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HomeMy WebLinkAboutordinance.council.039-81(Series of 1981) AN ORDINANCE ENTITLED "GENERAL PROVISIONS OF THE WATER UTILITY CODE," REPEALING DIVISION 1 OF ARTICLE III OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, AND ENACTING A NEW DIVISION 1 THEREOF IN ITS PLACE, ENTITLED "GENERAL PROVISIONS;" PROVIDING FOR THE ESTABLISHMENT AND OPERATION OF THE CITY OF ASPEN WATER UTILITY WHEREAS, the City Council has found it necessary to establish a comprehensive water rates system and connection charge system to adequately and fairly provide for the construction, operation, and maintenance of Aspen water utility; and WHEREAS, said systems require certain changes in the general provisions of the Water Service Section in which said rates and charges are provided, in order to make said provisions consistent therewith. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPENr COLORADO= Section 1 That Division 1 of Article III of Chapter 23 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as foliows= ARTICLE III DIVISION 1. GENERAL PROVISIONS Sec. 23-36. City of Aspen water utility operation and con- trol. The water collection, treatment, and distribution system owned and operated by the City of Aspen shall be known col- lectively as "The City of Aspen Water Utility." The opera- tion and management of this utility shall be under the con- trol o~ the City manager, who shall direct the construction of additions thereto and the maintenance and operation there- of and, in all cases not particularly provided for by this Code or other ordinance of the City, shall determine in what manner and upon what terms water may be taken from the water utility, by any property owner or water consumer and .the character of the connections and appliances which may be made or used therefor. Sec. 23-37. Powers and duties generally of director of treatment and supply. (a) The Director of Water Treatment and Supply shall, under the direction of the City manager, have charge of all facilities of the water utility, and it shall be his duty to supervise the water utility and maintain and control the same as directed by the City manager and as provided in this article. (b) The Director of Water Treatment and Supply shall have control of the laying of all water mains. The Director shall have the general supervision of the putting in of all utility connections, service pipes, or other connec- tions with the water mains f and the regulation of the water supply to all users of water. He shall also have charge of and be responsible for all tools, machinery, pipes, metersf fixtures, plumbing materials, and all other appliances owned by the City or used by it in the maintenance and operation of the water utility and shall keep account of all such material and the manner in which the same is used, kept, or disposed of. (c) It is hereby made the duty of the Director to manage the water purification plants and other water utility pro- perties; to periodically report to the City manager of his activities as Director and of the condition of the water utility; and to make such suggestions concerning the same as the nature of the service may require. (d) It shall be the duty of the Director to keep all fire hydrants in repair and test the same frequently to see if the same are in order, and he may let water from the hydrants whenever it shall be necessary for the testing of the condition of the waterworks, or for purifying the water, or for the repairing of the water utility, or for watering the trees in extreme need. (e) The water department shall install, maintain, and oper- ate special hydrants for street washing, construction works or other lawful purposes. The water department may grant permission to any person to draw water from these special hydrants. All water drafted for such pur- poses shall be assessed in accordance with applicable rates prescribed by this Article. The water department shall not grant permission for drafting of water from fire hydrants for street washing, construction and other unauthorized uses except in cases of extreme need. Sec. 23-38. Access to fire hydrants; unauthorized obstruc- tion or operation of hydrant prohibited; wrenches for fire hydrants. (a) The members of the fire department under the direction of the chief of the fire department or other officer in charge, shall at all times have free access to the fire hydrants in case of fire and for the purposes of clean- ing, washing or testing their engines or other appara- tus. (b) It shall be unlawful for any unauthorized person to open or operate any fire hydrants, draw water therefrom, or obstruct the approach thereto. (c) Wrenches for fire hydrants shall be furnished by the Director of Water Treatment and Supply to the fire department for the use of its members, and to such other persons as to him may deem proper, and it shall be un- lawful for any person to whom a wrench is furnished to permit the same to be taken from his control, to use the same, or to permit the use of the same by any other per- son or for other purpose than that authorized by the provisions of this article or by the director in pursu- ance thereof. Sec. 23-39. Inspection of premises receiving service. The City manager may from time to time direct that the Direc- tor of Water Treatment and Supply or other official designa- ted by him shall examine and inspect all premises where water from the water utility is used in or upon such premises in order to ascertain the nature, character, and extent of such water use, and the condition of the water pipes, fixtures, and appliances, and to determine if water is being wasted upon the premises. During the times that such inspections are being made, the Director or other designated official shall accurately tabulate the appliances and fixtures used for water as may be required in connection with the estab- lishment of the rate to be charged to any such premises and the report thereof shall be submitted to the City manager. Sec. 23-40. Trespassing on water utility property, injury to water utility, or obstruction to water utility. (a) It shall be unlawful for any person to injure or in any way damage or interfere with property or appliances con- stituting or being a part of the water utility, or any fence, guard rail, box cover or building, or any other structure constructed or used to protect any part of the water utility. (b) It shall be unlawful for any person, unless authorized by this Article, to trespass upon the water utility or the grounds upon which the same are constructed. (c) It shall be unlawful for any person to cast, place, pump, or deposit in the water utility any substance or material which will in any manner injure or obstruct the same. Sec. 23-41 - 23-53. Section 2 Res erred. If any section, subsection, sentence, clause, phrase, or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent prOvision, and such holding shall nOt affect the validity of the remaining portions thereof. Section 3 A public ~hearing on the ordinance shall be held on the~/-~ ~.~~ , 1981, in the City Coun- day of cil Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, ~READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on ~y /~ 1981. Herman Edel Mayor ATTEST: FINALLY adopted, passed and approved on the ~9~ day of , 1981. H e~ Mayor ATTEST: Kathryn S.~o'ch City Clerk~