HomeMy WebLinkAbout2008 Ordinance No. 066•
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ORDINANCE NO . ft.ft_
SERIES OF 200 8
BY AUT II ORIT\'
COUNC lL BILL NO . 73
INTRODU CED BY COUNCIL
MEMBER MOORE
AN ORDINANCE AMENDING TITLE: 12, CHAPTER 8, SECT ION 6 OF THE
ENGLEWOOD MUNI CIPAL CO DE 2000 PERTAINING TO THE USER FEES FOR
THE CONCRETE UTILITY AND CONCRETE UTILITY ENTE RPRISE FUND FOR
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, th o Engle wood Munic ipal Code sets fonh "propeny owners are responsib h
fo r th e maintenance of concrete curbs, gutters, and si dewalks adjacent to thei r propeny"
I 1-7-18 EMC; and
WHEREAS , the City Co uncil of the City of Englewood, Co lora do approved Ordinao c :
No . 36, Serie s of 1997 establishing the Concrete Utility and Concre te Utility Enterprise FunJ
and created a funding mechanism to he lp owners with th eir financial respons ibility fo r
co ncrete maintenance; and
WHEREAS , the Concrete Util it y provides a type of co ncrete repair in surance and n
convenient way for o,,11ers to pay for the cost of co ncrete main tenance (96% of the fees ..... e
collected with the water and sewer bills); and
WHEREAS , the Ci ty participates for intersec tion corners, all ey entran ces , dra inage cros s
pan s, concrete alleys, and pays fo r 70% of the avenue costs ; and
WHEREAS, Ordinance No . 36 , Series of 1997 estab lished the fee at $0.078 per square
foot of concrete ; and
WHEREAS . the passage of thi s Ordinance will allow the Englewood Ci ty Council to
establish fees per City Reso lution ;
NOW , THEREFOR E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Setlli!!LL The City Council of the City of Englewood, Co lorado hereby authorizes
amendin g Title 12, Chapter 8, Sect ion 6 of th e Englewood Municipal Code 2000 to read as
follows :
12-8: CONC RETE UTILITY AND CONC RET E UTILITY ENTERPRISE .-UNO
12-8-6 : User Fees.
A. There is hereby impo sed on every lot or parcel of land within th e Cit y a concrete
utility fee. Th e co ncrete utility fee shall be re viewed annu ally an d set from time to
time by ....i......... ~ of the City Co uncil and shall be base d upon th e area
of co ncrete imm ed iatel y adjacent to the lot or parcel.
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B. All monies rec eived by th e Cit y under this Chapter shall be pl aced in a separate
acco unt and expenditures thereof shall be made on ly for the purpo se of:
l . Constru cti on, installation , repair, maintenance, imp ro vemen t, repla ce ment
nnd reconstruction of publi c concrete in the City and all other faci lities
necessary to adeq uate ly provide for transpo rt ation in the Cit y.
2. Funding of all costs, including but not limited to administrative costs,
studies, r.a_uipment , consultants, laboratory testing, personnel costs, and
sys tc-m improvements , needed to complete the studies and management
prrgrams necessary to bring the concrete within the right-of-way of the
public streets into complian ce with all State and Federal regulations and the
requiremc.nts of the City as contained herein .
3. Reimbursing of other City fund divisions for expenses incurred in the
operation, repair and maintenance of the concrete within the right•.:,f.way of
the public streets. All reimbursements must be proportional to services
rendered by oL'ter departments , and, likewise, proportional credits ,,hall be
received for services rendered to other departments by the concrete 11tility.
C. The Englewood City Council hereby gives approval for establishment of a
concrete utility users fee of eo OR ORd oiglll IOAthe BOAis {SQ.Q?gl per •~Yen feet
efeenerete per oruu.m which shall be fixed bx resolution ofCitY Councl.
D. The City may pledge Concrete Utility Enterprise Fund fees co ll ected under this
Chap ter, and tho se anticipated to be collected, to the retirement of the principal
and interest of revenue or general obligatir,n bonds issued by the Ci ty for financing
any of the activities of this Chapter.
E. The City may pledge Concrete Utility Enterprise Fund fees co llected under thi s
Chapter, and thos e anticipated to be collected, to pat1icipate with other public
entities, having a common interest , in concrete utilit y project s.
Section 2. Safety Clauses. The City Counci l hereby finds, determines , and declares that
this Ordinance is promulgated under the general police power of the City of Englewood ,
that it is p•smulgated for the health, safety, and welfare of the public , and that this
Ordi nance is necessary for the preservation of health and safety and for the protection of
public convenience and welfare . The City Council funher determines that the Ordinance
bears a rati ona l relation to the prope r legi slative object sought to be obtained.
~.ti on 3. Severability . If any clause, sentence, paragraph , or part of this Ordinance
or th e application thereof to any person or circumstances sha ll for any reason be
adjudged by a court ofcompetentju1,sdiction invalid , such judgment sh,11 not affect,
impair or invalidate the remainder of this Ordinance or its application to other persons or
circumstances .
Secti~ Inconsistent Ordinances . All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the ext ent of suc h inconsistency or conflict.
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Secti on 5. Effect of repea l or modification . The repeal or modi fi c['ti on of any
provi sion of th e Code of the Ci ty of Englewood by thi s Ordi nance shall not release,
extinguish , alter, mod ify, or chan ge in whole or in pan an y penalt y, forfeiture, or
li ab il ity, either civil or criminal , which shall have been incurred under suet: r ro vision,
and each provis ion shall be trea ted and held as still remaini ng in force for the purposes
of sustaining any and all pro per actions , suit s, proceedings , and prosec uti on; fo r th e
enforcement of the penalty, forfeiture , or liabilit y, as well as for the purpose of
sustaining any judgment , decree , or order which can or ma y be rendered , entered , or
made in such acti ons , suits , proceedi ngs, or prosecutions .
Section 6. Penally The Penalty Provisio n of Sectio n 1-4-1 EMC shat! apply to each
and every violation of this Ordinance .
Introduced , read in full, and passed on fir st reading on the 20th day of October, 2008 .
Published as a Bill for an Ordinance in the City's official newspaper on the 24° day of
October, 2008 .
Published as c Bill for an Ordinance on the City 's official website beginning on the 22nd
day of October, 2008 for thiny (30) days.
Read by title and passed on final reading on the 3rd day of November, 2008 .
Published bl title in the City 's official newspaper as Ordinance No~ Series of
2008, on the 7 da y of November, 2008 . t:;k ,~JL .D &uA~--~,-~ ..... ~
( LoucrisiaA . Elli s, City Cle rk
I, Loucri slti a A. Ellis , City Clerk of the City of Englewood , Colorado, here by cenify
that the above and foregoing is a tru! ~PY of the Ordinance passed on final reading and
published by title as Ordinance NoUft, Series of 2008.
/ ~£,
Loucrishia A. Ellis
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• CO UNCIL COMMUNI CATI ON
D ate: Agenda Item : Su b ject:
O ctober W , 2008 11 a iii Amend ment to i\1\unicipa l Code rega rding
Co ncre te U tili ty
Initiat ed By: I Staff So urce :
D epartmen t o f Publi c Works Ric k Kahm , Direc tor
COUNCIL GO AL AND PRE VI OUS CO UNCIL ACTION
Co unci l approve d O rdin ance No. 36, Se ries of 199 7, crea ting the Concrete Utility and Co ncrete
Utility En terprise Fund.
RECO MMENDED ACTIO
Staff recommer.ds Co unci l adopt a bi ll fo r an o rdinar.7,' am endin g th e "Us er Fee" sec tior, o f the
Concre te Utility and Co ncrete U tility Enterprise Fund .
• BACKGROUND , ANALYSI S, AND ALTERNATIVES IDENTIFIED
Per sec ti on 1 1-7-18 of th e i=~g lewood Municipal Code (EMC), properly owners are responsibl e fo r
th e ma intenance of concrete c urbs, gutters, an d si dewa lks adjacent l o th eir pro p erty . Th e Concrete
Utflity \Ma~ formed in 199 7 to crea te a fundin g meclrn nism to help ow ners with th eir fin ;rncia l
res ponsibit,t y for co ncrete maint enan ce. Th e Utili ty pro vid es a type of "concrete r pair ln suran e"
and a co nve nient way for ow ner!-to pay (96 % of th e fees ar e co ll ec ted with th e Welle r and sewe r
bills). The City parti ci pa tes in the costs for intersecti o n corn ers, all ey ent, ances, drainage c ross p ans ,
concrete alleys; additi o nall y, the City pays 70% o f th e ave nu e cos ts.
Sec ti o n 12-8-6 (User Fees) o f th e EMC es tablish ed the fee al se ve n and eight-tenths ce nts ($0.078)
per squari:? fo ot of r ..... 1K rete and requires an or dinan ce to char.ge th e fee. Staff recom mends
chan ging th e exis l;1,g o rdinance to ,1ll ow City Council to estahli sh fe es per City Resolutio n.
FINANCI AL IMP ACT
N o immediat e fina ncia l impact will resu lt fro m th is change to th e EM C. H owever, pendin g approval
of thi s change to th e u dinan ce, staff will pr ese nt a resoluti on reco mm endin g a 2 5% inc reas e i11 the
fees fo r th e Co nc rete U til ity fo r 2009 .
LIST OF ATTACHMENTS
• Bi ll fo r an Ordinance