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HomeMy WebLinkAbout164 - 11/04/1986 - AMENDING CITY CODE REGARDING UTILITIES AND ENTERPRISES ORDINANCE NO. 164, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS PROVIDING FOR THE AMENDMENT AND REORGANIZATION OF CHAPTER 112 OF THE CODE OF THE CITY WHEREAS, the Office of Utility Services was created by Ordinance No. 94, 1986; and WHEREAS, the administrative branch of the City has been reorganized to include the city's five utilities and the departments administering them under the umbrella of the Office of Utility Services; and WHEREAS, the city is undertaking a recodification of the ordinances of the City and it is desirable that the ordinances governing each of the utilities be placed in Chapter 112, Utilities and Enterprises, of the Code of the City of Fort Collins and that the chapter be organized to promote consistency and eliminate unnecessary repetition between the various ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Chapter 112, Utilities and Enterprises is hereby amended to add a new article as Article I containing the general definitions and provisions in common to all utilities and the Office of Utility Services, and to provide for a new format and renumbering of articles and sections as follows: Chapter 112 UTILITIES AND ENTERPRISES ARTICLE I. IN GENERAL §112-1 . Definitions. For purposes of this Chapter, the following words and phrases are defined as follows: City - the City of Fort Collins. City Manager - the City Manager of the City of Fort Collins or the designated representative of the City Manager. Department of Natural Resources, Streets and Stormwater Utilities - the department in charge of the streets and stormwater utilities. Director of Finance - the head of the department of finance or the designated representative of such director. Developer or Subdivider - any person who plats and improves undeveloped land for industrial , commercial , residential or mixed use thereby creating a demand for city utility services. Director of Natural Resources, Streets and Stormwater Utilities - the head of the Department of Natural Resources, Streets and Stormwater Utilities, also known as "Director of Streets," or the designated representative of such director. Dwelling unit - means one or more rooms and a single kitchen designed for or occupied as a unit by one family, for living and cooking purposes, located in a one-family or multi-family dwelling. Light and Power Utility - the department which is in charge of the distribution and sale of electricity in the city of Fort Collins. Light and Power Director - the head of the Light and Power Utility or the designated representative of such director. Oversizing - the term for the circumstance where the City has required the developer to install a water or sewer main of a size or capacity greater than that needed to serve just the particular development. Owner - the term as used in this Chapter includes legal representatives, agents, assigns and successors in interest as well as the actual or original owner of record of the property served by a city utility. Person - any individual , joint venture, partnership, firm, corporation, association, club or organized group, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. Subdivision - the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development. User - generally, the owner, tenant, trustee, mortgage receiver or occupier of premises which are connected to any of the City's utilities. Utility Services Director - the head of the Office of Utilities Services or the designated representative of such director. Utility Bill - the consolidated bill issued monthly by the Department of Finance which itemizes the separate charges for each utility service provided to the customer. Water and Wastewater Utility - the department which is in charge of the water and wastewater utilities of the City of Fort Collins. Water and Wastewater Utility Director - the head of the Water and Wastewater Utility or the designated representative of such director. -2- §112-2. Administration of chapter. A. The electric, stormwater, streets, water and wastewater utilities of the City of Fort Collins shall be under the immediate administrative supervision and control of the Office of Utility Services, which shall operate the properties of the various utilities in an efficient and economical manner. B. All contracts, records and evidences of title relating to any of the utilities' property heretofore or hereafter acquired by the City shall be assembled and carefully preserved. The Utility Services Director and the Director of Finance shall keep and preserve such other records and prepare such reports concerning the City's utilities as the City Manager directs. The City Manager shall keep the City Council advised of the operations, financial conditions and future needs of the utilities. C. The Utilities Services Director may formulate and promulgate such reasonable rules and regulations not inconsistent with the City Charter and this Chapter of the Code, to facilitate the proper administration of the various utilities and this Chapter of the Code. Such rules and regulations are effective upon approval by City Council . §112-3. Utility directors. A. The Light and Power Utility of the City of Fort Collins shall be headed by the Light and Power Utility Director, who shall be responsible, under the Utility Services Director, for the immediate supervision of the electric utility and the design, construction, reconstruction, addition, repair, replacement, operation and maintenance of the City's electrical system. B. The Water and Wastewater Utility of the City of Fort Collins shall be headed by the Water and Wastewater Utility Director, who shall be responsible, under the Utility Services Director, for the immediate supervision of the water and wastewater utilities and the design , construction , reconstruction , addition , repair, replacement, operation and maintenance of the City's water and wastewater systems. C. The Director of Natural Resources and Street and Stormwater Utilities shall be responsible, under the Utility Services Director, for the immediate supervision of the street and stormwater utilities, the maintenance and upkeep of the City's local streets, and the design, construction, reconstruction, addition, repair, replacement, operation and maintenance of the City's stormwater facilities. -3- §112-4. Utility users agree to the rules; penalty for breach. Any person receiving a utility service from the City, agrees to abide by, and shall abide by all provisions of this Code, all applicable ordinances of the City, and all the effective rules, regulations, policies and procedures of the City pertaining to the respective utilities. The failure of any utility user to comply with any provision of this Code, any applicable ordinance, or any regulatory provision issued thereunder is a violation of this Code, punishable as provided in §1-23 of this Code. The violator may also be subject to any other penalties or liability provided by this Chapter, including the disconnection of utility services until compliance is achieved. §112-5. Right of Entry. The employees of the City shall , at all reasonable times, have access to any premises, within or without the city, served by one or more of the City's utilities, for the examination or survey thereof, or for inspection and repair of facilities and appurtenances, connection and disconnection of services, reading meters, or for any other purpose whatever in connection with the necessary discharge of their duties and the enforcement of the provisions of this Chapter. §112-6. Damage to property of utilities prohibited. It is unlawful for any person to tamper with, molest or damage in any manner any property, equipment, appliance or appurtenance constituting a part of any utility system of the City of Fort Collins, or for any person to trespass upon the property of the City and interfere in any manner with the operations of a utility system of the City. Any expense caused to the City for the repair or replacement of damaged, stolen, tampered with or misused utility equipment or facilities shall be charged against and collected from the person or persons who caused the expense. §112-7. Dual supply of water and sanitary sewer service. In the event that a property located within the City is in an area not supplied with both water and wastewater service from the City but is capable of receiving both water and wastewater service from one or more duly established quasi -municipal utility service districts, then the City shall not extend or provide either service to the property. The City may, however, extend either or both services to such property if the utility service district or districts are or become incapable of providing a reasonable level of service to the property. Upon the review of the Water Board and the city administration, the City Council may waive any part or all of this section. §112-8. Notice requirements generally. Unless otherwise specified, whenever notice is required to be given by the provisions of this Chapter, it shall be in writing and mailed by certified mail , postage prepaid, to the last known address of the person to -4- be notified as shown on the records of the City. Service of such notice shall be effective upon the date of mailing. §112-9 - 112-10. Reserved. ARTICLE II . WATER. §§ 112-11 through 112-70. RESERVED. ARTICLE III. WASTEWATER. §§ 112-71 through 112-155. RESERVED. ARTICLE IV. EXTENSION OF WATER AND WASTEWATER SYSTEMS BY DEVELOPER OR UTILITY. §§ 112-156 through 112-165. RESERVED. ARTICLE V. ELECTRICITY. RESERVED. ARTICLE VI. STORMWATER. RESERVED. ARTICLE VII. STREET MAINTENANCE. RESERVED. ARTICLE VIII. UTILITY SERVICE OUTSIDE CITY LIMITS. RESERVED. Section 2. That the definitions and general provisions, including penalties, of Article I shall apply to all articles in Chapter 112 and the definitions and penalty clauses need not be repeated and printed for each article in codification of the ordinances. Section 3. All ordinances and parts of ordinances in conflict with this ordinance and, particularly §§ 112-3, 112-6, and 112-127 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 Novemb r, A.D. 1986. Mayor ATTEST: o� City Clerk -5- Passed and adopted on final reading this 4th day of November, A.D. 1986. Mayor AT1, EST: City Clerk -6-