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HomeMy WebLinkAbout017 - 04/08/1965 - RELATING TO THE SEWER UTILITY OF THE CITY; REPEALING SECTIONS 21-44 THROUGH 21-49 OF THE CITY CODE; ORDINANCE NO 19651? BEING AN ORDINANCE RELATING TO SEWER UTILITY OF THE CITY REPEALING SECTIONS 21 44THROUGH 21-IL9 INCLUSIVE OF THE CODE OF ORDINANCES OF THE rITY OF FORT COLLINS COLORADO 1958 AS AMENDED PROVIDING FOR THE OPERATION MAINTENANCE AND EXTENSION OF THE SEWER UTILITY THE REGULATIONS CONTROLL- ING CONNECTION TO SAID UTILITY AND THE USE OF SAID UTILITY THE RATES AND CHARGES TO BE PAID FOR SEWER SERVICE AND OTHER DETAILS RELATING THERETO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Definit_ons For the purpose of this ordinance the following words or phrases are defined as follows City - Shall mean the City of Fort Collins Colorado Director of Public Works - Shall mean said Director or his duly authorized representative Living Unit - A living unit shall be defined as the space occupied by one or more persons related by blood or marriage plus not more than two reamers Any roomers above two (2) and less than six (6) shall be defined as a second liv ng unit Sewer Service Line - The line running from the City sewer main to the structure or property to bp served Section 2 Composition of Sewer Utility 11 All sanitary sewers sewage treatment works, pumping stations equipment materials and supplies used by the City to collect and dispose of sewage from property in the City and property served by City sewers outside the City shall be known as the "sewer utility" Section 3 Records and Reports The Director of Public Works and the Director of Finance shall keep such records and prepare such reports concerning the sewer utility as the City Manager directs The City Manager shall keep the City Council advised of the operations financial conditions and future needs of the sewer utility and shall prepare and submit to the City Council, each month a report covering the activities of the sewer utility, including a statement of revenues and expenditures of the preceding month Section 4 Damage to property and equipment of sewer utility It shall be unlawful for any person to, in any way damage any property equipment or appliance constituting or being a part of the City sewer utility Section 5 Trespass, Interference, Deposit of Refuse, etc It shall be unlawful for any person to trespass upon the property of the City to tap any sewer mains or to make any connections therewith to deposit any type of refuse into manholes or in any manner to interfere with the City or the property equipment manholes piping or appliances of the City sewer system Section 6 Connections with sewer lines or sewer mains It shall be unlawful for any person to make any connection with or extend any sewer pipeline or sewer equipment or sewer main which forms a part of the sewer utility of the City except pursuant to and in accordance with the permit required by this ordinance Section 7 Permit required to connect to or open City sewers No person shall make any connection to uncover or open any City sewer without first obtaining a permit therefor from the Director of Public Works Section 8 Sewer permit--application Any person desiring to make any connection to the sewer utility or any enlargement of any sewer service line shall make written application to the Director of Public Works for a permit All such applications must contain a description of the property to be connected the kind and size of the service line and the kind of fixtures to be served Section 9 Permit--contents The permit shall state the name and address of the person making the connection or excavation the property to be served the location of the tap to the City sewer main and the size of the tap No permit shall be issued unless the fees prescribed by the City are tendered with the application for a permit -2- FA Section 10 City to Install and Inspect all sewer service lines The City shall install all sewer service lines from the sewer main to the property line of the property to be served, and all costs in connection therewith shall be paid by the property owner when the permit is issued No permit shall be granted until such charge is paid in full to the City Section 11 Sewer services on private property The sewer service line from the property line to the building or structure to be served shall be installed by the property owner at his expense Section 12 Types of permits--Plant Investment fees The following types of permits shall be issued for connecting to the City sewer utility 1 Permit to connect to the sewer main and to run a sewer service line from the sewer main to the property line of the property line to be served When installed, and until used the open ends of all sewer services shall be supplied with a tight fitting cap to prevent the escape of sewer gas and the infiltration of water The user shall not connect to such service until a permit has been obtained as provided in paragraph 3 below 2 Permit to connect to the sewer utility for the purpose of obtaining normal municipal sewage service that is for domestic, commercial or industrial uses At the time this permit is granted the plant investment fee or fees as prescribed in Sections 48 thru 51 of this ordinance shall be ` paid 3 Permit to run a sewer from the stubbed in service at the property line to the building or other structure served At the time this permit is granted the plant investment fee or fees as prescribed in Sections 48 thrU 51 of this ordinance shall be paid.. 4 Permit to connect a sewer service line to the sewer utility to serve property outside the city limits This permit shall be issued only with the express consent of the City Council and under such terms and conditions -3- as the Council by resolution may prescribe At the time this permit is granted, the plant investment fee or fees as prescribed in Sections 48 ?51of this ordinance shall be paid Section 13 Sewer Service line--size and construction generally The normal size of any sewer service line shall be not less than four inches nor more than six inches in diameter inside of the pipe and pipe shall be formed of good, hard and sound vitrified clay, or cast iron pipee with root resistant ,joints or such pipe and materials as may be approved by the Director of Public Works Large sewer service lines may be permitted upon recommendation of the Director of Public Works and approval by the City Council Service lines now in use made of materials other than vitrified clay or cast iron shall be replaced by vitrified clay or cast iron lines at the expense of the user when in the opinion of the Director of Public Works such lines have become so disintegrated as to be unfit for further use Once such lines have been replaced with vitrified clay or cast iron lines at the expense of the property owner, the City shall assume the maintenance of the service line between the sewer main and the property line The sewer service line from the street main to the sewer collection system of the building to be served shall be of sufficient size to serve the building or premises at peak loads and in no case less than 4" nominal diameter In case the sewer user desires to disconnect his premises, he shall not be permitted to take up that portion of the service line between the main and the property line but at his expense the sewer service from the property line to the premises shall be dug up cut and tightly capped and all of the service line from the main to such cap shall remain in the ground and remain the property of the City New services to replace existing services shall not be approved by the City until old service lines are dug up and properly capped Such cap shall be sufficiently tight to prevent the escaping of sewer gas or the infiltration of water -4- -Section 14 Sewer Service Linea--fall All sewer service lines shall be laid with a fall, or grade, so that velocities in the service lines, when flowing full will not be less than 2 feet per second Where sufficient total fall is available a minimum grade or fall of 1/4 inch per foot shall be used Section 15 Sewer Service Lines--depth All service lines shall be laid at least 3 feet, 6 inches below the established grade Section 16 Sewer Service Lines--Excavation, Backfillina All excavation and backfill in the street or alley shall be in conformity with this ordinance and other ordinances of the City Section 17 Sewer service lines to be kept free from foreign obiects The inside of every sewer service line connecting with the sewer utility must be left smooth and perfectly clean throughout its entire length and the ends of all lines not to be immediately used, must be securely guarded against the introduction of earth sand or other foreign material by bricks and cement or other water tight and impervious material Section 18 Connection with sewer utility--when required Each property shall be served by its own sewer service line, and no connection shall be made by extending the service from one property to another property All plumbing fixtures in any building or structure on any land adjoining, abutting or reasonably near any street or alley or other place through which there is a sewer of the sanitary sewer utility of the City shall be connected to the same by the owner of the property upon notice from the Director of Public Works of the City, which notice shall be served upon the owner of such property by registered mail to his last known address Section 19 Sewer connections--duty to make before paving Before any street or alley is paved, the owners of all property abutting thereon where a sanitary sewer is laid, shall cause to be made proper sewer connections with such sanitary sewer whether the immediate use thereof is required or not in accordance with the provisions of Section 15-81 of the Code -5- of Ordinances of the City of Fort Collins 1958 as amended Until used such connecting sewers shall be supplied with a proper cap or covering sufficient to prevent the escape of sewer gas, and the infiltration of water Section 20 Connection of sanitary sewer w_th storm drains, downspouts, steam exhausts, etc - prohibited It shall be unlawful to connect any storm water drains down= spouts, subsurface drainage systems or steam exhausts or blow off from a steam boiler to the sanitary sewer system Section 21 Certain materials not to be deposited in sewer It shall be unlawful to throw or deposit or cause or permit to be deposited in any vessel or receptacle connected with the sewer utility any petroleum products volatiles, acids highly alkaline solutions or any other matter whatsoever which shall be in any way injurious to the system or the treatment process at the treatment plant or which shall in any way cause undue maintenance of the system or the sewage plant Section 22 Blockage of sewer No person shall throw or deposit or cause or permit to be deposited in any vessel or receptacle connected with the sewer utility any rags trash, or similar improper material whatsoever which might cause a blockage in the sewer line The City shall not be responsible for any damage resulting from blockage of a sewer line because of the deposit of improper materials in the system Section 23 Sand and grease traps All filling stations, garages and similar places having wash or grease racks connected with the sewer utility shall be provided with a sand and grease trap of suitable size and construction to be determined by the Director of Public Works Section 24 Duty to maintain service lines and fixtures The owner of any property connecting to the City sewer utility shall be responsible for the maintenance of the sewer service line from the -6- property line to the structure to be served and shall keep this line in good condition and at his expense shall keep all pipes, fixtures and appliances on his property tight and in good working order Section 25 Sewer user must agree to the rules of the Sewer Utility No person may be served by the sewer utility unless he agrees to abide by all rules and regulations of the City pertaining to such service Section 26 Failure to comply with rules If any user fails to pay the charges for sewer service when due or fails to comply with the rules and regulations of the City regarding the sewer utility or uses this service for purposes not authorized the City may discontinue water service or disconnect the sewer service until the sewer user has paid the required charges or is in compliance Section 27 Size of sewer mains The size of the main to serve any part of the City shall be determined by the Director of Public Works No main less than 8 inches in diameter shall be placed in the sewer system Section 28 Sewer mains- payment of costs When sewer mains are extended the property owner benefited there- by as determined by the City shall pay all costs of said extension for mains 8 inches in diameter together with all manholes and appurtenances The City will participate in the cost of installing larger sized mains The extent of City participation shall be based on the following per- centages of the total cost of sewers greater than 8 inches in diameter Percent of City's Main Size Participation loll lo/ 12" 157 15" 257 18" 357 For mains larger than 18 inches in diameter the extent of C_ty participation shall be determined by the City Council Section 29 Sewer mains--to, in and through a platted subdivision -7- The subdivider shall pay the costs of construction of all sewer mains and appurtenances to in and through his subdivision, except as otherwise provided herein Section 30 Construction of sewer mains by subdivider The subdivider shall install the mains in his subdivision by contract upon approval of the plans and specifications by the City The City shall inspect and anprove actual construction Section 31 Extension of sewer mains- Reimbursements When a subdivider finds it necessary to construct a sewer through undeveloped areas to serve his platted subdivision or construct lines on the perimeter of said subdivision the entire cost of such sewer line shall be paid by the subdivider unless the oversize main provisions above are applicable At the time of annexation, or as the property abutting such sewer is developed and connections are made to the sewer the City may collect a charge per front foot based upon theooriginal construction cost and if so collected shall reimburse the original subdivider to the extent of the collection so made Provided however, that in no event shall such reimbursement exceed the original cost of the extension A subdividers right to reimbursement under the provisions of this Section shall not exceed a period of ten years from execution of the sewer extension contract unless the City Council shall approve a contract for a period exceeding 10 years Section 32 Extension of sewer mains to serve areas not part of a platted subdivision approved after the adoption of this ordinance Sewers constructed to serve property within the City, but not a part of a subdivision platted after adoption of this ordinance may be financed by a special assessment against the benefitted property as provided in Chapter 15 of the Code of Ordinances of the City of Fort Collins Colorado, 1958 as amended Section 33 Extension of new sewer mains to farthest point upgrade Sewer mains shall always be extended to the farthest point or points upgrade of the property to be served so that the system may be perpetuated -8- Section 34 Sewer main extension on perimeter streets (half County- half City ) Extension of sewers along streets or easements lying partly inside and partly outside the City limits may be made on the assessment basis against abutting property owners The City may pay the assessment that would normally apply to that area lying outside the City limits Before such area may be owners annexed to the City, or may connect to the sewer the /shall reimburse the City for the amount so paid by the City Section 35 Effect of private sewers on assessments, when private mains are replaced by City mains--rebate- assessments The existence of private sewers connected with the City sewer utility shall not affect the assesaability of property for sewers constructed by the City or according to City specifications When private mains are replaced by City mains no credit will be allowed for existing mains Section 36 Pumping stations When pumping stations are required, the cost of constructing said stations shall be the responsibility of the property served thereby In those instances where it appears that more than one platted subdivision may be served by the pump station, the City may require a larger capacity than that necessary to serve the initial development Where such larger capacity is required the additional cost may be paid by the City and thereafter collected from other property owners or subdividers connecting to lines served by the pump station Such charges shall be paid prior to the time any further connections are made Section 37 Force mains Force mains required to serve an area not otherwise able to enter the City's sewerage system shall be constructed at the expense of the owners of the property to be served thereby Section 38 Preservation of gravity system In those instances where pumping stations and force mains are required the sewerage system shall be designed where possible so as to permit an eventual connection into a gravity system with a minimum of expense Where -9- practicable, easements shall be provided and liens coutructed to tie into the gravity system The City may require deposits, where deemed necessary, from the property owners requiring said force system to pay for the eventual construction of gravity lines Section 39 Sewer Charites The following charges shall be made for the use of sewer service City Flat Hate Water Users (per month) Each Living Unit - Gravity System - $2 50 Each Living Unit - Pump System - - $3 00 City - Metered Water Users (perwaonth) -The charge for sewer service for each month shall be 65% of the average monthly bill for water service during the preceding months of January, February and March, but not less than $2 50 per month per living unit served Outside City - Metered Water Users service The charge for seder/ for each month, shall be 95% of the average monthly bill for water service during the preceding months of January, February and March, but not less than $14 00 per quarter per living unit served Section 40 Rates--effective date The rates set forth in Section 39 herein shall become effective the first billing date following September 30, 1965 Until such date, present rates shall remain in effect Section 41 When sewer service bills are due and payable All charges for sewer service provided in this ordinance shall be due and payable at the Utilities Office and become delinquent 30 days after the date of the bill Section 42 Billina, Payment and Collection- The sewer service charges provided for in this ordinance shall be billed and paid in full with the water bill, and the City shall not accept payment of the water bill unless the charges for sewer services are included therewith No partial payments shall be accepted Section 43 Flat Rates--not prorated If sewer rates are changed, or users institute or terminate service -10- 6 } other than on established billing dates the bill shall not be prorated The flat rate charge for a quarter shall be the minimum charge for any use during the quarter Section 44 Sewer connection--how determined q Once the sewer service 4 connected to the building or premises to be served it shall be presumed to be on until the water service is turned off Section 45 Water not to be used until paid No person shall be permitted to use water from the water utility if the sewer charges provided by this ordinance have not been paid Section 46 Notice to Users Billing for sewer services and any other notices relating to the sewer utility shall be effective upon mailing said billing or notice to the last known address of the sewer user, as shown on the records of the City Sewer Utility Section 47 Lien on Property All sewer charges shall be a lien upon the property to which sewers are connected from the date said charges become due until said charges are paid The owner of every building, premise or lot or house shall be liable for all sewer charges for uses for his premises against which a lien or liability may be enforced by the City by action at law or suit to enforce the lien In case the tenant in possession of any premises or buildings shall pay the sewer charges it shall relieve the land owner from such obligations and lien but the City shall not be required to look to any person Whomsoever other than the owner for the payment of sewer charges No change of ownership or occupation shall affect the application of this Ordinance and the failure of any owner to learn that he purchased property against a lien for sewer service exists shall in no way affect his liability for such payment in full The amount due and in default shall in addition to said right of enforcement by disconnection of service become a lien on the property and premises so served, to the amount of sewer charges due, and other services from the date the same accrued and became due -11- and payable and said delinquent payments enforced by assessment upon the property and premises so served and certification thereof to the County Treasurer for collection under and in pursuance of the authority and procedure provided in Chapter 15 of the Code of Ordinances of the City of Fort Collins, Colorado 1958 as amended Section 48 Sewer Plant Investment Fee--payment required, when Any applicant desiring to connect to the City sewer utility shall pay to the City, through the office of the Director of Finance a sewer plant investment fee for each individual service pursuant to the fees prescribed in Section 49 of this ordinance Such fee shall be paid in full prior to the time that connection permit is issued Said fee shall be in addition to all other charges required under this ordinance Section 49 Plant investment fee- includes trunk line assessments tapping fees, etc The plant investment fee shall replace and be in lieu of all charges or fees described or referred to in any prior ordinance as sewer trunk line assessments sewer tapping or connection fees or similar charges for the use of the City sewer utility Sec on 50 Credkt for revious a ent unconnected users I cases here unk li a charg or of r cha es ha a bee paid u der pr ious egula ons t full ant in stmen fee s 11 b charg be re co ecti to t sewer tility s made owev , a c dit 11 b allow for ny pr ious p ents d dedu ed fr the ant vestm t fee s cre t not o exc d the ount o the p nt in stme fee, rovi d how r, t this redit s 11 be llowe only pri to J uary 19666 pC on cla ing s cred or s pred esso in in rest as a ablis d the ight t such c edit t the tisfac on o the D ecto of P is Wo s anA- n agre ent h been ntere into b ween he C and uch rson i wri ng pro ding f r suc credi Deleted by amendment on final reading.. April 15, 1965 Section 50 ees--Plant Investment The sewer plant investment fee prescribed in Section 48 above shall be charged to both in City and out of City connections whether charged -12- b for servicea�as a metered or flat rate water user Size of Sewer Plant Service at Investment Sewer Main Fee 4" 175 00 6" 350 00 All sewer service connections in excess of 6 inches shall be charged at a rate negotiated by the City Manager with approval by the City Council Section 51 Outside City service requirements It is hereby declared to be the policy of the City of Fort Collins, Colorado that sewer service be furnished outside of the corporate City limits if the following conditions are complied with 1 That all Federal or State laws relative to the collection of sewage are complied with 2 That the owners of the area served agree to ,loin in a petition for annexation when requested by the City, and to cooperate in appropriate proceedings in connection therewith 3 That all construction of the users system will comply with standard City requirements as to materials depths manholes fittings pump stations or any special requirements--all as determined by the City 4 That connections be permitted only when sufficient capacity is available in the City system beyond the needs of in-City users 5 That the cost of all construction including connection to the City system will be borne by the user 6 That the City is to be held harmless from any claim or liability arising out of failure of the user to comply with existing laws or from other action regarding the construction or operation of the users system 7 Payment for sewage to be in accordance with Section 42 of this ordinance 8 Where service is provided to users other than in in- corporated towns or cities that user agrees not to directly or indirectly participate in the formation or enlargement of any municipal or quasi municipal -13- r corporation without the consent of the City Council 9 User agrees that all real property to be served by the City sewer utility shall not be conveyed unless such conveyance is subject to applicable provisions of this ordinance 10 Non-compliance with this ordinance or failure to pay sewer charges or bills shall permit City at its option the right to either terminate and suspend water service or to dig up and disconnect the sewer services 11 User agreements to be non-assignable to other property unless approved by the City 12 Before a sewer line giving new service is connected the user shall comply with the building code of the County of Larimer and until such building code is adopted the provisions of the City building code shall be complied with The user shall obtain and pay for all building and other permits, pay all inspection fees and employ licensed individuals for the installation of improvements in accordance with the requirements of the County of Larimer Until the County of Larimer has adopted pertinent rules and regulations such permits fees and licenses shall be obtained from the City of Fort Collins in accordance with the ordinances of the City of Fort Collins governing such matters The user if located within the area covered by the master plan approved by the Fort Collins Planning and Zoning Board shall comply with the subdivision rules and regulations adopted by the City of Fort Collins, until such rules and regulations have been formally adopted by the City of Fort Collins, the user shall obtain the approval of his plans by the Fort Collins Planning and Zoning Board in accordance with the tentative rules and regulations approved by said Board No sewer connection shall be made except under the supervision of the Water Division of the City of Fort Collins 13 The City Council may determine and adopt such other policies as may be determined to be necessary Section 52 Separability it is hereby declared to be the intention of the City Council that this ordinance and every provision thereof shall be considered separable and the invalidity of any section clause provision or part or portion of -14- s � y any section, clause or provision of this ordinance, shall not affect the validity of any other portion of this ordinance Section 53 Repeal All ordinances and part of ordinances in conflict herewith, be and the same hereby are repealed and specifically Sections 21-1 through 21-42 inclusive of the Code of ordinances, City of Fort Collins, Colorado, 1958, as amended, be and they are hereby repealed, provided however that this repeal shall not apply to Section 21-46 until the rates established in Section 38 hereof become effective, in accordance with the provisions contained in Section 39 hereof Section 54 Actions now vendina The repeal of the ordinance or parts of ordinances effectuated by the enactment of this ordinance shall not be construed as abating any actions now pending under or by virtue of such ordinance, or as discontinuing, abating, modifying or altering any penalty acc Lng or to accrue or affecting the liability of any person, firm or corporation or as waiving any right of the municipality under any section or provision existing at the time of the passage of this ordinance Introduced, considered favorably on first reading and ordered published this 18th day of March , A D 1965, and to be presented for final passage on the 8th day of April , A D 1965 Mayor ATTEST dAL City Cleirk Passed and adopted on final reading this 15th day of April A D 1965 Ma ,jor ATTEST ----���� City Clerk -1 - ,s MOTION TO AMEND ORDINANCE NO 17, 1965, AS FOLLOWS To delete Section 50 and to renumber in appropriate consecutive order the Sections of said Ordinance because of such deletion Passed and adopted as amended on final reading this 15th day of April, A D 1965 ,A,6Y1 Mayor ATTEST City Cle c �r STATE OF COLORADO ) COUNTY OF LARIMER SS CITY OF FORT COLLINS ) The City Council of the City of Fort Collins, in the County of Larimer and State of Colorado, met in regular session, in full conformity with law and the ordinances and rules of the City, at the Council `'hambers in the City 11a11 in said City, being the regular meeting place of the Council, on Thursday , the llth day of March , 1965 , at the hour of o'clock _ m , at which meeting there were present and answering the roll call the following, constituting a quorum Present Mayor Harvey G Johnson Other Councilmen R L Colwell L J McMillan James W Guyer Councilwomdn Lorraine A Quinn Absent None constituting all the members of the Council There were also present Rooert F Eoos Miles F House Arthur E March Thereupon, the following proceedings, among others were had and taken, to-wit Councibroman Lorraine A Quinn introduced an ordinance, which ordinance was thereupon read in full and is as follows -1- ('i