HomeMy WebLinkAbout167 - 11/04/1986 - REPEALING AND REENACTING CITY CODE RELATING TO THE EXTENSION OF THE CITYS WATER AND WASTEWATER SYSTE ORDINANCE NO. 1671 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING MISCELLANEOUS SECTIONS OF CHAPTER 112
AND REENACTING A NEW ARTICLE RELATING TO THE EXTENSION
OF THE CITY'S WATER AND WASTEWATER SYSTEMS
WHEREAS, the installation of water and sewer mains within development
projects is ordinarily carried out at the same time under zoning and
subdivision ordinances and most of the provisions governing the extensions
of either type of main should be consistent; and
WHEREAS, the City is undertaking a recodification of all of the
ordinances of the City including revising Chapter 112 of the Code of the
City relating to the utilities owned by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1 . Chapter 112 of the Code of the City of Fort Collins,
"Utilities and Enterprises, " is amended to add a new article as follows:
ARTICLE IV. EXTENSION OF WATER AND WASTEWATER SYSTEMS
BY DEVELOPERS OR UTILITY.
§ 112-156. Definitions; rules and regulations.
A. For purposes of this Article, the term "Director" shall mean the
Water and Wastewater Utility Director and the term "Utility"
shall mean the Water and Wastewater Utility.
B. The Director may promulgate rules and regulations establishing
standard specifications governing the depth, size, slope,
alignment, materials or construction of water and sewer lines and
pumping and lift stations and methods to be used in the
excavating , placing of the pipe , jointing , testing and
backfilling the trench and such other technical specifications as
may apply to the water and wastewater utilities. Such rules and
regulations are effective upon approval of Council by resolution
and will have the same force and effect as provisions of this
chapter. Violations of this chapter are punishable upon
conviction as provided in §1-23.
§ 112-157. Water and sewer main extensions: general regulations.
A. Location. All water mains and public sewers shall be installed
only in the dedicated public streets or alleys or in easements
that grant to the City rights that are at least equal to rights
it would enjoy in the dedicated streets or alleys.
B. Specifications. The size of the mains required to serve any part
of the city shall be determined by the Director. No water main
less than six (6) inches in diameter shall be placed in the water
distribution system. The slope, depth, alignment and materials
of construction of the mains and the methods to be used in
excavation, placing of the pipe, jointing, testing, and
backfilling the trench and all other work shall conform to the
requirements of this code, any specifications promulgated by the
City, and laws, rules and regulations of federal , state and local
entities. In the event of a conflict, the rules and regulations
promulgated by the Director control . All phases of water main
and public sewer construction shall be inspected and approved by
the City.
C. Licenses and warranty. No person except an employee of the City
or a person licensed as a contractor in the public right-of-way
under Chapter 112A shall excavate or install water or sewer lines
in public streets, alleys or sidewalks. The installer shall
guarantee the work for a period of one year after completion of
the improvements and acceptance thereof by the City.
D. Private development projects. All water mains including
cross-connecting mains, and public sewers required to serve a
platted subdivision or planned unit development or other
significant development shall be installed by the subdivider
developer in accordance with §112-158 of this Article.
E. Maintenance. Once the public water lines and sewers and
appurtenances have become part of the water and wastewater
utilities, their maintenance is assumed by the City.
§ 112-158. Subdivisions and developments.
A. All persons, contractors, builders, operators, subdividers and
developers shall comply with the code, Colorado Site Application
Procedures, and rules and regulations of the city for obtaining
written approval of any proposed water distribution facilities
and wastewater collection facilities for mobile home parks,
planned unit developments, subdivisions or other developments
prior to the recording of the plats and shall pay all required
utility charges and fees.
B. A developer shall install at self-expense all mains, service
lines , and other appurtenances to , in and through the
development. The City shall participate in the developer's cost
of installing oversized mains as provided in §112-160. The City
may also accommodate the developer by attempting to collect
reimbursement fees from properties outside the development
benefitted by the developer's extensions of mains through
undeveloped areas as provided in §112-161 .
-2-
C. The plans and specifications for the installation of mains,
service lines and other appurtenances shall be part of the
utility plan submitted to the City for approval under
subdivision, zoning or other ordinances, and such facilities
shall be installed in accordance with the plans and
specifications approved by the Utility. Approval by the City of
any plans and specifications submitted shall be revocable upon a
finding that such plans and specifications are insufficient for
the purposes intended, and the City shall incur no liability for
such revocation. Utility approval of water line and sewer plans
expires two years after such approval , and failure to install
such utility lines, or any portion thereof, within two years of
the original approval of the utility plan requires resubmission
of the water line and sewer plans to the Utility for further
review and approval . The approval period may be extended once
for six months if application for extension is made to the
Utility prior to the expiration of the two year period.
D. The developer shall install water and sewer mains to the farthest
point or points of the property to be served when, in the opinion
of the Director, such extension is desirable to provide for
future extensions of the water and wastewater systems.
E. No water service or sewer connection permits are required of the
developer for installation of mains and service lines stubs in
the development. However, such permits are required before water
and wastewater services are activated pursuant to Articles II and
III of this chapter.
F. Mylar reproducible "as-built" plans bearing the registered civil
engineer's seal and number shall be submitted by the developer to
the utility after inspection and approval of the installation of
the water lines and sewers and prior to the final acceptance of
utility improvements by the City. When water lines and sewers
and their appurtenances have been installed in a public street or
easement pursuant to the requirements of this code and have been
inspected and accepted by the City, then such water mains and
water taps, public sewers, fire hydrants and other public
appurtenances become the property of the City and a part of the
water and wastewater utilities.
§ 112-159. Public construction projects.
A. Before any street or alley is paved, the City shall cause to be
installed such water and sewer mains as deemed necessary or
desirable by the utility to provide for future extensions of the
water and wastewater systems. In such event or if there are
existing mains in the street or alley to be paved, the City shall
also cause to be installed such water and sewer service line
stubs from the mains to property lines as desired by abutting
property owners or as deemed necessary by the Utility to serve
the adjacent area when fully developed. When adjacent owners
desire to connect to the service line stubs so installed, they
-3-
shall obtain the appropriate connection permits and pay any
reimbursement charges assessed on account of the extension of the
water and wastewater systems, in addition to any required plant
investment fees and tap charges. The City may also order the
owners of adjacent properties to connect their premises with the
water and sewer mains at the time of the paving pursuant to
§16-31 and §112-86.
B. Extension of water and sewer lines to serve property within the
city may be financed by special assessment against the benefited
property, as provided in Chapter 16, Improvements, Local Public.
The City may pay the cost attributable to any property in an
improvement district which cannot be assessed its full share of
the cost of the utility lines because of the limitation based on
value of property, and collect the balance of the full assessment
from the affected property owner at the time of issuance of the
water service and/or sewer connection permits.
C. The existence of private mains and service lines connected to the
water and wastewater utilities does not affect the assessability
of the property for sewers and water lines constructed by the
City or by others in accordance with city specifications. When
private mains are replaced by city mains, no credit against the
amount that would otherwise be assessed to the property shall be
allowed for the existing private mains.
§ 112-160. Oversizing.
A. If the Utility requires a developer to install water and sewer
mains for a subdivision or development of a size or capacity
greater than that necessary to serve the new development, the
City shall pay the extra expense caused by the oversizing.
B. In order to obtain oversizing payments from the City, the
developer must provide copies of the following:
(1) Completed bid forms from at least three qualified
contractors with an indication of which contractor was
awarded the project. The bid forms must contain the
description, estimated quantity and unit price for each item
included in the project. Each bid must be genuine and not a
collusive or sham bid.
(2) The contractor's application for final payment as approved
by the developer's engineer;
(3) A letter from the developer and/or contractor certifying
final payment has been received by the contractor;
(4) A letter of acceptance from the City's engineering inspector
certifying the water and sewer lines were installed in
conformance with city standards and specifications; and
-4-
(5) Any other information deemed necessary by the director.
C. The City will reimburse the developer for a portion of the fees
incurred by the developer for engineering services related to the
water and sewer line project in accordance with the compensation
curves included in American Society of Consulting Engineers
Manual No. 45, A Guide for the Engagement of Engineering
Services, and with the rules, regulations, policies and
procedures of the Utility. Prior to payment of any portion of
the engineering fees by the City, the developer must provide a
copy of the following:
(1) An invoice from the developer's engineer for any fees
assessed on the project; and
(2) A letter from the developer and/or engineer certifying final
payment of engineering fees.
The City will not contribute more than the total amount of the
fee paid to the engineer by the developer.
D. If the developer has complied with the requirements of the City
in installing the water and sewer lines and has supplied to the
Utility in a timely manner the information required by this
section, the City will pay that proportion of the developer's
costs for materials and labor attributable to the oversizing
requirement as determined by the Director in accordance with the
following tables:
(1) Percentage of costs to be paid by the City for oversizing
water mains.
Size of Main Installed
12" 16" 20" 24"
Size of Main
Used as Basis
for Oversizing
8" 30% 49% 64% 72%
12" - 30% 48% 60%
16" - - 29% 45%
20" - _ _
23%
-5-
(2) Percentage of costs to be paid by the City for oversizing
sewer mains.
Size of Main Installed
loll 12" 15" 18" 21" 24"
Size of Main
Used as Basis
for Oversizing
8" 7% 14% 41% 55% 65% 70%
10" - 7% 37% 51% 62% 68%
12" - - 32% 48% 60% 66%
15" - - - 23% 41% 49%
18" - - - - 22% 34%
21" - - - - - 15%
E. The books and records of the developer relating to the costs of
water and sewer lines in which the Utility is participating shall
be open to the City at all reasonable times for the purpose of
auditing or verifying such costs.
§ 112-161 . Reimbursement agreements.
A. When any person constructs a water or sewer main through
undeveloped areas to reach and serve such person's property or
constructs such a line on the perimeter of the property, the
entire cost of the main shall be the responsibility of such
person. If such developer enters into a reimbursement agreement
with the City in the time and manner prescribed by this section,
then the City may assess a charge per front foot to each adjacent
property connecting to the affected main at the time a connection
permit is issued for that property. If the front foot charge is
collected, the City shall reimburse the original installing
developer to the extent of such collection after deducting a
service charge of three (3) percent to cover administrative
costs. All costs for the construction of the water and sewer
lines must be fully paid by the installing developer before such
person is entitled to reimbursement under any agreement
established hereunder.
B. The amount of the reimbursement assessed by the City for each
adjacent property as it develops may be based on the original
cost of design and construction of the lines plus an adjustment
for inflation based on the construction cost index for Denver,
Colorado, as published monthly by Engineering News Record. In no
case shall the front foot charge reflect less than the original
cost of installation through the undeveloped properties. The
costs of design and construction may include engineering fees.
Reimbursement of the installing developer is contingent on actual
collection of the front foot charge by the City.
-6-
C. In order to obtain approval of a reimbursement agreement from the
City, the developer shall provide the Utility with copies of the
following within ninety (90) days from acceptance of the utility
lines by the City' s engineering inspectors:
(1) Completed bid forms from at least three qualified
contractors with an indication of which contractor was
awarded the project. The bid forms must contain the
description, estimated quantity and unit price for each item
included in the project. Each bid must be genuine and not a
collusive or sham bid.
(2) Any invoice from the developer' s engineer for any fees
assessed on the project;
(3) The contractor's application for final payment approved by
the developer' s engineer;
(4) A letter from the developer and/or contractor certifying
that final payment has been received by the contractor;
(5) A letter from the developer and/or engineer certifying that
final payment of engineering fees has been made;
(6) A map prepared by a licensed engineer or surveyor which
shows:
(a) The location of the utility line constructed;
(b) The name of the owner of each property which has
frontage along the utility line;
(c) The amount of frontage each property has along the
utility line;
(d) The acreage and parcel number of each property along
the utility line; and
(e) A reference to the book and page and/or reception
number from the County records where the information
for each property was obtained.
(7) Any other information deemed necessary by the director.
If the foregoing information is not submitted by the developer
within the ninety (90) day period provided, then reimbursement
will be denied. If the information is timely submitted, the City
will review it and prepare a reimbursement agreement to be signed
by both the developer and the City Manager.
D. The term of any reimbursement agreement established hereunder
shall not exceed a period of ten (10) years from the date of its
-7-
execution regardless of whether or not the original costs have
been fully reimbursed. The Council may approve one (1) extension
of the agreement, not to exceed an additional ten (10) years, if
application for the extension is made prior to the expiration of
the original ten year period. The City is not liable for any
portion of the uncollected balance.
E. The books and records of the developer relating to the costs of
the water and sewer mains for which the developer seeks
reimbursement shall be open to the City at all reasonable times
for the purpose of auditing and verifying the developer' s costs.
§§112-162 - 112-165. Reserved.
Section 2. All ordinances and parts of ordinances in conflict with
this ordinance and, particularly, §§112-19, 112-40 through and including
112-50, 112-72A & B, 112-74A through and including 112-74D, and 112-74E (2)
through and including 112-74E (6) of the Code of the City of Fort Collins,
1972, as amended, are hereby repealed.
Introduced, considered favorably on first reading, and ordered
published in summary form this 21st day of October, A.D. 1986, and to be
presented for final passage on the 4th day of November, A.D. 1986.
Mayor
ATTIES(T-
7J1nti.)!a� .
City Clerk
1986.Passed and adopted on final reading this 4th day of November, A.D.
Mayor
A-ITEST-
-8-