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HomeMy WebLinkAbout1999 Ordinance No. 038• • • ORDINANCE NO. gL SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 12, CHAPTER lB, SECTION 10, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO FIRE HYDRANTS . WHEREAS , in the past problems have arisen due to unauthorized persons taking water from fire hydrants; and WHEREAS , there have been damages resulting from using improper connections and fittings, as well as revenue lost from uncollected fees; and WHEREAS, the proposed Ordinance will prohibit fire hydrant use except by permits issued by the City; and WHEREAS, the permits would be issued to companies or individuals that are able to demonstrate knowledge of proper hydrant operation; and WHEREAS , the permit will allow the water to be taken through a meter at a designated hydrant using a backflow assembly ; and WHEREAS, the Englewood Water and Sewer Board reviewed this issue at their meeting in October, 1998 and recommends Council approval; 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 amends Title 12, Chapter lB, Section 10, of the Englewood Municipal Code 1985, to read as follows: 12-lB-10: CONNECTIONS TO FIRE HYDRANTS: No connection shall be made to any fire hydrant CONNECTION TO FIRE HYDRANTS IN THE CITY OF ENGLEWOOD SHALL BE PROHIBITED except by an employee of the City for Municipal purposes OR BY AN OFFICIAL OF ANY FIRE DEPARTMENT OR DISTRICT FOR FIRE SUPPRESSION OR EMERGENCY PURPOSES. !Fhe DiI'ectoP of Utilities THE CITY MANAGER or his/hey designee may authorize , BY A PERMIT, exceptions when necessary to meet emergencies OR WHEN A COMPANY OR PRIVATE INDIVIDUAL , WHO IS ABLE TO DEMONSTRATE THE POSSESSION OF PROPER EQUIPMENT AND KNOWLEDGE OF HYDRANT OPERATION, REQUIRES THE TEMPORARY USE OF LARGE AMOUNTS OF WATER. WATER SHALL BE TAKEN FROM THE HYDRANT THROUGH A METER WITH A BACKFLOW ASSEMBLY AND FLOW ADJUSTING VALVE TO BE SUPPLIED BY THE APPLICANT. WATER MAY BE TAKEN ONLY FROM THOSE HYDRANT(S) WHICH THE CITY SHALL APPROVE OR DESIGNATE. THE APPLICANT SHALL PAY A DAJ.\1AGE DEPOSIT ESTABLISHED BY THE CITY, A PERMIT FEE FOR USE OF THE HYDRANT, THE MINIMUM CHARGE FOR TEN THOUSAND GALLONS OF WATER (10,000), AND THE CURRENT PER THOUSAND GALLON -1- 10 b iii CHARGE FOR ANY AMOUNT OF WATER TAKEN OVER TEN THOUSAND GALLONS. 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 8. Penalty. The Penalty Provision of E .M .C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 6th day of July, 1999. Published as a Bill for an Ordinance on the 9th day of July, 1999. Read by title and passed on final reading on the 19th day of July, 1999. Published by title as Ordinance No. 3E', Series of 1999, on the 23rd day of July, 1999. -2- . ' • • • • • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing i s a true copy of the Ordinance passed on final reading and published by title as Ordinance No . 3a, Series of 1999 . -3- . ''.. ' • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Ordinance Change for Fire July 6, 1999 10 a ii Hydrant Permit Initiated By Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board , at their October 13 , 1998 meeting , recommended Council approval of the ordinance change 12-1 B-1 O: Connections to Fire Hydrants. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Problems have arisen in the past due to unauthorized persons taking water from fire hydrants. There have been damages resulting from using improper connections and fittings, plus revenue has been lost from uncollected fees. The proposed ordinance change would prohibit fire hydrant use except by a permit. Permits would be issued to companies or individuals that are able to demonstrate knowledge of proper hydrant operation. Water shall be taken through a meter at a designated hydrant using a backflow assembly . FINANCIAL IMPACT Applicant shall pay a damage depos it , a permit fee for use of the hydrant and a minimum charge for 10 ,000 gallons of water at the current rate. LIST OF ATTACHMENTS Proposed Ordinance 12-1B-10