HomeMy WebLinkAbout165 - 11/04/1986 - REPEALING AND REENACTING, WITH MODIFICATIONS, THE CITY CODE RELATING TO THE WATER UTILITY, AND AMEND ORDINANCE NO. 165, 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING, WITH MODIFICATIONS,
CHAPTER 112, ARTICLE I OF THE CODE OF THE CITY
OF FORT COLLINS RELATING TO THE WATER UTILITY,
AND AMENDING THE PLUMBING CODE TO ESTABLISH
BACKFILL COMPACTION STANDARDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Chapter 112, Article I of the Code of the City of
Fort Collins, "Water", is hereby repealed in its entirety and reenacted as
Article II of said Chapter as follows:
ARTICLE II. WATER
Division 1. Generally
§112-11. Purpose; definitions.
A. Purpose. The purpose of this article is to define the water
utility of the city, to set forth the respective
responsibilities of water service users and the utility, and
to promote the public health, safety and welfare of the
community by providing for protection against
cross-connections, acquisition of sufficient water rights as
the city grows and develops, adequate water quantity and
pressure for customer use and fire fighting , water
conservation, and the equitable distribution among all users
of the costs of expansion, replacement, maintenance, and
operation of facilities for the safe and efficient delivery of
water to city residents and other water users.
B. Definitions. For the purpose of this article, the following
words or phrases are defined as follows unless the context
clearly indicates otherwise:
CITY WATER - water from the water utility of the City of Fort
Collins.
CROSS-CONNECTION - any permanent or temporary linkage or
arrangement, physical or otherwise, between a potable water
supply system and any piping, plumbing fixtures, tank,
receptacle, equipment or device, through which it may be
possible for nonpotable , used , unclean , polluted or
contaminated water, or other substance or gas, to enter into
any part of such potable water system under any condition. "A
potable water system" may mean either the city's distribution
system or that portion of the water delivery system carrying
city water solely within a user's premises. For purposes of
this article, other definitions pertinent to cross-connection
control have the meanings adopted by the latest edition of the
• •
• Cross-Connection Control Manual published by the Colorado
Department of Health, unless superseded by any rules and
regulations promulgated under this article.
DIRECTOR - for purposes of this article, the Water and
Wastewater Utility Director or the designated representative
of such director.
FIRE LINE OR FIRE TAP - a water tap carrying city water from
the main to the emergency fire sprinkler system of a building
for the sole purpose of fire protection and not for regular
use for domestic purposes.
PRIVATELY OWNED WATER MAIN OR PRIVATE MAIN - a water line
under the ownership, maintenance and control of a private
individual or entity even though connected to a publicly owned
water main for its source of water and which may have multiple
taps serving several buildings or properties under different
ownerships with city water.
MAIN (WATER) - the principal arterial pipeline of the city's
water distribution system, also known as the street main or
city main, to which service lines may be connected.
SERVICE LINE (WATER, PUBLIC AND PRIVATE) - The water delivery
pipeline running from the city water main to the building or
property to be served consisting of a publicly owned and
maintained portion from the main to the curb stop and a
privately owned and maintained portion from the curb stop
(including the outlet coupling) to the building or other point
of use or distribution on the lot or premises served. The
terms "water service pipe" and "building -supply" as used in
the plumbing code have the same meaning. The public portion
of a service line is also referred to as a "service line stub"
or a "public service line" as distinguished from the term
"private service line" which refers to the privately owned and
maintained portion of the service line.
USER - the owner, tenant, trustee, mortgage receiver or
occupier of premises which are connected to the water utility.
UTILITY - in this article, the Water and Wastewater Utility.
§112-12. Composition of the water utility.
Except for private mains and that portion of the service line
considered privately owned between the curb stop and the structure
served , all water and water rights , waterworks and their
appurtenances, fire hydrants, machinery, equipment and supplies used
by the city to supply its water users with water, shall constitute the
"water utility. "
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§112-13. Pollution of water supply prohibited.
A. It is unlawful for any person to cast, place, dump or deposit
in any part of the city waterworks any substance or material
which may injure or obstruct the same or tend to contaminate
or pollute the water or obstruct the flow of water through
utility facilities. For a distance of five (5) miles upstream
from the point where the water supply of the city is diverted,
no person shall throw, cast, put or deposit any pollutant or
contaminant into, or in close proximity to, the Cache la
Poudre river or any of its tributaries, or store or retain any
offensive or unwholesome substance on any premises in such
position that the substance or drainage therefrom, may be
carried by natural causes into said river or tributaries, or
permit to flow from any place or premises any foul or
contaminating fluid into said river or tributaries.
B. No person shall bathe or swim in, or wash or bathe any animal
or cause any animal to go into, any of the waters constituting
the water works or supply of the water utility.
C. In addition to any other remedies provided by this chapter,
the City Attorney acting in behalf of the City Council may
commence an action in a court of competent jurisdiction for
temporary restraining orders and preliminary and permanent
injunctions restraining any violation of this section.
§112-14. Tampering with fire hydrants or other utility appliance.
It is unlawful for any unauthorized person to remove water from or
otherwise tamper with fire hydrants or to trespass upon the property
of the city and interfere in any manner with the operation of the
water utility or alter the position of any valve or appliance
regulating the flow of water in any public pipeline.
§112-15. Interruption of service by utility.
City water may at any time be shut off from the street main due to
emergencies or for the purpose of making any connections or extensions
of the water mains or to perform any other work necessary to repair
and maintain the water utility. Notice will be given whenever
reasonably possible. The city is not liable for any damages that may
occur directly or indirectly on account of the city water being cut
off for any purpose.
§112-16. Authority to turn on water.
No person other that a duly authorized employee of the city shall
open or turn on any city water valve or curb stop regulating the flow
of water from the city water mains to any premises, lot, building or
house for any reason.
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§112-17. Service outside city limits.
Persons outside the city limits may apply for connection to the
water utility for use of surplus city water but accrue no vested
rights to city water service by virtue of a connection to the water
utility. Water utility service will be furnished outside the city
limits only if the procedures and conditions specified in Article VIII
of this chapter are satisfied. Users outside the city limits are
subject to all requirements and provisions of this article the same as
users inside the city limits, and no existing user outside the city
limits shall alter, change, enlarge or extend in any manner whatsoever
the use for which city water was taken as of the effective date of
this article or the date of issuance of an existing water service
permit, whichever is later, without obtaining a permit under this
article for the altered use and otherwise complying with the
provisions of this chapter.
§112-18. Fluoridation
The City Council is authorized to fluoridate the water supply
system of the City of Fort Collins. The Utility is directed to
fluoridate its water to the levels established by the Colorado State
Department of Health.
§112-19. Discontinuance of water service; administrative rules,
regulations, policies and procedures.
A. If any user of city water fails to pay the charges for water
when due, or fails to comply with this article or uses water
for purposes not authorized, the Utility may, without
obligation, discontinue water service until the water user has
paid the required charges or is in compliance with the code.
Violation of this article is a misdemeanor punishable upon
conviction as provided in §1-23 of this code.
B. The Director may promulgate such rules, regulations, policies
and procedures consistent with the provisions of this article
as he or she may deem necessary for the proper administration
of the water utility and the requirements of this article,
including the establishment of standard specifications for
construction of service lines and other technical
specifications. Such rules and regulations are effective upon
the approval by the Council by resolution. A user's failure
to abide by all effective rules, regulations, policies and
procedures promulgated by the Director is the same as a
violation of this article.
§112-20. Reserved.
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Division 2. Service applications, permit requirements.
§112-21 . Unlawful to connect without permit.
It is unlawful for any person to make any connection to any water
main or pipeline belonging to the water utility unless a water service
permit has been obtained pursuant to and in accordance with this
article. It is also unlawful to make any connections to any privately
owned water mains or private service lines which are connected to the
water utility, or to alter or replace any presently existing private
main with pipe larger than that in use on the effective date of this
article, without having first obtained a water service permit from the
Utility. Activities which require a permit include but are not
limited to original connection within or without the city limits for
normal municipal uses, reduction, enlargement or relocation of an
existing tap for normal municipal uses, resuming water service after
an existing tap has been deemed abandoned, and altering in any way an
existing tap for water service outside city limits.
§112-22. Contents of application.
Any person desiring to make a connection to the water utility or
to use city water shall apply in writing to the Utility for a water
service permit prior to excavating, laying, altering, repairing or
connecting any service line. The application shall set forth:
(a) The name, address and phone number of the owner of the
premises to be served;
(b) The name, address and phone number of the applicant if the
applicant is a contractor or agent and not the owner;
(c) A legal description of the premises to be served or
designation of the lot, block and subdivision and common
street address;
(d) The size of the tap;
(e) The purpose for which the water is to be used; and
(f) Any other information which the Director may deem necessary.
If any work requiring a permit is commenced without a permit first
having been obtained, the Director may immediately issue a stop-work
order until the proper permit is obtained, and the offender shall pay
any additional penalties established and determined by the Director.
No building permit may be issued until all Utility application
requirements have been met.
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§112-23. Conditions for granting permits.
A permit will be granted if all of the following conditions are
met:
(a) The application is complete and the connection will in all
respects conform to the requirements of this article;
(b) Any main to which the connection will be made has been
completed and accepted by the city;
(c) The new or additional use of water will not adversely impact
water users within the city limits and the applicant has
satisfied all raw water requirements imposed by this article;
(d) On the basis of the best information available at the time,
there will be no cross-connections existing on the premises
without an appropriate protective device satisfying the
requirements of all applicable laws and regulations of the
City and the State Department of Health; and
(e) All required fees and charges have been paid, or will be paid
at the time of issuance of the corresponding building permit.
No permit issued under this article is valid until all fees
and charges required to be paid in advance have been paid in
full .
The permit shall contain all of the information requested in the
permit application as well as the fees, charges and assessments paid
for the permit and any conditions imposed. It shall be signed and
dated by the person or persons authorized by the Director to issue
water service permits and by the applicant.
§112-24. Revocation of permit; contractor responsibilities.
A. All connections authorized by the permit shall be made
strictly in accordance with the terms and conditions of the
permit and the requirements of this article. The Director may
at any time revoke a permit because of defective work which
has not been corrected promptly after the giving or written
notice or because of failure to complete the work within the
time limit specified in the permit.
B. The owner's contractor or plumber shall be responsible for any
and all work done pursuant to the permit, regardless of
whether the work is actually done by the contractor or by an
authorized representative of the contractor. No further water
service permits will be issued to any contractor or plumber
who fails to promptly and satisfactorily remedy defective work
after having been notified to do so by the Director. No
contractor or plumber shall use or allow his or her
right-of-way license to be used in any way for the purpose of
procuring a permit for work to be done by any person other
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than such licensee or an authorized representative of such
licensee.
§112-25. Turning-on water to existing connection.
Except where a service line has been deemed abandoned or the owner
is violating this article, the owner of premises served by an existing
connection to the water utility may have water service resumed after
it has been turned off by notifying the Utility and paying the
required turn-on fee, together with any delinquent charges which are a
lien against the property. The owner is liable for all bills for
water furnished to the premises after the date of request for
resumption of service.
§112-26. Abandonment of service lines.
A. In the case where a property owner desires to permanently
disconnect premises from the water utility or to abandon the
existing service line, the corporation stop for the service
line shall be permanently shut off at the main at the owner's
expense. The excavation and disconnection work may be done
only after a plan review by the city and the payment of an
inspection fee. The city may require the owner to remove the
service line and all appurtenances. The Utility will not
resume water service to the premises through a replacement
line until the abandoned service line has been permanently
disconnected.
B. If the Director receives notice from the Building Inspector or
the Health Department that a structure has been condemned as
not habitable or unsanitary and dangerous to human life, city
water service shall be shut off at once and monthly charges
will cease. The water service line shall be deemed abandoned
and permanent disconnection may be required at the owner's
expense.
§§112-27 - 112-30. Reserved.
Division 3. Distribution system.
§112-31. Construction of water mains.
Specific provisions pertaining to the extension of water mains in
the course of private development and public system improvements are
set forth in Article IV of this chapter.
§112-32. Individual service lines for each building required.
Each property shall be served by its own service line, and 'no
connection with the water utility shall be made by extending the
service line from one property to another property. Each building
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shall be served by a separate service line; however, the Director may
require that a building be served by more than one (1) service line.
For purposes of this section, the term "building" means a structure
standing alone, excluding fences and covered walkways. A separate
accessory structure is a separate building. To qualify as one
building, all portions, additions, or extensions must be connected by
an attachment that is an enclosed part of the building and usable by
the occupants.
§112-33. Installation and maintenance of service lines: user
responsibilities.
A. Installation. All costs and expenses incidental to the
installation and connection of a water service line shall be
borne by the applicant for a water service permit who shall
retain or employ a licensed contractor or plumber to install a
service line. For the installation of that portion of the
service line within the public right-of-way or street, the
contractor or plumber shall also be licensed by the city under
Chapter 112A. The Utility may install the portion of the
service line from the main to the curbstop upon payment of a
tap charge by the applicant. The applicant is responsible for
restoring streets, sidewalks, parkways and other property
disturbed in the course of the work to acceptable city
standards after the connection is made.
B. Maintenance. The owner of any property connecting to the
water utility is responsible for the installation and
maintenance, at his or her own expense and risk, of the water
service line from the curbstop (or the property line, in the
absence of a curb stop) to the structure being served and all
other water pipes, machinery, and apparatus which may be
required for applying and utilizing city water on the
property. The owner shall keep the private service line in
good and safe condition, and at self expense shall keep all
pipes, fixtures and appliances on the property tight and in
good working order so as to prevent waste of water. The owner
is responsible for all leaks or damages on account of leaks
from the private service line and other apparatus within the
property served.
C. Liability. The city is not responsible for any loss or damage
caused by negligence or want of care on the part of the owner
or the contractor or agent in installing, maintaining, using,
or operating private service lines and private water pipes,
apparatus, appliances, or fixtures. The owner shall hold the
city harmless from any loss or damage that may be directly or
indirectly be occasioned by the installation or malfunction of
any private service line or apparatus. The owner is
responsible for the costs of repairing or replacing adjacent
sidewalks, curbs and gutters damaged by the settling of
service line trenches within such owner's property.
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D. Permission required. No alteration of, addition to, or
disconnection from any waterpipes or apparatus of the city
water system shall be made without prior written permission of
the Director.
E. Compliance. It is unlawful for any person connected to the
water utility to permit any other person to take or use water
from such person's water service for use on property not
connected to the water utility, except by the prior written
consent of the Director. Irrigation taps on service lines
between the main and water meters are prohibited.
§112-34. Maintenance responsibility of utility.
The Utility shall maintain all public water facilities and mains,
public service lines, fire hydrants, other public system appurtenances
and water meters. However, if the portion of the service line in use
between the water main and the curbstop is made of materials other
than copper or ductile iron, then the entire service line will be
deemed to be a private main of the premises served by the line and the
city will not be responsible for any part of its maintenance until
such time as the line is replaced with conforming materials pursuant
to §112-35A and any regulations promulgated thereunder.
§112-35. Water service lines; general regulations.
A. Materials. The public portion of all service lines shall be
of copper, ductile iron or other suitable material as
determined by the Director. In the case of an external meter
near the curbstop, that portion of the service line from the
curbstop and within and through the meter pit shall also be of
the same material . The private service line shall be
constructed of materials approved in the city's plumbing code.
In the case where the service line between the water main and
the premises has been deemed a private main because it is made
of materials other than ductile iron or copper, it shall be
replaced by copper or ductile iron lines at the expense of the
user when, in the opinion of the Director, such line has
become so disintegrated as to be unfit for further use. Once
such a line has been replaced with the required materials, it
becomes part of the water utility and the Utility will assume
the maintenance of the service line between the water main and
the curb stop the same as for any public service line.
B. Size. The entire length of the water service line, whether
public or private, shall be of sufficient size to furnish an
adequate flow of water to meet the requirements of the
building at peak demand, and in no case shall be less than
three-fourths (3/4) inch in diameter. The size of corporation
cocks, meter settings, curb stops and service lines shall be
as specified by the Director, based on the rules for sizing
water systems in the city's plumbing code.
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C. Depth of service lines. All service lines shall be laid at
least fifty-four (54) inches below the established grade of
the street. When the main is of greater or lesser depth, the
service line shall be brought to the required depth as soon as
possible after leaving the tap.
D. Trenches. All excavation and backfilling for installing or
repairing service lines shall be made in conformity with this
code and any other ordinances or regulations of the city.
E. Meter settings. For all connections made to the water utility
there shall be installed in the service line a meter set,
regardless of whether the particular service requires a water
meter. The meter set shall be installed in accordance with
the rules, regulations, policies or procedures of the Utility,
and be readily accessible to Utility personnel , away from
trees and bushes and outside fences.
§112-36. Water meters: requirements and installation.
A. Water meters shall be required for the following services:
(1) All residential services to any premises containing more
than two (2) living units;
(2) All service to nonresidential premises;
(3) All services outside the corporate city limits.
A residential customer who is receiving unmetered water
service may have a meter installed upon written application to
the Utility and payment of any required fees or charges.
B. All water meters and setting devices shall be of a type, size
and design approved by the Director and furnished by the
Utility. Each meter shall be inspected and properly adjusted
by the Utility prior to installation . The owner is
responsible for installation of the meter settings but the
Utility shall install the meter, at the owner's expense.
C. The water meter is the property of the water utility. The
Utility shall maintain, test and repair all meters as
necessary. A meter may be inspected at any reasonable time by
the Utility.
§112-37. Meter interference; damages.
It is unlawful for any person to tamper or interfere with any
meter or meter seal or to so arrange his or her water service or
piping that the use of water will not actuate the meter. The cost of
repairing bypass damage and any other damage to the water meter caused
by the metered water user shall be borne by the user and added to and
considered a part of the charge for water service. The Utility will
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discontinue water service immediately to any user who violates the
provisions of this section until the user has paid for all water used
and all repairs to the meter. No person shall make any tap or install
any device or plumbing connection within the meter pit or set without
written permission from the Director.
§112-38. Fire lines.
The materials and size of a fire line shall be as required by the
design of the emergency fire sprinkler system in accordance with the
city's fire prevention code. The general regulations of this article
governing the installation, inspection and maintenance of service
lines shall also apply to fire lines, except that no meter set or
water meter need be installed. The owner is responsible for the
maintenance of the line from its control valve to the structure
served. No water service permit is required for a fire line but
installation of a fire line is subject to prior Utility approval of
plans. The Utility may install a fire line upon payment of a tap
charge by the user. Mylar reproducible "as built" plans, showing the
location of the fire line and bearing the registered civil engineer's
seal and number, shall be submitted to the Utility after completion of
installation and prior to the issuance of a certificate of occupancy.
Installation of a backflow prevention device in the fire line may be
required in accordance with the cross-connection control provisions of
this code.
§§112-39 - 112-40. Reserved.
Division 4. Rates and Charges.
§112-41. Permissible fees and charges.
The utility may adopt fees and charges which may include, but need
not be limited to, the following:
(a) Fees for turning water on or off at the curbstop;
(b) Fees for permit applications;
(c) Fees for connection, repairs and disconnection of service
lines;
(d) Fees for inspections, surveys, development and expansion;
(e) Standby fees;
(f) Plant investment fees;
(g) Water pumping station surcharges; and
(h) Other fees and charges as the Utility deems necessary to
cover costs of inspections, testing, maintenance and
operations required by this article.
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§112-42. Turn on/off fee.
The charge for turning the water service to a premises on or off
at the curbstop shall be as prescribed in Schedule D of this article.
§112-43. Determination of user rates.
A. The City Manager shall analyze the operating and financial
records of the Utility for the previous calendar year and
recommend to the City Council not later than September 1 of
each year user rates or adjustments to be in effect from
January 1 to December 31 of the following year. The
recommendation shall be based on the actual cost of providing
city water to users connected to the water utility including
the treatment, distribution, administration, billing, and
capital improvement costs, and on such considerations as the
number of users and the estimated water demand for a typical
user within a rate category.
B. The rate categories for water users and the basis for
determination of monthly charges for each category are as
follows:
(1) Unmetered water use. A flat rate shall be charged on a
monthly basis for the residential use of city water when
the use is not metered. The rate to be charged each flat
rate user may have two components: a charge based on the
number of dwelling units and a charge based on the area
of the lot being served. The amount billed is the sum of
the two components subject to a minimum monthly charge
per dwelling unit.
(2) Metered water use. Charges for metered water service
consist of a monthly service charge, which varies with
the number of dwelling units for residential customers
and the size of the meter for non-residential customers,
and a quantity charge per thousand gallons of water use.
For those customers served by more than one meter, the
appropriate service charge shall be applied to each
meter. Monthly service charges shall be billed to each
meter in use regardless of whether any quantity charge is
made.
(3) Users outside the city limits. The monthly rate for
water taken through a meter by a user outside of the city
limits shall be one and one-half (1 1/2) times the
applicable rate for the equivalent metered service within
the city.
(4) Temporary construction rate. After a water service
connection permit has been issued for premises under
construction, the permittee will be billed at the
construction rate from the date the permit is validated
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until the date on which the building department certifies
the structure(s) for occupancy. The construction rate is
one-half (112) of the applicable flat rate or minimum
metered-rate charge for the size of the metered tap,
unless the water delivered through a meter for any
billing period is in excess of the allotment for the
minimum charge, in which case the normal meter rate will
apply for that billing period.
C. Upon approval by the Council , the rates and parameters
determined for each user category shall be set forth in the
schedules prescribed in §112-70 of this Article.
§112-44. Charges in event of meter failure.
If any meter should fail to properly register a customer's water
use in any billing period, the user shall be charged according to the
average quantity of water used by such customer in a similar period as
shown by the meter when in order. In the case of a discrepancy
between the readings at the remote readout and the head of the meter,
the amount of water registered at the head of the meter governs.
§112-45. Water plant investment fees.
A. Any applicant desiring to connect to the water utility shall
pay the Utility a water plant investment fee (WPIF) pursuant
to the schedule of fees prescribed by Schedule C of this
Article in addition to any other connection fees prescribed
herein. Except when arrangements for time payment are made
pursuant to policy established by the Council , this fee shall
be paid in full at the time the water service connection
permit is issued. If there is an increase in plant investment
fee rates between the time of application for a water service
permit and the actual payment of fees, the fee rates in effect
at the time of payment shall apply.
B. The water plant investment fee shall be based on and used for
growth-related capital expansion costs of water supply,
storage, transmission, treatment, and distribution facilities
and related factors. The fee shall vary with the number of
dwelling units and the lot area served for residential users
and with the size of the water meter for nonresidential users.
The parameters and rates shall be approved by City Council the
same as other utility charges and reviewed annually for
adjustments.
C. No user of city water shall make any changes or additions to
the property served that would significantly affect the nature
or quantity of the use of water without first obtaining a new
water service permit from the Utility and paying the WPIF
based on the new use. Such changes include without limitation
the resumption of service by replacement of an abandoned
service line, an increase in the size of the water tap, an
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increase in the number of dwelling units or the lot area to be
served and a change from residential to nonresidential use.
D. In the case where an existing service is being changed or
replaced, the Utility will credit the user an amount equal to
the WPIF that would have been charged for the service before
the change or addition, but if the credit so determined is
less than the amount previously paid for a WPIF, the amount
actually paid shall be allowed as the credit. No cash refund
shall be paid to any water user whose allowable credit exceeds
the new WPIF, nor to any water user who obtains permission to
decrease demand for service. If the existing service tap is
less that three-fourths (3/4) inch in diameter, the customer
is credited for a three-fourths inch tap. The credits
prescribed by this subsection are not transferable; they apply
only to the property served by the existing water service line
and only to water plant investment fees owed to the Utility
and not to other utility fees or charges.
§112-46. Reimbursement assessments.
A. Any applicant desiring to take and use city water for the
first time on premises subject to a developer's reimbursement
agreement with the city shall pay any front footage charges
and adjustments assessed to the property on account of the
developer's extension of the city main adjacent to the
premises, if the applicant's service line will be connected
directly, and not through an ancillary distribution line, to
such main and the applicant did not participate in the
original cost of such extension. This fee shall be paid at
the time the water service permit is issued in addition to all
other connection charges. The applicant may not avoid payment
of this charge by requesting connection to another main if the
proposed service line is, in the opinion of the Director, best
capable of being connected to the main which is the subject of
the reimbursement agreement.
B. Except in the case of improvement districts organized pursuant
to Chapters 15 and 16 of this code, when the Utility extends a
water main as a system improvement at city expense, the
Utility may require adjacent property owners to pay their
share of the cost of the main before connecting to the main.
The amount of the charge shall be based upon the length of the
applicant's property fronting upon the water main or some
other basis established or approved by the City Council and
upon the original construction costs of the water lines
including costs for engineering and project administration,
materials and labor, and right-of-way acquisitions. If the
Utility installs a main larger than that required to serve the
water demands of the adjacent properties, the Utility is
responsible for the extra costs and the adjacent owners shall
not share in the portion of the cost attributable to the
oversizing. The method of assessment shall be established at
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the time the installation of the main is authorized, and the
payment of the assessment shall be collected at the time the
water service permit is issued. This assessment is in
addition to any water plant investment fees.
C. If water mains are installed through an improvement district,
the city may pay the cost attributable to any property which
cannot be assessed its full share of the cost of the mains
because of the limitation based on value of property provided
in §16-20 of this code. The owner of such property who
subsequently applies for connection to the water utility shall
reimburse the city at the time of issuance of a water service
permit for the balance of his or her property's assessment
paid by the city.
§112-47. Tap charge.
Where there is an existing main, the Utility may install a fire
line or the public service line for a water service permit applicant.
The Utility will impose a charge to cover its costs incurred in making
the tap, including all labor, material and equipment costs, as well as
an administrative charge for processing. This tap charge will be
billed to the permittee after the work is completed.
§112-48. Surcharge for pumping stations.
Water users connected to lines served by a water pumping station
may be subject to a monthly surcharge to cover the cost of operating
and maintaining the pumping station for their benefit.
§112-49. Water from fire hydrants.
A person requiring the use of bulk water from a fire hydrant may
apply to the Utility for a fire hydrant meter and pay the following
charges:
(1) The fees established for installation and removal of the
meter;
(2) Rental for the meter and fitting;
(3) The current water rate per metered thousand gallons.
The amount of the charges shall be as prescribed in Schedule D of this
article. The fire hydrant water user may be required to pay a deposit
in the amount of the charges for estimated water use. Such user shall
also pay the cost of repair if the fire hydrant or the meter and
connection is damaged.
§112-50. Collection of unpaid charges.
If any person fails or refuses to pay when due any fee or charge
imposed under this Article, the Director of Finance may collect the
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unpaid amounts in accordance with any remedies permitted by this code
and any regulations promulgated thereunder.
§112-51 - 112-55. Reserved.
Division S. Water Rights.
§112-56. Reservation of rights by city.
The city relinquishes no water or water right by permitting the
use of water under the provisions of this article and reserves the
full right to determine all matters in connection with the control and
use of city water.
§112-57. Grant of water rights required.
A. All owners of premises requesting original water service from
the city shall , before being granted a water service permit,
satisfy the assessed raw water requirement (RWR) as determined
below without cost to the city. The raw water requirements
are as follows:
(1) Residential service.
(a) Residential service shall include single-family,
duplex, multifamily and mobile home dwelling units.
(b) Formula.
RWR - 1.6 X [ ( .18 x Number of Dwelling Units)
+ (1.2 x Net Acres) ]
Where
RWR = Raw water requirement in acre feet.
Net Acres - Area of development in acres, excluding
public street rights -of-way, city
maintained tracts and rights-of-way,
ditches , railways or other areas
typically maintained by persons other
than the owner of the premises or an
agent of the owner.
(c) In the event an applicant applying for a residential
water service permit, has, prior to March 1, 1984,
surrendered water rights or otherwise satisfied the
requirements of the city under an earlier water
development program, then the RWR for that property
will be considered satisfied under this section.
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(2) Nonresidential service.
(a) Nonresidential service shall apply to all services
not included in the residential category and shall
include, without limitation, all commercial ,
industrial , public entity, group-housing (such as
nursing homes, fraternities, hotels and motels) and
mixed-use customers.
(b) The minimum RWR for water taps up to three and zero
tenths (3.0) inches in diameter are as follows:
Tap Size RWR
(inches) (acre-feet)
3/4 .75
1.0 2.50
1.5 5.00
2.0 8.00
3.0 12.00
(c) The RWR for customers requiring a tap larger than
three and zero tenths (3.0) inches shall be based on
the applicant's estimate of actual use, provided
that such estimate is first approved and accepted by
the Director.
(d) Upon application for a water service permit after
March 1 , 1984, each applicant who is a
nonresidential user is assigned an annual allotment
of water equal to the greater of the RWR as
determined pursuant to this section or any RWR
previously satisfied. When a user uses more water
(as determined by monthly billing records) in a
given calendar year than the annual allotment, a raw
water surcharge in the amount prescribed in Schedule
D of this article will be assessed on the volume of
water used in excess of the annual allotment.
(e) In the event an applicant applying for a
nonresidential water service permit, has, prior to
March 1, 1984, surrendered water rights or otherwise
satisfied the requirements of the city under an
earlier water development program, then the minimum
RWR for that property will be considered satisfied
under this section. However, such nonresidential
user will be subject to the raw water surcharge when
the annual allotment is exceeded.
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(f) A nonresidential user may submit more water rights,
city certificates or cash than the minimum required;
and such submission raises the user's annual
allotment in a like amount.
B. The RWR imposed pursuant to this section may be satisfied by
one (1) or more of the following methods:
(1) Water rights acceptable to the city may be transferred to
the city. The Water Board determines which water rights
are acceptable to the city and determines the appropriate
conversion factors to be used in determining the yield
from each of the acceptable sources. The determinations
of the Water Board are final and conclusive.
(2) Water certificates issued by the city may be submitted in
satisfaction of the RWR. The value of each certificate
shall be as stated on the face of the certificate.
(3) A cash payment in the amount prescribed in Schedule D of
this article for each acre-foot of RWR may be made to the
city.
C. The satisfaction of the minimum RWR shall be made no later
than the time of issuance of the water service permit. An
owner of water rights or city certificates may submit
acceptable water rights and/or city certificates to the city
whether or not an application for a water service permit is
pending and be credited accordingly for raw water value. Such
credit may then be used to satisfy, in whole or in part,
assessed RWR on subsequent application for a water service
permit. Upon request, the city will convert such credit into
a city water certificate in any desired amount not to exceed
the amount of credit being carried by the city and issue such
certificate to the owner. Once the credits have been
designated to a particular premises in satisfaction of the RWR
for water service they shall not be transferred to another
property.
D. In no case shall the fact that a portion of a property was
previously served with city water excuse the furnishing of
water rights when new water service is requested for other
portions of the same property. In the event that a water user
is required to apply for an additional water service permit
under the provisions of this article for premises already
connected to the water utility, the user shall also be
required to satisfy any increase in the assessment of RWR that
results from the change in use or status, prior to the
issuance of the new permit.
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§112-58 - 112-60. Reserved.
Division 6. Water conservation; restrictions on use of water.
§112-61 . Prohibition of waste; sprinkling restrictions.
A. Waste. It is unlawful to waste city water in any manner. No
person shall permit city water to flow, run or be discharged
in the streets or sidewalks of the city in a wasteful manner,
or flood any part of the premises of another. City water
shall not be used for irrigation or sprinkling, except for
watering lawns, ornamental trees, shrubs, vines, flowers and
domestic gardens. Lawn sprinkling systems shall be properly
designed, installed, maintained, and operated to prevent
wastage of water.
B. Sprinkling restrictions. Except in the case of a programmed
automatic sprinkler system, city water shall not be used for
sprinkling or watering any yard, grounds, premises or
vegetation between the hours of 12:00 midnight and 4:00 a.m.
Sprinklers or hose nozzles shall not be placed and set so as
to interfere with traffic on sidewalks. Upon recommendation
of the Water Board, the use of city water for sprinkling
purposes may be further restricted or prohibited by order of
the City Council . The sprinkling restrictions or prohibitions
so prescribed shall be effective upon publication of notice of
the City Council 's order once in a daily newspaper published
in the city.
§112-62. Water rationing; emergency restrictions
A. Drought or water shortage. In the event of drought or water
shortage, the City Council may place restrictions on all uses
of city water, and even prohibit , if necessary, all
nondomestic uses of city water, if the Water Board so
recommends. The Council 's order prescribing use restrictions
shall be effective upon publication once in a daily newspaper
published in the city, and shall continue in full force and
effect until the City Council finds the water shortage has
ended.
B. Emergencies. In the event of a major fire or any other
emergency that requires the immediate curtailment of the use
of city water, the City Manager is authorized to order any
restrictions on use of city water as he or she deems necessary
for the protection of the public.
§§112-63 - 112-65. Reserved.
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Division 7. Cross-connection control ; appeals.
§112-66. Cross-connection control .
A. Cross-connections prohibited. It is unlawful for any person
to have a connection between a private line carrying well
water and a line carrying city water, or to make, install ,
maintain, or permit to exist any other cross-connection
between the city's or user's potable water system and any
pipe, plumbing fixture, tank, receptacle, equipment or other
appurtenance on the user's premises, unless it is protected
with a backflow prevention device approved by the city.
B. No water service connection to any premises shall be installed
or maintained by the Utility unless the potable water supply
is protected as required by State laws and regulations and
this code. The Director shall discontinue utility water
service to any premises if he or she finds that an unprotected
cross-connection exists on the premises or that a backflow
prevention device required under this section has not been
installed and tested or that the required backflow prevention
device has been removed, bypassed, improperly maintained or
improperly tested. Service shall not be restored until such
conditions or defects are corrected to the satisfaction of the
Director.
C. The extent of cross-connection control and the type of
backflow prevention device to be required shall depend upon
the degree of hazard presented by the cross-connection(s) on
the premises. When backflow prevention devices are required
they shall be installed at the service connection or location
designated by the Director. The device shall be located so as
to be readily accessible for in-line maintenance and testing
and where no part of the device will be submerged.
D. A user of city water is responsible for preventing pollutants
and contaminants from entering the user's potable water system
and the city's water system. A user's responsibility starts
at the point of delivery of city water to his or her private
service line and includes all of such user's water systems.
At self expense, a user shall install , operate, test and
maintain backflow prevention devices as directed by the city
or the state, and keep accurate records of tests and repairs
made to such devices in accordance with the provisions of this
section and any derivative rules, regulations, policies and
procedures.
E. The City Manager is authorized and directed to conduct surveys
as to the extent of cross-connection problems and establish a
program to control and eliminate cross-connection hazards.
The Manager shall promulgate such rules, regulations, policies
and procedures as are consistent with the provisions of this
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section and necessary to implement and administer the
cross-connection control program.
§112-67. Administrative appeal procedure.
Any permit applicant, permit holder or other water user affected
by any decision, action or determination made by the Utility in
interpreting or implementing the provisions of this article or any
programs developed under this article may file and obtain an appeal in
accordance with the procedures set forth in §112-146.
§§112-68 - 112-69. Reserved.
§112-70. Schedules.
A. Schedule A. Flat Rates for Unmetered Water Use.
(1) When the use of city water is not metered, the monthly
rate to be charged for each flat rate water service shall
be the sum of the total charge for number of dwelling
units (A) plus the adjusted lot charge (B plus C, or B
minus D) :
A. For each dwelling unit: nine dollars and seventy-six
cents ($9.76) .
B. Base lot rate. For each lot having an area between
six thousand (6,000) and nine thousand (9,000) square
feet: eight dollars and thirty-nine cents ($8.39) .
C. For each lot having an area greater than nine
thousand (9,000) square feet: add to the base lot
rate sixteen cents ($0.16) per one hundred (100)
square feet of lot area exceeding nine thousand
(9,000) square feet.
D. For each lot having an area less than six thousand
(6,000) square feet: deduct from the base lot rate
sixteen cents ($0.16) per one hundred (100) square
feet of lot area under less than six thousand (6,000)
square feet.
However, no flat rate user shall be charged less than the
monthly minimum charge, which shall be eleven dollars and
thirty-four cents ($11.34) per dwelling unit.
(2) Construction rate: five dollars and sixty-seven cents
($5.67) per dwelling unit.
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• B. Schedule B. Meter rates.
(1) Minimum Charge. The monthly minimum charge for all
metered users inside the city limits shall be as follows:
(a) Residential customers: nine dollars and seventy-six
cents ($9.76) for the first dwelling unit and five
dollars and eighty-eight cents ($5.88) for each
additional dwelling unit.
(b) Nonresidential customers:
Meter Size Monthly
(inches) Minimum Charges
3/4 $ 9.76
1 16.35
1 1/2 32.74
2 52.48
3 98.45
4 164.02
6 327.97
8 524.77
(C) Construction rate: for residential premises, four
dollars and eighty-eight cents ($4.88) for the first
dwelling unit and two dollars and ninety-four cents
($2.94) for each additional dwelling unit. For
nonresidential premises, one-half of the applicable
minimum charge for the meter size.
(2) Quantity charge. The minimum charge determined pursuant
to paragraph A above will entitle any nonresidential user
to two thousand (2,000) gallons of water per month
without additional charge and will entitle any
residential customer to two thousand (2,000) gallons of
water per dwelling unit per month. All water taken
through the meter after the volume allowance for the
minimum charge shall be billed at the rate of eighty-one
cents ($0.81) per one thousand (1,000) gallons.
(3) Service outside the city. The monthly charge for water
taken through a meter by a user outside the city limits
shall be one and one-half (1 1/2) times the charge which
would be made for the equivalent service inside the city
limits. When two (2) or more taps are served from one
(1) master meter, the monthly charge for the city water
passed through the master meter shall be computed as
follows: the average volume of water used per tap is
determined by dividing the amount of water metered
through the master meter by the number of taps. The
charge for each tap is then determined by applying to the
average volume of water used per tap the rate applicable
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. to each tap for like service inside the city limits. The
amount to be billed to the master meter user is the sum
of the charges for each tap times one and one-half.
C. Schedule C. Water Plant Investment Fees.
The water plant investment fee prescribed in §112-45 of this
article shall be payable by users both inside and outside of the city,
whether metered or flat rate, as follows:
(1) Single family and two-family residential buildings
without commonly owned areas : for the first
three-fourths-inch water tap, a fee of three hundred
dollars ($300) for a single-family residence and six
hundred dollars ($600) for a two-family residence, plus
twenty-two cents ($0.22) for each square foot of lot
area. For each additional tap to serve the premises, or
for taps larger than three-fourths- inch , the
nonresidential rate shall apply.
(2) Separately owned single-family residential buildings in
developments with commonly owned areas: For each
residential building, a base fee of one thousand six
hundred dollars ($1,600) . For buildings on separately
owned lots greater than four thousand (4,000) square feet
in area, a fee of twenty-two cents ($0.22) per additional
square foot will be added. The fee will provide for one
(1) tap per residential building and an adequate number
of additional taps to serve common irrigable areas.
Approval of the number and size of taps shall be granted
pursuant to city policy.
(3) Residential buildings of two (2) or more dwelling units
in developments with commonly owned areas, mobile home
parks and all residential buildings of three (3) or more
dwellings units: For each residential building or for a
mobile home park, a base fee of one thousand six hundred
dollars ($1,600), plus four hundred dollars ($400) for
each dwelling unit in the building or mobile home park. .
The fee will provide for one (1) tap per residential
building, or one tap for the mobile home park, and an
adequate number of additional taps to serve common
irrigable areas, if any. Approval of the number and size
of taps shall be granted pursuant to city policy.
(4) Hotels, rooming houses, sororities, fraternities, and
similar uses. The nonresidential rate shall apply.
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(5) Nonresidential service.
(a) Service to all nonresidential taps, including but
not limited to taps for commercial and industrial
service, shall be charged according to the size of
the tap at the water main (exclusive of demand for
fire protection) pursuant to the following schedule:
Tap Size Nonresidential
(inches) Plant Investment Fee
3/4 $ 2,000.00
1 5,000.00
1 1/2 10,000.00
2 16,000.00
3 30,000.00
4 50,000.00
(b) The fee for all taps larger than four (4) inches
shall be negotiated with the Director.
D. Schedule D. Miscellaneous Fees and Charges.
(1) Water turn on/off fee:
For water turn-on during normal business hours. . . . $ 7.50
For water shut-off during normal business hours. . . $ 7.50
For water turn-on or shut-off not during normal
business hours of Utility. . . . . . . . . . . . . . . . . . . . . . . . . $11.25
(2) Fire hydrant fees and charges:
For installation of meter. . . . . . . . . . . . . . . . . . . . . . . . . $ 7.50
Forremoval of meter. . . . . . . . . . . . . . . . . . $ 7.50
For daily rental for meter and fittings. . . $ 5.00
For water service, rate per one thousand (1,000)
gallonswater used . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.81
A deposit will be required in the amount of the
charges for the anticipated water usage and rental .
(3) Raw water requirements:
To satisfy raw water requirements with in-lieu
cash payments, rate per acre-foot of RWR. . . . . . . $1,000.00
Surcharge for water used in excess of
applicable annual allotment, rate per
one thousand (1,000) gallons . . . . . . . . . . . . . . . . . . $ 0.49
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Annual water allotment without surcharge, based on
the minimum RWR:
Tap Size Annual Allotment
(Inches) (Gallons/Year)
3/4 244,390
1 814,630
1 1/2 1,629,260
2 2,606,810
3 3,910,210
Above 3" 325,852 gallons
per acre foot RWR
(4) Tap and repair charges:
Materials and labor provided by Utility. . . . cost plus 15%
Section 2. That Chapter 86, "Plumbing," adopting the 1979 Edition of
the "Uniform Plumbing Code, " is hereby amended to establish compaction
standards for the backfilling of trenches excavated in the course of
installing water and sewer lines on private and/or public property as
follows:
§86-2. Amendments to code.
* * * E. Section 317, Trenching, Excavation and Backfill .
(d) All excavations shall be completely backfilled as soon
after inspection as practicable. Backfill being placed
in any trench shall be compacted in layers not exceeding
six (6) inches in compacted thickness and to a maximum
density of ninety-five percent (95%) at plus or minus two
percent (2%) of optimum moisture content of standard
proctor density as determined by ASTM D698. Adequate
precautions shall be taken to insure proper compactness
of backfill around piping without damage to such piping.
Backfill shall consist of clean earth which shall not
contain stones, boulders, cinder fill or other materials
which would damage or break the piping or cause corrosive
action. After the backfill has been compacted in layers
as prescribed above to twelve (12) inches above the top
of the piping, mechanical devices may then be used to
complete the backfill to grade.
Section 3. That all ordinances and parts of ordinances in conflict
with this ordinance and particularly, §112-125 of the Code of the City of
Fort Collins, as amended, are also hereby repealed.
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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 Novembe A.D. 1986.
Mayor i� - "
IL
ATTEST:
1A
City Clerk
1986. Passed and adopted on final
p reading this 4th day of November, A.D.
Mayor
ATTEST:
City Clerk
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