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HomeMy WebLinkAbout008 - 04/23/1927 - RELATING TO THE USE OF WATER FROM THE CITY WATER WORKS AND REGULATING THE USE THEREOF AND FIXING THE ,3 liky� U � v ORDINANCE NO. � , 19270 BEING AN Xd RGENCY ORDINANCE RELATING_TU_1f[E USE OF 1ATER FROM THE CITY WATER WORKS AND REG1.11ATING THE USE THEREOF AND FIXING THE SCHEDULE OF CHARGES THEREFOR, AND REMALING ALL ORDIN0CES OR PARTS OF ORDINANCES IN CONFLICT RERElIITH, A24D PROVIDrTG PEFIALTIES FOR THE VIOLATION OF THE PROVISIOTTE ITEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLI2?S: 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 information 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, end appurtenances necessary for conveying watier from the main to the property line shall be done by the Plater Department at the expense of the caner. The cost of each five-eighths (5/8) inch tap or its equivalent shall be Five ($5.00) Dollars and shall include the corporation cook. The cost of the permit shall include the tap or taps together with the coat of all labor and material 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 advance at the of floe 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%) per sent. This class of work will be due and ,ayabl* 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 _i _ special oases, 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 aocordanoe 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 substant- ial materials, well and substantially made, and the laying of such pipes shall be done in a workmanlike manner, and four (4) feet, below the street grade, and in all places at least four (4) feet below the surface of the grouni, and at all places where the pipe is drained or under a hydrant , gooseneck, etc. , the excavation shall be at least eighteen (16 ) inches deep and fourteen (14) inches square, and the same shall be filled with boulders. The owner 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 resulting from breakage of such pipes or fixtures or imperfection of such pipes or fixtures shall forthwith stop such waste by repairing of-eotualay sueh break or imperf-:ctioms . Upon non-compliance with the above provisions the City Clerk shall order the water shut off until same is complied with. All fixtures between the main and the property line serving such premise shall be maintained by the City at the expense of the owner, and all such expense if not paid for at once shall be collected at the same time and along with the next water collection. Section 5. 8o premise other than comn:eroial or business shall be entitled to more than one five-eighths (5/8) inch tap for each fifty (50 ) foot frontage or less but each such premise shall have at leas' one five-eighths (5/8 ) inch tap. For each additional fifty (50 ) feet or fraction of more than ten (10 ) feet , one five-eighths (5/6) inch tap will be permitted. In figuring the frontage for _?r determ'_ning the allowable number of tape for any premise only the narrowest dimension along a street shall be considered. Any premise entitled to mere than one tap my join these by a suitable wye branch to one service line . Commercial or business promises may be granted larger taps than -five-eighths (5/8) inch if reeomrieaded by the City Engineer and approved by the City Council. Applications for such must be made in writing to the City Council. Section 6. Each and every premise shall have a curb stop and service boa 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 any 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 ) hours' notice to the ;7a� er Department. Section 8 . No permit shall be issued to install, within the corporate limits of the City of Fort Collins , any hopper or anti- freeze toile.s. Section 9. Any premise abandoning the use of waver shall forfeit to the City the entire service between the main and property line. Section 10. Water receipts for private dwellings may be issued to water consumers by the City of Fort Collins for six (6) months or one (1) year as the applicant may desire . Payment of water rentals for private dwellings to be semi-annual, due and payable August 1st and February 1st of each year . Each water receipt shall be dated as of the day of its issue and the rent charges and consideration therefor shall be paid in advance, provided that if any receipt shall be issued at any time between said regular periods said receipt for its term shall e:id at one of the said regular terms . Reoeipts for water for building purposes shall be issued on the quantities given by the Building Inspector. All wa,.er receipts shall be issued at a rate oorrespcnding to a year in ratio of rime, but no raceipt shall be iss-,ed for less than One ($1.00 ) Dollar. There shall be no rebates to the owner on account of the owner or the tenant ceasing to use water before the expiration of the time for which rental has been -.-aid. Section 11, Wager rentals and permits for the use cf water will be granted under the provis .case of this ordinanoe , at the following terms and rates : Class I -- PriVato Dwellings -- per anlum. 4 rooms or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 Each addltlallal room . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . • 1.50 Bath tubs, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 Shower baths, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . 1.00 Water closets, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . 0 . . 3.00 Additional Watier Closetu, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 Urinals, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 Class II - Miscellaneous. Water for building purposes -- Brick per 1000 or fraoti m thereof . . . . . . . . . . . . . . . . . . . . . . . .$ .05 Plastering per 100 sq. yds. or fraotion thereof . . . . . . . . . . .20 Stone per perch or fractiln thereof .10 Concrete per mi . yd. or f raction thereof . . . . . . . . . . . . . . . . . .05 Tank wagons , each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 . 0 .25 0r seven for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 Barrels , ten for . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 Vaeant hots . -- Water for lawns or gardens on vacant lots which are not part of an occupied premise , for 50 fe?t or a fraotion thereof , per season 4.00 Extra Taps. -- Any premise of more than 50 foot frontage will be allowed an extra tap for garden and lawn purposes -4- for each additional 50 feet or fraction of mre than 10 feet and a charge of $4.00 per annum shall be made for each additional tap , and same will remain a permanent charge against the premise whether water is used cc not . Carry Rates. -- The charge for oarrying water to a premise that has no water connection shall be , 5.00 per annum, provided that no carry rate shall be allowed for a place or premise that has a waver main in front or side of the lot . This provis, on shall not apply to carry rates where there are two or more houses on a lot and there is a water tap on the lot . Class III - Metered Service . All establishments or places of business not strictly residential shall be placed upon meter . Water rentals falling within Class III, within the corporate limits of the City of Fort Collins , shall be paid monthly on the first day of the succeeding month, and if not so paid and the money in the hands of the City Clerk by 4:00 P. M. on the loth day of the said month or in the hands of the City Clark by 4:00 P. M. of the lltho providing the loth falls on Sunday , then a penalty of shall be charged, and the water shall be shut off by order of the City Clerk, but said penalty of $1.00 shall be charged at the time of making up the water rental roll and in the event the water rent shall be paid within the time above limited. the said sum of $1.00 shall be rebated to the water consumers. Otherwise , retained by the City as penalty for turning off and turning on water. The ch rges per month for water measured through a meter within the corporate limits of the City of Fort Collins shall be as follows: -5- For the first 10,000 gallons , . . . . . . . 20� per 1,000 gallons. For the next 40,000 gallons, . . . . . . . 15¢ per 1,000 gallons. For the next 50 ,000 gallons . . . . . . . . 10¢ per 10000 gallons . For the next 400,000 gallons . . . . . . . . 8¢ per 1 ,000 gallons . For the next 500,000 gallons. . . . . . . . 7� per 1.000 gallons. Over 1,000,000 gallons . . . . . . . . . . . . . 0 6¢ per 19000 gallcne. Provided no charge for crater shall be less than $1.00 per month. Minimum Monthly Guarantet. Siz4 of Meter ri:inimum Monthly Guarantee 5/8 inch or smaller . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . 04 1100 3/4 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 1 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 1iinch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 2 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.50 3 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 4 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.00 6 inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 Larger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00. 1n computing the monthly charge for water by the meter , the amount due on the first 10,000 gallons shall be added to the amount due on the second 10,000 gallons and in like manner each additional 10,000 gallons having a different rak-e per 10,000 gallons , as shown by the meter reading for a period decided to be computed. All continuous or mechanical ''low fixtures, urinal and toilets, anti-freeze toilets, hoppar 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 , All outside toilets or water closets, whether connected with privaue dwellings or not , shall be placed on meters. -6- If any meter shall fail to correctly register in any one month the consumer shall be charged for the average monthly consumption during the two preceding months as shown by his meter. All meters shall be of s size, t; pe and design approved by the City Commissioners , and shall be installed by the "dater Department . Fach meter shall be inspected by the Waller Department and must 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 tach meter installed, giving the location and the number of the meter. All meters shall be supplied with a stop-cook on each side of the meter . All meters shall be placed in an easily accessible part of the premises using water through such meter . Such location and placement to be approved by the City Engineer or : is deruty and the same may be inspeoted at any rr_asona,le time by any officer of the Water Works Departr;,ent . When a hose or premise has four or more apartments there small be charged the regular flat rate for each apartment, or in liea of such charge a meter shall be installed. Section 12 . To every receipt issued to each consumer where the premises or building using vrater under said receipt is collected with any sewer , there shall be added, except where said receipt is for the parpose of irfigation only, for the use of the water and the said sewer , the sum of $1.50 per year in addition to all other charges, which charge shall be collected in installments of one-half on the first day of February and one-half on the first day of August of each year , and in all oases where the water rent is a flat rate , said installments shall be due and col'ected at the time the flat water rate is collected and as a part of the same charge, and in oases of meter the same shall be collected at the time when the February and August meter rates are due and payable , and no one shall be permitted to use water until and unless said water rates or sewer charges are naid. -7- Section 13. Every receipt shall contain the name of the owner or tenant of the premise for which such receipt is issued, the pries paid therefor , the location , the purpose, the length of time for which it is granted, when as.nted, and the time of its expiration , and shall be signed by the City Clerk. Section 14. Any person or peracne leaving a water receipt who shall use or allow to be used, the wager from the hydrant designated in his or their receipt, for any purpose not specified therein, cr shall allow any person or persons not having a receipt to use water from such hydrant , or shall wildlilly permit wager to waste from such hydrant , shall be deemed guilty of a violation of this ordinance . Section 15, Whoever shall, by any of his famil5r , went , employee , or servant , use the water from any part of the water works without a receipt , or shall without lawful authority open and fire plug or hydrant or curb atop, gate, valve or other fixture appertaining to said water works, cr shall turn on or off water into or from any pipe, wit? out lawful authority, or in any ran,.er tamper with the water or sewer system, shall be de med guilty of a violation of this ordinance . 'Nhoever shall throw , oast , put or depc- sit any article or V,ing into any streams , reservoirs, ditch, trench , pipe or drain used in or connected with the wai,er worlrs or any part thereof, or shall in any manner interfere with or obstruct the flaw of water in any such reservoir, ditch, pipe , trench or drain, shall be deemed guilty of a violation of this ordinance . If any person or persons within a dist _.nce 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 cr deposit any article or thing into said stream, or in close proximity thereto, or allow any offensive of unwholesome substance to remain upon his premises in such position that such substance or the drainage therefrom may be carried by _a- natural causes into said river, or its tributaries, or who shall permit to flow 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 thie section, shall be deemed guilty of a violation of this ordinance. Section 16. The City reserves the right to cause the water to be shut off frog street mains when they deer it necessary for repairing the works, making connections or extensions , in case of fire or for the purpose of cleaning the system. Section 17. Hose u4r, 3 for the sprinkling of lawns or gardens will be permitted during tl-- following hours only: From five o1clock A. M. until nine o'clock F. W.. . '�tVater shall not be used through hose or ripes without nozzles or sprinklers attsched thereto, and this regulation shall apply to all users of water whether flat or mi:tered service. The setting of sprinklers or nozzles so as tc interfere xith traffic on sidewalks iE prohibited. Section 18. The sum of One ($1.00) Dollar shall be added to the water rental of each consumer in making up the water rental roll for each period provided to this ordinance , and upon the fallure of any water consumer to pay his or her water rent on or before 4: 00 o'clock P. of the loth day of Februar,: and August of each year or upon the llth �_ay of sach -,:o:ths shoul,i the 10ti: la;, fall uton Sunday a-id the money actually in the har'lg of the City Clerk then said sun of Une ($1.00) Dollar sha11 he collected and held br the City ns penalty for turning, off and on the water; otherwise, said One (w1.00) Dollar shall be reba.ted to the water consumer. Section 19. The owner of every building, Pre-.!rise , lot or house shall be liable `o^ all water delivered to or t^1-en and urwi -t-on his or her Premises . Tn case any tpnant in Possession �-,f said premises or -9- building shall pay the water rent or rate, it shall relieve his or her landlord from such obligatiaa , but the City shall not be required to look to any person wl.atsoever other than the aver for the payment of wa er rents and rates herein provided. Section 20. That any and all delinquent payments for water rent or other services which will accrue on the property and premises upon which vra',eP 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 di soonne cti on of service , b ee ome 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 msforced by assessment upon the property and premises so served, and eertifieatiaa 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 21. 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 eolleeti,-n of the same to the County Treasurer. Section 22. Anyone residing without the city limits desiring to connect with the city water system shall petition the City Co ncil to allow such connection and if granted the work shad be done under a revocable permit and under the following regulations: The owner or petit �aner must pay the regulation tap fee and must construct }iis service as nearly as possible to the requirements within the city limits. A meter approved by the 'Rater Department si;all be purchased by the applicant and installed by the City at the expense of the applicant in an approved location. The service between the city main and the meter must be laid under city supervision and shall be kept in good repair at all times at the owner' s expense . -10- The water user or owner must keep the meter in repair at all times at his or their own expense . Every consumer of water from the system of water works of the City of ort Collins residing without the corporate limits of the City of Fort Collins shall hereafter be required to deposit with the City Clerk the sum of Ten ($10.00 ) Dollars before wager shall be turned on for the '..se of such consumer. Every such consumer shall deposit with an the City Clerk tae additiot.al sum of Five ($5.00) Dollars for every master meter through w}_ich water is supplied to such consumer. Such deposit shall be maintained at all times while the service is continued. Payments for water received through meter without the city limits shall be due on the first day of February, btay , August and November of east_ year together with One (1"1.00) Dol. ar additional to be added on the water rental roll at each of t:.ese payment p ,s• iods and if o'clock the water rent is not paid and in the hands of the City Clerk by 4:00J P. M. on the loth day or 4:OC o'clock 1. M. of t}, e llth day, should the loth day fall upon Sunday , the One (,.",.1.OJ) Dollar shall be retained by the City as penalty and the water shut off by the order of the City Clerk and the :rater will not be again turned on titil all payments in arrears shall have been paid, including penalty together with the regular fee for turning on water which siall be 3s follows , to-wit : For all meters within a radius of five (5) miles of the City Hall, •�"2. 50; for all meters at a ;neater radius distance from the City Hall, . 3.50. If any meter shall fail to correctly register in any one p, riod the oansum� r shall be charged for the average corsum)ticn db:ring the two Drevious tkiree-month -eriods as shown ty his meter. Seotior. 23. ;7hen water is measured to a consumer through a wa,•er meter the rate per thousand gallons shall be as is now or hereafter may be established by the City Council by resolution or or3iranoe duly passed and adopted, turd such City Council shall have power to change said rates from time to time as rray be deemed expedient . -11- Section 24. Any person molesting, tampering with , or in any manner whatsoever interfering with the adjustment and use of any water meter used in the City of Fort Collins shell i,e deemed guilty of a vi lation of this ordinance , Section 25, Ordinance No, 10 , Series of 1919 , Ordinance No. 32, Series of 1920, Ordinance No. 6, Series of 1922 , Ordinance No. 35, Series of 1923, Ordinance Iio. 18, Series of 1924, Ordinance Iio. 9, Series of 1925, Ordinance No. 2Q. Series of 1926, turd all ordinances and parts of ordinances in conflict with t!.iS ordinance are ',ier( by repealed; provided, that all causes of action which may ha-re 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 of eot of this repeal, may be prosecuted to the saime ef:eot as if no repeal had been made thereof, and the former ordinances shall still remain in force for the purpose of sustaining any and allproper actions , suits, proceedings and prosecutions for the enforcement of any 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, proceeding or prosecutions, imposing, inflicting or declaring such penalty, forfeiture or liability. Section 26. Any perSOL or persons violating any of the Arovis ,ons of this ordinance shall upon conviction thereof be fined not less than Five (75.00 ) Dollars i.,)r more than One Hundred ($100.00) Dollars, and costs of s,iit . Section 247. In the opinion of the City Council an emergency exists for the preservation of the ,ublic health , peace and safety, and this ordinance shall take effect upon its passage and publicatiun, under and by virtue of the authority contained in Sections 6 and 7 of Article Iv of the City Charter . -12- Introduced, read at length acid adopted by the unanimous vote of all members of the City Cormil at a regular meeting held this E3rd day of April, A. D. 1927, i Uommitisi7ner of Safety and Ex-off17- Avor A"'EST: City Clerk. STALE OF COLOR, ,DO ) SS. COUIITY OF LARIY3R ) I, A. J. ROSE: C'Ut City Clerk of the City of Fort Collins , do hereby certify and declare that the foregoing ordinance, onnsi sting of tiventy-seven (27) sections was duly proposed and read at length at a regal. meeti:.g of the City Council held on the 23rd day of ,,pril, A. D. 1927 , and was duly adopted and ordered published in the Fort Collins Express-Ccurier, a daily newspaper and the uffieial newspaper of the City of Fort Collins , by the unanimous vote of all members of the Council, as an emergency ordinance, in accordance with the provis' .na of Sections o and 7 of Article IV of the City ;harter; and thereafter , and on tf, -viit : ".e %._' day of :-pril, A. D. 1927, said Ordimnae No. w_s d :'y ; : 1�Ted in the Fort Collins Express-ao::rier, a daily newsra_ e , ad in the City of -;ort ;ollins, Colorado. 'i" `'^OF, I ha¢e hereunto set my hand and affixed :icy t '.ds ago :„ day of Apy�lf 4. D. 1927. er . -13-