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HomeMy WebLinkAbout06916Substituted Copy - 11125102 ORDINANCE NO. 6916 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE XII RELATING TO PUBLIC IMPROVEMENTS AND PLANNING AND IMPOSING A PAVEMENT IMPACT FEE WHEREAS, excavations in public streets have a detrimental effect upon streets and reduce the life expectancy of streets; and WHEREAS, persons excavating the public streets should pay a fee for the reduced life expectancy of city owned and maintained streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Section 3 of Chapter 6, Title XII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 12 -6 -3. Persons entitled to. The Director of Public Works shall upon filing a sufficient application and payment of the pavement impact fee computed in accordance with Section 4.1 of this Chapter grant permits to dig, open, excavate or cause to be dug, opened or excavated any street, alley, sidewalk or other public way or place in the City to the following: (1) Any person [filing an application under the provisions of this Chapter] who is licensed under the provisions of Chapter 1, Title IV of this Code to do excavation work; or (2) The Board of Water Works, School District No. 60, utility companies and person authorized by the City Council by ordinance, resolution or contract to perform work in or upon any street, alley, sidewalk or other public way or place in the City. SECTION 2 Subsection (d) of Section 4 of Chapter 6, Title XII of the Pueblo Municipal Code is repealed in its entirety: [(d) Applicants other than the Board of Water Works or School District No. 60 shall pay such fees established by resolution of the City Council, before the issuance of such permit; provided that no permit fee shall be refunded; and provided further that this provision shall not apply to permits issued to persons hired by or contracting with the City, the Board of Water Works or School District No. 60 to perform construction work in any public place.] SECTION 3 A new Section 4.1 of Chapter 6, Title XII of the Pueblo Municipal Code is adopted and enacted to read as follows: Sec. 12 -6-4.1 Pavement impact fee. u The provisions of this Section are intended to impose a pavement impact fee to be collected at the time of issuance of an excavation permit, in an amount calculated as shown in (b) below, but in no event less than the amounts shown in (c) below, for the purpose of recovering costs expended by the City for the reduced life expectancy of city - owned and maintained streets caused by the expected actions of applicants for said permits in the course of completing their work. The imposition of said fee is intended to regulate the actions of permittees in limiting the damages sustained to such streets, by keeping their damage - causing activities to a minimum. The revenue from said fees shall be added to funds of the City allocated for repairs, rehabilitation or replacement of city -owned and maintained streets, in order to provide for more frequent repair, rehabilitation and reconstruction necessitated by reduction in life expectancy caused by the actions of the permittees. All applicants for street excavation permits shall pay a pavement impact fee in an amount calculated as shown below before the issuance of such permits: Square Feet Fee per of Excavation Square Foot 1 to 100 $3.50 101 to 500 2.50 501 to 3.000 2.00 over 3,000 1.50 (c) In no event shall the pavement impact fee be less than $200.00 for excavations in collector or arterial streets, or less than $100.00 for excavations in minor and marginal access streets. No portion of a permit fee shall be refunded (e) The pavement impact fee shall apply to open cuts of pavement surfaces for excavation only. Such fee shall not apply to excavations in advance of new pavement constructions. The Director of Public Works may reduce or waive the pavement impact fee in consideration of the permittee reconstructing or overlaying the existing pavement. The pavement impact fee established above will be tripled for streets that have been constructed reconstructed, overlaid or have received a sealcoat within the five (5) years immediately preceding the date of the application for the permit. of The City and the Board of Water Works are exempt from paving a pavement impact fee provided that this exemption shall not apply to permits issued to persons hired by or contracting with the City or the Board of Water Works to perform construction work in any street alley, sidewalk or other public way or place in the City. SECTION 4 This Ordinance shall become effective immediately upon final passage and approve and shall apply to all applications for street excavation permits filed on or after January 1, 2003. INTRODUCED November 11, 2002 BY Al Gurule Councilperson APPROVED: .L� resident of City Council ATTEST: City C PASSED AND APPROVED: November 25. 2002