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Subsection (d) of Section 4 of Chapter 6, Title XII of the Pueblo Municipal Code is repealed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