HomeMy WebLinkAbout2024 Ordinance No. 015
1
ORDINANCE COUNCIL BILL NO. 12
NO. 15 INTRODUCED BY COUNCIL
SERIES OF 2024 MEMBER ANDERSON
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
SECTIONS 12-1-1, 12-1A6, 12-1A-7, 12-1A-8, 12-1A-11, 12-1B-4, 12-
1B-5, 12-1B-6, 12-1B-7, 12-1B-8, 12-1B-9, 12-1B-10, 12-1B-11, 12-1B-
12, 12-1B-13 AND 12-1B-14 TO IMPLEMENT THE CITY’S LEAD
SERVICE LINE REDUCTION PROGRAM
WHEREAS, under Englewood Municipal Code Section 12-1-2, the City Council
of the City of Englewood may alter rules and regulations regarding the Municipal Water
System to promote public peace, health, and safety; and
WHEREAS, the risk of lead exposure from corroding lead or galvanized drinking
water service laterals and connectors is well documented; and
WHEREAS, the City has privately owned existing lead or galvanized water service
lines connected to the distribution system; and
WHEREAS, the City Council seeks to address the needs of the City and take
proactive measures to ensure the water quality at every tap of Utility customers meets the
water quality standards specified by the Federal Safe Drinking Water Act, the
Environmental Protection Agency (“EPA”), and the Colorado Department of Public Health
and Environment (“CDPHE”); and
WHEREAS, as a second step in a multi-phase project to achieve these goals, the
City requires all existing lead service lines and connectors and galvanized service lines and
connectors connected to the distribution system to be abandoned and replaced with water
service lines and connectors constructed of approved materials in accordance with City
procedure; and
WHEREAS, the Water and Sewer Board has recommended Council adopt changes
to Englewood Municipal Code to achieve these goals; and
WHEREAS, the Englewood City Council finds and declares that the adoption of
amendments to Title 12, Chapter 1 to the Englewood Municipal Code as set forth herein
are needed to facilitate the second step of a multi-phase effort at the reduction of lead and
galvanized steel service lines and connectors and are proper for the reasonable needs and
desires of the City and in the promotion of the public health, safety, and welfare of the
City’s residents and visitors.
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 12, Chapter 1, Section 12-1-1 of Englewood Municipal Code is hereby amended to
read as follows (deleted provisions struck through; new provisions underlined):
12-1-1: Definitions.
The following definitions shall apply to this Chapter:
A. Air Gap: A physical separation of the potable and the nonpotable water systems by
an air space (air gap). This will be a vertical distance between a supply pipe or faucet
supplying potable water and the flood rim of a tank, pumping fixture or other device that
holds or collects nonpotable water. The distance between the two (2) will be at least two
(2) times the diameter of the potable outlet but never less than one inch (1″). In the case
where an emergency bypass of an air gap is needed, an approved reduced pressure principle
device shall be installed within the bypass.
B. Approved: Accepted by the City as meeting the specification stated or cited in this
Chapter.
C. Auxiliary Water Supply: Any water supply on or available to the premises other
than the purveyor's approved public potable water supply. This auxiliary supply may
include water from another purveyor's public potable water supply or any natural source(s)
such as a well, spring, river, stream, etc., or reused waters or "industrial fluids." These
supplies may be polluted or contaminated or may be objectionable and constitute an
unacceptable water source over which the City does not have sanitary control.
D. Back Pressure: Backflow caused by a pump, elevated tank, boiler or means that
could create pressure within the system greater than the supply pressure.
E. Back Siphonage: The flow of water or other liquids, mixtures, or substances into
the distribution system of the potable water supply system from any source caused by the
sudden reduction of pressure in the potable water supply system.
F. Backflow Preventor: A device or means designed to prevent backflow or back
siphonage.
G. Certified Inspector and Tester: A State certified tester from the City will inspect,
test, and certify all approved devices. If additional inspectors and testers are needed, the
City will provide a list of certified inspectors and testers.
H. Check Valve: A self-closing device which is designed to permit the flow of fluids
in one direction and to close if there is a reversal of flow. The single check valve is
considered to be an approved backflow prevention device only in limited instances and
only on individual review by the City.
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
3
I. Contamination: An impairment of the quality of the potable water by sewage,
industrial fluids or waste liquids, compounds or other materials to a degree which creates
an actual hazard to the public health through poisoning or through the spread of disease.
J. Critical Level: Level C-L or C/L marking on a backflow prevention device or
vacuum breaker which is a point conforming to approved standards and established by the
testing laboratory (usually stamped on the device by the manufacturer) which determines
the minimum elevation above the flood-level rim of the fixture or receptacle served at
which the device may be installed. When a backflow prevention device does not bear a
critical level marking, the bottom of the vacuum breaker, combination valve, or the bottom
of any such approved device shall constitute the critical level.
K. Cross Connection: Any physical arrangement whereby a public water supply is
connected, directly or indirectly, with any other water supply system, sewer, drain, conduit,
pool, storage reservoir, plumbing fixture, or other device which contains, or may contain,
contaminated water, sewage, or other waste or liquid of unknown or unsafe quality which
may be capable of contamination to the public water supply as a result of backflow. Bypass
arrangements, jumper connections, removable sections, swivel or changeover devices, and
other temporary or permanent devices through which, or because of which, backflow could
occur are considered to be a cross connection.
L. Cross Connections Controlled: A connection between a potable water supply
system and a nonpotable water system with an approved backflow prevention device
properly installed that will continuously afford the protection commensurate with the
degree of hazard.
M. Customer-Side Service Line:
1. Residential. For single-family structures, Tthe water service line from the inlet of
the curb stop to the first shut-off valve connection to premise plumbing inside the property.
Where there is no curb stop, the Customer-Side Service Line is the water service line from
the outlet of the water meter to the first connection to premise plumbing inside the property.
2. Industrial, Multifamily, and Commercial. For any structure other than a structure
for a single-family residence, including without limitation industrial, multifamily,
and commercial buildings, the water line from the water main to the first
connection to the premise plumbing inside the property.
3. All of the building's plumbing is part of the Customer-Side Service Line.
N. Degree of hazard: The evaluation of the potential risk to public health and the
adverse effect of the hazard upon the potable water system. There are several categories,
some of which are health hazard, plumbing hazard, pollutional hazard and system hazard.
O. Distribution System: The network of water pipes, hydrants, valves and
appurtenances including mains and service lines, owned and operated by the City and/or
Utility used for the delivery of water from the Source to the Customer Side Service Line.
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
4
P. Double Check Valve Assembly: An assembly of two (2) independently operating,
approved check valves in one casing with tightly closing shut-off valves on each side of
the check valves, plus properly located test cocks for the testing of each check valve. The
entire assembly shall meet the City's approval.
Q. Flood-Level Rim: The edge of the receptacle from which water overflows.
R. Galvanized Requiring Replacement (“GRR”): A water service line constructed of
galvanized iron or steel, that is currently or has previously been connected to lead material.
The Utility will assume all galvanized material in the distribution system to be classified
as GRR. The term includes the Customer-Side Service Line and/or the Utility-Side Service
Line.
S. Hose Connection Vacuum Breakers: A single check with atmospheric vacuum
breaker vent. Installation is directly on hose bibbs, service sinks and wall hydrants, not for
continuous pressure.
T. Industrial Fluids System: Any system containing a fluid or solution which may be
chemically, biologically or otherwise contaminated or polluted in a form or concentration
such as would constitute a health, system, pollutional, or plumbing hazard if introduced
into an approved water supply. This may include, but not be limited to: polluted or
contaminated waters; all types of process waters and reused waters originating from the
public potable water system which may have questionable sanitary quality; chemicals in
fluid form; plating acids and alkalies; circulated cooling waters that are chemically or
biologically treated or stabilized with toxic substances; contaminated natural waters such
as from wells, springs, streams, rivers, irrigation canals or systems, etc.; oils, gases,
glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in
industrial or other purposes or for fire fighting purposes.
U. Irrigation System: An automated or mechanical means of watering (turf, shrubs,
trees, plants or any organic growth).
V. Lead Reduction Program: A project or activity that aims to lower the concentration
of lead in drinking water by the (i) replacement of lead service lines; and (ii) testing,
planning, or other relevant activities, as determined by the City Manager, to identify and
address conditions (including corrosion control) that contribute to increased concentration
of lead in drinking water.
V W. Lead Service Line (“LSL”): A water service line constructed of lead. The term
includes the Customer-Side Service Line and/or the Utility-Side Service Line.
W X. License: The permission to use water for the purpose specified in the authority to
use.
X Y. Licensee: Any person, corporation, governmental authority or agency authorized to
use water under a license.
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
5
Y Z. Meter: Any device used to measure the volume and/or flow rate of water through
that device and shall include the use of any and all necessary accompanying equipment
including, but not limited to, meter pits, electronic data transmitters, and connecting
hardware.
Y AA. Nonpotable Water: Water that is not safe for human consumption or that is of
questionable potability.
Z BB. Plumbing Contractor: A person, firm, corporation or other entity licensed by the
State of Colorado as a master plumber and under bond to the City to perform plumbing
work in the City.
AA CC. Pollution: The presence of any foreign substance (organic, inorganic,
radiological or biological) in the water that may degrade the water quality so as to constitute
a hazard.
BB DD. Potable Water: Water free from impurities in amounts sufficient to cause
disease or harmful physiological effects, conforming with State of Colorado drinking water
regulations.
CC EE. Premises: A tract of land with buildings thereon.
DD FF. Property: Property as defined in EMC § 15-1-2.
EE GG. Property Owner: A person or legal entity having a possessory interest, legal
or equitable, in property, which defined term includes an estate, trust or lien.
FF HH. Reduced Pressure Principle Device: An assembly of two (2) independently
operating, approved check valves in one casing with an automatically operating differential
relief valve between the two (2) check valves, tightly closing shut-off valves on either side
of the check valves plus properly located test cocks for the testing of the check and relief
valves. The entire assembly shall meet the design and performance specifications and
approval of the City.
GG II. Reuse Water: Any or all water that has been from the potable water supply and
mixed, used or altered in any way that or would constitute a health or potential hazard.
HH JJ. Service Line or Pipe: All piping lawfully installed between the water main (or an
extension thereof) and the licensee's property lines.
II KK. Source: Includes all components of the facilities utilized in the production,
treatment, storage, and delivery of water to the distribution system.
JJ LL. Submerged Inlet: A water pipe or extension thereto from a public water supply
terminating in a tank, vessel, fixture or appliance which may contain water of questionable
quality, waste or other contaminant and which is unprotected against backflow.
KK MM. Utility-Side Service Line: For residential properties, Tthe City-owned
portion of the water service line is from the water main to the inlet of the curb stop, not
including the curb stop. Where there is no curb stop, the City-owned portion of the water
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
6
service line is from the water main to the water meter, including the water meter. For
Industrial, Commercial, and Multifamily, the water main.
LL NN. Utility System: The source facilities and the distribution system and shall include
all those facilities of the water system under the complete control of the utility up to the
point where the customer-side service line.
MM OO. Vacuum: Any pressure less than that exerted by the atmosphere.
NN PP. Vacuum Breaker, Atmospheric Nonpressure, Type: A vacuum pressure
breaker designed so as not to be subjected to static line pressure or installed where it would
be under pressure for not more than twelve (12) hours in any twenty four (24) hour period.
OO QQ. Vacuum Breaker, Pressure Type: A vacuum breaker designed so as to be
subjected to static line pressure. The single unit will be supplied with shut-off valve on
each side and ball type test cocks.
PP RR. Water Service Connection: The terminal end of a service connection from the
public potable water system where the water utility loses jurisdiction and sanitary control
over the water system (see definition of customer-side service line). There shall be no
unprotected takeoffs from the service line ahead of any meter or backflow prevention
device located at the point of delivery to the customer's water system. Service connection
shall also include water service connection from a fire hydrant and all other temporary or
emergency water service connections from the public potable water system.
QQ SS. Water System: All facilities owned and operated by the City of Englewood that are
involved in the production, treatment, or distribution of water to the City’s customers.
Section 2. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-6 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1A-6:Irrigation Privileges.
A. Unless treated water is used through a City meter, a License shall be required to
irrigate lawns, shrubs and gardens.
B. City Council (or the City Manager’s designee, in times of emergency) may
impose restrictions on treated water usage and/or irrigation to maintain a water
supply adequate to meet all needs of the inhabitants of the City.
Section 3. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-7 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1A-7: Unauthorized Use, Waste of Water.
A. Unauthorized Use. Unauthorized use of water from the distribution system is
prohibited, including using water before a meter is set, tampering with a meter,
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
7
illegally diverting water, withdrawing water from a hydrant without a permit or meter,
or using withdrawing water the City has turned off under EMC § 12-1-D4 before the
City restores service. In addition to any applicable liability or penalties under law, any
unauthorized water use will be charged at the same rate as authorized use, the
unauthorized use of water fee set by City Council, plus any additional costs incurred
by the City arising out of the unauthorized use.
B. Waste. Water shall be used only for beneficial purposes and shall never be wasted.
Water for irrigation of lawns shall only be used during the hours and in the manner
specified by the City Manager’s designee. No spray or sprinkler shall be placed in a
position to throw water on a public walk, driveway, street or alley while irrigating
adjacent areas, unless absolutely necessary.
Section 4. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-8 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1A-8: Damage to Fixtures, Responsibility.
The City, in any capacity, shall not be responsible or liable for damages to the
Customer-Side Service Line or any privately owned piping or fixtures served by or
connected to the water system, whether located in or upon public or private property, nor
for damage to any person whomsoever or property whatsoever resulting from the existence,
use, arrangement of or accident to such water system; except, however, under the following
conditions:
A. Residential Water Lines.
1. The City shall repair, replace, lower or thaw residential service lines within
the public right of way as defined under § EMC 11-7-2, and under the
following conditions:
a. A leak exists or occurs in that section of the licensee's service within
the public right of way, i.e., between the curb stop and the supply main.
b. The service line within the public right of way shall freeze or fail as a
result of freezing.
2. Should the City determine that the 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:
a. Lower the service line from curb stop to the premises served, or
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
8
b. Take whatever precautions would be necessary to avoid service line
failure between curb stop and the licensed premises by means
approved by the City.
3. Should the licensee or consumer fail or refuse to take such necessary
precautions to avoid failure of the service line from curb stop to the licensed
premises, then the City shall not be held liable or accountable for damages
because or on account of such failure.
4. 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 City 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 City 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.
5. In the event that the City is requested to and does thaw or otherwise provide
related services for a frozen or cold-damaged residential service line that is
not in the public right of way but is on a licensee's private property, the
licensee shall pay a fee to the City amounting to the fair market value of the
services provided for thawing or other aid in restoring service to the
property, but in no event less than one hundred dollars ($100.00). This fee
shall not be imposed if the licensee's request for thawing or other services
is his or her first such request and if the licensee has followed any and all
previous recommended precautions from the City regarding the location of
the lines and the risk of freezing.
B. Industrial or Commercial Service Lines. The City shall not be responsible for the
repair or replacement of service lines to industrial or commercial properties, or
properties with combined residential and commercial or industrial use where
these lines are a part of the Customer-Side Service Line as defined in this Title.
C. Permittee Responsibility. In any event, the City is not obligated to perform such
services nor to provide any protection from leaks or freezing on either residential,
industrial, or commercial property, which is solely the responsibility of the
permittee.
Section 5. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-11 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1A-11: Inspection; Access to Property.
For inspection of Customer-Side Service Lines, meter installation, and meter reading
purposes, duly authorized employees of the City shall be allowed free access at all
reasonable hours to any property where water is used. All such employees shall carry a
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
9
City identification card signed by the City Manager and shall display the same upon request
to the occupant of any premises to which access is sought. Areas of the property deemed
reasonably necessary by the City to conduct such inspection, including the Customer-Side
Service Line, shall be open for inspection at all reasonable times to authorized
representatives of the City to inspect for safety hazards, Customer-Side Service Line
material and specifications, and violation of EMC. Should access be denied or the City
discover a violation of EMC, or State or Federal statutes relating to plumbing and water
supplies or the regulations adopted pursuant thereto, the City may deny or immediately
discontinue service to the premises by providing for a physical break in the service line
until the customer has corrected the condition(s). The City shall not be liable for any
damages resulting from any inspection or disconnection of service under this Chapter.
Section 6. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-4 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-4: Service Pipe Specifications.
A. Specifications of Service Pipe: Customer-Side Service Lines and Utility-Side Service
Lines must be of the following specifications:
1. Copper Pipe: All service pipe shall be not less than Type "K" soft copper tubing
conforming to standard specifications.
2. Service Pipes: Service pipes shall extend into the premises or riser as specified,
and in no case shall be smaller than three-fourths inch (¾") diameter. All
sillcocks, faucets or hydrants used for irrigation purposes shall be fed through a
three-fourths inch (¾") pipe or larger.
3. Other materials may be used only upon the express approval of the City.
4. Any existing LSL and GRR connected to the Water System shall be abandoned
and replaced with water service lines constructed of materials approved by the
Director of Utilities as set forth in EMC § 12-1B-5.
B. Placement of Service Pipe: All service pipes must be laid at the same elevation of the
water main of which its connected to least five feet (5') below the established grade
of the street in which they shall be laid and in all places at least five feet (5') below
the established grade of the street surface of the ground. All service pipes shall be
located such that there is a five foot (5') minimum horizontal and an eighteen inch
(18'') minimum vertical separation from all other underground utilities including, but
not limited to, sewer pipes, gas pipes, electrical, telephone and other cables. All
plumbing shall be so installed and of such material as to withstand safely the perils
surrounding their condition of operation and use.
Section 7. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-5 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
10
12-1B-5: Lead and Galvanized Water Service Line Abandonment and Replacement.
A. Identification of Lead or Galvanized Customer-Side Water Service Lines. Upon 30
days written notice from the Director of Utilities or their designee, and written consent
on a form approved by the Utilities Director by the Property Owner of a property
connected to the distribution system, the Property Owner shall allow the City to
inspect the Customer-Side Service Line to determine the material of construction.
B. Replacement and Scheduling. All existing LSL or GRR service lines connected to
the distribution system shall be abandoned and replaced with water service lines
constructed of approved materials as set forth in the City’s Design and Construction
Standards and Specifications, as amended. The abandonment and replacement of LSL
or GRR service line shall be completed under a schedule established by state and
federal law.
C. Customer Side Service Line Replacement. Before scheduling the replacement of any
Customer-Side Service Line, the Director of Utilities or their designee shall inspect
the Customer-Side Service Lines for the presence of LSL or GRR under 12-1B-5-A.
If the Customer-Side Service Line is found to be constructed of LSL or GRR material,
the Director of Utilities or their designee will provide written notice to the Property
Owner and make a minimum of four outreach attempts, by at least two different
methods, to obtain the Property Owner’s consent to replace the Customer-Side
Service Line during the Lead Reduction Program schedule. This replacement must be
coordinated with the City of Englewood Utilities Department.
1. Replacement of the Customer-Side LSL or GRR under the Lead Reduction
Program must be completed at the time the Utility-Side Service Line is
replaced or as otherwise scheduled by the Lead Reduction Program. The
Property Owner may replace the Customer-Side LSL or GRR at a time that
is independent of the Lead Reduction Program at their own expense and in
coordination with the Utilities Department.
D. Maintenance of Newly Constructed Customer-Side Service Line. Except for any
construction warranty period agreed in writing regarding the abandonment and
replacement of the Customer Service Line, the Property Owner shall be responsible
for the maintenance of any newly installed Customer-Side Service Line constructed
under the Lead Reduction Program. The new Customer Service Line will be installed
under a workmanship warranty of at minimum one year.
E. Funding for Replacement of LSL or GRR Service Lines under the Lead Reduction
Program. The City’s Lead Reduction Program will cover all costs associated with
replacing any affected Utility-Side Service Line, as scheduled by the program, subject
to annual appropriation. The City will cover the costs associated with replacing any
affected Customer-Side Service Line subject to annual appropriation and the
following:
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
11
1. The Customer-Side Service Line is attached to a Utility-Side Service Line
scheduled for replacement.
2. The Property Owner consents in writing to have the replacement work completed
under the Lead Reduction Program on a form approved by the Director of Utilities.
3. Determination by the City that sufficient funds are available to replace the
Customer-Side Service Line. Such determination shall be provided in writing to the
Property Owner.
4. The Property Owner shall agree to the replacement schedule set by the City. If
the Property Owner refuses to replace the Customer-Side Service Line at the time
of the scheduled replacement by the City after four outreach attempts, the property
will be identified on a list maintained by the City as refusal to replace, and any
replacement of the Customer-Side Service Line shall be at the Property Owner’s
expense. All owners of property having any Customer-Service Line made of LSL
or GRR shall be required to replace their Customer-Side Service Line within ninety
(90) days after the sale or transfer of the property or change in property use from
residential to commercial or industrial. The City will fund any LSL replacement of
the Customer-Service Line to the extent the Lead Service Reduction Program has
not been discontinued and subject to appropriation.
F. Penalties. Any person who violates any provision of this Section may be subject to a
fine as set forth in the City’s Fee Schedule. Each day a violation continues may be
considered a separate offense.
G. Discontinuance of Service. In addition to other penalties, the City may, after at least
thirty (30) days' notice, discontinue water service to such property where the Property
Owner interferes with the replacement of the Utility Side replacement or where the
Property Owner fails to replace their Customer-Side Service Line after the sale or
transfer of property as required by this Section.
Section 8. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-6 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-6: Service Line; Maintenance Of:
A. Responsibility for the maintenance and replacement of the Utility-Side Service Line
and appurtenances thereto shall be borne by the City. Responsibility for the
maintenance and replacement performed outside of the work scheduled by the Lead
Reduction Program of the customer-side service line and appurtenances thereto shall
be borne by the Property Owner unless otherwise agreed to by the City.
B. The Property owner shall keep the customer-side service line and all pipes and fixtures
connected to the water system on their property in good repair so as to prevent waste
of water or hazards from entering the water supply. Where more than one premises
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
12
are connected to a single service line, the owners of the respective premises shall be
jointly and severally responsible for the maintenance and repair of the service line
which is the owner's responsibility.
C. If the City discovers a violation of this Title, the City shall provide notice by first
class mail to the property owner at the address of the affected property. If the property
owner fails to correct the violation within the date set forth in the notice, the property
will be deemed to be in violation of this Title and subject to water shut-off and a fine
as set forth in the City’s Fee Schedule. The City may undertake maintenance and
replacement of the customer-side service line subject to reimbursement to the City.
The City does not assume any obligation nor acquire any liability whatsoever for
damage to the connecting property or any portion thereof or to any other properties
caused by or resulting from any maintenance or construction work undertaken under
this Section.
Section 9. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-7 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-5 7: Materials Purchased from City.
In the case of permanent connections to the mains of the City water system, or the
transfer of service from flat rate water to metered water, the applicant shall purchase from
the City the following materials:
A. The tapping saddle and corporation stop by which connection is made to the
main, and the curb stop valve.
B. Water meter and radio frequency encoder receiver transmitter, and meter yoke
and pit when required.
Section 10. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-8 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-68: User to Provide Curb Stop.
Every owner of property using water shall provide a curb stop on the service pipe
outside of their premises protected by a valve box, by means of which the water may be
turned on or off from the premises by any employee of the City, and shall maintain the
same in good working order. In the case of properties where the domestic water supply is
connected to a fire line, the domestic water connection to the fire line shall be at the
property line and both the fire line and the domestic water service shall be protected with
curb valves by which the two services may be shut off independently at property line. The
valve box shall be so maintained that at all times it will be conveniently accessible in good
order for turning water on and off with the cover at the level of the adjacent ground. If the
Property Owner fails to maintain the curb stop in working order, the City will replace the
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
13
curb stop and a fee for labor shall be assessed as set by City Council, which shall be due
and payable by the Property Owner and shall be billed to the property by the City within
thirty (30) days after the service has been performed. If City personnel are required to
clean out a Property Owner's valve box, for whatever reason, either at the request of the
Property Owner for an emergency or for a delinquent turn-off, a fee as set by City Council
for labor shall be assessed, which shall be due and payable by the Property Owner and shall
be billed to the Property by the City within thirty (30) days after the service has been
performed. The City does not assume any obligation nor acquire any liability whatsoever
for damage to the connecting Property or any portion thereof or to any other properties
caused by or resulting from any maintenance or construction work undertaken under this
Section.
Section 11. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-9 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-79: Number of Users on Service Restricted.
A. More Than One Premises To A Service Connection Prohibited: Each premises or
property or building(s) situated on a premises or property in a manner which would
allow the premises or property to be subdivided and the building(s) sold separately
shall be served by a separate service connection directly to the nearest main without
crossing other adjoining premises or properties and with separate curb stops involving
only one account when water is turned on or shut off. Extension of service to another
premises or building from an existing service connection is prohibited and shall be
subject to shutoff without the City being liable for any damage. Exceptions to this
requirement may be granted by the City Manager or designee with the concurrence of
the Water and Sewer Board upon a review of a written request of the property owner,
in which the property owner illustrates with both written and graphic descriptions,
why the exception should be granted. Existing premises, properties or buildings which
do not conform to this requirement may maintain their service connection
configurations unless and until such time, in the opinion of the City Manager or
designee with the concurrence of the Water and Sewer Board, the service must be
separated.
B. Two Or More Users On Same Service Line: In case two (2) or more users are supplied
from the same service line, if any of the parties fail to pay the water charges when
due, or to comply with any rule of the City, the City reserves the right to shut off the
water to the whole service until such charges are paid, or the rules strictly complied
with, and it is expressly stipulated that no claim for damage or otherwise may be made
against the City by any user whose water charges have been paid or who has complied
with the rules of the City, because of such turnoff, it being expressly stipulated that
the necessity for such shut off shall be deemed to be the joint act of all served through
such service.
Section 12. Amendment of Englewood Municipal Code
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
14
Title 12, Chapter 1B, Section 12-1B-10 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-810: Temporary Connections.
Temporary connections to the water system for special purposes will be granted in
proper cases upon application. Licenses for water for building purposes will be issued only
upon the submission to the City of the plans and specifications of the work to be done for
which water will be required, from which the charges to be made will be computed; and in
all cases payment in advance for the water shall be a condition precedent to the issuance of
a permit for an attachment to the water system for use under such license. When the use of
water for construction purposes has terminated, the contractor shall notify the City. The
City will then turn the water off, and leave the water turned off until a license for the use
of water has been obtained by the owner or occupant.
Section 13. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-11 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-911: Street Cuts.
Any Plumbing Contractor who shall make a cut or excavation in a street for the
purpose of installing a service pipe shall first obtain a permit from the City and shall pay
the charges established by EMC § 11-3C-3 to cover replacement of the pavement or other
surfacing.
Section 14. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-12 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-1012: Connections to Fire Hydrants.
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. The City Manager or 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 damage
deposit established by the City, a permit fee for use of the hydrant, the minimum charge
for ten thousand (10,000) gallons of water, and the current per thousand gallon charge for
any amount of water taken over ten thousand (10,000) gallons.
Section 15. Amendment of Englewood Municipal Code
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
15
Title 12, Chapter 1B, Section 12-1B-13 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-1113: Water Supplied From Other Sources.
No water service or connection will be granted to service premises supplied with water
from any source other than the City water system; provided, however, that if the owner of
the premises so supplied from a source other than the City water system shall enter into an
agreement, binding on himself and the successive owner or owners of the premises to be
supplied, whereby such owner agrees not to make or permit any cross-connection between
the City water system and any other supply or system for or upon such property, and shall
either pay the scheduled flat rate for such premises without deduction for any benefit
derived from any outside source of supply, or shall install a meter for such premises and
pay for water at the scheduled meter rates, a service or connection may be granted to such
premises.
Section 16. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-14 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-1214: Inspection of Work.
Upon completion of the work of installation, the water shall be turned off and left off
until turned on by the City or upon its written order. Water will not be turned on to any
premises, except for construction purposes, unless and until the plumbing shall have been
completed and passed by the City for plumbing and until payment of the proper charges
shall have been made at the City.
Section 17. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. 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.
B. 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.
C. 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
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
16
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.
D. 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. This Safety Clause
is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper,
the City’s official website, or both. Publication shall be effective upon the first publication
by either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
this Ordinance, and the City Clerk is hereby authorized and directed to attest to such
execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem
is hereby authorized to execute the above-referenced documents. The execution of any
documents by said officials shall be conclusive evidence of the approval by the City of
such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance, and has authority to correct formatting and/or typographical
errors discovered during codification.
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal
Code or applicable law, violations shall be subject to the General Penalty provisions
contained within EMC § 1-4-1.
Introduced and passed on first reading on the 15th day of April, 2024; and on second
reading, in identical form to the first reading, on the 6th day of May, 2024.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06
17
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of an Ordinance, introduced and passed in
identical form on first and second reading on the dates indicated above; and published
two days after each passage on the City’s official website for at least thirty (30) days
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
Stephanie Carlile
DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06