HomeMy WebLinkAboutO-1062ORDINANCE NUMBER 1062
AMENDING ORDINANCE NO. 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 drain fields 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 & WATER USE FEE". The fee for the use of the sanitary
sewer and water services of the City shall be as follows:
S3 - residential out -city:
First 3,000 gallons or less (minimum).........................$9.15 plus
Next 17,000 gallons or less @......................................$2.35 per 1000, plus
All over 20,000 gallons @..................................................$1.85 per 1000
gallons
Bills are payable within ten (10) days from due date and, if not paid within such period,
may be increased as determined by the mayor and council.
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 shall be paid in the same matter as any
other utility bills. 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.
2
(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
SGPC1024L; 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.
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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. The rate amendments of this ordinance shall take effect August 1, 1999.
Section 13. The remainder of this ordinance shall take effect upon its due adoption and
publication as required by law.
ADOPTED THIS THE 26"' DA OF Jules, 1999.
Ja es P. Nix, Mayor
ATTEST:
Geniece W. Johnso , City Clerk
AFFIDAVIT.
This is to certify that the attached legal notice/advertisement
appeared in:
El The Baldwin Times, Bay Minette, AL
❑ The Bulletin, Daphne, AL
❑ The Fairhope Courier, Fairhope, AL
❑ The Independent, Robertsdale, AL
❑ The Onlooker, Foley, AL
❑ The Islander, Gulf Shores, AL
Gulf*-Ist Newspapers
a ers
P.O. Box 509
Robertsdale, AL 36567
Phone (334) 947-7712
state of Alabama
County of Baldwin YY COMMISSIN EXPIRES MAY 22, 2002
Sworn to and subscribed before me
this
day of
19
M t•4Kc(iI(/ �
Notary Public, Baldwin County, Alabama
a weekly newspaper published in Baldwin County, Alabama - UMBER loez I
Weekend Edition (includes The Fairhope Courier, The
On oker,
The Islander, and The Bulletin)
Publication Date Cost: words/inches x rate
-1-31 a O (on -. I t o
$ 3aCi. LPU
Legal Ad Representative
Gina L�ndell
BILL TO: t Q/ >t
ATTN
P.O./File Number
FOR OFFICE USE ONLY /
Paid ...................... Unpaid ............
Account No. (V0001(o
AMENDING ORDINANCE NO. 1048
AN ORDINANCE TO PROMOTE THE PUBLIC SAFETY, I IFALTH AND
WELFARE BY PROVIDING FOR THE INSTALLATION AND MAINTENANCE
OF SPECIAL SEWER FACILITIES AS AN ALTERNATIVE'ro UNDERGROUND
ABSORPTION SYSTEMS FOR PERSONS WITHIN THE CITY AND ITS
,JURISDICTION:
BE IT ORDAINED BY THE CITY COUNCIL OF TI IL CITY OF FAIRHOPE,
ALABAMA, as follows:
Section 1. PURPOSE: The purpose and intent of this ordinance is to provide a means
Lwhereby 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 drain fields 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 systcm 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 rel'crenccd. 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. t
(d) "STREET" means any public way and includes the terms, highway, alley and public
easement.
(e) "PERSON" is any person, firm, partn association, corporation, company or i
organization of any kind.
(f) "QUALIFIED VENDOR" - a vendor s 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,
t any single family attached dwelling within any building complex, any detached single
Ioffice 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 Iingincer 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. Tetra 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 & WATER USE FEE". The fee for the use of [he sanitary
sewer and water services of the City shall be as follows:
S3 - residential out -city:
First 3,000 gallons or less (minimum).........................$9.15 plus
Next 17,000 gallons or less @...................................... $2.35 per 1000, plus
All over 20,000 gallons @.................................................. $ I.85 per 1000
gallons
Bills are payable within ten (10) days from due date and , if not paid within such period,
may be increased as determined by the mayor and council.
t 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 shall be paid in the same matter as any
other utility bills. 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
t City for the sum of Five Thousand Dollars ($5000.00) as a guarantee that the qualified
Iinstaller shall indemnify the City for defect in materials or workmanship in the course
i 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
t pursuant to installation of sewer facilities as provided herein.
(c) COM12ression Saddle Clamor• Compression 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"
I.D.) HDPE SDR-15.5 (min) in accordance with AW WA C901 (hales[ edition).
t
I(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 [he 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, instillation of corporation
stop and fittings, installation of 1-1/2" diameter HDPE SDR 15.5 piping, gate valve,
Ivalve box, fittings and check valve, all in compliance with project plans and
t 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.
(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
t Engineer and found to be essentially equivalent to brand names specified herein. In the t
I event of dispute as to equivalency, the Council shall make (lie final decision. ,
Section 3. EQUIPMENT AND MATERIALS:
(a) Grinder Pumps; Grinder pumps shall be Environmental One, Model Number
SGPC1024L; Barnes, Model Number GP2010 or approved equal with a maximum
pumping capacity of 17 gpm in low head conditions. At the properly owner's option,
the pumps may be obtained from the City upon reimbursement to the City of its actual
cost thereof.
t (b) Corporation Stops and Fittings. Corporation stops, valves and fittings shall be brass,
Mueller, Ford or approved equal.
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
4ischarge 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 CERTIFICAT & 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 cerlificalcs 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 Ices due. Copies
of all authorizations and certificates shall be transmitted to the Counly 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 Ilse 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. The rate amendments of this ordinance shall take effect August I, 1999.
Section 13. The remainder of this ordinance shall take effect upon its due adoption and
publication as required by law.
ADOPTED THIS THE 261n DA OF July , 1999.
Jai es P. Nix, Mayor
ATTEST:
Geniece W. Johnso , City Clerk
C-7-31