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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-