HomeMy WebLinkAbout2021 Ordinance No. 052Page 1 of 9
BY AUTHORITY
ORDINANCE NO. 52 COUNCIL BILL NO. 51
SERIES OF 2021 INTRODUCED BY COUNCIL
MEMBER SIERRA
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3,
SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE, AND
ESTABLISHING WASTEWATER (SANITARY SEWER) RATES IN
ACCORDANCE THEREWITH.
WHEREAS, the State of Colorado has enhanced the standards for wastewater
treatment, both through reduction of the permitted levels of total phosphorus and total
inorganic nitrogen, and through a reduction of the permitted temperature of water which
may be released from the wastewater plant into its receiving stream;
WHEREAS, such standards have been incorporated into the operating license of
the Joint-Use Wastewater Treatment Facilities established pursuant to an
Intergovernmental Agreement between the City of Littleton, Colorado, and the City of
Englewood, Colorado, such treatment facility doing business as South Platte Renew, and
such standards necessitate extensive facility upgrades to be completed over the next
decade;
WHEREAS, South Platte Renew performed a comprehensive cost of services
analysis during 2019 to determine the current cost of providing wastewater services within
the City of Englewood and to City of Englewood connector districts;
WHEREAS, Englewood Municipal Code § 12-2-3(B) provides that 1) the rates
charged by the City for all wastewater service shall be established by ordinance and
maintained in the City’s Rate and Fee Schedule, and 2) a charge for wastewater collection
system maintenance shall be established annually by the City Council as part of their
annual approval of the City's Fee and Rate schedule, or by separate Resolution;
WHEREAS, Ordinance #50, Series 2020, establishing sewer rates in accordance
with Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000,
was approved by the City Council on November 16, 2020, with such rates to become
effective January 1, 2021;
WHEREAS, the comprehensive cost of services analysis established that a 22%
decrease for inside city treatment for sewer rates charged to City of Englewood residents
will provide adequate funding to address the capital and maintenance needs at South
Platte Renew during the 2022 operational year; and
WHEREAS, the cost of services analysis further established that rates outside of
the City should be increased given those receiving services outside of the City do not share
the investment into the infrastructure required to provide these services, nor the burden of
ensuring proper maintenance of and improvement to that infrastructure.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Englewood Municipal Code Title 12, Chapter 2, Section 3, Subsection B(5) shall
be amended to read as follows (deleted provisions struck through; new provisions
underlined):
12-2-3 Fees and Charges.
A. Purpose. It is the purpose of this section to provide for the payment of all
POTW (publicly owned treatment works) costs, including costs of the City. The
total annual cost of operation and maintenance shall include, but need not be
limited to: labor, repairs, equipment replacement, maintenance, necessary
modifications, power, sampling, laboratory testing and a reasonable
contingency fund. The charges will be based upon the quality and quantity of
user's wastewater, and also upon the capital and operating costs to intercept,
treat, and dispose of wastewater, and shall be established by formal action of
the City Council.
B. General. There is hereby levied and charged on each lot, parcel of land and
premises served by or having Wastewater connection with the Wastewater of
the City or otherwise discharging wastewater, industrial wastes or other liquids,
either directly or indirectly, into the City Wastewater system an annual service
charge which shall be computed and payable as follows:
1. The charge for wastewater treatment shall be based on the gallonage of
water delivered to the premises during the lowest water meter reading period
falling between September 1 through May 31 for service inside City and
November 1 through April 30 for service outside City. This gallonage shall be
converted to an annual equivalent and multiplied by the annual rate per one
thousand (1,000) gallons provides the annual treatment charge.
2. A charge for Wastewater collection system maintenance shall be established
annually by the City Council as part of their annual approval of the City's Fee
and Rate schedule, or by separate resolution, where premises are served by
the City collection system. Where the City does not own and maintain the
collection system, the City will collect charges for maintenance of same only
when authorized by the terms of contract between the City and the sanitation
district.
3. Where water at any premises is taken through multiple meters, the charge
for wastewater treatment shall be based on the gallonage of water delivered to
the premises through all of the meters during the lowest water meter reading
period falling between September 1 through May 31 for inside City and
November 1 through April 30 for outside City, or the sum of the minimum
charges for each meter, whichever is greater. However, one (1) bill for all
wastewater treatment, composed of the sum of minimum charges for each
meter used, or a single quantitative charge for all wastewater treatment may be
issued in the following cases:
a. Where water service is taken through a combination of meters or
through meters on two (2) or more service pipes, if water serviced through
each of such meters and service pipes is delivered and used on the same
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property for one (1) general purpose, or the premises is a single enterprise on
an integrated holding of land, undivided by public streets, roads or alleys; and
b. For each public-school entity, even though the meters may be situated
on separate properties.
4. Where water usage information is not available wastewater service charges
will be based on a minimum charge established by ordinance and maintained
in the City's Rate and Fee Schedule.
5. Outside City customers will be charged an increased rate from one hundred
five percent (105%) of the amount charged to inside City customers for similar
service to compensate for additional infiltration from the longer interceptor lines
reflect industry-accepted methodology establishing appropriate outside City
rates. This factor These rates shall be included in the flat rate and minimum
rate tables establishing the rates charged to customers of the City.
6. Charges for service to customers inside the City limits shall be billed
quarterly or annually in advance. Charges for Wastewater only service outside
the City may, at the discretion of the City, be billed annually where this would
not conflict with special provisions of a connector's agreement. All bills are due
and payable as of the billing date and become delinquent thirty (30) days after
the billing date for inside City and forty-five (45) days after the billing date for
outside City.
7. User charges shall be reviewed annually and revised periodically to reflect
actual treatment works O&M costs.
8. The rates charged by the City for all wastewater service shall be established
by ordinance, and maintained in the City's Rate and Fee Schedule.
C. Special Cases:
1. A school operating on a nine-month (9) school year, which supplies
documentation to the City verifying the nine-month (9) schedule and which
applies for a nine-month (9) operating status, shall be billed seventy-six
percent (76%) of the charges which would normally accrue for similar usage by
a residential customer.
2. Industries, car washes and other establishments where summer irrigation
water is not significant or where seasonal business fluctuations are more
significant than irrigation usage shall be billed based on annual rather than
winter period water usage.
3. Customers with delivery flow characteristics significantly different from those
of a single-family dwelling shall pay an additional readiness to serve fee as
established by ordinance and maintained in the City's Rate and Fee Schedule.
4.Other Cases: Where the procedures above are not applicable, or when
application of same would work an obvious and significant injustice to the
customer, a rate shall be established by the City based on reasonable
estimates of projected flow.
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D. Permitted Industrial Users:
1.Industries that are permitted as Significant Industrial Users or have been
issued a Wastewater Control Permit and discharge wastewater with BOD, COD
and/or TSS in excess of Normal Domestic Strength Wastewater will be charged
for the cost of handling treatment of these wastes calculated based upon the
net excess loading. The use of surcharges does not permit the User to
otherwise exceed any Local Limits specified, or Federal and State
Pretreatment Standards.
2. The City shall require payment to cover the added cost surcharge of
handling and treating the wastes as established by ordinance and maintained
in the City's Rate and Fee Schedule.
3. Specific individual rates will be calculated based on the volume strength and
rate of flow in accordance with current Federal guidelines. Adjustments to
individual rates will be made annually or more frequently, whenever evidence is
received that a major change in wastewater volume and/or characteristics has
occurred. Payment will commence within one (1) year of the date of initiation of
service through the POTW.
4. Industrial Users identified for inclusion into an applicable Sector Control
Program may be charged for the costs incurred by the City for re-inspections
due to failure to correct non-compliances or violations identified during a sector
control inspection. A fee shall be established by Resolution of the City Council
and maintained in the City's Rate and Fee Schedule, for each inspection
required until completion of violation remedy. Such fee shall be established as
a minimum of one hundred dollars ($100.00), but may be modified by
Resolution, and shall be set forth in the City's Fee and Rate schedule.
5. Sanitation Districts may be charged for the cost incurred by the City for
inspecting Industrial Users included in or added to, based on inspection results,
the City's Fats, Oil, and Grease (FOG) or Petroleum Oil, Grease and Sand
(POGS) Sector Control Program. Such fee shall be established by Resolution
and maintained in the City's Rate and Fee Schedule. A fee shall be established
as a minimum of fifty dollars ($50.00) per inspection for facilities contributing
wastewater to the POTW from locations outside of the City boundary, but may
be modified by Resolution, and shall be set forth in the City's Fee and Rate
schedule.
E. Restoration of Service. Wastewater service shall not be restored until all
charges, including the expense of termination and charge for restoration of
service, have been paid.
F. Collection Procedures:
1. Charges Responsibility of Owner: All fees and charges shall be chargeable
against and payable by the owner of the premises receiving wastewater
services.
2. Periodic Billing Statements:
a. The City shall cause billings for wastewater treatment and/or water charges
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to be rendered periodically at rates established.
b. Billings for charges and any other notices shall be effective upon mailing
said billing or notice to the last known address of the user as shown on City
records.
c. Service charges provided in this chapter shall be billed and paid in full within
thirty (30) days from date of billing for inside City and forty-five (45) days after
the billing date for outside City. Partial payments may be approved by the City
Manager or designee on a case by case basis provided that the total bill is paid
in full no more than three months after the original billing date. The City
Manager or designee shall develop policies that set forth the conditions under
which a partial payment plan may be granted. The City shall bear no
responsibility to provide the customer with any kind of reminder notices.
3. When payment of City utility services is received, the payment shall be
applied in the following order; stormwater enterprise fund all concrete utility
fund charges, all wastewater fund charges and water fund charges.
G. Delinquency and Collection:
1. Fees and charges levied in accordance with this chapter shall be paid to the
City within thirty (30) days from the date of billing for inside City and forty-five
(45) days after the billing date for outside City. If the bill is not paid within thirty
(30) days from the date of billing for inside City and forty-five (45) days after the
billing date for outside City, it shall be deemed delinquent, whereupon a
delinquency fee shall be imposed for collection services. The fee shall be
established by ordinance and maintained in the City's Rate and Fee Schedule.
2. Non-payment. All wastewater charges and surcharges, including, but not
limited to, collection charges, pretreatment charges, monitoring charges, shall
be a lien upon the property to which wastewaters are connected from the date
said charges become due until said charges are paid. The owner of every
structure or premises shall be liable for all wastewater charges for users on his
premises, which lien of liability may be enforced by the City by action at law to
enforce the lien. In case the tenant in possession of any premises shall pay the
wastewater charges, it shall relieve the landowner from such obligations and
lien, but the City shall not be required to seek payment from any person
whomsoever other than the owner of the property for the payment of
wastewater charges. No change of ownership or occupation shall affect the
application of this subsection, and the failure of any owner to discover that he
purchased property against which a lien for wastewater service exists shall in
no way affect his liability for such payment in full. Said delinquent payments,
and the lien created thereby, shall be enforced by assessment upon the
property and premises so served and certification thereof to the County
Treasurer for the collection under and in pursuance as provided for in this
Code.
H. Disconnection Clause:
1.The City may disconnect within the City or contract areas served by the City
for accounts delinquent more than ninety (90) days. Notice shall be given to the
last known address of user or owner thirty (30) days prior to disconnection. All
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costs of disconnection shall be repaid at the time of reconnection; provided,
that if the premises are supplied with City water services, such service may be
shut off until such rates and charges for treatment and disposal of wastewater
shall have been paid.
2. When the premises to which such service is provided are located outside the
limits of the City, failure to pay the rates and charges for treatment and
disposal of wastewater when due shall be cause for the City Clerk to certify to
the county commissioners of the county in which said delinquent user's
property is located the charges due and unpaid, on or before November 1 of
each year, and thereupon and until paid, the same shall be a lien upon the real
property so served by said wastewater system and shall be levied, certified,
received or collected by sale annually from year to year by the proper county
officials as are general taxes, and the proceeds therefrom remitted to the City
of Englewood; provided, that if the premises are supplied with City water
services, such service may be shut off until such rates and charges for
treatment and disposal of wastewater shall have been paid.
Section 2. Establishment of Rates Pursuant to Title 12, Chapter 2, Section 3, Subsection
B(8). Effective January 1, 2022, wastewater rates within the City pursuant to Englewood
Municipal Code Section 12-2-3(B)(8) shall be follows:
In City Sewage Treatment Charge per 1,000
gallons
$3.3973
$2.64
In City Collection System Charge per 1,000
gallons
$0.4524
$0.79
Total In City Sewage Treatment and
Collection System Charge per 1,000 gallons:
$3.8497
$3.43
Outside City Sewage Treatment Charge per
1,000 gallons
$4.01
Customer
Class
In City Treatment and
Collection Sewer Billed
Quarterly
Monthly
In City Treatment Only
Billed Monthly
In City District Sewer Billed
Quarterly
In City Sewer
District Water
Billed
Annually
$3.8497 $3.3973 $24.2530
Flat Rate Min. Flat
Rate Min.
Rate
Single
Family
Dwelling
$81.00 $73.67 $71.47 $64.96 $294.72
$24.03 $21.95 $18.58 $50.69
Multi Family
Per Unit
$50.17 $45.68 $44.27 $40.24 $182.70
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$14.88 $13.72 $11.51 $10.56
Mobile
Home Per
Unit
$30.89 $28.07 $27.24 $24.81 $112.24
$9.16 $8.58 $7.08 $6.60
5/8 " $111.59 $101.65 $98.63 $89.70 $406.60
$33.10 $30.53 $25.65 $23.50
¾" $169.45 $154.17 $149.54 $136.13 $616.71
$50.27 $45.96 $38.88 $35.38
1" $280.96 $255.59 $248.10 $225.77 $1,022.35
$83.35 $76.15 $64.51 $58.61
1½" $561.83 $511.33 $495.94 $451.31 $2,045.32
$166.68 $151.95 $128.94 $116.95
2" $900.55 $819.62 $794.90 $723.30 $3,278.51
$267.16 $243.53 $206.67 $187.44
3" $1,797.43 $1,635.58 $1,586.49 $1,443.53 $6,542.30
$533.24 $486.03 $412.49 $374.09
4" $2,809.46 $2,556.78 $2,479.71 $2,256.59 $10,227.07
$833.47 $759.40 $644.73 $584.50
6"
$5,619.07 $5,113.45 $4,959.31 $4,512.91 $20,453.80
$1,666.99 $1,518.80 $1,289.42 $1,168.99
8" $8,928.42 $8,124.86 $7,856.96 $7,149.72 $32,499.48
$2,648.76 $2,413.01 $2,042.81 $1,857.24
10" $12,834.65 $11,679.64 $11,294.70 $10,277.97 $46,718.57
$3,807.61 $3,468.76 $2,936.62 $2,669.83
Customer Class
Outside City District Sewer
Billed Monthly
Outside City District Sewer
Billed Annually
$3.3973 $20.48
Flat Rate Min. Flat Rate Min.
Single Family
Dwelling
$74.93 $68.23 $299.39 $272.63
$27.97 $25.66 $335.64 $307.92
Multi Family Per Unit
$46.50 $42.24 $185.87 $168.81
$17.36 $16.04 $208.32 $192.48
Mobile Home Per Unit
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$28.64 $26.03 $114.44 $103.87
$10.69 $10.03 $128.28 $120.36
5/8 " $103.49 $94.19 $413.79 $376.50
$38.63 $35.69 $463.56 $428.28
3/4" $157.04 $142.83 $628.02 $571.18
$58.63 $53.73 $703.56 $644.76
1" $260.46 $236.94 $1,041.71 $947.62
$97.23 $89.02 $1,166.76 $1,068.24
1½" $520.90 $473.83 $2,083.40 $1,895.19
$194.47 $177.64 $2,333.64 $2,131.68
2" $834.66 $759.63 $3,338.42 $3,038.26
$311.61 $284.71 $3,739.32 $3,416.52
3" $1,665.57 $1,515.90 $6,662.16 $6,063.43
$621.81 $568.22 $7,461.72 $6,818.64
4" $2,603.64 $2,369.36 $10,414.29 $9,477.27
$972.03 $887.81 $11,664.36 $10,653.72
6" $5,207.37 $4,738.65 $20,829.25 $18,954.46
$1,944.09 $1,775.63 $23,329.08 $21,307.56
8" $8,274.58 $7,530.03 $33,098.62 $30,119.67
$3,089.17 $2,821.04 $37,070.04 $33,852.48
10" $11,894.81 $10,824.52 $47,579.51 $43,297.22
$4,440.72 $4,055.31 $53,288.64 $48,663.72
Section 3. Notice of general provisions and findings applicable to interpretation
and application of this Ordinance:
A. Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title
1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless
otherwise set forth above, including, but not limited to, the provisions regarding severability,
inconsistent ordinances or code provisions, effect of repeal or modification, and legislation
not affected by repeal.
B. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that
except as otherwise provided within specific Titles, Chapters, or Sections of the
Englewood Municipal Code, the violation of any provisions of the Code, or of any
secondary code adopted therein, shall be punished by a fine not exceeding two thousand
six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three
hundred sixty (360) days or by both such fine and imprisonment. E.M.C. Title 12, Chapter
2, Section 3, sets forth enforcement measures for failure to pay the assessed sanitary
sewer rates and fees, including disconnection of service for accounts 90 days or more
delinquent. Delinquency and Collection: All wastewater charges and surcharges,
including, but not limited to, collection charges, pretreatment charges, monitoring charges,
shall be made a lien upon the property to which wastewaters are connected from the date
said charges become due until said charges are paid. The owner of every structure or
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premises shall be liable for all wastewater charges for users on his premises. Said
delinquent payments, and the lien created thereby, shall be enforced by assessment upon
the property and premises so served and certification thereof to the County Treasurer for
the collection under and in pursuance as provided for in this Code.
C. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it
is promulgated for the health, safety, and welfare of the public, and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears
a rational relation to the proper legislative object sought to be obtained.
2021.
Introduced, read in full, and passed on first reading on the 18th day of October,
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
21st day of October, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on the 20th
day of October, 2021 for thirty (30) days.
Read by Title and passed on final reading on the 1st day of November, 2021.
Published by Title in the City’s official newspaper as Ordinance No. 52, Series of
2021, on the 4th day of November, 2021.
Published by title on the City’s official website beginning on the 3rd day of November,
2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 52, Series of 2021.
Stephanie Carlile
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