Chapter 13.12 WATER AND WASTEWATER POLICY

This chapter shall be liberally construed, so as to establish the policy of the City for the construction of waterworks and wastewater systems; to provide for the upgrading of water lines to provide adequate fire protection within the City; to provide for the relocation of water and sewer lines without compensation to their owners when required by the public health, safety and welfare; to protect and preserve the public ways of the City for the users thereof; to protect the people of the City and all the persons using or relying upon the public ways of the City; and to those ends, this chapter shall be applicable to all public ways and waterworks and wastewater systems and all pipelines connected therewith within the City.

(Code 1994 § 38-161; Code 1965 § 31-61)

13.12.020 Unlawful activity.

It shall be unlawful for any person to make, construct, reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, driveway, street or to perform any other work of any kind within the public way which will result in physical alteration thereof unless such person shall have first obtained a permit for the performance of such work, and unless such work shall be performed in conformity with: the terms and provisions of this chapter; any permits or franchises issued under this chapter; and the engineering regulations, design standards and construction testing and inspection specifications adopted by the City.

(Ord. 2926, 6-5-96. Code 1994 § 38-162; Code 1965 § 31-62)

13.12.030 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City Manager means the City Manager or his authorized representative.

District means any metropolitan, water, and/or sanitation district formed under Title 32, Article 1, C.R.S., as amended, and any conservancy district formed under Title 37, Article 45, C.R.S., as amended.

Permittee means the holder of a valid permit.

Person means any person, firm, partnership, district, corporation, municipal department, company or organization of any kind.

Public way means any public street, way, place, alley, sidewalk, easement, park, square, plaza and any City-owned right-of-way or any other public property owned or controlled by the City and dedicated to public use, including without limitation easements, dedicated solely for utility purposes.

Service provider means any person other than the City providing potable water or sewer services.

Specifications mean the engineering regulations, design standards, construction specifications and construction testing and inspection specifications adopted by the City by resolution.

Utility means waterworks, wastewater systems, pipelines, gas lines, electrical lines, telephone and telegraph lines, transportation systems, cable television and fiber optics systems, and any district or person providing the same for public use.

Work in the public way means, without limitation, construction, reconstruction, repair, alteration of openings, excavation, tunneling, or any other work within or under public ways, including construction, maintenance, and repair of all underground structures such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire, or any other similar structure located below the surface of any public way, and installation of overhead poles used for any purpose.

(Ord. 2892, 2-21-96. Code 1994 § 38-163; Code 1965 § 31-63)

Cross reference(s) – Definitions generally, GJMC 1.04.020.

13.12.040 Types of permits to work in the public way.

There shall be required a permit to work in the public way.

(Ord. 2926, 6-5-96. Code 1994 § 38-164; Code 1965 § 31-64)

13.12.050 Application for permit.

A separate written application for the work to be done under a permit shall be submitted to the City Manager on a form available from the City. The application shall be submitted no later than five days prior to the planned start of work in the public way. Permittees may be required to increase this time up to 14 days when the work consists of more than a single spot excavation. The City Manager may require submission of plans and specifications. No work shall be started until the City Manager has approved the plans and specifications and permit application. The application when approved shall constitute a permit.

(Ord. 3615, 4-7-04; Ord. 2926, 6-5-96; Ord. 2892, 2-21-96. Code 1994 § 38-165; Code 1965 § 31-65)

13.12.060 Permit, inspection, and testing fees.

(a) Permit Fee. A fee, as established by resolution of the City Council and on file in the City Clerk’s office, shall be required to obtain each permit.

(b) Inspection and Testing Fees. An hourly fee as established by resolution of the City Council and on file in the City Clerk’s office shall be required for inspection and testing.

(d) Exemption. A water conservancy district shall not be required to pay any permit fees under this section.

(Ord. 2926, 6-5-96. Code 1994 § 38-166; Code 1965 § 31-66)

13.12.070 Performance/warranty guarantee for permits.

Each permittee, before being issued a permit under this chapter, shall provide the City, at the permittee’s expense, a performance warranty/guarantee in accordance with one of the following:

(a) The guarantee may be in the form of cash, a letter of credit or a license and permit bond, acceptable in form and content to the City, in an amount equal to 100 percent of the City Manager’s estimate of the cost of restoration. The cost of restoration shall include the removal of defective material, recompaction of subgrade and base material and construction of surface improvements. The license and permit bond or letter of credit shall run for a period of time at least one year beyond the anticipated acceptance date of any work done under the right-of-way permit(s). Such guarantee(s) shall be extended if requested by the City Manager.

(b) The guarantee may be in the form of cash, a letter of credit or a license and permit bond, acceptable to the City in form and content, in the principal sum of $10,000 payable to the City of Grand Junction upon failure of the permittee to restore all of the right-of-way to a condition comparable to that which existed at any location at which work is performed by the permittee under one or more permits issued to the permittee. The cost of restoration shall include the removal of defective material, recompaction of subgrade and base material and construction of surface improvements.

(c) If no written refund request of a cash deposit is received, the deposit shall be carried forward and applied as the performance/warranty guarantee (in whole or in part as the fee may be established by the City Council) for the following year.

(d) Other Guarantees. In lieu of the requirements of subsections (a) and (b) of this section, any public utility regulated by the State’s Public Utilities Commission, any person holding a franchise from the City, a mutual water district, any governmental agency or any metropolitan water and/or sanitation district or conservancy district may provide the City with an annual letter signed by an appropriate officer guaranteeing:

(1) Complete performance of the work acceptable to the City; and

(2) The correction of any defect in the work which the City discovers and for which the City gives written notice to the permittee within one year after the date when the City initially accepts the work.

(e) If the City Manager determines that any permittee fails to perform promptly under the conditions of subsection (d) of this section, that permittee shall be required to post a performance/warranty guarantee meeting the requirements of subsection (b) of this section. If the City Manager determines that the permittee then satisfactorily complies with this chapter for a one-year period while operating under the provisions of subsection (b) of this section, the permittee shall again be eligible to operate with the annual letter guarantee provided in subsection (d) of this section. Notwithstanding anything to the contrary contained in this section, any contractor performing work pursuant to a contract with the City shall adhere to the performance and payment requirements set forth in the contract documents.

(Ord. 3615, 4-7-04; Ord. 2926, 6-5-96; Ord. 2892, 2-21-96. Code 1994 § 38-167; Code 1965 § 31-67)

13.12.080 Purpose of performance/warranty guarantee.

(a) Any guarantee made under this chapter shall serve as security for the performance of work necessary to repair the public way if the permittee fails to make the necessary repairs or to complete the work under the permit.

(b) The permittee, by acceptance of the permit, expressly guarantees complete performance of the work acceptable to the City under this chapter and guarantees all work done by him for a period of one year after the date of acceptance, and agrees upon demand to maintain and to make all necessary repairs during the one-year period. This guarantee shall include all repairs and actions needed as a result of:

(1) Defects in workmanship;

(2) Settling of fills or excavations;

(3) Any unauthorized deviations from the approved plans and specifications;

(4) Failure to barricade;

(5) Failure to clean up during and after performance of the work;

(6) Any other violation of this chapter.

(c) The requirement for a performance/warranty guarantee may be waived by the City Manager if, in his opinion, the cost of restoration on any single project is less than $1,000 and the work is being performed by a contractor licensed by the City to perform work within the City. The waiver shall be made only on the requirement for a performance/warranty guarantee and does not relieve the contractor of any other requirement(s) stated in GJMC 13.12.070 or other applicable sections of this chapter.

(Code 1994 § 38-168; Code 1965 § 31-68)

13.12.090 Inspection and testing fees and procedures.

At the time of permit application and at such other intervals as may be established by the City Manager, all permittees under this chapter shall pay for the costs of inspection and testing. Costs of inspection and testing shall be in accordance with this chapter and the schedule of charges adopted by City Council resolution.

(a) Process. An initial site inspection may be conducted by the City following submittal of an application. Following issuance of a permit, inspection of the work shall be performed as determined necessary by the City to assure that the work is performed in accordance with and pursuant to the permit and any and all applicable standards and specifications.

(b) Permitted Work. The permittee shall notify the City immediately after completion of work and acceptance will be made if all work meets City and permit standards. Approximately 30 days prior to expiration of the one-year guarantee, the City may perform an inspection of the completed work. If the work is intact and otherwise satisfactory, the guarantee shall be returned and released less any amounts needed to complete work not performed by the permittee. A guarantee may be carried forward for future projects. At any time prior to completion of the one-year warranty, the City may notify the permittee of required repairs. The permittee shall complete such repairs within 24 hours or less if required by the City Manager, if the defects are determined by the City to be an imminent danger to public health, safety or welfare. The permittee shall complete all other repairs within 30 days after notice to the permittee.

(c) Random Inspections. The City may perform random inspections of the work described and/or permitted in or by this chapter and the permittee shall correct its work or procedures if ordered to do so as provided above. Failure to timely correct any work or procedure may result in revocation of the permit.

(d) Testing. Material(s) testing shall be performed as indicated on the permit or as otherwise required by the City Manager. All testing shall be performed by a certified, independent testing laboratory at the sole and absolute expense of permittee.

(Ord. 3615, 4-7-04; Ord. 2926, 6-5-96; Ord. 2892, 2-21-96. Code 1994 § 38-169; Code 1965 § 31-69)

13.12.100 Time for completion.

All work covered by the permit under this chapter shall be completed by the date stated on the application. Permits shall be void if work has not commenced six months after issuance.

Letters of credit or cash deposited as a performance/warranty guarantee for individual permits will be returned after voiding of the permit.

(Code 1994 § 38-170; Code 1965 § 31-70)

13.12.110 Insurance.

Before a public way permit is issued, the applicant shall submit to the City Manager a certificate of insurance in an amount set by City Council resolution. The certificate of insurance shall list the City and its officers and employees as additional named insureds. City departments, any public utility regulated by the State’s Public Utilities Commission, mutual water companies, persons holding a franchise in the City, any governmental agency, and any metropolitan, water and/or sanitation district, or conservancy district shall be relieved of the obligation of submitting a certificate of insurance if the applicant carries insurance equal to an amount set by City Council resolution. Upon request, the applicant shall submit a letter certifying such coverage or self-insurance. If a person other than those named above signs the permit, a certificate of insurance shall be provided.

(Ord. 2892, 2-21-96. Code 1994 § 38-171; Code 1965 § 31-71)

13.12.120 Traffic control.

(a) No permittee under this chapter shall interrupt access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital equipment unless permission is obtained from the owner of that facility. If a street closing is required, the applicant shall submit a traffic control plan and obtain approval of the City Manager. It shall be the responsibility of the permittee to notify and coordinate all work in the public way with police, fire, ambulance, and transit departments.

(b) When necessary for public safety, the permittee under this chapter shall employ flag persons whose duties shall be to control traffic around or through the construction site. The use of flag persons may be required by the City Manager.

(c) Unless approved by the City Manager, the permittee under this chapter shall not impede rush hour traffic on arterial or collector streets during the morning or evening rush hours. No construction shall be performed nor shall any traffic lane be closed to traffic during the hours of 7:00 a.m. to 9:00 a.m. or 3:30 p.m. to 6:00 p.m. without the approval of the City Manager. When it is necessary to obstruct traffic during the rush hours, a detour plan shall be submitted to the City Manager prior to starting construction. No permit will be issued until the plan is approved by the City Manager.

(d) Unless provided otherwise by this section, the City Manager shall enforce the provisions of the American Traffic Safety Services Association (Second Edition, 1984) and the Federal Highway Administrator’s Manual on Uniform Traffic Control Devices (1988), as they may be amended.

(Ord. 2892, 2-21-96. Code 1994 § 38-172; Code 1965 § 31-72)

13.12.130 Construction standards and responsibility for all public improvements.

The permittee under this chapter shall be fully responsible for the cost and actual performance of all work in the public way. The permittee shall do all work in conformance with the engineering regulations, construction specifications, and design standards adopted by the City. These standards shall apply to all work in the public way.

(Code 1994 § 38-173; Code 1965 § 31-73)

13.12.140 Protection of paved surfaces from equipment damage.

Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles are not permitted on paved surface unless specific precautions are taken to protect the surface. The permittee will be responsible for any damage caused to existing pavement by the operation of such equipment and, upon order of the City Manager, shall repair such surfaces. Failure to do so will result in the use of the permittee’s performance/warranty guarantee by the City to repair the damage.

(Code 1994 § 38-174; Code 1965 § 31-74)

13.12.150 Protection of property.

The permittee under this chapter shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at his own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the work, and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public way.

(Code 1994 § 38-175; Code 1965 § 31-75)

13.12.160 Relocation and protection of utilities.

Before any permittee under this chapter begins excavation in any public way, he shall make inquiries of all irrigation companies, utility companies, districts, municipal departments and all other agencies which might have facilities in the area of work to determine possible conflicts. The permittee shall request field locations of all facilities in the area at least 48 hours in advance of work. The permittee shall support and protect all pipes, conduits, poles, wires, or other apparatus which may be affected by the work from damage during construction or settlement of trenches subsequent to construction.

(Ord. 3615, 4-7-04. Code 1994 § 38-176; Code 1965 § 31-76)

13.12.170 Noise, dust, debris, hours of work.

Each permittee under this chapter shall conduct work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the permittee shall take appropriate measures to reduce noise, dust, and unsightly debris. No work shall be done between the hours of 10:00 p.m. and 7:00 a.m., nor at any time on Sunday, except with the written permission of the City Manager, or in case of an emergency.

(Code 1994 § 38-177; Code 1965 § 31-77)

13.12.180 Cleanup.

As the work under this chapter progresses, all public rights-of-way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All cleanup operations shall be done at the expense of the permittee.

(Code 1994 § 38-178; Code 1965 § 31-78)

13.12.190 Emergency work.

Any person maintaining facilities in the public way may proceed with repairs upon existing facilities without a permit when emergency circumstances demand that the work be done immediately. “Emergency work” is defined to mean any work necessary to restore water and sewer. The person doing the work shall apply to the City Manager for a permit on the first working day after such work has commenced. All emergency work shall require prior telephone notification to the City Manager.

(Ord. 2892, 2-21-96. Code 1994 § 38-179; Code 1965 § 31-79)

13.12.200 Preservation of monuments.

The permittee under this chapter shall not disturb any surface monuments or survey hubs and points found on the line of work unless approval is obtained from the City Manager. Any points disturbed will be replaced at the permittee’s expense.

(Ord. 2892, 2-21-96. Code 1994 § 38-180; Code 1965 § 31-80)

13.12.210 Boring.

Boring or other methods to prevent cutting of the pavement will be required upon request of the City Manager. It is the City’s intent to require boring only when necessary on arterial and major and minor collector streets with high volumes of traffic and/or serious accident potential.

(Ord. 2892, 2-21-96. Code 1994 § 38-181; Code 1965 § 31-81)

13.12.220 Suspension or revocation of permits and stop work orders.

(a) Any permit issued under this chapter may be revoked or suspended by the City Manager, after notice to the permittee for:

(1) Violation of any condition of the permit or of any provision of this chapter;

(2) Violation of any provision of any other ordinance of the City or State law relating to the work;

(3) Existence of any condition or the doing of any act which does constitute or cause a condition endangering life or serious damage to property.

(b) A suspension or revocation by the City Manager of the permit issued under this chapter, and a stop work order, shall take effect immediately upon notice to the person performing the work in the public way.

(c) A stop work order may be issued by the City Manager to any person doing or causing any work to be done in the public way without a permit, or in violation of any provision of this chapter, or any other ordinance of the City.

(d) Any suspension or revocation of permit or stop work order may be appealed by the permittee under this chapter to the City Manager by filing a written notice of appeal within 10 days of the action.

(Ord. 2892, 2-21-96. Code 1994 § 38-182; Code 1965 § 31-82)

13.12.230 Appeals procedure.

Any decision rendered by the City Manager under this chapter may be appealed within 10 days by the permittee to the Utility Hearing Board in accordance with the rules and procedures established by GJMC 13.04.480.

(Ord. 4574, 4-3-13; Ord. 2892, 2-21-96. Code 1994 § 38-183; Code 1965 § 31-83)

13.12.240 Penalty for violation of chapter.

If any person, officers and agents of a corporation or district responsible for its actions or inaction, and the partners or a partnership, firm or joint venture, shall violate or cause the violation of any of the provisions of this chapter, they shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, continues or is permitted and, upon conviction of any such violation, such person, firm or corporation, including but not limited to its partners or officers or agents, shall be punished pursuant to GJMC 1.04.090.

(Code 1994 § 38-184; Code 1965 § 31-84)

13.12.250 Actions for violation of chapter.

If any person violates any order of the City Manager, or otherwise fails to comply with any provisions of this chapter or the orders, rules, regulations and permits issued under this chapter, the City may commence an action in a court of record for appropriate legal and equitable relief. In such action, the City may recover from the defendant reasonable attorney fees, court costs, deposition and discovery costs, expert witness fees and other expenses of investigation, enforcement action, administrative hearings and litigation, if the City prevails in the action or settles at the request of the defendant.

(Ord. 2892, 2-21-96. Code 1994 § 38-185; Code 1965 § 31-85)

13.12.260 Relocation of water and sewer facilities – Projects coordination.

All providers of water and sewer services and the City shall, as far in advance as possible when working in public streets and drainageways, coordinate through the City Manager all projects, each with the other, to minimize current and future anticipated conflicts between public ways and waterworks and wastewater facilities.

(Ord. 2892, 2-21-96. Code 1994 § 38-186; Code 1965 § 31-86)

13.12.270 Relocation of water and sewer facilities – Future alteration minimization.

Project planning and engineering conducted by the City and providers of water and sewer services shall consider present and future plans in order to avoid or minimize future alterations in such improvements and facility locations. In cooperation with the provider of water and sewer service, the City Manager may indicate general location restrictions that would avoid future conflicts.

(Ord. 2892, 2-21-96. Code 1994 § 38-187; Code 1965 § 31-87)

13.12.280 Relocation of water and sewer facilities – Relocation cost liabilities.

When waterworks, wastewater systems, pipelines connected therewith, and utilities require relocation due to improvement, changes, or alteration of streets or drainageways, redevelopment of urban areas, construction of mass transit systems, installation of City-owned waterworks and sewer protection of the public health, safety and welfare, all costs associated with waterworks and wastewater systems relocation and restoration to the equivalent of their preimprovement condition will be included and considered as part of the total public way improvement cost, and shall be paid by the service provider.

(Code 1994 § 38-188; Code 1965 § 31-88)

13.12.290 Relocation of water and sewer facilities – Adjustment cost liabilities.

The costs of adjusting manholes and valve boxes within the public right-of-way, when such work is necessitated by pavement repair or street resurfacing, will be borne by the City’s Street Division. The costs of adjusting manholes and valve boxes not within the public right-of-way, when such work is requested by the property owner or is necessitated by repair, reconstruction or redesign by the property owner or required by the service provider, shall be borne by the property owner. All adjustments, repairs and reconstruction of manholes and valve boxes shall be performed in accordance with City standards. The City shall provide billings for such work.

(Code 1994 § 38-189; Code 1965 § 31-89)

13.12.300 Relocation of water and sewer facilities – Permit application review.

To the extent that work in the public way is regulated by other City ordinances which require that such work be done under a permit from the City, the City Manager shall have the prerogative to review such permit applications for work in the public way for the purpose of requiring relocation of the proposed facility in the public way, and compliance with construction standards of the City for work in the public way.

(Code 1994 § 38-190; Code 1965 § 31-90)

13.12.310 Relocation of water and sewer facilities – Work resulting from permit noncompliance cost liability.

Should work be performed within the public right-of-way without coordinating the project with the City or work be performed without observing proper permit procedures and/or conditions any and all general penalties provided for in this code shall apply. In addition, the person or entity performing the work shall be liable for the cost of any relocations, reconstruction or repair which would not have been required if coordination had occurred, including coordination attendant to securing a permit, or had permit conditions been observed. Penalties provided for in this section are not exclusive. The City expressly reserves the right to file an action in law or equity and/or otherwise utilize any and all remedies provided by law.

(Code 1994 § 38-191; Code 1965 § 31-91)

13.12.320 Relocation of water and sewer facilities – Permit grant or denial.

The City Manager shall timely respond to permit applications, approving or denying the application as submitted or conditioned upon specific requirements.

(Code 1994 § 38-192; Code 1965 § 31-92)

13.12.330 Relocation of water and sewer facilities – City Council determination.

The City Council may require the relocation, without compensation, of any waterworks, sewer system or pipelines connected therewith by ordinance declaring that the public health, safety and welfare requires such relocation.

(Code 1994 § 38-193; Code 1965 § 31-93)

13.12.340 Development – Upgrades of existing water lines and facilities.

(a) To ensure fire protection to users, owners, and the City, for new construction, replacements, and development which occurs after the effective date hereof, all development and water service providers in the City shall meet the following minimum standards:

(1) Water shall be supplied at a residual hydrostatic pressure of not less than 20 pounds per square inch, nor more than 125 pounds per square inch;

(2) Hydrants shall be placed in the public right-of-way and shall not be spaced more than 500 feet from each other. In no case shall there be more than 250 feet from the nearest hydrant to the closest portion of the property. See Appendix C, International Fire Code, which has additional requirements for the placement of hydrants;

(3) Hydrants shall provide the required flow as specified in the adopted fire code;

(4) Hydrants shall be directly supplied by a line at least six inches in diameter. The Fire Chief may require a line or pipe larger than as described herein based on standards adopted in this section, regulations promulgated pursuant to this section or in accordance with law otherwise applicable to water service providers. Any decision of the City Manager or the Fire Chief which requires a line of greater than six inches in diameter may be appealed if a written notice of appeal is delivered to the City Clerk within 10 days. If timely filed, the appeal shall be heard by the Utility Hearing Board in accordance with the rules and procedures established by GJMC 13.04.430. At an appeal hearing convened under that section, the appellant shall have the burden of proof by clear and convincing evidence.

(b) To ensure adequate fire protection to users, owners, and the City, all existing water facilities, hydrants and lines in the City, existing as of the effective date hereof, shall also meet the minimum standards set forth in subsections (a)(1) through (a)(4) of this section.

(c) The City Manager may promulgate and enforce regulations which are more restrictive than the provisions of this section if the City Manager finds such regulations to be necessary to protect the health, safety and general welfare of the citizens of the City.

(d) To the extent permitted by law, the provisions of this section shall apply to areas outside of existing City limits. To the extent that applicable law does not permit such extraterritorial application, the provisions of this section shall be limited to the limits of the City.

(e) The provisions of the adopted fire code shall supersede any inconsistent provisions of this section.

(f) In order to bring existing water facilities, hydrants and lines that do not currently meet subsections (a)(1) through (a)(4) of this section into compliance with those sections, the following shall apply:

(1) When water service providers or water districts upgrade, repair or replace existing water transmission or water distribution lines or facilities, such provider or district shall, at that time, upgrade the existing facilities to meet the minimum line size standards outlined in subsections (a)(1) through (a)(4) of this section.

(2) When water service providers or water districts upgrade, repair or replace existing fire hydrants or facilities, such provider or district shall also, at that time, upgrade the existing hydrant and facilities to meet the standards in subsections (a)(2) through (a)(4) of this section.

(3) With respect to water lines, hydrants and facilities which do not meet the standards outlined in subsection (b) of this section, at least once each five years each water provider and district shall provide written notice to each affected property owner and the City of such deficiency. Such water provider and district shall obtain the prior approval of the City of the form and content of such notice. Such water provider and district shall provide the City Manager with a detailed list of the water, hydrants and facilities which do not meet the standards hereof, along with a list of the property owners to which the written notice was provided.

(4) When a petition, signed by more than 50 percent of the property owners in an area supplied by or adjacent to water lines and/or hydrants which do not meet the standards outlined in subsection (b) of this section is submitted to a water provider or water district requesting the water provider or water district to upgrade existing facilities to meet the minimum standards in subsection (a) of this section, such water provider or water district shall complete the requested improvements within three years of the delivery of such petition. The City may, pursuant to an agreement then negotiated with the water provider or district, agree to pay a portion of the costs of such improvements.

(Ord. 3615, 4-7-04; Ord. 3141, 5-5-99; Ord. 2942, 9-4-96. Code 1994 § 38-194; Code 1965 § 31-94)

13.12.350 Development – City Council determination.

To ensure adequate fire protection to users, owners and the City, the City Council shall be empowered to declare by ordinance the necessity that water lines shall be upgraded for the health, safety and welfare of the parties to meet the requirements of GJMC 13.12.340 and the specifications of the City. The cost of upgrading water lines to meet the requirements of this section shall be the obligation of the service provider.

(Code 1994 § 38-195; Code 1965 § 31-95)

13.12.360 Franchises – Generally.

No franchise giving or granting to any person the right or privilege to erect, construct, operate or maintain or use any waterworks, wastewater system or pipelines connected therewith to provide water or wastewater service to any user or consumer within the City; or to use the public ways of the City for any purpose; or to interconnect any building, structure or facility of any kind to any waterworks, wastewater system or pipelines connected therewith other than to the waterworks and wastewater systems of the City shall be given or granted unless such franchise shall be given or granted by ordinance. No such ordinance shall be considered, except for waterworks and pipelines connected therewith, until after the question of the granting of any franchise necessary for such purpose and required by law shall be submitted to and approved by a majority of the qualified, taxpaying electors of the City at an election held for such purpose at the expense of the applicant for such franchise.

(Code 1994 § 38-196; Code 1965 § 31-96)

Cross reference(s) – Franchises, Appendix A.

13.12.370 Franchises – Unlawful acts.

Unless a franchise has been given or granted under the provisions of GJMC 13.12.360, it shall be unlawful for any person to erect, construct, operate or maintain or use any waterworks or wastewater system or pipelines connected therewith within the City in order to provide water or wastewater service to any user or consumer within the City; or to use the public ways of the City for such purposes; or to interconnect any building, structure or facility of any kind to any waterworks or wastewater system or pipelines connected therewith other than to the waterworks and wastewater system of the City.

(Code 1994 § 38-197; Code 1965 § 31-97)

13.12.380 Franchises – Exempted service providers.

Service providers who are providing service pursuant to agreements with the City shall not be subject to the provisions of GJMC 13.12.360 and 13.12.370.

(Code 1994 § 38-198; Code 1965 § 31-98)

13.12.390 Franchises – Condemnation and appropriation of public and private waterworks and wastewater systems.

To provide municipal water and sewer services to its users and residents, the City shall have the right and power to condemn and appropriate as much public and private property as is necessary for the construction and operation of waterworks, wastewater systems and pipelines connected therewith in such manner as may be prescribed by law; and to condemn and appropriate any publicly or privately owned waterworks, wastewater systems and pipelines connected therewith not owned by the City in such manner as may be prescribed by law for the condemnation of real estate.

(Code 1994 § 38-199; Code 1965 § 31-99)

13.12.400 Liability for expense, loss, damage – Jurisdiction of Court.

Any person violating any of the provisions of Chapters 13.04, 13.08 and 13.12 GJMC shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation. The Municipal Court shall have concurrent jurisdiction in all causes arising under Chapters 13.04, 13.08 and 13.12 GJMC.

(Code 1994 § 38-1; Code 1965 § 25-3)

13.12.410 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter or the code provisions reenacted hereby should be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this chapter or code provisions, which shall remain in full force and effect.

(Code 1994 § 38-200; Code 1965 § 31-100)