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12.4.302: SERVICE OUTSIDE CITY; POLICY:
   A.   The policy of the City relating to the furnishing of water service to property lying outside the corporate limits of the City is set forth in section 12.1.116 of this Code. Utilities expressly reserves the right, except as otherwise specifically limited by State or Federal law, to impose the conditions as it may see fit relative to the furnishing of the service and to refuse service in its discretion.
   B.   All provisions of this article apply to those areas outside the corporate limits of the City, except those areas covered by a special contract, as defined in 12.1.116 and 12.4.304 of this Code, which expressly establishes other rules for the area served under the contract (Ord. 98-173; Ord. 01-42; Ord. 23-17; Ord. 24-23)
12.4.303: SERVICE OUTSIDE CITY; APPLICATION FOR:
Any person desiring to connect a service line which is located outside the corporate limits of the City to the water supply system shall comply fully with section 12.1.116 of this Code. The person shall then make application to Utilities for water service. The application for service shall be supplemented by any plans, specifications or other information deemed necessary by the Chief Executive Officer to determine compliance with all tariffs, ordinances, regulations or rules concerning the water system. The Chief Executive Officer shall review and approve or disapprove the application as complying or failing to comply with all tariffs, ordinances, regulations or rules concerning the water system of the City. (Ord. 98-173; Ord. 01-42; Ord. 18-42; Ord. 23-17; Ord. 24-23)
12.4.304: SERVICE; SPECIAL CONTRACT:
   A.   Utilities may contract for the use of and connection to the City's water system by institutions, organized special districts, governments, municipal corporations or other similar users which are located outside the corporate limits of the City. Water service contracts shall expressly provide for the user's compliance with applicable ordinances, regulations and rules concerning use of the water system. Contracts shall be further subject to other terms and conditions as the City Council and Utilities may see fit to impose. Contracts for use of or connection to the water system in force and effect on the effective date of this section shall remain in full force and effect in accord with the contracts' terms and conditions.
   B.   Policy for Special Contract Consideration:
      1.   Persons inside City limits have made significant investments in the City's water system. Persons outside the City limits who desire water service from the City should be required to pay an amount that reflects their pro rata demand on existing and planned infrastructure and resources as well as pay additional fees for such service in recognition for investments made to the water system by persons inside City limits.
      2.   Water services provided outside City limits must not have an adverse impact on the City's water resources and water system.
      3.   There is no obligation imposed by general law upon the City to permit any of the City's water resources to be used outside its boundaries.
   C.   Requirements for Special Contract Water Service:
      1.   The City's water system, as currently existing or planned, must be sufficient to meet the present and projected water supply needs for the foreseeable future of all users of the water system located within and outside the corporate limits of the City including those who are to be served under the special contract, as provided in section 12.4.305 of this Code.
      2.   For special contracts that contemplate use of City water, the service under such special contract must not interfere with the City's ability to provide service to in-City customers in accordance with the standards adopted by Utilities and the City's existing contractual obligations.
      3.   The special contract customer must agree to pay all water system availability fees and other applicable Utilities' fees.
      4.   Special contracts shall comply with all applicable restrictions in this Code and applicable permits, contracts, agreements and decrees, including restrictions related to water use.
      5.   The special contract customer must obtain all contracts, permits, administrative approvals and water rights decrees as may be required to allow Utilities to provide special contract service without impairing Utilities' ability to operate the water system for the benefit of Utilities' customers. (Ord. 10-76; Ord. 24-23)
12.4.305: SERVICE; EXTENSION LIMITATION:
   A.   Due to increasing demands on the City's water supply, and to ensure that the City's water rights will meet existing and anticipated water service obligations, extending water service into any area not within either the existing City limits or the water service boundary as of the effective date of this section is subject to approval by City Council.
   B.   City Council approval shall require a finding that the proposed water extension is warranted based on a substantiated and written record demonstrating that:
      1.   The City's available water supply is sufficient to meet at least 128% of existing usage (calculated using a five (5) year rolling average of weather normalized unrestricted usage data) and the projected demand for water services within the proposed extension(s) of services; or
      2.   A unique and extraordinary event or circumstance necessitates an extension of water services to serve critical interests of the City; or
      3.   The area is an enclave (as defined by State law), or the area is owned or leased by the City, or extension of water service to the area will have a de minimis impact on the overall City's available water supply.
   C.   This section shall apply to any extension of Utilities water services notwithstanding any provision to the contrary. (Ord. 23-02; Ord. 24-23)
PART 4 CONNECTION AND INSTALLATION OF SYSTEM
SECTION:
12.4.401: Connection Required
12.4.402: Connection Requirement; Exception
12.4.403: Connection Requirement; Violation
12.4.404: Connection; Permits
12.4.405: Connection To System; Exclusion Of Liability
12.4.406: Installation; Excavations For
12.4.407: Service Line; Separate For Each Building; Exceptions
12.4.408: Service Line; Conformance To Rules And Regulations
12.4.409: Service Lines; Standards For
12.4.410: Service Line; Maintenance Of
12.4.411: Meter Pits; Installation And Maintenance
12.4.412: Noncomplying Meter Pits; Interruption Of Service And Reconnection
12.4.413: Mains And Lines; Manner Of Extension
12.4.414: Water Mains And Facilities; Compliance With Subdivision Requirements
12.4.415: Existing Lines; Conditions For Use
12.4.416: Construction; Requirements For Commencement And Completion
12.4.417: Disconnection
12.4.401: CONNECTION REQUIRED:
The owner of any house or other building occupied for business or residence purposes, situated within the City and abutting any street, alley or right-of-way in which there is now located or may in the future be located a water distribution main, is hereby required at the owner's expense to connect the building by means of a service line directly with the distribution main in accord with the provisions of this article. The point or points at which connection is made to the distribution main shall be determined by the Chief Executive Officer. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
12.4.402: CONNECTION REQUIREMENT; EXCEPTION:
   A.   Connection to the water supply system shall not be required for any property which is served by an existing well or other water supply system, which system is approved by the El Paso County Health Department and which system serves the property in substantially the same manner as it would be served by the water supply system.
   B.   This section shall apply solely to property served by an existing well or other water supply system prior to connection to the water supply system, and shall not be construed to permit any person already connected to the water supply system, whose property may subsequently be served by a well or other water supply system, to disconnect from the water supply system.
   C.   Nothing herein shall preclude the Chief Executive Officer from negotiating with any entity formal agreements that provide for the development of ground water resources within the City to be supplied to users for purposes specified in the agreements. In instances, the agreements, where legally enforceable, shall govern all matters set forth therein, upon approval by the Chief Executive Officer, the Utilities Board, or City Council as appropriate. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
12.4.403: CONNECTION REQUIREMENT; VIOLATION:
It shall be unlawful for any person who owns any house or other building occupied for business or residence purposes situated within the City to fail to connect the house or building to a water supply system in accord with the requirements of this part. (Ord. 98-173; Ord. 01-42)
12.4.404: CONNECTION; PERMITS:
No connection to the water supply system shall be made without first obtaining a permit therefor issued by Utilities. (Ord. 98-173; Ord. 01-42)
12.4.405: CONNECTION TO SYSTEM; EXCLUSION OF LIABILITY:
The City and Utilities shall not be subjected to any liability for any deficiency in the installation which is not discovered by inspection, nor shall the owner of the premises be absolved from liability for the deficiency and any resulting damage or from responsibility to correct the deficiency. (Ord. 98-173; Ord. 01-42)
12.4.406: INSTALLATION; EXCAVATIONS FOR 1 :
All excavations for water service installation or repair shall be performed in accord with this Code and the rules and regulations of Utilities as applicable. The excavations shall meet all applicable safety standards, including any requirements as to barricades and lights. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the Department of Public Works of the City. (Ord. 98-173; Ord. 01-42)

 

Notes

1
1. For excavation regulations, see chapter 3, article 3, part 2 of this Code.
12.4.407: SERVICE LINE; SEPARATE FOR EACH BUILDING; EXCEPTIONS:
   A.   The owner shall provide a separate and independent domestic service line, and an individual meter shall be provided from mains for each and every structurally independent residential, commercial, or industrial building, whether or not they are on a single platted lot under common ownership, unless the Utilities, in the reasonable exercise of its discretion, may determine that other means are more suitable in the operation of its system.
   B.   Where one building stands at the rear of another on an interior lot which cannot be subdivided, the domestic service line from the front building may, upon application to Utilities, be extended to the rear building and the whole considered as one water service. If the buildings become separately owned, Utilities will be under no obligation to furnish water to independent metered connections without payment of charges required by applicable tariffs or this Code.
   C.   When a water main extension must be made onto private property for the installation of fire protection facilities, the installation plans shall be submitted to the Colorado Springs Fire Department and Utilities for approval. The main extension and all other appurtenant fire safety systems installed by the owner/developer of the property shall remain the property of the property owner/developer and shall be maintained in accord with section 12.4.410 of this part. Upon approval by Utilities and the Colorado Springs Fire Department, these lines may also be used as private water service lines to furnish one or more buildings with their domestic water supply.
   D.   The City does not assume any obligation nor acquire any liability whatsoever for damage to the connecting property or any portion thereof or to any other properties caused by or resulting from any connection to the water supply system as aforementioned, or from the failure of the service line, except as specifically set forth in the water service standard specifications. (Ord. 98-173; Ord. 01-42)
12.4.408: SERVICE LINE; CONFORMANCE TO RULES AND REGULATIONS:
The size, slope, alignment and materials of construction of a service line, and the methods to be used in excavating, placing of the pipe, jointing, testing, backfilling and inspection of a trench shall all conform to the requirements of the Building and Plumbing Codes 1 and water service standard specifications and other applicable rules and regulations of the City. Additionally, all existing and new service lines shall conform to the requirements of the water service quality control regulations. (Ord. 98-173; Ord. 01-42)

 

Notes

1
1. For Plumbing Code, see the City's Zoning Code, chapter 7 of this Code.
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