8. Infrastructure Program for Streetlight Costs and Concrete Replacement
INFRASTRUCTURE PROGRAM FOR STREETLIGHT COSTS
AND CONCRETE REPLACEMENT
9-8-1: LEGISLATIVE INTENT
9-8-3: INFRASTRUCTURE FEE ESTABLISHED
9-8-5: CONCRETE REPLACEMENT CRITERIA
9-8-1: LEGISLATIVE INTENT. (3315) The City Council finds, determines and declares as follows:
(A) The City of Westminster has a program to replace deteriorated concrete curb, gutter and sidewalk adjacent to citizens' properties and throughout the City, as part of the reconstruction and resurfacing of streets; and,
(B) The City of Westminster provides and maintains streetlighting, on new and existing streets, and pays for its illumination; and
(C) Both the Concrete Replacement Program and the provision and maintenance of streetlighting provide a direct service to both owners and occupants of properties within the City and to residents using the public streets and sidewalks; and
(D) As both City residents and non-resident owners of property receive the health, safety, and aesthetic benefits of street illumination and sound and secure sidewalks, it is equitable and reasonable to fund a portion of the costs of said concrete replacement and streetlighting by imposing an Infrastructure Fee on each consumer’s utility bill to help defray part of the City’s costs of providing these services to its users.
9-8-2: DEFINITIONS: (3315) For the purpose of this Chapter, the following words and phrases shall have the following meaning:
"BILLING DATE" means the date that appears as the "billing date" on the utility bill for the month for which the charge is being assessed.
"CHARGE DUE" means the amount owing including any collection fee.
"CODE" means Westminster Municipal Code.
"COLLECTION FEE" means the fee added to any past due infrastructure fee.
"CONCRETE REPLACEMENT COST" means the cost of maintaining and replacing curbs, gutters, and sidewalks within the City.
"CONSUMER" means any person receiving water or sewer service from the city.
"FINANCE DIRECTOR" means the Finance Director of the City of Westminster, or his/her appointee.
"IN-CITY" means located within the boundaries of the City.
"INFRASTRUCTURE FEE” means that portion of the utility bill intended to cover the costs of providing City streetlighting and concrete replacement.
"PERSON" means any individual, firm, partnership, joint venture, public or private corporation, estate or trust, receiver, trustee, assignee, lessee, agent or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any other legal entity.
"STREETLIGHT COST" means the cost of new streetlight installations, maintenance and repair of damaged light poles, and the cost of electricity required for illumination of streetlights.
"UTILITY BILL" means the monthly billing statement for utility accounts sent to consumers of City utility services, which may include water, sewer, stormwater management, concrete replacement and streetlighting.
9-8-3: INFRASTRUCTURE FEE ESTABLISHED: (3315 3549 3691)
There is hereby established an Infrastructure Fee in the amount of three dollars ($3.00) per month on each utility bill sent to an in-City consumer of City utility services. Effective January 1, 2011, the Infrastructure Fee shall increase to four dollars ($4.00) per month on each utility bill sent to an in-City consumer of City utility services. Effective January 1, 2014, the Infrastructure Fee shall increase to five dollars ($5.00) per month on each utility bill sent to an in-City consumer of City utility services, and effective January 1, 2015, the Infrastructure Fee shall increase to six dollars ($6.00) per month on each utility bill sent to an in-City consumer of City utility services. All proceeds of the Infrastructure Fee will be used to offset the City’s costs in providing concrete replacement and streetlighting services.
9-8-4: ADMINISTRATION: (3315)
(A) BILLING METHOD: Beginning with utility bills having a billing date of January 1, 2007 or later, the fee shall be billed periodically in the same manner and to the same person as other utility accounts.
(B) DUE DATE: The charge shall be due and collected in the same manner as City water, sewer, and stormwater utility fees, except that no City utility service shall be disrupted for non-payment of the Infrastructure Fee due.
(C) APPLICATION OF PAYMENT: Any payment made towards the amount of the bill shall be first applied to payment of the Infrastructure Fee.
(D) COLLECTION FEE: If any charge due is not paid within ninety (90) days of the billing date, a fee of ten dollars ($10.00) shall be levied.
(1) Charge. Infrastructure Fees properly imposed shall not be abated.
(2) Collection Fee. Any collection fee levied by this Section may be abated by the Finance Director, if the Finance Directors finds good cause therefor.
(F) SECURITY: The City shall have as security for the collection of the charge due a lien upon the real property listed as the service address of the utility bill. Such liens shall be governed by Title I, Chapter 31 of this Code.
9-8-5: CONCRETE REPLACEMENT CRITERIA: (3315)
(A) CRITERIA FOR REPLACEMENT: Concrete replacement must be warranted in at least one of the following ways:
(1) The condition of the concrete is a safety, pedestrian, or traffic hazard due to heaving or having settled conditions;
(2) The deterioration of the surface by spalling/scaling has caused the aggregate to become loose;
(3) The curb, gutter or sidewalk has cracked causing infiltration of water into the subgrade, which will result in heaving condition and/or settlement;
(4) Where severe settlement of gutters has caused water to pond in the gutter, street, or on the sidewalk, resulting in icy, hazardous conditions during the winter months, and stagnant, standing water in the summer months.
(B) No replacement may be authorized by staff without meeting the criteria described above.