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HomeMy WebLinkAbout08147ORDINANCE NO. 8147 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO OWNERSHIP AND MAINTENANCE OF SANITARY SEWER SERVICE LINES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being omitted; underscoring indicates new matter being added) SECTION 1. Chapter 3 of Title XVI of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: CHAPTER 3 Sewer; General Provisions Sec. 16 -3 -1. Definitions. As used in this Chapter, the following words and terms shall have the meaning set forth below: (a) Building Sewer or Service Line means that part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system, or other point of disposal. (b) Sanitary Sewer means a sewer that carries liquid and water - carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of storm, surface, and groundwaters that are not admitted intentionally. (c) Public Sewer means a common sewer main directly controlled by the City of Pueblo. (d) Tap means the physical connection point where a building sewer or service line connects to a public sewer. Sec. 16- 3 -[1]2. Connection with system, when required. All vaults, water closets and privies, together with all drainage from bathtubs, sinks and basins, situated on premises located on the line of any street, alley or avenue in the City, through which there is a public or district sewer, shall be connected by the owner of the property, or his or her agent, with such public or district sewer, when required so to do by order of the Director of Public Health. Sec. 16- 3 -[2]3. Extension of system; necessity. Whenever in the opinion of the City Council declared by resolution an immediate necessity exists for the preservation of public health by extension of existing sewer lines as part of the sewerage system owned by the City, the City Council may order the construction of such extension. Sec. 16- 3 -[3]4. City property; assessment. The extension provided for in the preceding Section hereof when completed shall be the property of the City and the cost of the same when incurred pursuant to the terms of this Chapter shall be paid by the City from the general fund; and the City shall be reimbursed, in whole or in part, by the proceeds and returns of special assessments upon the property, if any, especially benefited; and the returns and proceeds of such assessments made pursuant to this Chapter shall be paid into the general fund. Sec. 16- 3 -[4]5. Construction procedure. When cost of such project is to be in whole or in part charged against property benefited, the proceedings for the construction of sewer projects authorized herein shall be in accordance with Title XI I of this Code. Sec. 16- 3 -[5]6. Costs; apportioned; installments; waiver; cumulative provision. (a) The cost of sanitary sewers shall be paid for by the lot or lots or owners thereof abutting upon the alleys or streets where laid, in proportion to the benefited frontage of such lot or lots on same. Where benefits are derived by property not abutting on the line of such sewer, the City Council shall cause such cost to be zoned in such manner as to include all benefited property according to the benefits derived. The cost to be charged to the City, if any, shall be determined by the City Council according to the extent and use of such extension as a part of the principal sewer lines of the City sewerage system, its capacity and availability to serve such purpose and the location thereof in the streets of the City. (b) Installments of assessments under this Chapter shall not exceed the term of three (3) annual installments for the whole amount assessed. (c) Owners of property to be benefited, or any of them, may in writing waive all proceedings preliminary to assessment and consent that such assessment be made by resolution of the City Council. (d) The provisions of this Chapter shall be cumulative with all other powers of the City Council, or procedures for the exercise thereof with respect to sewers. Sec. 16- 3 -[6]7. Sewer and water fee in lieu of assessment charge. Within ten (10) years after the complete installation of any water or sewer system financed in whole or in part by special improvement district bonds, an owner of property which was not included within the District shall, if at the time the ordinance creating the District was enacted the property was not within the City or if the property was in the City and within two hundred (200) feet from the boundary of the District, be required to pay the City a fee prior to connecting onto said system. The fee, to be computed by the Director of Public Works, shall be equivalent to the amount and based upon the method of assessment for property within said District plus interest thereon at six percent (6 %) per annum from the date of complete installation. Sec. 16 -3 -8. Ownership and Responsibility. Owners of properties served by sanitary sewers shall own all of the service lines or building sewers that connect structures on the property to the Public Sewer, including the tap itself. Property owners shall be responsible for maintaining, repairing, or replacing service lines and building sewers at their sole expense. SFOTinN 9 This Ordinance shall become effective upon final passage and approval. INTRODUCED: February 8, 2010 BY: Judy Weaver COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: CrrY CLERK PASSED AND APPROVED: February 22, 2010 Background Paper for Proposed ORDINANCE DATE: February 8, 2010 DEPARTMENT: WASTEWATER Gene Michael, Director TITLE AGENDA ITEM # R -6 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO OWNERSHIP AND MAINTENANCE OF SANITARY SEWER SERVICE LINES ISSUE Should the City Council approve an ordinance amending Chapter 3 of Title XVI of the Pueblo Municipal Code relating to ownership and maintenance of sanitary sewer service lines? RECOMMENDATION Approval of Ordinance BACKGROUND The City of Pueblo provides sanitary sewer service by constructing, operating and maintaining a wastewater treatment facility and a system of sewer mains to collect and convey sewage. Historically the City has maintained, repaired and replaced sanitary sewer mains. The service lines or building sewers that connect buildings to the sanitary sewer mains have been owned by the property owners, who are responsible for maintenance, repair and replacement of those service lines. However, the matter of the ownership and maintenance responsibility for sanitary sewer service lines is not clearly articulated in the Municipal Code. As a result, misunderstandings and disputes occasionally arise. This revision to the Municipal Code is intended to clarify these issues. FINANCIAL IMPACT None