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HomeMy WebLinkAbout024 - 12/10/1954 - RELATING TO THE USE OF WATER FROM THE CITY WATER WORKS, AND REGULATING THE USE THEREOF AND FIXING TH � r J ORDINANCE NO 21 , n BEING AN EMERGENCY ORDINANCE RELATING TO THEHE USE OF WATER FROM THE CITY WATER WORKS, AND REGULATING THE USE THEREOF AND FIXING THE SCHEDULE OF CHARGES THEREFOR, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1. For the uses specified in this ordinance, an application must be made to the City Engineer for a permit. Such permit shall set forth the name of the person for whose benefit such permit shall be granted, the size of the tap, the place to which the water is to be conveyed, and all other in- formation necessary for a clear, concise record These facts shall be made a matter of permanent record in the office of the City Engineer. Section 2 The tapping of the mains and the installation of all pipes, fittings, and appurtenances necessary for conveying water from the main to the property line shall be done by the Water Department at the expense of the owner. The cost of each five-eighths (5/8) inch tap or its equivalent shall be Fifteen ($15 00) Dollars, The cost of the permit shall include the tap or taps together with the cost of all labor and mat.6rial necessary for a completed service to the property line according to schedules on file in the office of the City Engineer, such schedules being approved by the City Council, and all cost must be paid in ad- vance at the office of the City Clerk. Special services, for which there is no schedule, may at the option of the City Engineer be paid for when the work is completed on an actual cost basis plus ten (10%) percent. This class of work will be due and payable as soon as completed. Failure to pay promptly will entitle the City to collect in the manner provided elsewhere within this ordinance. Applications, in these special cases, must be made on the standard forms used for regular house services before any actual construction is begun. Section 3. Any person permitted as aforesaid shall do all other work by which he is to obtain water at his own expense and in accordance with the provisions of this ordinance and the permit aforesaid. Section 4. All service pipes and their underground fixtures connected with the street mains shall be of good and substantial materials, preferably copper pipe, well and substantially made, and the laying of such pipes shall be done in a workmanlike manner, four (4) feet below the street grade, and four (4) feet below the surface of the ground, and at all places where the pipe is drained or under a hydrant, gooseneck, etc., the excavation shall be at least eighteen (18) inches deep and fourteen (14) inches square, and the same shall be filled with boulders The owners of any premises to which water shall be conducted shall keep all pipes and fixtures from the property line and on said premises tight and in good repair, so as to prevent waste of water, and upon said waste resultm ing from breakage of such pipes or fixtures or imperfection of such pipes or fixtures shall forthwith stop such waste by repairing effectually such break or imperfections. Upon non-compliance with the above provisions the City Engineer shall order the water shut off until the same is complied with. Section 5. No premise other than commercial or business shall be entitled to more than one five-eighth (5/8) inch tap. Any additional water required over and above the above mentioned tap may be authorized by the City Council, provided the customer applies by written request to the City Engineer and is further approved by the Council. Commercial or business premises may request the pity Engineer for recommendations as to size of tap, meter, etc., and same may be installed on approval by the Council, or its authorized agent Same must be of a size to be accurate for amount of water used. -2. Section 6 Each and every premise shall have a curb stop and service box of a type approved by the Water Department installed at a point on the service pipe, two feet inside of the curb line outside of the business district and one foot inside the curb line within the business district The location of all curb stops shall be made a matter of record. Section 7. All work undertaken through and under arq permit shall be done with reasonable dispatch All permits except those granted by the City Council must be so secured as to give at least forty-eight (48) hoursr notice to the Water Department Section 8. All permits for installation of toilets, baths and laundry equipment must meet the requirements of the City Building and Plumbing Inspector No connections shall be made until permits have been issued and paid. Section 9 Any premise abandoning the use of water shall forfeit to the City the entire service between the main and property line Section 10. Water used within the corporate limits of the City of Fort Collins must be paid for in accordance with the following schedule of water rates-and the consumer shall be billed in accordance therewith, to-wit SCHEDULE OF WATER RATES Class I - Residential Availability Available only within the corporate limits of the City of Fort Collins, Colorado Applicability Applicable to all residential consumers. New connections made on or after January 12 1955, for residential use having taps larger than 5/8 of one inch, and for commercial use of any kind, regardless of size of tap service, will be required to install meters and take service through City Metered rate - Class II. -3- Rates - Quarterly Basis Standard Residence - One Family Five Rooms or less $3.40 Additional Rooms 40 Bath .50 Additional Bath .50 Water Closet 1.00 Additional Water Closet 50 Closed or Glassed in porch 20 Lot Area (10,000 sq ft min. chg.) 2.25 For each 100 sq. ft, of gross lot area 04 Additional Yard ftydrant 5/8 inch on separate tap 4 00 (By permission of Council only) Rates - Cottages - (special Council Approval) All Rooms 3.00 Bath (no chg if none installed) .5o Water Closet 1.00 Minimum Lot Area 5,000 sq. ft. 1.50 Quarterly Minimum Charge ($4.5o) Rules-and Regulations All water rules and regulations as passed by Ordinance will govern the above rate schedule. Effective Date The foregoing rates shall become effective January 1, 1955 Class II - Metered Availability Available to consumers within the corporate limits of Fort Collins, Colorado. Applicability A Applicable to residential, commercial, clubs, lodges, sororities, fraternities, and churches Rate (Monthly Basis) if used on quarterly billing each step of the rate structure is to be tripled accordingly. Urban Meter Rates - Monthly Billing 5,000 gal or less (min. charge) 5/8 inch tap $ .40 per 1000 gal. Next 10,000 gal. •28 Next 35,000 gal. .20 n n n Next 50,000 gal. ,14 to Next 400,000 gal. 13 Next 500,000 gal. .12 of n n Balance 11 n n n -4- Lawn tap for irrigation only, is optional at the rate of 150 per 100 sq ft annually of lot area. Customers violating this regu- lation will have this irrigation tap discontinued. For each meter service, based on meter size, the monthly minimum charge, as long as the water is on, shall be as follows (Water shall be considered on until customer notifies the department in writing to discontinue the service.) 5/8 & 3/4" $2.00 1" _ 2.50 4.00 5.00 2" 8.00 3" 14.00 4n 25.00 6" 50,00 8" 75.00 10" 120.00 These rates allow customers use of water to cover above minimum charges Effective date The foregoing rates shall become effective with the January 1955 meter reading Tank Wagon Rates 6 Tanks $3.00 1 Tank .75 Water for building purposes shall be issued in the quantities given by the Building Inspector with a minimum charge of Three (83.00) Dollars Contractors shall not leave water turned on after completion of building, and said contractor shall be subject to a minimum fine of Twenty-.five ($25.00) Dollars for violation of this section There shall be no rebates to the owner on account of the owner or tenant ceasing to use water before the expiration of the time for which rental has been paid Section 11. Any lot owner, dividing or changing the lot areas must report said changes immediately to the office of the City Engineer. A minimum fine of Five ($5 00) Dollars will be imposed on owners for violation of the above require- ment Section 12. The drilling of any well within the City limits requires a permit from the City Engineer. No well within or without the City shall be attached in any manner to the City Water System. This is a public health re- quirement a fine of Twenty-five ($25 00)-Dollars shall be imposed on any customer violation of said public health requirement No excavated well will be allowed within the City limits Signs for information of Public will be required for well irrigation, and must be posted in clear view to the public �5— Section 13 All continuous or mechanical flog fixtures, urinal and toilets, anti-freeze toilets, and mechanically flushed toilets, which are installed at the time of the passage of this ordinance, shall be placed on meters and payment therefor shall be made in accordance with the schedule of rates for meter service and water All residences having an air conditioner, or other mechanical appliance which requires the continuous flow of water for operation, either heretofore or hereafter installed in said residence, shall-not be permitted to obtain a permit for the use of water under the flat rates herein provided for residences, but shall be placed on meters and payment therefor shall _be made in accordance with the schedule of rates for meter service and water. All outside toilets or water closets, whether connected with private dwellings or not, shall be placed on meters. Section 14 All meters shall be of a size, type and design approved by the City Engineer, and shall be installed in a readily accessible location for the meter reader. Each meter shall be inspected by the Water Department and shall be properly adjusted before installation. The cost of the meter and the expense of installation and maintenance shall be borne by the owner of the premises. A record shall be made and preserved of each meter installed, giving the location and number of the meter. All meters shall be supplied with a stopcock on each side of the meter. The same may be inspected at w7 reasonable time by any officer of the Water Works Department. When a house or a premise has three or more apartments or the owner or tenant thereof has five or more roomers or boarders in such house or premise, a meter shall be installed and there shall be charged the regular meter rates as herein provided Where more than one residence is situate upon the same lot, each residence shall be considered separate and rates shall be paid, as herein fixed -6- Premises using metered service shall not use water from a tap on adjoining premises paying a flat rate No consumer on a flat rate service shall permit water to be used or taken from his tap to a vacant lot, or a lot with metered service and a violation hereof shall forthwith require said consumer to place his property on a meter Section 15. No charitable, religious, educational, or other in- stitution shall be relieved of the provisions hereof, but shall be required to pay the rates herein fixed Section 16 The owner or occupant of any residence may have a meter installed in accordance with the regular provisions for meter service, in lieu of flat rates if he so elects Section 17, It shall be unlawful to permit water to flow, run or be discharged in the streets or sidewalks of the City. All wasting of water in any manner is hereby prohibited and considered a violation of this ordinance Section 18. Whoever shall, by arW of his family, agent, employee, or servant, use the water from any part of the water works without a receipt, or shall without lawful authority open any fire plug or hydrant or curb stop, gate, valve or other fixture appertaining to said water work, or shall turn on or off water into or from any pipe, without lawful authority, or in any manner tamper with the water works or sewer system, shall be deemed guilty of a violation of this ordinance. Whoever shall throw, cast, put or deposit any article or thing into arty streams, reservoirs, ditch, trench, pipe or drain use& in or connbcteda with the water works or any pads thereof, or shall in any manner interfere with or obstruct the flow of water in any such reservoir, ditch pipe, trench or drain, shall be deemed guilty of a violation of this ordinance -7- Section 19 If any person or persons within a distance of five (5) miles up the Cache la Poudre River, or any of its tributaries, above the point where the water supply of the City of Fort Collins, is diverted, shall throw, cast, put or deposit any article or thing into said stream, or in close proximity thereto, or allow any offensive or unwholesome substance to remain upon his premises in such position that such substance or the drainage therefrom may be carried by natural causes into said river, or its tributaries, or who shall permit to now from any place or premises any foul or contaminating fluid into such stream shall be guilty of a violation of this ordinance. Any person who shall bathe or swim in or wash or bathe any animal, or cause any animal to go into any of the waters specified in this section, shall be deemed guilty of a violation of this ordinance. Section 20. The City reserves the right to cause the water to be shut off from street mains when they deem it necessary for repairing the works, making connections or extensions, in case of fire or for the purpose of cleaning the system. Section 21. Water used-for the sprinkling of lawns or gardens will be permitted during hours designated each irrigation season by action of the City Council. Water shall not be used through hose or pipes without nozzles or sprinklers attached thereto, and this regulation shall apply to all users of water whether flat or metered service The setting of sprinklers or nozzles so as to interfere with traffic on sidewalks is prohibited Section 22. Water rentals shall be due and payable upon regular intervals as billed, and shall be considered delinquent if not paid within ten (10) days of billing date If the ball becomes delinquent the water shall be shut off by order of the City Clerk and the water will not be again turned on r ^ until all payments in arrears shall have been paid, together with the regular fee for turning on the water in the amount of $2 50. The City Clerk or Auditor shall not draw on any bank account at the instance of any water consumer for any water rental unless written authority therefor shall first be given to the City office by the consumer. Section 23. The owner of every building, premise, lot or house shall be liable for all water delivered to or taken and used upon his or her premises. In case any tenant in possession of said premises or building shall pay the water rent or rate, it shall relieve his or her landlord from such obligation, but the City shall not be required to look to any person whomsoever other than the owner for the payment of water rents and rates herein provided. Section 24 Any and all delinquent payments for water rent or other services which will accrue on the property and premises upon which water service has been rendered, and other services in connection therewith or any purpose whatever connected with the service of water, notwithstanding the disconnection of service for failure to make payment, the amount due and in default shall in addition to said right of enforcement by disconnectionoof service, become a lien on the property and premises so served, to the amount of water rent due, and other services, from the date the same accrued and became due and payable, and said delinquent payments enforced by assessment upon the property and prem- ises so served, and certification thereof to the County Treasurer for collection under and in pursuance of the authority and procedure provided in Ordinance No. 19, 1884, concerning assessment and collection of special charges. Section 25. A written order or notice to discontinue water service on the property requested to be turned off shall be required in order to eliminate the certification for collection of the same to the County Treasurer -9- Section 26, All contracts for the sale of water from the Fort Collins system of water works to users outside of the city limits of the City of Fort Collins, also the charges made therefor, shall be governed as provided by resolution or resolutions of the City Council hereafter to be adopted Until otherwise changed the following rates and regulations shall apply to use of water outside the corporate limits of the City of Fort Collins, to-wit RATES FOR METERED SERVICE OUTSIDE OF CITY Class III The charge per quarter for meter service and water taken through a meter outside the City limits, shall be as follows For each meter service, as long as the water is on, a charge shall be made per year, payable in quarterly installments, as follows (Water shall be considered on until customer notifies the department in writing to discontinue the service.) Annually 5/8 inch 8.00 3/4 inch 12.00 1 inch 16 00 1 2 inch 28 00 2 inches 4o.00 3 inches 84-00 h inches 150 00 6 inches 250 00 All over six inches at such rate as the City Council shall fix by resolution Rates per tap for water per quarter shall be as follows (plus the above meter charge) For the first 10,000 gal., 400 per 1000 gal For the next 10,000 gal, 370 per 1000 gal. For the next 10,000 gal., 330 per 1000 gal. For all over 30,000 gal., 270 per 1000 gal. When two or more taps are serviced from one master meter, the quarterly charge for said metered water shall be computed as follows The water metered by the master meter shall be divided by the number of taps serviced by said master meter, the charge per tap shall then be computed upon -10- C the basis of the above rates for the average water used per tap, charge for the water passed through the master meter shall then be the charge per tap times the number of taps plus the service charge on the master meter. The user shall be billed as hereinbefore specified. The minimum quarterly guarantee for water shall be 06,00 for each tap in service whether water is used or not. Effective date The foregoing rates shall apply to the meter readings made commencing in April, 1955. RULES AND REGULATIONS A tap fee of $15.00 shall be made for each connection, plus the cost of labor and material used in making the required outlet The owner or petitioner shall construct his service in accordance with the requirements for the construction of service within the City. A meter approved by the Department of Works shall be purchased by the petitioner or owner and installed at his or its expense by the Department of Works in an approved location. All meters shall have frost proof boxes The pipe between the main and the meter shall be laid by a licensed plumber and inspected by the Department of Works before the excavation is filled. A valve shall be placed on each side of the meter to facilitate the removal of the meter The valve nearest the main shall be placed in a valve box for the exclusive use of the City in turning off and on the water from its main The meter and the service-between the meter and main shall be kept in good repair at all times by the owner All meters now installed shall be changed to conform with the specifications, rules and regulations of the Department of Works. Payment for water received through the meter shall be due on the first day of February, May, August and November of each year. Provided, that the City Council has the right to enter into a contract with a user outside the City on a different rate schedule if his consumption is large enough to warrant same -11- If any meter shall fail to correctly register in any one period, a charge shall be made equal to the average consumption during the two previous three months periods. Before the City permits water to be turned into any service connected directly to a water main owned by the City, there shall be deposited with the City Clerk a sum of money equal to the minimum guarantee of that service, but in no-event to be less than $12.00, said deposit to be held by the City without interest This deposit will be returned to the owner whenever service is abandoned or discontinued if there are no payments in arrears, otherwise it shall be used to liquidate said payments, provided that no deposit will be required of an incorporated owner. On services on which there is more than one user, the reading of the master meter alone shall be taken and one water rent notice shall be mailed out by the City, and said notice shall be mailed to such person as may be designated by such users to transact all business for said users, provided such person meets the approval of the City Council. It shall be the duty of the person so designated to report immediately to the City any additional taps that are added to the lines under the master meter. Any failure to comply with the above rules and regulations and ordinances of the City, will be considered sufficient cause for the City to turn off the water until the same are complied with, or to revoke the permit of the offender The rates herein Fixed shall apply to all water sold outside of the City limits, from and after expiration of the last quarter, 1954. Article IX, Section 4, of the Charter for the City of Fort Collins, shall apply to all outside customers on and after January 1, 1955. •12.- Section 27 If any meter shall fail to correctly register in any one period the consumer shall be charged at an average rate as adjusted from the two previous readings. Section 28, When water is measured to a consumer through a water meter the rate per thousand gallons shall be as is now or hereafter may be established by the City Council by resolution or ordinance duly passed and adopted, and such City Council shall have power to change said rates from time to time as may be deemed expedient Section 29 Any person molesting, tampering with, oarin any manner whatsoever interfering with the adjustment and use of any water meter used in the City of Fort Collins shall be deemed guilty of a violation of this ordinance. Section 30 Ordinance No, 8, 1927, Ordinance No, 14, 1935, Ordinance No. 12, 1936, Ordinance No. 16, 1936, Ordinance No. 6, 1937, and all other Ordinances and parts of Ordinances in conflict herewith are hereby repealed, provided that all causes of action which may have arisen or accrued to the City of Fort Collins under any of the former water ordinances on account of violation thereof prior to the taking effect of this Ordinance may be prosecuted to the same effect as if no repeal had been made thereof, and the former Ordinances shall still remain in force for the purpose of sustaining arW and all proper actions, suits, proceedings and prosecutions for the en- forcement of arW penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions imposing, inflicting or declaring such penalty, forfeiture or liability. I Section 31. Unless another penalty is expressly provided herein every person found guilty of a violation of any provision of this Ordinance -13- may be punished by a fine of not leas than $5.00 nor more than $100.00 and costs of suit Section 32 The head of the department of Public Utilities shall be responsible for the enforcement of all rules, regulations and rates and make final decisions on violations of this ordinance, subject to delegation of powers to selected assistants, appointed by approval of the City Manager. Section 33 Special Contracts with large users shall be submitted to the Council, for approval, by the Department of Public Utilities. Section 34. In the opinion of the City Council an emergency exists for the preservation of the public health, peace and safety, and this ordinance shall take effect upon its passage and publication under and by virtue of the authority contained in Sections 6 and 7 of Article IV of the City Charter. Introduced, read at length and adopted by the unanimous vote of all members of the City Council at a regular meeting held this loth day of December, A. D -1954- Commifflioner o afe y icio ayor ATTEST City Clerk -14- STATE OF COLORADO) ) ss COUNTY OF LARMM Z) I, MILES F HOUSE, City Clerk of the City of Fort Collins, do hereby certify and declare that the aforesaid Ordinance, consisting of thirty-four sections, was duly proposed and read at`'length at a regular meeting of the City Council held on the loth day of December, A. D. 1954, and was duly adopted and ordered published in the Fort Collins Coloradoan, a daily newspaper and official newspaper of the City of Fort Collins, by the unanimous vote of all members of the City Council, as an Emergency Ordinance, in accordance with the provisions of Section 6 and 7 of Article IV of the City Charter, and thereafter and on, to-wit the 14th day of December , A. D. 1954, said Ordinance No. 24 was duly published in the Fort Collins Coloradoan, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this 141h day of December , A. D. 1954 City Cleric -15.