HomeMy WebLinkAbout135 - 09/02/1997 - AMENDING THE CITY CODE CONCERNING THE MANDATORY INSTALLATION OF WATER METERS FOR RESIDENTIAL WATER S ORDINANCE NO. 135, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CITY CODE CONCERNING THE
MANDATORY INSTALLATION OF WATER METERS FOR RESIDENTIAL
WATER SERVICES
WHEREAS,in 1990,the Colorado General Assembly adopted the Water Metering Act("the
Act"); and
WHEREAS, the Act establishes for the Fort Collins Water Utility, as well as for all other
"water service suppliers"in the State,a schedule by which water meters must be installed for all of
the City's water users; and
WHEREAS, the Act requires the Water Utility to install water meters by January 1, 2000,
for one-half of all the unmetered taps that existed in the City as of July 1, 1990, and with respect to
those water services still unmetered on December 31, 2000,the Act requires that another one-half
of those water meters be installed by January 1,2005,and with respect to those taps still unmetered
on January 1, 2005,the Act requires that they all be metered by January 1, 2009; and
WHEREAS, on November 20, 1990, the City Council adopted Resolution 90-147 setting
forth the City Council's policies and procedures for complying with the Act; and
WHEREAS, as part of those policies and procedures, Resolution 90-147 established a
program for the voluntary installation of water meters for those residential water services unmetered
in the City as of July 1, 1990; and
WHEREAS,the Council also established in Resolution 90-147 the goal and policy of having
all unmetered residential water services in the City metered by December 31, 2005; and
WHEREAS,the Council has determined that the unmetered residential water services that
existed in the City as of July 1, 1990 will not all be metered by December 31,2005,considering the
rate of installation under the City's current voluntary program; and
WHEREAS,the Council has therefore determined that in order to comply with the provisions
of the Act and in order to satisfy the Council's goal of having all residential water services in the
City metered by December 31, 2005,as previously established in Resolution 90-147, it is necessary
to adopt a mandatory metering program for all existing residential water services in the City that are
currently unmetered.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That Section 26-98 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-98. Water meter requirements and installation.
(a) Water meters shall be required for the following services:
(1) All water services to residential users connected to the utility pursuant
to a water services permit issued on or after July 1, 1990;
(2) All water services to nonresidential users; and
(3) All water services to residential and nonresidential users outside the
corporate city limits.
(b) Water meters shall also be required for water services to residential users
connected to the utility prior to July 1, 1990, as provided in paragraph (c) of this
Section.
(c) A residential user having water service connected to the utility prior to July
1, 1990,that does not have an installed water meter shall allow the utility to install
a water meter for such user's residential water service on or before the date set by the
Director as provided in this paragraph. The Director shall establish for each affected
residential unit, in accordance with the criteria in paragraph (d) of this Section, a
date by which such unit must receive water services from the utility through an
installed water meter. The utility shall notify the residential user of this date by
sending by first class mail a written notice to the user at the address of the affected
residential unit. Such notice must be mailed to the residential user at least fourteen
(14)days prior to the date stated in the notice by the Director as the date by which the
water meter must be installed. Upon receiving such notice,the residential user shall
follow the instructions in the notice by calling the utility to schedule the installation
of the water meter by the required date. If the residential user fails to schedule or
allow the utility to install the water meter by the required date, the residential user
shall be deemed in violation of this Section and subject to the penalty provisions of
paragraph 0) of this Section.
(d) In setting the dates for the installation of water meters pursuant to paragraph
(c) of this Section,the Director shall be guided by the following criteria:
(1) Dates shall be set so as to satisfy the requirements of the Colorado
Water Metering Act(C.R.S. §37-97-101, et seq.), but irrespective of
the provisions of the Act, all residential water services connected to
the utility must be required to be metered on or before December 31,
2005.
(2) Dates for the installation of water meters shall be set for residential
units in the following order, meaning the earliest required dates for
installation shall be set for the first group of residential units listed
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below and progressing over time down the list to the last group of
residential units for which the latest such dates shall be set:
(i) Residential units located in the city west of Taft Hill Road;
(ii) Residential units located in the city east of Taft Hill Road and
west of Shields Street;
(iii) Residential units located in the city east of Shields Street and
west of College Avenue;
(iv) Residential units located in the city east of College Avenue
and west of Lemay Avenue; and
(v) Residential units located in the city east of Lemay Avenue.
(3) Dates shall be set so as to make reasonably effective and efficient use
of the city's resources available for the installation of water meters.
(e) A residential user that is receiving unmetered water service from the utility,
but is not yet required by this Section to have an installed water meter, may elect to
have a water meter installed by and at the expense of the utility upon application to
the utility for such installation. Any such election by a residential user to install a
water meter shall be permanent and the user may not elect in the future to return to
unmetered service.
(f) Unless the utility elects to install the water meter outside of the user's
residential unit, all water meters shall be installed inside the user's residential unit
at the expense of the utility. In addition, a water meter may be installed outside of
the residential unit at a user's request if the user first agrees in writing to pay to the
utility, after the installation, the difference between the utility's established cost to
install the water meter inside the residential unit and the utility's actual cost to install
the water meter outside of the residential unit.
(g) If, during the installation of a water meter outside of a user's residential or
nonresidential unit it is determined that the water service line does not conform to the
provisions of§ 26-97,the entire cost of repairing or replacing such water service line
shall be borne by the user.
(h) All water meters and setting devices shall be of a type, size and design
approved by the Director and furnished by the utility.
(i) 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.
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(j) It shall be unlawful for a user not to have an installed water meter when
required to have one pursuant to this Section. Each day that a user fails to have an
installed water meter when required to have one pursuant to this Section shall be
deemed a separate and distinct violation. Failure of a user to have an installed water
meter when required to have one pursuant to this Section shall also constitute a
violation that subjects the user to discontinuance of water service in accordance with
Section 26-51.
Introduced, considered favorably on first reading, and ordered ublished this 1 day of
August,A.D. 1997,and to be presented for final passage on the f Sept er, A. 1997.
yor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of Septem D. 1997.
Mayor
ATTEST:
City Clerk
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