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HomeMy WebLinkAboutO-1048ORDINANCE NUMBER 1048 AN ORDINANCE TO PROMOTE THE PUBLIC SAFETY, HEALTH AND WELFARE BY PROVIDING FOR THE INSTALLATION AND MAINTENANCE OF SPECIAL SEWER FACILITIES AS AN ALTERNATIVE TO UNDERGROUND ABSORPTION SYSTEMS FOR PERSONS WITHIN THE CITY AND ITS JURISDICTION: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. PURPOSE: The purpose and intent of this ordinance is to provide a means whereby certain areas within and without the City may be provided an alternative means of disposal of sanitary waste other than the usual underground disposal method. Because much if not all of the area contemplated is not topographically suited to the usual gravity line means of sewage disposal, the City has engaged engineering expertise to provide special facilities within the service area which will diminish the reliance on septic tanks and drainfields and thus reduce the environmental problems inherent to use of such systems in high density situations. Because of the interdependent nature of the facilities to be installed, it is critical that exact specifications be followed for equipment installed and methods of installation. To that end, it is necessary that the City promulgate the within controls over supply, installation, inspection and maintenance of required facilities. It is imperative that the City exercise strict control so that no one part of the system operates to the injury of another part; therefore, the City reserves the right to deny connection or discharge to its system from any facility where the installer, owner or person in control fails or refuses to fully conform to the City's requirements as herein provided or referenced. In the event that any facility is operated in such a manner as to be a danger to other parts of the system, the City after having provided reasonable opportunity for the owner to make necessary correction may disconnect the facility from the system and take such legal action as may be required to have the premises vacated pending correction of the problem. Section 2. DEFINITIONS: For purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meaning herein ascribed. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural; and words used in the male gender include the female and neuter. The word "shall" is always mandatory and not merely directory. (a) "CITY" is the City of Fairhope, Alabama b) "COUNCIL" is the governing body of the City of Fairhope, Alabama (c) "COUNTY" is Baldwin County, Alabama and includes reference to its departments and agencies. (d) "STREET" means any public way and includes the terms, highway, alley and public easement. (e) "PERSON" is any person, firm, partnership, association, corporation, company or organization of any kind. (f) "QUALIFIED VENDOR" - a vendor who has presented his qualifications, specifications and licenses to the Director of the Water/Sewer Department of the City indicating the ability to supply the equipment and/or supplies to the City's exact specifications. In the event of dispute as to qualifications, the Fairhope City Council shall make the final decision. The City shall not be open to qualification of new vendors more frequently than once each six calendar months. (g) "QUALIFIED INSTALLER" - an installer who has presented his experience record, qualifications, bonds, insurances certificates and licenses to the Director of the Water/Sewer Department of the City indicating the ability to install the system components to the City's exact specifications. In the event of dispute as to qualifications, the Fairhope City Council shall make the final decision. The City shall not be open to qualification of new installers more frequently than once each six calendar months. (h) "UNIT" for purposes of this ordinance means any detached single family dwelling, any single family attached dwelling within any building complex, any detached single office or commercial facility, any attached office or commercial entity within any building complex or any single rental unit within any apartment complex, hotel, motel, rooming house or similar facility. (i) "SERVICE AREA" means any area within the City or its jurisdiction or where the City has authority over installation and maintenance of public utility lines, including facilities for water, natural gas and public sewer. 0) "ENGINEER" means the Alabama Registered Professional Engineer whose seal and signature appears on the Project Plans and Specifications. (k) "PROJECT PLANS AND SPECIFICATIONS" means those engineering plans and specifications prepared for the City for the purpose of planning and controlling installation of any special sewer project implemented under provisions of this ordinance. Term includes all contract documents related to the project. (1) "SEWER MAINTENANCE FEE" means a one time monetary fee of Twelve Dollars ($12.00) per front foot of property served by sewer, which fee shall be due and payable at time of issuance of Authorization to Connect to the City's system. (m) `SEWER USE FEE". For purposes of this ordinance, there shall be charged a monthly fee for use of the sanitary sewer facilities of the City which shall be computed at One Hundred (100) Percent of the amount billed for city water service during the same billing period and shall be due and payable on the same billing cycle as water. In the event that a sewer customer is in an area where only private water service is available, that customer shall be billed for sewer use at the flat rate of Twenty-two Dollars ($22.00) per calendar month, which sum shall be due and payable on the first of each month and shall be delinquent if not paid by close of business on the tenth day of the month. Fees are subject to increase by the City Council by the amendment of this ordinance. (n) "TAP FEE" means a one-time fee at the rate of Two Thousand Dollars ($2000.00) for each unit to be connected to the City's sewer system, due and payable at time of issuance of Authorization to Connect. (o) "DAMAGE AND MAINTENANCE BOND" means a surety bond issued by a company properly licensed and authorized to do business in Alabama in favor of the City for the sum of Five Thousand Dollars ($5000.00) as a guarantee that the qualified installer shall indemnify the City for defect in materials or workmanship in the course of the construction for a period of one calendar year following issuance of Certificate of Inspection, after which if all deficiencies shall have been corrected by installer, said bond shall be of no further force or effect. (p) "BLANKET PERMIT" means a permit issued by the County to allow all installers qualified hereunder to perform work within the limits of County's highway system pursuant to installation of sewer facilities as provided herein. (q) "APPROVED EQUAL" shall mean equipment or materials for which specifications have been submitted to the Superintendent of the City Water/Sewer Department and the Engineer and found to be essentially equivalent to brand names specified herein. In the event of dispute as to equivalency, the Council shall make the final decision. Section 3. EQUIPMENT AND MATERIALS: (a) Grinder Pumps: Grinder pumps shall be Environmental One, Model Number SGPC10241,; Barnes, Model Number GP2010 or approved equal with a maximum pumping capacity of 17 gpm in low head conditions. At the property owner's option, the pumps may be obtained from the City upon reimbursement to the City of its actual cost thereof. (b) Corporation Stops and Fittings: Corporation stops, valves and fittings shall be brass, Mueller, Ford or approved equal. (c) Compression Saddle Clamps: Compression saddle clamps shall be JCM, Mueller or approved equal. (d) Pressure Line: Pressure line shall be one and one-half inch inside diameter (1-1/2" I.D.) HDPE SDR-15.5 (min) in accordance with AWWA C901 (latest edition). (e) Valve boxes shall conform to standard type currently in use by the City. Section 4. CONTROL OF THE WORK: All work shall be performed in strict compliance with the requirements of all applicable laws, regulations, ordinances and the project plans and specifications and shall be subjected to inspection by the City and the Engineer. Work covered without inspection shall be rejected until proper inspection is performed. No work shall be begun and no force main shall be tapped until the City shall have issued an Authorization to Connect for the particular property, all fees due shall have been paid in full and the required bonds and certificates of insurance shall have been delivered by the installer to the City. No Certificate of Inspection shall be issued by the City until all work has been found satisfactory and all fees then due shall have been paid in full. Section 5. SCOPE OF WORK: The work of the qualified installer shall consist of the live tap to the force main, directional bore under pavement, installation of corporation stop and fittings, installation of 1-1/2" diameter HDPE SDR 15.5 piping, gate valve, valve box, fittings and check valve, all in compliance with project plans and specifications. Upon expiration of the maintenance bond, the City shall assume maintenance of the system from the inlet side of the gate valve to the main. The City will perform no maintenance outside the limits of the right-of-way. Section 6. OWNER'S RESPONSIBILITY: The owner shall be responsible for installation and maintenance of all piping from the inlet side of the gate valve to the grinder pump station and to the unit served. The owner shall not cause nor permit any discharge of effluent from the property to the force main until after the City has inspected the installation and issued its Certificate of Inspection and after payment of all fees remaining due. Section 7. AUTHORIZATIONS AND CERTIFICATES: No work shall be undertaken upon any service to any property until the City shall have issued an Authorization to Connect for such property. No effluent shall be discharged to the force main from any property until the City shall have inspected the complete installation, including the grinder pump station, and shall have issued a Certificate of Inspection for such property. Payment of all required fees shall be a condition precedent to issuance of such authorizations and certificates. All authorizations and certificates shall contain, at the minimum, the physical address and legal description of and the tax parcel identification number for the subject property; the name, address and telephone numbers of the owner and the installer/s; and the amount received for fees due. Copies of all authorizations and certificates shall be transmitted to the County immediately after issuance. Authorizations for work by an installer in default may be withheld pending cure of default. Section 8. REMEDIES: Where premises are operating in non-compliance with the terms of this ordinance such as to be a public nuisance, the city attorney is authorized to file a complaint in any court of competent jurisdiction seeking the appropriate legal remedies. Section 9. PENALTIES. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of such shall be fined Two Hundred Dollars ($200.00) and may be sentenced to ten days in jail, at the discretion of the court, for the first offense; for each subsequent conviction, the defendant shall be fined not more than Five Hundred Dollars ($500.00) and may be sentenced to not more than six months in jail, at the discretion of the court. Section 10. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 11. REPEALER. All provisions of all ordinances in conflict herewith are hereby repealed to and only to the extent of the conflict with respect to work undertaken under provisions of this ordinance. Section 12. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE 15'h DAY OF April , 1999. ow AFFIDAVIT: This is to certify that the attached legal notice/advertisement appeared in: ❑ The Baldwin Times, Bay Minette, AL ❑ The Bulletin, Daphne, AL '97he Fairhope Courier, Fairhope, AL he Independent, Robertsdale, AL ❑ The Onlooker, Foley, AL ❑ The Islander, Gulf Shores, AL a weekly newspaper published in Baldwin County, Alabama ❑ Weekend Edition (includes The Fairhope Courier, The Onlooker, The Islander, and The Bulletin) Publication Date Cost: words/inches x rate y -a I y�6 .X .1 a Legal Ad Representative Gi a Lindell BILL TO: ATTN: P.O./File Number FOR OFFICE USE ONLY Gu st Newspapers P.O. Box 509 Robertsdale, AL 36567 Phone (334) 947-7712 state of Alabama County of Baldwin MY COMMISSION EXPIRES MAY 22, 2002 Sworn to and subscribed before me this 42'/ day of 01r 2� 19 NotAry Public, Baldwin County, Alabama ORDINANCE NUMBER 1048 — — AN ORDINANCE TO PROMOTE THE PUBLIC SAFETY, HEALTI 1 AlID WELFARE BY PROVIDING FOR THE INSTALLATION AND MAINTENANCE OF SPECIAL SEWER FACILITIES AS AN ALTERNATIVE TO UNDERGROUND ABSORP71ON SYSTEMS FOR PERSONS WITH N THE CITY AND ITS JURISDICTION: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 01 FAIRIIOPE, ALABAMA, as follows: Section 1. PURPOSE: The purpose and intent of this ordinance is to provide a means whereby certain areas within and without the City may be provided an alternative mbns of disposal of I sanitary waste other than the usual underground disposal method. Because nwch if not all of the area contemplated is not topographically suited to the usual gravity fine meets of sewage disposal, the City has engaged engineering expertise to provide special facilities within the service area which will diminish the reliance on septic tanks and drainfidds and thus reduce the environmental problems inherent to use of such systems in high density situations. t + Because of the interdependent nature of the facilities to be installed, it is critical that exact specifications be followed for equipment installed and methods of instadatiai To that end, it is necessary that the City promulgate the within controls over supply, inatallatkn% inspection and maintenance of required facilities. It is imperative that the City exercise strict control to that no one part of the system operates to the injury of another part; therefore, the City reserves the right to deny connection or diaeharge to its system from any facility where tie installer, owner or person in control fails or refuses to fully conform to the City's requirements as herein provided or referenced. In the event that any facility is operated in such a manner as to be a danger to other parts of the system, the City after having provided reasonable opportunity for the owner to make necessary correction may disconnect the facility from the system and take such legal action as may be required to have the premises vacated pending correction of the problem Section 2. DEFINITIONS: For purposes of this ordinance, the following terms, phrases, words I and their derivations shall have the meaning herein ascribed. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural; and words used in the male gender include the female and neuter. The word "shall" is always mandatory and not merely directory. Paid ...................... Unpaid ...✓........... I (a) "CITY" is the City of Fairhope, Alabama . . ........... I b) "COUNCIL" is the governing body of the City of Fairhope, Alabama Account No. 1 O 00e) ]� (c) "COUNTY" is Baldwin County, Alabama and includes reference to its departments and agencies. (d) "STREET' means any public way and includes the terms, highway, alley and public easement. e "PERSON" is an fi partnership, association, corporation, company or t () Y Pin. rtn, P R M rP P Y organization of any kind. (f) "QUALIFIED VENDOR!'- a vendor who has presented his qualifications, specifications and licenses to the Director of the Water/Sewer Department of the City indicating the ability to supply the equipment and/or supplies to the City's exact specifications. In the event of dispute as to qualifications, the Fairhope City Council shall make the final decision. The City shall not be open to qualification of new vendors more frequently than once each six calendar months. (g) "QUALIFIED INSTALLER" - an installer who has presented his experience record, qualifications, bonds, insurances certificates and licenses to the Director oft he Water/Sewer Department of the City indicating the ability to install the system components to the City's exact specifications. In the event of dispute as to qualifications, the Fairhope City Council shall make the final decision. The City shall not be open to qualification of new installers more frequently than once each six calendar months. A (h) "UNIT" for purposes of this ordinance mjWngtas singe family dwelling, any single family attached dwelling within any build' xy detached single office or commercial Ifacility, any attached office or commercia'ny building complex or any single rental unit within any apartment complac hotel, house or similar facility. (i) "SERVICE AREA" means any area within the City or its jurisdiction or where the City has authority over installation and maintenance of public utility lines, including facilities for water, natural gas and public sewer. 0) "ENGINEER" means the Alabama Registered Professional Engineer whose seal and signature appears on the Project Plans and Specifications. I (k) "PROJECT PLANS AND SPECIFICATIONS" means those engineering plans and Ispecifications prepared for the City for the purpose of planning and controlling installation of any special sewer project implemented under provisions of this ordinance. Term includes all contract documents related to the project. t (1) "SEWER MAINTENANCE FEE" means a one time monetary fee of Twelve Dollars ($12.00), per front foot of property served by sewer, which fee shall be due and payable at time of issuance of Authorization to Connect to the City's system. ' (m) 'SEWER USE FEE". For purposes of this ordinance, there shall be charged a monthly fee for use of the sanitary sewer facilities of the City which shall be computed at One Hundred (100) Percent of the amount billed for city water service during the same billing period and shall be due and payable on the same billing cycle as water. In the event that a sewer customer is in an area where only private water service is available, that customer shall be billed for sewer use at the flat rate of Twenty-two Dollars ($22.00) per calendar month, which sum shall be due and payable on the first of each month and shall be delinquent if not paid by close of business on the tenth day of the month. Fees are subject to increase by the City Council by the amendment of this ordinance. (n) "TAP FEE" means a one-time fee at the rate of Two Thousand Dollars ($2000 00) for each unit to be connected to the City's sewer system, due and payable at time of issuance of Authorization to Connect. (o) "DAMAGE AND MAINTENANCE BOND" means a surely bond issued by a company properly licensed and authorized to do business in Alabama in favor of the City fur the sum of Five Thousand Dollars ($5000.00) as a guarantee that the qualified installer shall indemnify the City for defect in materials or workmanship in the course of the construction for a period of one calendar year following issuance of Certificate of Inspection, after which if all deficiencies shall have been corrected by installer, said bond shall be of no further force or effect (p) "BLANKET PERMIT" means a permit issued by the County to allow all installers qualified hereunder to perform work within the limits of County's highway system pursuant to- installation of sewer facilities as provided herein. Section 6. TANWr shall be responsible for installation and maintenance of all piping from the inlet sWItinstallation lve to the grinder pump station and to the unit served. The owner "I not caudischarge of effluent from the property to the force main until after the City bas and issued its Certificate of Inspection and after payment of all fees remaining due. Section 7. AUTHORIZATIONS AND CERTIFICATE& No work shall be undertaken upon any service to any property until the City shall have issued an Authorization to Connect for such property No effluent shall be discharged to the force main from any property until the City shall have inspected the complete installation, including the grinder pump station, and shall have issued a Certificate of inspection for such property. Payment of all required fees shall be a condition precedent to issuance of such authorizations and certificates. All authorizations and certificates shall contain, at the minimum, the physical address and legal description of and the tax parcel identification number for the subject property; the name, address and telephone numbers of the owner and the installer/s; and the amount received for fees due. Copies -of all authorizations and certificates shall be transmitted to the County immediately after issuance. Authorizations.for work by an installer in default may be withheld pending cure of default. Section E. REMEDIES; Where premises are operating in non-compliance with the terms of I ordinance such as to be a public nuisance, the city attorney is authorized to fie a complaint in court of competent jurisdiction seeking the appropriate legal remedies. Section 9. PENALTIES. Any person violating any provrs.on of this ordinance shall be deer guilty of a misdemeanor and upon conviction of such shall be fined Two Hundred Dollars (S200.00) and may be sentenced to ten days in jail, at the discretion of the court, for the first offense; for each subsequent conviction, the defendant shall be fined not more than Five Hun Dollars (S500.00) and may be sentenced to not more than six months in jail, at the discretion the court. Section 10. SEVF.RABILITY. Ifany section, subsection, sentence, clause, phrase or porti this ordinance is for any reason held invalid or unconstitutional by any court of con•; etent jurisdiction, such portion shall be deemed a separate, distinct and independent provis-on and holding shall not affect the validity of the remaining portions hereof. Section 11. REPEALER. All provisions of all ordinances in conflict herewith are hereby repealed to and only to the extent of the conf.;ct with respect to work undertaken under provisions of this ordinance. Section 12. This ordinance sha!I take effect upon its due adoption and publication as required law. ADOPTED THIS THE 15th DAY OF Apri 1 199 9 (q) "APPROVED EQUAL" shall mean equipment or materials for which specifications have been Isubmitted to the Superintendent of the City Water/Sewer Department and the Engineer and found to be essentially equivalent to brand names speed herein. In the event of dispute as to ores P Nix, Mayo equivalency, the Council shall make the final decision. ATTEST: (a) Grinder Pumps; Grinder pumps shall be Environmental One, Model Number SGPC 1021L; Barnes, Model Number GP2010 or approved equal with a maximum pumping capacity of 17 gpm in low head conditions. At the property owner's option, the pumps may be obtained from the City upon reimbursement to the City of its actual cost thereof. (b) Corporation Stops and FittingC Corporation stops, valves and fittings shall be brass, Mueller, Ford or approved equal. I(c) Compression Saddle Clamps Compression saddle clamps shall be JCM, Mueller or approved equal. (d) Pressure Line: Pressure line shall be one and one-half inch inside diameter (I -1/2" l.D.) HDPE ISDR-15.5 (min) in accordance with AWWA C901 (latest edition). (e) Valve boxes shall conform to standard type currently in use by the City Section C. CONTROL OF THE WORK- All work shall be performed in strict compliance with the requirements of all applicable laws, regulations, ordinances and the project plans and specifications and shall be subjected to inspection by the City and the Engineer Work covered without inspection shall be rejected until proper inspection is performed. No work shall be begun and no force main shall be tapped until the City shall have issued an Authorization to Connect for the particular property, all fees due shall have been paid in full and the required bonds and certificates of insurance shall have been delivered by the installer to the City. No Certificate of Inspection shall be issued"by the City until all work has been found satisfactory and all fees then due shall have been paid in full. Section 5. SCOPE OF WORK: The work of the qualified installer shall consist of the live tap to the force main, directional bore under pavement, installation of corporation stop and fitting$, installation of l-t/2" diameterHDPE SDR "15.5 piping, gate valve, valve -box, fittings and check valve, all in with project plans and specifications. Upon expiration of the maintenance bond, the City stall assume maintenance ofthe system from the inlet side of the gate valve to the main. The City will perform no maintenance outside the limits of the right -of --way LILLIAN FIRST BAPTIST FULL GOSPEL Stephen D. Cloud, Min. cc o-ISam wS in -in, A.,7 -_-