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Home My WebLink About2021 Ordinance No. 0531 BY AUTHORITY ORDINANCE NO. 53 COUNCIL BILL NO. 52 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 8 OF THE ENGLEWOOD MUNICIPAL CODE 2000 REGARDING WASTEWATER (SANITARY SEWER) CONNECTION AND COLLECTION FEES. WHEREAS, Sewer Connection and Collection Fees are established within Englewood Municipal Code §12-2-8; WHEREAS, Sewer Connection fees are collected at the time of filing an application for a sewer connection permit, and in addition thereto certain described properties are assessed an additional sewer collection system surcharge, all as set forth within E.M.C. 12- 2-8; WHEREAS, the Sewer Connection and Collection Fees were last amended pursuant to Ordinance 51, Series of 2020; WHEREAS, South Platte Renew performed a comprehensive cost of services analysis during 2019 to determine the current cost of providing wastewater (sanitary sewer) services within the City of Englewood and to the City of Englewood connector districts, and such analysis determined that the Sewer Connection and Collection Fees should be modified; and WHEREAS, the Englewood Water and Sewer Board recommended this proposed fee schedule at its regular meeting of October 12, 2021. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 12, Chapter 2, Section 8. Englewood Municipal Code Section 12-2-8 shall be amended as follows (deleted provisions struck through, new provisions underlined): 12-2-8: - Sewer Connection and Collection Fees. A. A sewer connection permit for a single-family, residential, and/or commercial and/or an industrial user shall remain in effect until terminated by the City. B. At the time of filing the application, sewer connection fees shall be paid in accordance with the following schedules adopted by Resolution of the City DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 2 Council and maintained in the City’s Rate and Fee Schedule: C. Single use sewer connection treatment and collection surcharge fees. 1. At the time of filing an application for a sewer connection permit, sewer connection fees for the following properties shall be increased by the addition of a collection system surcharge to the sewer connection fees established by this section Resolution of the City Council and maintained in the City’s Rate and Fee Schedule: a. Properties within the City which are not in an established sanitation district. b. Properties outside the City which are tributary to the Northeast Englewood Relief Sewer System which are not exempted by agreement from sewer connection surcharge. Water Meter Size Sewer Treatment Connection Fee Collection Surcharge Fee ¾" or less $1,969 $2,022 $401 $412 1" $3,283 $3,372 $669 $687 1½" $6,548 $6,725 $1,334 $1,370 2" $10,522 $10,806 $2,143 $2,201 3" $21,000 $21,567 $4,277 $4,392 4" $32,832 $33,718 $6,686 $6,867 6” $78,760 $80,887 $16,040 $16,473 8" $105,014 $107,849 $ 10" $150,955 $155,031 $ D. Multi-family and mobile home development sewer system connection and collection system surcharge fees. 1. The sewer connection and collection system surcharge fees for Multi- Family Residential properties consists of the greater of: (a) The sum of a base fee per connection and a three-tier dwelling unit fee based on the number of dwelling units. OR (b) The meter sized based connection fee. DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 3 2. For hotels and motels, the connection fee shall be seventy-five percent (75%) of the connection fee as set forth in this section. Sewer Treatment Connection Fee Collection System Surcharge Base Fee $1,477 $1,517 $301 $309 Dwelling Unit Fee (per dwelling unit) First 12 units $323 $332 $67 $69 Next 22 units $262 $269 $52 $53 Over 34 units $149 $153 $32 $33 E. Mixed use residential and commercial sanitary sewer connection and collection system surcharge fees. 1. Mixed use Residential and Commercial Sewer Connection and Collection system fees consist of the greater of: a. The sum of a base fee per connection, plus the per residential dwelling unit fee, plus a per commercial fixture unit fee based on the number of fixture units. OR b. The meter sized based connection fee. Sewer Treatment Connection Fee Collection System Fee Base Fee $1,477 $1,517 $301 $309 Dwelling Unit Fee (per dwelling unit) First 12 units $323 $332 $67 $69 Next 22 units $262 $269 $52 $53 Over 34 units $149 $153 $32 $33 Commercial Mixed Use Fees First 125 fixture units $47 $48 $10 $10.30 Next 250 fixture units $19 $20 $4 $4.10 DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 4 Over 375 fixture units $16 $16 $3 $3.10 F. Properties that connect to the Big Dry Creek interceptor system shall pay a sewer connection surcharge fee in the sum of one hundred dollars ($100.00) per single- family residential equivalent connection in addition to all other charges. G. The actual cost of any sewer main extension shall be recorded in the utilities office. Where such cost has not been paid, it shall be added to the plant assessment system connection fee to arrive at a total amount due. New sewer extension costs shall include the actual cost of construction plus ten percent (10%) to defray costs of engineering. The total costs shall be assessed in proportion to the front footage of the property served. H. Where a proposed connection will serve property for which a previous assessment has been paid, the previous connection fee shall be credited against the current connection fee in calculating the balance of the fee due. I. Nothing in this section shall be construed to alter the rates or terms contained in the connector's agreements heretofore existing between the City of Englewood and sanitation districts. J. No connection shall be made to the POTW without payment of the connection fees. Failure to pay fees before tapping to the POTW shall result in connection fees being doubled. Any fee or charge not paid shall constitute a lien on the subject property and be collected like taxes. Section 2. 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 wastewater rates and fees, including disconnection of service. 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 DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE 5 determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 18th day of October, 2021. 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. 53, 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. 53, Series of 2021. Stephanie Carlile DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE