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HomeMy WebLinkAbout1997 Ordinance No. 036• •t :.~ . ORDINANCE NO .!:/;; SERIES OF 1997 BY AUTHORITY ~ "1 ~ -'J.b6 I 10 b i COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER VORMITTAG/ HABENICHT AN ORDINANCE CREATING A CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND FOR THE CITY OF ENGLEWOOD, COLORADO. THE PURPOSE OF THIS ORDINANCE IS TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS WHICH REGULATE THE CONCRETE UTILITY BY CREATING IN TITLE 12, A NEW CHAPTER 8 -CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND. WHEREAS, in order to promote the public health, safety, and welfare by controlling the costs of concrete replacement and repair within the City of Englewood, Colorado; and WHEREAS, to establish a Concrete Utility and Concrete Utility Enterprise Fund to reallocate the cost and responsibility of maintaining the City's concrete infrastructure; and WHEREAS, 11-3B-1, E.M.C . makes it the responsibility of every property owner to maintain the concrete curbs, gutters, and sidewalks adjacent to their property; and WHEREAS, the City is responsible for maintaining all remaining concrete: returns, catch basins , crosspans, concrete alleys , and alley entrances ; and WHEREAS, the Concrete Utility and Concrete Utility Enterprise Fund will provide a type of "concrete insurance" at a reasonable cost ($5 to $7 per quarter for a typical residential property) and a convenient way to pay (96 % of the fees could be collected with the water and sewer bills ); and WHEREAS, the City would contribute its share of the fees just like any private owner; and WHEREAS, this new Chapter will provide for a portion of the concrete fees on corner properties to be paid by the City; and WHEREAS, the Englewood City Council finds that each owner of a lot or parcel of real property within the City, should pay for the use and the availability of use of the Concrete Utility and Concrete Utility Enterprise Fund; and WHEREAS, there will be a fee imposed for users of the Concrete Utility for the replacement and repair of concrete as described in this Chapter; and WHEREAS , such fee will be based upon the amount of concrete attributable to the property pursuant to this Ordinance ; -1- NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby approves the creation of a Concrete Utility and Concrete Utility Enterprise Fund by adding a new Chapter 8, to Title 12 of the Englewood Municipal Code 1985 , which shall read as follows : 12-8: CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND: 12-8-1: DEFINITIONS: BACK OF WALK: CORNER PROPERTY: IMMEDIATELY ADJACENT: INFRASTRUCTURE CONCRETE : SIDEWALK: THE EDGE OF A SIDEWALK IMMEDIATELY ADJACENT TO THE PROPERTY LINE . A LOT/PROPERTY AT THE JUNCTION OF AND ABUTTING UPON, TWO (2 ) OR MORE INTERSECTING STREETS HAVING AN INTERIOR ANGLE OF INTERSECTION OF NOT MORE THAN ONE HUNDRED THIRTY- FIVE DEGREES (135 °). NEAREST TO , BUT NOT NECESSARILY TOUCHING. CONCRETE THAT IS NON- ADJACENT TO PROPERTY LINES . (E.G. CURB RETURNS , CROSSPANS, CONCRETE ALLEYS AND ALLEY ENTRANCES ). CONCRETE SIDEWALKS WHICH ARE CONSTRUCTED FOR THE USE OF PEDESTRIANS AND WHICH ARE LOCATED BETWEEN THE ROADWAY OR CURB AND PRIVATE PROPERTY LINES . 12-8-2: RULES AND REGULATIONS; AMENDMENTS: RULES AND REGULATIONS OF THE CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND MAY BE ALTERED , AMENDED , OR ADDED TO FROM TIME TO TIME BY APPROVAL OF THE CITY COUNCIL. SUCH RULES AND REGULATIONS, TOGETHER WITH ALL AMENDMENTS , SHALL BE AVAILABLE FOR INSPECTION AT CITY HALL. -2- ' '' .. 12-8-3: CONCRETE UTILITY: A. THERE IS HEREBY CREATED A CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND UNDER THE CONTROL OF THE CITY MANAGER , EMPOWERED TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER . B. THE CITY MANAGER, SHALL BE RESPONSIBLE FOR THE MANAGEMENT OF THE CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND. THE CITY MANAGER OR HIS DESIGNEE MAY PRESCRIBE FORMS , RULES AND REGULATIONS IN CONFORMITY WITH THIS CHAPTER ; FOR THE ASCERTAINMENT , COMPUTATION AND COLLECTION OF THE FEES AND CHARGES IMPOSED IN THIS CHAPTER AND ANY FUTURE RESOLUTIONS OF THE CITY COUNCIL ; AND FOR THE PROPER ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. THE CITY MANAGER MAY DELEGATE THE ADMINISTRATION OF THIS CHAPTER OR ANY PART THEREOF, SUBJECT TO THE LIMITATIONS OF THE CHARTER AND CODE, TO DULY QUALIFIED DEPUTIES AND AGENTS OF THE CITY MANAGER. THE CITY MANAGER SHALL BE EMPOWERED TO MAKE DETERMINATIONS AS TO PROPER RESOLUTION OF DISPUTES ARISING FROM THIS CHAPTER , SUBJECT TO APPEAL . 12-8-4: SCOPE: A. ONLY CONCRETE CURBS , GUTTERS , SIDEWALKS, DRAINAGE FACILITIES , AND OTHER ASSOCIATED CONCRETE LOCATED WITHIN THE RIGHT-OF-WAY OF A PUBLIC STREET, BETWEEN THE BACK OF SIDEWALK ON ONE SIDE OF THE STREET AND THE BACK OF SIDEWALK ON THE OTHER SIDE OF THE STREET , IS ELIGIBLE FOR COVERAGE UNDER THIS CHAPTER. GENERALLY, CONCRETE BEYOND THESE LIMITS (BETWEEN BACK OF WALK AND PROPERTY LINES ) IS EXCLUDED FROM COVERAGE; ALTHOUGH EXCEPTIONS MAY BE ALLOWED AT THE DISCRETION OF THE CITY MANAGER OR HIS DESIGNEE. B . CONCRETE SITUATED ON PRIVATE PROPERTY IS NOT ELIGIBLE FOR COVERAGE UNDER THIS CHAPTER. C . THE UTILITY FEE FOR CONCRETE IMMEDIATELY ADJACENT TO PRIVATE PROPERTY WILL BE CHARGED TO THE OWNER OF SAID PROPERTY; FEES FOR NON-ADJACENT CONCRETE , BUT WITHIN THE ABOVE DEFINED LIMITS, WILL BE PAID BY THE CITY. D . THE CITY WILL BE A FULL PARTICIPANT IN THE CONCRETE UTILITY, PAYING THE SAME FEE AS OTHER PARTICIPANTS BASED ON THE AREA OF INFRASTRUCTURE CONCRETE AND CONCRETE ADJACENT TO CITY FACILITIES . E. MAINTENANCE OF CONCRETE IN PUBLIC ALLEYS REMAINS THE RESPONSIBILITY OF THE CITY. -3- F . THIS CHAPTER DOES NOT APPLY TO NEW CONCRETE, ONLY MAINTENANCE OF EXISTING CONCRETE. 12-8-5: AUGMENTS -DOES NOT REPLACE EXISTING PROVISIONS: A. THIS CHAPTER IS INTENDED TO AUGMENT EXISTING PROVISIONS OF THE ENGLEWOOD MUNICIPAL CODE BY PROVIDING FOR AN ALTERNATE MEANS OF FUNDING REPAIRS. OWNER'S RESPONSIBILITY UNDER 11-3B-1 OF THIS CODE DOES NOT CHANGE . B. EXCEPT AS AMENDED, EXISTING LAW DOES NOT CHANGE. 12-8-6: USER FEES: A . THERE IS HEREBY IMPOSED ON EVERY LOT OR PARCEL OF LAND WITHIN THE CITY A CONCRETE UTILITY FEE . THE CONCRETE UTILITY FEE SHALL BE REVIEWED ANNUALLY AND SET FROM TIME TO TIME BY ORDINANCE OF THE CITY COUNCIL AND SHALL BE BASED UPON THE AREA OF CONCRETE IMMEDIATELY ADJACENT TO THE LOT OR PARCEL. B . ALL MONIES RECEIVED BY THE CITY UNDER THIS CHAPTER SHALL BE PLACED IN A SEPARATE ACCOUNT AND EXPENDITURES THEREOF SHALL BE MADE ONLY FOR THE PURPOSE OF: 1. CONSTRUCTION, INSTALLATION , REPAIR , MAINTENANCE , IMPROVEMENT , REPLACEMENT AND RECONSTRUCTION OF PUBLIC CONCRETE IN THE CITY AND ALL OTHER FACILITIES NECESSARY TO ADEQUATELY PROVIDE FOR TRANSPORTATION IN THE CITY. 2. FUNDING OF ALL COSTS , INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE COSTS, STUDIES, EQUIPMENT, CONSULTANTS, LABORATORY TESTING, PERSONNEL COSTS, AND SYSTEM IMPROVEMENTS, NEEDED TO COMPLETE THE STUDIES AND MANAGEMENT PROGRAMS NECESSARY TO BRING THE CONCRETE WITHIN THE RIGHT-OF-WAY OF THE PUBLIC STREETS INTO COMPLIANCE WITH ALL STATE AND FEDERAL REGULATIONS AND THE REQUIREMENTS 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-OF- WAY OF THE PUBLIC STREETS . ALL REIMBURSEMENTS MUST BE PROPORTIONAL TO SERVICES RENDERED BY OTHER DEPARTMENTS , AND , LIKEWISE, PROPORTIONAL CREDITS SHALL BE RECEIVED FOR SERVICES RENDERED TO OTHER DEPARTMENTS BY THE CONCRETE UTILITY. -4- C. THE ENGLEWOOD CITY COUNCIL HEREBY GIVES APPROVAL OF ESTABLISHMENT OF A CONCRETE UTILITY USERS FEE OF SEVEN AND EIGHT-TENTHS CENTS ($0 .078 ) PER SQUARE FOOT OF CONCRETE PER ANNU M. D . THE CITY MAY PLEDGE CONCRETE UTILITY ENTERPRISE FUND FEES COLLECTED UNDER THIS CHAPTER, AND THOSE ANTICIPATED TO BE COLLECTED, TO THE RETIREMENT OF THE PRINCIPAL AND INTEREST OF REVENUE OR GENERAL OBLIGATION BONDS ISSUED BY THE CITY FOR FINANCING ANY OF THE ACTIVITIES OF THIS CHAPTER. E . THE CITY MAY PLEDGE CONCRETE UTILITY ENTERPRISE FUND FEES COLLECTED UNDER THIS CHAPTER , AND THOSE ANTICIPATED TO BE COLLECTED , TO PARTICIPATE WITH OTHER PUBLIC ENTITIES , HA YING A COMMON INTEREST, IN CONCRETE UTILITY PROJECTS . 12-8-7: CITY CONTRIBUTION FOR CORNER PROPERTIES: A. THE STREET ALONG WHICH THE LOT OR PARCEL IS LEGALLY ADDRESSED , OR STREETS PARALLEL OR NEARLY PARALLEL THERETO , SHALL BE DESIGNATED AS PRIMARY FRONTAGES , EXCEPT WHERE THE OWNER HAS NO ACCESS TO THE ABUTTING STREET, WHICH SHALL BE DESIGNATED AS A SECONDARY FRONTAGE. B. STREETS PERPENDICULAR OR NEARLY PERPENDICULAR TO PRIMARY FRONTAGES WILL BE DESIGNATED AS SECONDARY FRONTAGES . C . THE CITY WILL CONTRIBUTE 70 % OF THE FEE FOR SECONDARY FRONTAGES , BASED ON THE AREA OF CONCRETE THEREOF. 12-8-8: TEMPORARY EXEMPTION FOR CONCRETE UNDER WARRANTY - PARTIAL REDUCTION IN FEES: A. CITY ORDINANCE 11-3B-9, E.M.C ., REQUIRES CONCRETE CONTRACTORS TO WARRANT THEIR WORK FOR TWO YEARS FROM THE DATE OF COMPLETION . ANY EXISTING CONCRETE COVERED BY THIS TWO YEAR WARRANTY , OR ANY FUTURE CONCRETE NOT CONSTRUCTED BY THE UTI LITY MUST BE COVERED BY A WARRANTY AND WILL BE TEMPORARILY EXEMPTED FROM UTILITY FEES FOR THE WARRANTY PERIOD . B . ONCE THE CONCRETE WARRANTY EXPIRES , THE TEMPORARY EXEMPTION WILL EXPIRE , AND THE OWNER WILL BE REQUIRED TO RESUME PAYMENT OF FULL FEES . THE FEE WILL BE PRORATED TO THE DATE OF THE EXPIRATION . -5- C. THIS TEMPORARY EXEMPTION WILL BE ALLOWED ONLY FOR THE AMOUNT OF WORK ACTUALLY CONSTRUCTED (I.E. THE ENTIRE PROPERTY IS NOT EXEMPT , ONLY THAT PORTION OF THE CONCRETE ACTUALLY BUILT). 12-8-9: BILLING AND PAYMENT OF FEES: A. THE CONCRETE UTILITY FEES SHALL BE BILLED AND COLLECTED WITH THE QUARTERLY WATER AND SEWER BILL FOR THOSE LOTS OR PARCELS OF LAND UTILIZING CITY UTILITIES AND BILLED AND COLLECTED SEPARATELY AS FOR THOSE LOTS OR PARCELS OF LAND NOT UTILIZING CITY WATER AND SEWER UTILITIES . B. THE FEES CHARGED IN EACH BILLING PERIOD ARE EFFECTIVE UPON MAILING THE BILL OR NOTICE TO THE LAST KNOWN ADDRESS OF THE UTILITY USER SHOWN ON THE RECORDS OF THE CITY'S UTILITIES DEPARTMENT . C . ALL CHARGES FOR THE USE OF THE CONCRETE UTILITY PRESCRIBED BY THIS CHAPTER ARE DUE WITHIN THIRTY (30) DAYS AFTER THE DATE OF THE BILL AND ARE PAYABLE AT CITY HALL. 12-8-10: DELINQUENCY AND COLLECTION: A . DELINQUENCY SURCHARGE. FEES LEVIED IN ACCORDANCE WITH THIS CHAPTER SHALL BE PAID WITHIN THIRTY (30 ) DAYS FROM THE DATE OF BILLING TO THE CITY. IF THE BILL IS NOT PAID WITHIN SIXTY (60 ) DAYS AFTER BILLING, IT SHALL BE DEEMED DELINQUENT WHEREUPON A TWENTY-FIVE PERCENT (25 %) SURCHARGE SHALL BE IMPOSED FOR COLLECTION SERVICES . B. NONPAYMENT. ALL FEES AND ANY ACCRUED SURCHARGES SHALL BE A LIEN UPON THE BILLED PROPERTY FROM THE DATE SAID FEES BECOME DUE UNTIL SAID FEES ARE PAID . THE OWNER OF EVERY STRUCTURE OR PREMISES SHALL BE LIABLE FOR THE FEES , WHICH LIEN OR LIABILITY MAY BE ENFORCED BY THE CITY BY AN ACTION AT LAW OR SUIT TO ENFORCE THE LIEN. IN THE CASE WHERE THE TENANT IN POSSESSION OF ANY PREMISES PAYS THE FEES , IT SHALL RELIEVE THE PROPERTY OWNER FROM SUCH OBLIGATIONS AND LIEN, BUT THE CITY SHALL NOT BE REQUIRED TO SEEK PAYMENT FROM ANY PERSON OTHER THAN THE PROPERTY OWNER. NO CHANGE OF OWNERSHIP SHALL AFFECT THE APPLICATION OF THIS CHAPTER, AND THE FAILURE OF ANY OWNER TO DISCOVER THAT HE PURCHASED PROPERTY AGAINST WHICH A LIEN FOR FEES OR SURCHARGE EXISTS SHALL IN NO WAY AFFECT HIS LIABILITY FOR SUCH PAYMENT IN FULL. SAID DELINQUENT PAYMENTS , AND THE LIEN CREATED THEREBY, SHALL BE ENFORCED BY ASSESSMENT UPON THE PROPERTY AND PREMISES SO SERVED AND CERTIFICATION THEREOF TO THE COUNTY TREASURER FOR COLLECTION . -6- • 12-8-11: DEFERMENT PROVISION: A . ELIGIBLE PROPERTY OWNERS SHALL BE ALLOWED TO DEFER PAYMENT OF FEES UNTIL TRANSFER OF OWNERSHIP TO ANOTHER PERSON. ALL BACK FEES, PLUS INTEREST AT A RATE DETERMINED BY COUNCIL RESOLUTION SHALL BECOME DUE AND PAYABLE WITH TRANSFER OF OWNERSHIP. B . PROGRAM ELIGIBILITY IS DETERMINED BY THE ENGLEWOOD HOUSING AUTHORITY, ACCORDING TO FEDERAL STANDARDS INCLUDING VARIOUS FACTORS SUCH AS AGE , DISABILITY, INCOME LEVEL , AND THE ASSETS OF THE OWNER. C . APPLICATIONS WILL BE SUBMITTED TO THE ENGLEWOOD HOUSING AUTHORITY , WHO WILL PROCESS ALL APPLICATIONS AND DETERMINE ELIGIBILITY. E . APPLICATION FOR DEFERRAL CAN BE MADE AT ANY TIME . 12-8-12: VOLUNTARY NON-PARTICIPATION PROVISION: A. OWNERS MAY ELECT TO "OPT-OUT" OF THE UTILITY (NOT PAY UTILITY FEE ) AND FUND ALL REPAIRS PERSONALLY B . OWNERS WHO CHOOSE TO OPT-OUT OF THE PROGRAM MUST EXECUTE A VOLUNTARY NON-PARTICIPATION AGREEMENT . 1. THE AGREEMENT WILL STIPULATE THAT IN ORDER TO RE-ENTER THE UTILITY: a. ALL BACK FEES MUST BE PAID IN FULL. b. ALL CONCRETE MUST BE BROUGHT INTO COMPLIANCE WITH CITY STANDARDS, (I.E . REPAIRED ) AT OWNERS EXPENSE . C. THE AGREEMENT WILL ALSO STIPULATE THAT THE AGREEMENT WILL BE FILED WITH THE COUNTY CLERK AND RECORDER, AND WILL SERVE AS LEGAL NOTICE TO ANY FUTURE PURCHASER, OR OTHERS WITH A CURRENT OR FUTURE FINANCIAL INTEREST IN THE PROPERTY. D . NON-PAYMENT OF FEES WILL BE DEEMED A DELINQUENT ACCOUNT AND WILL NOT BE CONSIDERED AS A GROUND FOR NON- PARTICIPATION IN THE CONCRETE UTILITY PROGRAM . (I.E . VOLUNTARY NON-PARTICIPATION REQUIRES AN AFFIRMATIVE ACT TO "OPT-OUT" BY EXECUTING AN AGREEMENT, A PROPERTY OWNER MAY NOT JUST REFUSE TO PAY THE FEE ). E . THE OWNER UNDERSTANDS THAT HE WILL BE RESPONSIBLE FOR ALL REPAIRS (OPTING-OUT OF FEE DOES NOT CHANGE RESPONSIBILITY TO MAINTAIN CONCRETE). -7- 12-8-13: ADMINISTRATIVE REVIEW AND APPEALS: ANY OWNER WHO DISPUTES THE AMOUNT OF THE CHARGES MADE PURSUANT TO THIS CHAPTER, OR WHO DISPUTES ANY OTHER DETERMINATION MADE BY OR ON BEHALF OF THE CITY PURSUANT TO THIS CHAPTER, MAY PETITION THE CITY MANAGER FOR A HEARING ON A REVISION OR MODIFICATION OF SUCH CHARGE OR DETERMINATION NO LATER THAN THIRTY(30) DAYS AFTER HAVING BEEN BILLED FOR SUCH CHARGE OR AFTER HAVING BEEN NOTIFIED OF SUCH DETERMINATION. THE CITY MANAGER MAY CONDUCT SUCH A HEARING HIMSELF, OR AT HIS SOLE DISCRETION, MAY DESIGNATE AN OFFICER OR EMPLOYEE OF THE CITY AS A HEARING OFFICER WITH AUTHORITY TO HOLD SUCH HEARINGS . FURTHER APPEAL MAY BE MADE TO THE DISTRICT COURT AFTER A DECISION HAS BEEN MADE BY THE CITY MANAGER OR HIS DESIGNEE OR AFTER ONE HUNDRED AND TWENTY (120) DAYS IF A DECISION HAS NOT BEEN RENDERED BY THE CITY MANAGER OR HIS DESIGNEE. Section 2. Safety Clauses. The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 . Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance . Section 7. Within twenty-four months the City Council shall re-evaluate this issue to see if the City can take on additional liabilities. -8- • '• . ' . , Introduced, read in full, and passed on first reading on the 3rd day of March, 1997. Published as a Bill for an Ordinance on the 6th day of March, 1997. A Public Hearing was held on April 7, 1997. Amended and reintroduced, read in full, and passed as amended on the 21st day of April, 1997. Amended and reintroduced, read in full, and passed as amended on the 5th day ofMay, 1997. Published as amended on the 8th day of May, 1997. Read by title and passed on final reading on the 19th day of May, 1997. Published by title as Ordinance No-*., Series of 1997, on the 22nd day of May, 1997. ~d.(b Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy ,q~the Ordinance passed on final reading and published by title as Ordinance No.~ Series o 1997. -9- t t" • . ' A COUNCIL COMMUNICATION •------,-------....------ Date May 5, 1997 INITIATED BY Agenda Item 1 0 a i STAFF SOURCE Subject Amend Bill for an Ordinance , Concrete Utility Department of Pub li c Works Charles Esterly , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION To reallocate the cost and responsibility of maintaining the City's concrete infrastructure. This topic has been discussed numerous times since it was first presented to Council in 1988, including a citizen/staff Concrete Task Force, and most recently , discussed at the study session on December 2nd , 1996 . The Bill for an Ordinance was passed on first reading on March 3rd , followed by a Public Hearing on April 71h . RECOMMENDED ACTION Staff recommends Council approval of the addition of a provision that would require Council to further evaluate the level of city participation in the Concrete Utility within twenty-four months . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • ection 11-3B-1 of the Munic ipal Code makes it the responsibility of every property owner to maintain the concrete urbs , gutters . and sidewalks adjacent to their property . The City is responsible for maintaining all remaining concrete: returns , catch basins , crosspans , concrete alleys , and alley entrances . The Concrete Utility will provide a sort of "concrete insurance" at a reasonable cost ($5 to $7 per quarter for a typical reside nti al property) and a conven ient way to pay (96% of the fees could be collected w ith the water & sewer bills ). Th e C ity would contribute it's sh are of the fees just like any private owner. In this propos al, a portion of the fees for concrete on corner properties would be exemp t ed . This results in a reduct ion in fees to corner properties which the C ity in general would pay for. At the Decem ber 2nd study session , staff was direc~ed to evaluate the feas ibil ity of offering a 50% exemption vs a 70% exemption for t hese properties. FINANCIAL IMPACT Approximate ly $567 ,000 in fees would be co llected each year, of which the C ity overall would pay $174 ,000 and indiv idual pro perty owners would pay $393 ,000 . LIST OF ATTACHMENTS Amendment to Bill fo r an Ordinance ' JOL F 'DEPT'll'1.JB_'M:>R K'GRO'..P~L '"tOJECTS'£:0NCUTIL'DROl ~NCE'COUNC tl COMM '3.00C Rw-.ci: ~7