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.