HomeMy WebLinkAbout1979 Ordinance No. 028..
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ORDINANCE NO . 28
SERIES OF 1979
BY AUTHOHITY
COUNCIL BITJI, NO. 2 6
INTRODUCED BY
COUNC II.MAN Mb t:H:L ______ _
AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS;
RES T RICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE,
RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF
WATER SERVICE LI NES WITHIN THE PUBLIC RIGHT-OF'-WAY IN THE CITY
OF ENGLEWOOD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLO RADO, as follows:
Section 1 .
That Section 42, Article IV, Chapter 3, Title XV, of the
'69 E .M.C. is hereby amended to read as follows:
15-3-42: NO RESPONSIBILITY FOR DAMAGE
(a) Neither the Water Division nor the City
in a ny cd p aci ty shall be responsible or
liable for damages to privately owned
piping or fixtures s~rvcd by or connected
to the water system, whether locutc<l in
or upon publi c or private property, nor
for damage to any person whomsoever or
property whatsoever resulting from the
existence, use, arrangement of, or acci-
dent to such water system; EXCEPT,
HOWEVER, UNDER THE FOLLOWING CONDITIONS:
(1) THE CITY, THROUGH ITS WATER DIVISION
AND AT ITS OPTION AND EXPENSE, SHALL
REPAIR, REPLACE, LOWER, OR THAW
HOUSE SERVICE LINES, OR ANY OF 'l'HE
ABOVE, WITHIN THE PUBLIC RIGHT-OF-
WA'l, AND UNDER THE FOLLOWING CONDI-
TIONS:
(i) A LEAK EXISTS OR OCCURS IN
'rHAT SEcrrION OF 'I'IIE LICENSEE' s
SERVICE WPJ.'IUN '!'HE PUBLIC
RIGHT-OF-WAY, i.e., BETWEEN
'fHE CURD S'l'Ol' AND 'l'Jlg SUPPLY
MAIN .
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(ii) THE SERVICE LINE WITHIN THE
PUBLIC RIGHT-OF-WAY SHALL
FREEZE OR FAIL AS A RESULT
OF FREEZING.
(b) SHOULD THE WATER DIVISION DETERMINE
THAT LICENSEE OR THE CONSUMER SERVICE
LINE IN THE PUBLIC RIGHT-OF-WAY MUST BE
LOWERED BECAUSE OF EXPOSURE TO DAMAGE FROM
FREEZING, THE LICENSEE OR CONSUMER SHALL
TAKE NECESSARY PRECAUTIONS TO EITHER:
(i) LOWER THE SERVICE LINE FROM
CURB STOP TO THE PREMISES
SERVED, OR
(ii) TAKE WHATEVER PRECAtrrIONS
WOULD BE NECESSARY TO
AVOID SERVICE LINE FAILURE
BETWEEN CURB STOP AND THE
LICENSED PREMISES BY MEANS
APPROVED BY THE WATER
DIVISION.
(c) SHOULD THE LICENSEE OR CONSUMER FAIL OR
REFUSE TO TAKE SUCH NECESSARY PRECAUTIONS
TO AVOID FAILURE OF THE SERVICE LINE FROM
CURB tiTOP TO THE LICENSED PREMISES, THEN
NEITHER THE CITY NOR THE WATER DIVISION
SHALL BE HELD LIABLE OR ACCOUNTABLE FOR
DAMAGES BECAUSE OR ON ACCOUNT OF SUCH FAIL-
URE.
(d) IN THE EVENT THAT THE LICENSEE OR CONSUMER
DESIRES OR SHALL DESIRE TO LOWER THE SERVICE
LINE FROM THE LICENSED PREMISES TO THE CURB
STOP, THE WATER DIVISION SHALL ALSO LOWER
THE SERVICE LINE FROM CURB STOP TO THE
SUPPLY MAIN IN ORDER TO AVOID FAILURE OF SAID
LINE IN THE PUBLIC RIGHT-OF-WAY. THE WATER
DIVISION MAY TAKE SUCH OTHER OR DIFFERENT
ACTION TO PROVIDE THAT THE SERVICE LINE IN
THE PUBLIC RIGHT-OF-WAY SHALL NOT FAIL AS
A RESULT OF THE LOWERING OF THE SERVICE LINE
FROM THE LICENSED PREMISES TO THE CURB STOP.
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Introduced, read in full, and passed on first reading
on the 18th day of June, 1979.
Published as a Bill for an Ordinance on the 20th day
of June, 1979.
Read by title and passed on final reading on the 2nd
day of July, 1979.
Publi•hed by title as Ordinance No. 28 , Series of
1979, on the 3rd day of July, 1979. ----
Mayor
Attest:
1x':~urer
I, William o. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance passed on final reading and published by title as
Ordinanc No. 28 , Series of 1979.
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ex off ici Clerk-Treasurer
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