HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/04/2022 - FIRST READING OF ORDINANCE NO. 004, 2022, AMENDING Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY January 4, 2022
City Council
STAFF
Abbye Neel, Interim Water Conservation Mgr.
Eric Potyondy, Legal
SUBJECT
First Reading of Ordinance No. 004, 2022, Amending Chapter 26 of the Code of the City of Fort Collins to
Correct a Clerical Error.
EXECUTIVE SUMMARY
The purpose of this item is to correct a clerical error. In Ordinance No. 119, 2021, Subsection (c)(3) of City
Code Section 26-129 was purposefully deleted. However, that subsection was inadvertently inc luded in the
subsequently enacted Ordinance No. 151, 2021 and should be deleted as originally intended.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Council adopted Ordinance No. 119, 2021, on October 5, 2021. This ordinance had an effective date of
January 1, 2022. In this ordinance, Council made various amendments to the calculations for the Water
Supply Requirement (“WSR”), which is a development impact fee for water service from Fort Collins Utilities
and is used to establish an annual allotment for nonresidential customers. The amendments in Ordinance No.
119, 2021 included the deletion of Subsection (c)(3) of City Code Section 26-129 ("Subsection (c)(3)”).
Subsection (c)(3) was a table that included the minimum annual allotments for different sizes of water taps.
However, in the new approach to WSRs and annual allotments approved in Ordinance No. 119, 2021, annual
allotments are determined by the type of water use and not by tap size. Subsection (c)(3) is thus no longer
needed and does not conform to the current approach to WSRs and annual allotments.
Before Ordinance No. 119, 2021, went into effect, Council adopted Ordinance No. 151, 2021 on November 16,
2021. In this ordinance, Council amended certain WSR-related fees in Subsections (c)(1) and (c)(2) of City
Code Section 26-129. Unfortunately, this ordinance also inadvertently included the previously -deleted
Subsection (c)(3). This could be interpreted as Council re -adopting that subsection. However, as part of the
changes to the WSR, Subsection (c)(3) should be deleted and its inclusion in Ordinance 151, 2021 was in
error.
-1-
ORDINANCE NO. 004, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO
CORRECT A CLERICAL ERROR
WHEREAS, City Council adopted Ordinance No. 119, 2021 on October 5, 2021,
effective January 1, 2022, through which City Council made various amendments to the Water
Supply Requirement (“WSR”), including the deletion of Subsection (c)(3) of City Code Section
26-129; and
WHEREAS, City Council subsequently adopted Ordinance No. 151, 2021 on
November 16, 2021, effective January 1, 2022, through which City Council amended certain
WSR-related fees in Subsections (c)(1) and (c)(2) of City Code Section 26-129; and
WHEREAS, Ordinance No. 151, 2021 inadvertently included the previously-deleted
Subsection (c)(3) of City Code Section 26-129, which could be interpreted as City Council
having re-adopted that subsection; and
WHEREAS, the inclusion of Subsection (c)(3) of City Code Section 26-129 in Ordinance
No. 151, 2021 was a clerical error and it was not City Council’s intent to re-adopt that
subsection, and City Council desires to correct said clerical error.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-129 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-129. Schedule D, miscellaneous fees and charges.
The following fees and service charges shall be paid by water users, whether inside or outside
the City limits:
(a) Connection fees and service charges shall be as set forth in Subsection 26-712(b).
(b) Fees and charges and fire hydrants and connections under Subsection 26-120(e) shall
be as follows:
(1) For installation of meter Per meter $43.00
(2) For removal of meter Per meter $43.00
(3) For daily rental for meter and fittings Per meter $8.60
(4) For water service Per 1,000 gallons $20.04
A deposit may be required in the amount of the
charges for the anticipated water usage and
rental.
(c) The fees and requirements for water supply shall be as follows:
-2-
(1) To satisfy Water Supply Requirement
(WSR) with cash payments
Per
325,851 gallons
of WSR
$68,200.00
(2) Excess water use surcharge assessed on
nonresidential users when water use is in excess
of the applicable annual allotment
Per 1,000 gallons $16.67
(3) The annual water allotment, based on the minimum WSR shall be
as follows:
Meter Size (inches)
Annual
Allotment
(gallons/
year)
¾ 293,270
1 739,680
1½ 1,538,020
2 2,577,480
Above 2 325,851
gallons per
acre foot of
WSR
. . .
Introduced, considered favorably on first reading, and ordered published this 4th day of
January, A.D. 2022, and to be presented for final passage on the 18th day of January, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 18th day of January, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk