HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/07/2006 - FIRST READING OF ORDINANCE NO. 016, 2006, AMENDIN ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: February 7, 2006
FORT COLLINS CITY COUNCIL STAFF: Terri Bryant/
Chuck Seest
SUBJECT
First Reading of Ordinance No. 016, 2006, Amending Chapter 8 of the City Code Relating to the
Creation of the Storm Drainage Fund.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
This Ordinance revises the City Code description of the Storm Drainage Fund to be consistent with
City Council's adopted policy of city-wide stormwater plant investment fees and the city-wide pay-
as-you-go financing policy for the stormwater master plan. The change allows plant investment fees
to be used for city-wide capital improvements and no longer restricts funding capital projects in the
basin in which the plant investment fees are collected.
BACKGROUND
Prior to the adoption of the Stormwater Financing Plan in 2001 (Resolution 2001-093) and
Ordinance No. 194,2001,amending the City's stormwater fees,monthly stormwater fees contained
two components, one for the operation and maintenance of the system and one for capital
improvements. The capital improvements portion of the monthly fee varied by basin and was
restricted to use only in the basin from which the fee was collected. Starting in January 2002, the
monthly fees have been collected city-wide and used for both city-wide capital improvements to the
stormwater system and city-wide operation and maintenance of the stormwater system. A similar
change from a basin specific capital expansion development fee to a city-wide plant investment fee
was made in November 2005 when Ordinance No. 136, 2005 adopting city-wide 2006 stormwater
plant investment fees was approved by Council.
The pre-2001 policy was that capital fees(both the fees collected on a monthly basis and at the time
of development)could only be utilized for improvements in that specific storm drainage basin from
which they were collected. Council policy now states that the improvements in any basin benefit
the whole community and as a result improvements are prioritized and funded on a city-wide basis.
Chapter 8 of the City Code defines the city's Storm Drainage Fund and still contains language that
requires capital improvement fees be accounted for and spent in the basin from which they are
collected. This Ordinance is a housekeeping change amending the requirements in Chapter 8 to
allow the fees already accounted for to be spent city-wide. This makes Chapter 8 consistent with
the provisions contained in Chapter 26, the Utilities/ Stormwater provisions in the Code.
ORDINANCE NO . 016, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE CREATION OF THE STORM DRAINAGE FUND
WHEREAS , the Council has adopted stormwater basin master plans identifying stormwater
facilities that are necessary to provide for the proper drainage and control of flood and surface
waters within the City; and
WHEREAS , the Council has also adopted Ordinance No . 168 , 1998 determining that all
developed lands within the City benefit by the installation of such stormwater facilities, and
Ordinance No . 136, 2005 , which revised Section 26-512 of the City Code to impose a uniform and
city-wide stormwater plant investment fees ; and
WHEREAS , Section 8- 86 of the City Code creating the Storm Drainage Fund placed
restrictions on the use of fees for capital improvements to the basin in which they are collected; and
WHEREAS , the restriction included in Section 8 of the City Code is no longer consistent
with Council ' s policy that improvements should be prioritized and funded city-wide; and
WHEREAS , for the foregoing reasons, the City Council wishes to amend the City Code in
order to allow all stormwater fees collected to be used for purposes in connection with construction
of stormwater facilities throughout the city.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 8- 86 of the Code of the City of Fort Collins is hereby amended to read as
follows :
Sec . 8-86. Storm drainage fund.
There is hereby created a fund to account for stormwater drainage known as the
storm drainage fund. Revenues for the fund shall include stormwater basi plant
investment fees and stormwater utility fees and other monies as might be available
for stormwater drainage purposes . Expenditures shall be made for approved purposes
in connection with construction of stormwater facilities and operation, administration
and maintenance of stormwater facilities . ft shall not be necessary that the
ftmds collected for capital expenditures shall N. separately designated and use
solely for those purposes .
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D . 2006, and to be presented for final passage on the 21 st day of February, A.D . 2006 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 21 st day of February, A.D . 2006 .
Mayor
ATTEST :
City Clerk