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HomeMy WebLinkAbout2025 Ordinance No. 023 1 ORDINANCE COUNCIL BILL NO. 23 NO. 23 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER PRANGE AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE C OF THE ENGLEWOOD MUNICIPAL CODE REGARDING EXTRATERRITORIAL WATER SERVICE REQUIREMENTS, CLARIFYING SERVICE CONNECTION STANDARDS, AND ESTABLISHING REQUIREMENTS FOR LEAD AND GALVANIZED STEEL SERVICE LINE REPLACEMENT. WHEREAS, the City of Englewood provides water service to certain areas outside its corporate limits; and WHEREAS, the City has an interest in maintaining the integrity and safety of its water system, ensuring compliance with state and federal water quality standards, and protecting public health by requiring the replacement of lead and galvanized steel service lines; and WHEREAS, the City Council finds that clarifying service connection requirements and lead and galvanized steel service line replacement obligations for extraterritorial water customers will promote the equitable and sustainable management of the City’s water resources. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 1, Chapter 6. The Sections provided below within Title 1, Chapter1, Article C, Section 2 of the Englewood Municipal Code shall be amended to read as follows (new provisions underlined; and deleted provisions crossed through): 12-1C-2: Ownership of Lines. Water service that originates from the City of Englewood’s water system to users located outside the City shall be provided through service lines, , mains or, other appurtenances installed by the individual or distributor. The City assumes no obligation for cost of constructing such lines, even when required under a distributor's contract that conveys ownership of the mains to the City. Docusign Envelope ID: 2F175550-D763-411D-932D-87A7FC4B80A8 2 The City reserves the right to require the replacement of lead and galvanized steel service lines for all extraterritorial water customers, in accordance with EMC § 12-1B-5, and may fund such replacements as provided by EMC § 12-1B-5. All extraterritorial water connections shall comply with the same standards and requirements as connections within the City’s corporate limits, including but not limited to, EMC §§ 12-1A-11, 12-1B-4, and 12-1B-5. All water service providedoutside the City’s corporate limits shall be metered at each individual service location, or as provided under a distributor's contract. Charges for service shall be set by City Council. Section 2. Amendment of Title 1, Chapter 6. The Sections provided below within Title 1, Chapter1, Article C, Section 4 of the Englewood Municipal Code shall be amended to read as follows (new provisions underlined; and deleted provisions crossed through): 12-1C-4: Service Requirements. Water service provided outside the corporate limits shall be subject to the following requirements and conditions: A. Service to Property Abutting City Limit 1. Only individual services are permitted, except where the property is in a legally organized water district. 2. A City-owned water main must be in place and in service along the street adjacent to the City limits. 3. Each individual tap must be made directly to the City main. 4. The maximum length of service line shall be one hundred twenty-five feet (125′) from the City main, at right angles to the main. 5. Each property owner receiving service shall pay the main line assessment on the same basis as properties within the City limits as set by rates by the City’s Fee Schedule. 6. If the premises to be served abut the City along an alley or lot line, and a City main is located within one-half (½) block, service may be permitted, and subsection 2 above may be waived and subsection 4 may be construed liberally, if the owner provides to the City a proper right of way or easement as directly as possible to the City water main. . B. Service to Property Adjacent to Existing Private Lines Installed Prior to City Taking Oover Water System from Denver 1. The private line shall currently be served by Englewood water subject to all conditions and requirements contained herein. Docusign Envelope ID: 2F175550-D763-411D-932D-87A7FC4B80A8 3 2. Additional individual taps may be added by owner only with written permission of City and only up to the capacity of said private line. 3. The private line may not be enlarged or extended to accommodate additional services. 4. The private line may not be tapped by anyone other than the owner without permission in writing from both the City and the owner of the line. C. Service to Property Requiring Water Main Extensions 1. Service may be extended only to areas approved by the City Council . 2. Service will be provided only under a distributor's contract, which may be entered into with:municipalities or quasi-municipal corporations (water districts), non-profit water users associations, or such other legal entities as may be recommended by the Water and Sewer Board and approved by the City Council. The City may, in its discretion, provide interim service under preliminary agreement with any person or corporation, prior to the formation of any of the foregoing legal entities satisfactory to the City, for a period of time as fixed by the City Council. At the expiration of such period, the preliminary agreement shall expire, and at time of expiration or prior thereto, a distributor's contract must have been entered into between the City and such approved legal entity. The City may require execution of a distributor's contract at the time of execution of the preliminary agreement and, in such event, said distributor's contract must be assigned and transferred to the approval legal entity on or before the expiration of the preliminary agreement or such distributor's contract shall be automatically null and void at expiration of such preliminary agreement. 3. All water mains within the area to be served shall be along dedicated public rights-of-way or recorded easements acceptable to the City. 4. Service shall be subject to City water system capacity y and other terms and conditions as set out under subsections 1 and 2. D. Service to Areas by Enlargement of Existing Water District 1. Areas seeking service through an expansion of an existing water district must fall within a City Council-approved service area . 2. The existing distributor’s contract must be renegotiated to reflect the expanded service area and associated infrastructure requirements. . 3. City approval shall be subject to the capacity and condition of the water mains serving the original water district, the City’s ability to service additional customers without compromising system reliability, and compliance with any additional terms and conditionsas set out under subsections 1 and 2 above. E. Lead and Galvanized Service Line Replacement for All Extraterritorial Customers Docusign Envelope ID: 2F175550-D763-411D-932D-87A7FC4B80A8 4 1. The City may require replacement of lead and galvanized service lines as a condition of continued service in accordance with EMC § 12-1B-5. 2. The cost of lead service line replacement may be covered in full or in part by the City, depending on funding availability, in accordance with EMC § 12-1B-5. 3. Property owners must comply with lead service line replacement directives within the timeframe established by state and federal law. 4. Failure to comply with a required lead service line replacement may result in termination of service or other enforcement measures as permitted under EMC. Section 3. 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 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. Docusign Envelope ID: 2F175550-D763-411D-932D-87A7FC4B80A8 5 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 21st day of April, 2025; and on second reading, in identical form to the first reading, on the 19th day of May, 2025. Othoniel Sierra, Mayor 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: 2F175550-D763-411D-932D-87A7FC4B80A8