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HomeMy WebLinkAbout06968ORDINANCE NO. 6968 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE XII RELATING TO EXCAVATIONS IN THE PUBLIC WAY, APPLICATIONS, AND FEES AND CHARGES THEREFOR BE IT ORDAINED BY THE CITY COUNIL OF PUEBLO, that: (Brackets indicate matter being 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 appropriate pavement impact fee [computed in accordance with Section 4.1 of this Chapter] or excavation permit fee grant permits to dig, open, excavate, bore or cause to be dug, opened, bored or excavated any street, alley, sidewalk or other public way or place in the City to the following: (1) Any person 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 persons 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 Section 4 of Chapter 6, Title XII of the Pueblo Municipal Code is hereby amended by the addition of the following new subsection (g): Lqj Applicants shall Day a $35.00 permit fee to excavate within the public right of way outside of paved streets or alleys or to bore under any street or alley. Entities exempt from Paving the pavement impact fee pursuant to Section 12- 6- 4.1(f) shall Day the $35.00 permit fee to excavate within or bore under any street or alley or public right of way. The fees provided for in this subsection may be modified or amended by Resolution of the City Council. SECTION 3. Subsection (e) of Section 4.1 of Chapter 6, Title XII of the Pueblo Municipal Code is hereby amended to read as follows: (e) The pavement impact fee shall apply to open cuts of pavement surfaces for excavation only. Such fee shall not apply to excavations made in advance of new pavement constructions or within eighteen (18) months before Pavement overlays which are included in the City's annua street resurfacing Program The Director of Public Works may reduce or waive the pavement impact fee in consideration of the permittee reconstructing or overlaying the existing pavement, or in cases where the impact fee will create a financial hardship to individual property owners due to circumsta beyond their control. 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. SECTION 4 Subsection (f) of Section 4.1 of Chapter 6, Title XII of the Pueblo Municipal Code is amended to read as follows: (f) The City [and], the Board of Water Works and entities -granted franchises pursuant to Article 16 of the Charter are exempt from paying a pavement impact fee, provided that this exemption shall not apply to excavation permits issued to persons hired by or contracting with the City [or], the Board of Water Works or utilities granted franchises pursuant to Article 16 of the Charter to perform construction worts in any street, alley, sidewalk or other public way or place in the City. SECTION 5 Section 4.1 of Chapter 6, Title XII of the Pueblo Municipal Code is hereby amended by the addition of the following new subsection (g): (q) Streets that have been constructed or resurfaced within five (5) years immediately preceding the date of application for any excavation permit shall be resurfaced by the permittee to the extent required by the Director of Public Works. At the direction of the Director of Public Works the permittee may also be required to mill the edge of the pavement prior to resurfacing. SECTION 6 This Ordinance shall become effective immediately upon final passage and approval and shall apply to all applications for street excavation permits filed on or after March 24, 2003. INTRODUCED March 24, 2003 BY All Gurule Councilperson APPROVED: - President of City Council ATTEST: S�a zi-r0. R City rk PASSED AND APPROVED: April 14, 2003