in Table 16- 7 -2(b) below. (8) "SS" means the total suspended solids strength index in milligrams per liter by weight as determined by the Director of Public Works. (9) "200" is a constant representing the maximum allowed suspended solids strength in mg /I before an excessive strength surcharge for SS will be assessed. (10) "MC means monitoring charge and is the average monthly user charge portion of costs associated with monitoring of excessive strength discharges to the system, determined in accordance with the specified rate for the applicable calendar year as set forth in Table 16- 7 -2(b) below. [TABLE 16- 7 -2(b) 2012 and Year: 2003 2004 2005 2006 2007 2008 2009 2010 2011 subsequent years $BOD (Dollars per pound for 0.164 0.173 0.183 0.194 0.205 0.216 0.228 0.241 0.255 0.269 excess BOD) $SS (Dollars per pound 0.128 0.130 0.132 0.134 0.136 0.139 0.141 0.144 0.147 0.150 forexcess TSS MC (Dollars 145.00 153.00 1.61.00 170.00 179.00 188.00 198.00 209.00 220.00 232.00 per month) TABLE 16- 7 -2(b) Year Jan 2007 to Feb 2007 March 2007 to March 2008 to March 2009 to March 2010 to March 2011 to March 2012 to March 2013 to March 2014 to March 2015 to March 2016 and subsequent months and years Feb 2008 Feb 2009 Feb 2010 Feb 2011 Feb 2012 Feb 2013 Feb 2014 Feb 2015 Feb 2016 BOD (Dollars Per 0.194 0.240 0.300 0.335 0.380 0.400 0.420 0.435 0.445 0.460 0.470 Poundfor excess BOD) $SS (Dollars 0.134 0.150 0.165 0.180 0.190 0.195 0.205 0.205 0.210 0.215 0.216 Per Pound for excess SS MC (Dollars 170.00 176.30 184.20 189.50 195.50 198.30 201.30 203.00 204.75 206.55 208.35 per month) (c) All users subject to excessive strength surcharges shall have samples of their discharge collected and a test report prepared in a manner approved by the Director of Public Works at least twice annually or more frequently if so directed by the Director of Public Works. By way of illustration, and not by way of limitation, the following classes of industrial and commercial enterprises may be subject to excessive strength surcharges: malt producers, macaroni and spaghetti producers, fabricated plate works, manufacturing industries, linen suppliers, fruit and vegetable canning, ink manufacturing, printers, sugar processing, commercial or industrial laundries, hotels, restaurants, tallow rendering, corrugated box producers, steel manufacturing, meat packing, bakeries, dairy products processing, drum cleaning, pharmaceutical manufacturers, miscellaneous food manufacturers, grain mills, leather tanning, inorganic chemical manufacturers, animal fats and oil processing, and slaughterhouses. 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 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 4 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, 2006 at 11:59 p.m. INTRODUCED November 13, 2006 BY Randy Thurston Councilperson APPROVED: President of Cit Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: November 27, 2006 DATE: November 13, 2006 DEPARTMENT: WASTEWATER Gene Michael TITLE AN ORDINANCE AMENDING CHAPTERS 6 AND 7 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO SEWER USER CHARGES AND EXCESSIVE STRENGTH SURCHARGES AND PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS THEREOF ISSUE Should the City Council approve an ordinance amending Chapters 6 and 7 of Title XVI of the Pueblo Municipal Code relating to increased sanitary sewer connection fees and plant investment fees and providing remedies and penalties for violations thereof? RECOMMENDATION Approval of Ordinance BACKGROUND Pueblo's Municipal Code presently requires that a review of wastewater rates be performed every two years to ensure that the rates generate sufficient revenue to pay the total operation and maintenance costs necessary to properly operate and maintain the wastewater system, and to ensure that the rates maintain the proportionate distribution of costs among user classes (Section 16 -7 -9). In accordance with this requirement, on December 7, 2005 the City Council approved a long -term agreement with Red Oak Consulting to review the City's sanitary sewer rates in light of current and future needs. Red Oak Consulting worked closely with the City's Wastewater Department staff to accomplish this task. The findings and recommendations from this review were presented to the City Council at work sessions on June 5, 2006, and on July 31, 2006. A copy of the revised recommendations based on the rate review is attached. The study indicates that revenues must be increased in order to provide for proper operation, maintenance, and future capital construction of the sanitary sewer system. Operating costs presently exceed revenues. Capital projects that are needed to maintain proper operation and maintenance for the sanitary sewer collection system are summarized in the attached Table 3- 3. These projects have been carefully examined to ensure that they are necessary to correct existing deficiencies in the wastewater collection and treatment system and to maintain compliance with environmental laws. The proposed rate increase does not address anticipated upgrades at the Water Reclamation Facility that will be needed to provide ammonia removal. Funding for those upgrades will be delayed until the discharge permit is renewed. The renewed discharge permit will provide more specific information on effluent limits and the required compliance schedule. FINANCIAL IMPACT The proposed ordinance will increase sanitary sewer rates as shown in the attached Tables 1 -1 and 1 -2. The increased sanitary sewer rates will fund the capital improvement charges shown in the attached Table 3 -3 from the study. The attached Table 3 -4 provides a projected operating subfund cash flow analysis from the 2006 Wastewater Rates Study. The proposed rate schedule is expected to generate additional revenue of approximately $1,299,600 in 2007, an additional $2,620,000 in 2008, and an additional $1,492,400 in 2009. The revenue projection contained in the proposed 2007 budget reflects an increase of only $800,000. This conservative approach to budgeting was taken because actual revenue increases have lagged significantly behind rate increases over the past three years. If additional revenues beyond the budget projection are received, those revenues will be available for use in additional capital projects for sanitary sewer repairs. The Wastewater Department will request a special appropriation from the City Council to authorize expenditures for any additional capital projects.