HomeMy WebLinkAbout1984 Ordinance No. 049I
ORDINANCE NO, .L./ q
SERIES OF 198_4 __
BY AUTHO R! TY
L'OUOCIL BILL NO , 53
I m'ROUJCED BY CXXJOC IL
MEMBER BRADSHAW
/IN ORDINIIN'.:E ASSESSING A OiARGE FOR REPEAT CAU:.S ON FROZE N SERVICE
LINES ON PRIVATE PROPERTY BY AMENDING TITLE XV , OiAPTER 3 , SEX:T!ON
42 OF THE ENGLEl'IOOD MUNICIPAL COD E '69, AS AMENDED .
WHEREAS , dur ing periods of extrene ly co ld tenpera tures ,
certain private serv i ce lines have frozen and the residents have
called the City of El1glewood to tha w those service lines ; and
WHEREAS , the Water Di vision has tha\.eJ those se rvices lines
no t in the public right-of-way and has re<.am,ended precautions to
b., t a ke n by the property owners to prevenl :he ser v ices lines fran
freezing d uring such ex trane ly er ld r riods; and
WHEREAS , sane property owners a , not fol low the recannenda-
tions of the Wa ter Division and allow tt.•:'I SE:rvices lines to re-
free ze , thereby cau sing the water Dl'1 i s t••li extra time and expense
to again r estore service to t he propcr t 1 ;
Nav, THEREFORE , BE lT ORDA INED BY THE CITY CXXJOC IL OF THE
CITY OF ENGLEl'/000 , COLORADO , as foll ows:
Section 1. Th at Title 'IN, Ch apter 3 , Section 42 , i s her e ~ ... ·
ane11ded by adding a new subsecti on (5) to re ad as foJ..~ws. -
15-3-4 2 :
'\)
NO RES EQNSIBILITY FOR DAMAGE
IN THE EVENT THAT '11m WI\TER DIVI S ION I S REQUESTED TO
AND OO ES THAW OR OTHERW !SE PROVID E RELATED SERVICES FOR
A FROZEN OR COLD -DAMAGED RES IDENT IP ·, SERVICE LINE THAT
IS NOT IN THE PUBL IC RI GHT-OF-WAY Bt.rr IS ON A
LICENS EE'S PRIVAT E PROP ER'rY , '11iE LICENSEE SHAIL PAY II
FE E TO '11m WI\TER DIVISION AMOONTING TO THE FAIR MARKET
VI\WE OF THE SER'."1CES PROVIDED FOR '1111\W lNG OR OTHE R AID
I N RESTOR I NG SERVICE TO THE PROPERTY , BUT IN NO EVEm'
LESS THAN ONE HUNDRill OO LLARS ($100). THIS FEE SHALL
NOT BE IMPOSED IF TH E LICE NSE E'S REQUEST FOR THAW ING OR
OTHER SERVICES IS HIS OR HER FI RST SI.C H REQU EST AND IF
THE LICENSEE HAS FOLJ:ruED /\NY AND AU:. PREVIOOS
RECOMM ENDED PR ECAUT IONS FROM '11lE WATER DIVISION
RF.G'IRD!NG THE LOCATION Of TH E LINES AND THE RISK OF
FRE EZING .
I N /\NY EVE1'1l', THE WATE H DIV I SION AND '11iE CITY OF
ENGLEl;OQD AR E NOT OB LIGATED TO PERFORM SI.CH SERVICES
NOR TO PROVIDE /\NY PRO'PEX:T ION FROM LEAKS OR FREEZING ON
THE LICENS EE'S PROPERTY, WHI CH IS SOLEL Y THE
RESPO NSIBILITY OF TH E LIC ENS EE.
Introduced , r ead in full, and passed on first reading on the
5th day of NOvenber , 1984 .
Publi shed as a Bill fo r a n Ordinance on the 7lh day of
NOvenber , 1984 .
Read by title and passed on fi nal reading on the 19th day of
NOvenber, 1984.
Published by title as Ordinance -00 .__!/__9_, series of 198 4 , on
the 21st day of NOvenber, 1984 .
l\tlest :
I , Gary R. Higbee , ex of ficio Citi· Clerk-Treasurer of the Ci ty
of Engle..ood, Colorado , hereby certify that the a bove and foregoing
is a true , accur ate and canplete copy of t he Ot ..1 i nance ~ssed on
final reading a nd published by title as Ordinance -oo .-4Jl-, series
of 1984.