CHAPTER 16
PUBLIC PROPERTY, UTILITIES AND SERVICES

ARTICLE 5
UTILITIES

Section 16-5-1. Definitions.

(a)

The term "sewerage facilities" means any one or more of the various devices used in the collection, treatment or disposition of sewage or industrial wastes of a liquid nature, or storm, flood or surface drainage waters, including all inlets, collection, drainage or disposal lines, intercepting sewers, joint storm and sanitary sewers, sewage disposal plants, outfall sewers, all pumping, power and other equipment and appurtenances, all extensions, improvements, remodeling, additions and alterations thereof, and any and all rights or interest in such sewerage facilities.

(b)

The term "consumer" shall mean any public or private user of water facilities or sewerage facilities, or both.

(c)

The term "water facilities" means any one or more devices used in the collection, treatment or distribution of water for domestic and municipal uses, including a system or systems of raw and clear water and distribution storage reservoirs, deep and shallow wells, pumping, ventilating and gaging stations, inlets, tunnels, flumes, conduits, canals, collection, transmission and distribution lines, infiltration galleries, hydrants, meters, filtration and treatment plants and works, all pumping, power and other equipment and appurtenances, all extensions, improvements, remodeling, additions, and alterations thereof, and any and all rights or interests in such water facilities.

(d)

The term "joint system" or "joint water and sewer system" means water facilities and sewerage facilities combined, operated and maintained as a single public utility and income producing project.

(e)

The term "Utilities Department" means the department of City government established by this ordinance to operate and administer the municipal utilities of the City of Northglenn under the direction of the City Administrator.

(f)

The term "customer" shall mean the owner of the real property to which water and sewer services are supplied, or his agent as registered pursuant to Section 20-2-1.

[Source: Ord. 200, 1973; 846, 1986]

Section 16-5-2. Utilities Department.

(a)

The utilities department of the City of Northglenn, hereby established, shall be under the direction, supervision and control of the City Administrator. Subject to the requirements of law and the ordinances of the City, the department shall have the following duties and functions.

(1)

To operate and maintain as a joint system the water facilities and sewerage facilities of the City of Northglenn, whether now owned or hereafter acquired, for the use of the City and the use of public and private consumers and users within and without the territorial boundaries of the City, but not within the boundaries of any other municipality unless the approval of such other municipality shall be obtained as to the territory in which the service is to be rendered;

(2)

To acquire, construct, reconstruct, improve, better and extend water facilities or sewerage facilities, or both, wholly within or wholly without the City limits, or partially within and partially without said limits;

(3)

To acquire lands, easements and rights in land in connection with such water facilities or sewerage facilities or both;

(4)

To prescribe, revise and collect in advance or otherwise from any customer connected therewith or receiving services therefrom rates, fees, tolls and charges, or any combination thereof, for the services furnished by, or the direct or indirect connection with, or the use of, or any commodity from, such water facilities or sewage facilities, or both, including, without limiting the generality of the foregoing, minimum charges, charges for the availability of service, tap fees, disconnection fees, reconnection fees, and reasonable penalties for any delinquencies, including but not necessarily limited to interest prescribed by Chapter 10 of Article 16, reasonable attorney fees and other costs of collection.

[Source: Ord. 200, 1973; 846, 1986]

Section 16-5-3. City Council.

(a)

The City Council of the City of Northglenn shall have and may exercise all of the powers provided by Article 52 of Chapter 139, Colorado Revised Statutes, 1963, in addition to all other powers provided by law, and shall by resolution from time to time fix the rates, fees, tolls and charges to be administered and collected by the utilities department.

(b)

The acquisition, construction, reconstruction, lease, improvement, betterment or extension of any water facilities or sewerage facilities, or both, and the issuance in anticipation of the collection of revenues of such facilities of bonds, to provide funds to pay the cost thereof may be authorized under the provisions of Article 52 of Chapter 139, Colorado Revised Statutes 1963, as amended, by a resolution of intent by the City Council, adopted at a regular or special meeting by a vote of a majority of the members. After the adoption of such resolution, the bonds so authorized shall be issued by ordinance, subject to the requirements of the statutes of the State of Colorado.

[Source: Ord. 200, 1973]

Section 16-5-4. Legislative Purpose. Whereas, it has been established to the satisfaction of the City Council of the City of Northglenn, (a) that the sewage conveyance facilities, wastewater treatment facilities and wastewater storage reservoirs included in the municipal utility system of the City of Northglenn and located both within and without the boundaries of the municipality have been designed to prevent the creation and dissemination of offensive odors; (b) that operation of such facilities in compliance with engineering specifications and standard procedures will not result in the creation and dissemination of offensive odors; and (c) that such offensive odors could be created only through improper operation of the sewerage system or by action resulting from decisions taken in willful or reckless disregard of the design and capacities of such facilities--it is, therefore, the purpose of this ordinance to regulate and prevent any willful, reckless or negligent conduct on the part of any person engaged in the operation of the sewer utility system, or any part thereof, which conduct is the proximate cause of creation and dissemination of offensive odors in violation of this ordinance.

[Source: Ord. 532, 1979]

Section 16-5-5. Offensive Sewerage Odors Prohibited. The creation and dissemination of offensive odors from any sewage conveyance facilities, wastewater treatment facilities or wastewater storage reservoirs of the City of Northglenn, whether located within or without the municipal boundaries of the City, is hereby prohibited and the same shall be unlawful.

[Source: Ord. 532, 1979]

Section 16-5-6. Overloading of Wastewater Treatment Facilities Prohibited. It shall be unlawful for any person knowingly to cause or permit overloading of any wastewater treatment facilities of the City of Northglenn, whether located within or without the municipal boundaries of the City, to the extent that the treatment capacity of such facility is exceeded.

[Source: Ord. 532, 1979]

Section 16-5-7. Reduction of Treatment Quality Prohibited. It shall be unlawful for any person knowingly to cause or permit any wastewater treatment facilities of the City of Northglenn to be shut down or the treatment quality reduced for the purpose of conserving energy, if such action results in the creation and dissemination of offensive odors. The prevention of such odors is hereby declared to have priority over conservation of energy.

[Source: Ord. 532, 1979]

Section 16-5-8. Violations--Penalty. Any violation of any of the provisions of Sections 16-5-5, 16-5-6, and 16-5-7 of this Article 5 of Chapter 16 shall be punishable as provided in Section 1-1-10(a)(2) of this Code.

[Source: Ord. 1130, 1995]