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HomeMy WebLinkAbout2024 Ordinance No. 016 1 ORDINANCE COUNCIL BILL NO. 14 NO. 16 INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER NUNNENKAMP AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTIONS 12-1A-4 REGARDING WATER METERED SERVICE WHEREAS, on April 5, 1990, the General Assembly of the State of Colorado enacted House Bill 90-1106, the “Water Metering Act”, mandating the use of metered water delivery and billing systems by water service suppliers in Colorado; and WHEREAS, metered service offers customers more accurate information on their water consumption patterns, leading to more efficient water use, and providing billing equity by ensuring customers only pay for their water use; and WHEREAS, the Water and Sewer Board has recommended Council adopt changes to Englewood Municipal Code to align with the Water Metering Act and promote equitable billing and efficient water use for the benefit of the city's residents and visitors; 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 ensure compliance with the Water Metering Act, billing equity, and efficient water use in the promotion of the public health, safety, and welfare of the City’s residents and visitors. 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 1A, Section 12-1A-4 of Englewood Municipal Code is hereby amended to read as follows (deleted provisions struck through; new provisions underlined): 12-1A-4: Meter Requirements. A. Owners of property with connections for residential use having taps one inch (1″) in diameter or larger, or for industrial or commercial use of any kind regardless of size of taps or service, or for residential use on premises with wading pools or other containers, whether permanently installed or not, with a capacity of two thousand (2,000) gallons or more which are filled from City supply, will be required to install water meters approved by the City. DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06 2 All owners of property having unmetered water service shall be required to install City- approved water meters within ninety (90) days after the sale or transfer of the property or change in property use from residential to commercial or industrial. Whenever a meter is to be installed, it shall be supplied by the City at the owner’s cost . B. When the City deems it to be in the best interest of the city and water consumers, the City may require any scheduled flat rate user to take his or her water through a meter at the rates set by the City Council. Whenever a meter is to be used, it shall be supplied by the City. All meters for new accounts shall be supplied at the cost of the user. A residential user having water service connected to the utility that does not have an installed water meter shall allow the utility to install a water meter at the rates set by the Fee Schedule for such user's residential water service following notice as provided in this Subsection. The utility shall notify the residential user of this requirement by sending by first class mail a written notice to the user at the address of the affected property at least thirty (30) days prior to the date stated in the notice by the Utilities Director as the date by which the water meter must be installed. Upon receiving such notice, the residential user shall follow the instructions in the notice by calling the utility to schedule the installation of the water meter by the City of Englewood or its designee by the required date. If the residential user fails to schedule or allow the utility to install the water meter by the required date, the residential user shall be deemed in violation of this Section and subject to the penalty provisions of Subsection H of this Section. C. All water meters shall be furnished by the City and shall remain its property and be accessible to and subject to its control; provided, however, that it shall be the property owner’s responsibility to reimburse the City for the cost of the meter upon installation at rates set by the Fee Schedule. D. All meters installed shall be the same size as the size of the service pipe, except in instances where premises have been vacated by a user that required a larger service pipe to supply its demands than that required by the new user. In such cases, the meter size may be reduced appropriately. E. All consumers' water meters shall be serviced and maintained by the City, and the cost thereof shall be paid by the City, except that in the case of malicious damage, the cost of the repair shall be paid by the Property Oowner of the meter. F. All meters shall be set or reset according to City standards in a proper watertight and frostproof pit within the limits of a public street or alley or inside a building located on the property to be served. In every case the meter shall be located: 1. So as to allow free and nonhazardous access for reading, removal, inspection and replacements. 2. When located inside a building, the meter shall be set so that the entire supply of water to the premises will be controlled by it at all times and shall have valves on both sides of the meter. DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06 3 3. When the rules and regulations of the City require metering and more than one service line is in use on a flat rate basis, each such service must be metered and separately connected to the main concurrently with the meter installation at the customer's expense. G. No person shall damage, deface, or tamper with any meter. Customers in violation shall pay the City tampering fee, plus double the City's cost and labor to repair and/or replace the meter and double the cost of water that would have been payable for the lawful use of water (if applicable); and could be subject to prosecution in Englewood Municipal Court. H. It shall be unlawful for a user not to have an installed water meter when required pursuant to this Section. Each day that a user fails to have an installed water meter as required by this Section shall be deemed a separate and distinct violation. Failure of a user to have an installed water meter shall also constitute a violation that subjects the user to discontinuance of water service. Section 2. 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 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 DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06 4 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 DocuSign Envelope ID: D432D761-4FE8-442E-AD13-12DB321E1D06 5 ATTEST: _________________________________ Stephanie Carlile, City Clerk 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