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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2007 - ITEMS RELATING TO UTILITY RATES AND CHARGES FOR 20 ITEM NUMBER: 8 A-G AGENDA ITEM SUMMARY DATE: November 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Brian Janonis Terri Bryant Bill Bray SUBJECT Items relating to Utility Rates and Charges for 2008. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 119, 2007, Amending Chapter 26 of the City Code to Revise Water Plant Investment Fees and Raw Water Requirements. B. Second Reading of Ordinance No. 120, 2007 Amending Chapter 26 of the City Code Relating to Wastewater Rates and Charges. C. Second Reading of Ordinance No. 121, 2007, Amending Chapter 26 of the City Code to Revise Sewer Plant Investment Fees. D. Second Reading of Ordinance No. 122, 2007 Amending Chapter 26 of the City Code Relating to Electric Rates and Charges. E. Second Reading of Ordinance No. 123, 2007, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. F. Second Reading of Ordinance No. 124, 2007, Amending Chapter 26 of the City Code to Revise Stormwater Plant Investment Fees. G. Second Reading of Ordinance No. 125, 2007, Amending Chapter 26 of the City Code Relating to Utility Connection Fees and Miscellaneous Charges. Ordinance No. 120, 2007 and Ordinance No. 122, 2007 establish monthly wastewater and electric rates for 2008. The electric rate Ordinance also includes a housekeeping change to the power adjustment clause. Ordinance No. 125, 2007, updates utility connection fees and miscellaneous charges for returned items and turn-off notices to recover the cost of these services. November 20, 2007 -2- Item No. 8 A-G Ordinances Nos. 119, 121, 123, and 124, 2007, adopt revised water, sewer and stormwater plant investment fees and electric development fees. The fees are one-time charges paid by developers or builders for the cost of the utility infrastructure needed to serve new development. Per Council direction, plant investment fees are reviewed on an annual basis and revised during the biennial budget cycle. Plant investment fees(PIFs)for water,wastewater and stormwater were updated with the 2006-2007 budget. Electric development fees and charges are updated annually. These Ordinances were unanimously adopted on First Reading on October 16, 2007. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- October 16, 2007. ATTACHMENT 1 ITEM NUMBER: 22 AGENDA ITEM SUMMARY DATE: October16, 2007 FORT COLLINS C O I SFF: Brian Janonis Terri Bryant L- N Bill Bray SUBJECT Items relating to Utility Rates and Charges for 2008. RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. Electric Board recommends adoption of the monthly electric rates and electric development fees ordinances. Water Board recommends adopt' o the nthl st ter tes and water, wastewater, and stormwater plant investment f ordin s. FINANCIAL IMPACT The rate Ordinances are projected to increase the annual operating revenues of the Wastewater Fund by 12%and the Light and Power Fund by approximately 2.3%. No increases are proposed for water and stormwater monthly rates. The combined utility fees for a typical single family residence will increase $3.34 per month. Proposed water,wastewater and stormwater plant investment fees(PIFs)are updated to reflect a new customer's impact on the system and maintain existing customers' equity in the system. Proposed electric development fees and charges cover costs of new commercial and residential development. The financial impacts vary by the size and nature of the development. If the proposed fees are adopted,water,wastewater and stormwaterplant investment fees,and electric development fees and charges will increase. The combined utility development fees for a typical single family residence (exclusive of raw water requirem • hic no wilcrease from$9,213 to$10,639 or 15.5%. The proposed fees will be effec atiu 0 EXECUTIVE SUMMARY A. First Reading of Ordinance No. 119,2007,Amending Chapter 26 of the City Code to Revise Water Plant Investment Fees and Raw Water Requirements. October 16, 2007 -2- Item No. 22 B. First Reading of Ordinance No. 120, 2007 Amending Chapter 26 of the City Code Relating to Wastewater Rates and Charges. C. First Reading of Ordin 12 i hater 26 of the City Code to Revise Sewer Plant Investme ees. D. First Reading of Ordinan 12 7 nding pter 26 of the City Code Relating to Electric Rates and Charges. E. First Reading of Ordinance No. 123,2007,Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. F. First Reading of Ordinance No. 124,2007,Amending Chapter 26 of the City Code to Revise Stormwater Plant Investment Fees. G. First Reading of Ordinance No. 125,2007,Amending Chapter 26 of the City Code Relating to Utility Connection Fees and Miscellaneous Charges. Ordinance No. 120, 2007 and Ordinance No. 122, 2007 establish monthly wastewater and electric rates for 2008 as follows: r C) 113-V In ease Wastewater 12 Electric 2.0 - 2.6 The electric rate Ordinance also includes a housekeeping change to the power adjustment clause. Ordinance No. 125, 2007, updates utility connection fees and miscellaneous charges for returned items and turn-off notices to recover the cost of these services. Ordinances Nos. 119, 121, 123, and 124, 2007, adopt revised water, sewer and stormwater plant investment fees and electric development fees. The fees are one-time charges paid by developers or builders for the cost of the utility infrastructure needed to serve new development. Per Council direction, plant investment fees are reviewed on an annual basis and revised during the biennial budget cycle. Plant investment fees(PIFs)for water,wastewater and stonmwater were updated with the 2006-2007 budget. Electric pns-Pa7dated annually. BACKGROUND PLANT INVESTMENT FEES • WATER The water plant investment fees are developed to recover the current value of past investment and the current value of future growth-related investment through 2040. This method includes October 16, 2007 -3- Item No. 22 calculating net water system equity, capacity units, and determining the net system equity per unit. Water system assets are valued at replacement costs adjusted by the construction cost index as published by Engineering News Record. Net system equity is determined by subtracting outstanding debt principal from the total Cop� ' ed e growth related to capital projects. That result is then dian acity todetermine unit cost. The unit cost is applied to an estimasage r each customer class to determine the proposed water PIF. The following schedule details PIFs for the various customer classes. WATER PLANT INVESTMENT FEES BY CUSTOMER CLASS 2006 PIFs 2008-2009 Proposed Peak Day Current Peak Day Proposed Customer Class/Meter Size Usage d Charge Usage d Charge Change Unit Fee($per gallon) $3.69 $4.03 9.20% Residential: Single Family Inside Use 191 $ 710 181 $ 730 3°/ Outside Use-$/S .Ft. 864 $ 0.37 77 $ 0.3 -3°/ Multi-Family(per unit) Inside Use 13 49 12 $ 490 0°X Outside Use-$/S .Ft. 28 23 $ 0.2 -4°/ Non-Residential(meter size) '/. inCl 1,80 $ 6,64 1.73( $ 6,970 50 1 incl 5,23 $ 19,30 5,11( $ 20,59 7°/ 1 %2 inct 10,47 $ 38,63 10,30( $ 41,51 7°/ 2 inct 16,71 $ 61,661 16,21 $ 65,33 6°/ 3 inct 35,37( $142 54 16°/ >than 3 inche Based on specific customer requirements *differences due to rounding The impact to a typical single family residence (8,600 sq. ft. lot) is a decrease of$66 from $3,892 to $3,826. The decrease is due to a reduction in average usage by the residential class. Other In addition to updating the was ate@Plynetvises Section 26-149 of the City Code which describes Raw W r req eserviceThe revision clarifies that the customer is required to dimes the customer's estimated peak annual use. The revisions apply (1) to a customer with two or more meters and (2) to a customer who increases their annual allotment. An additional change is to correct a spelling error wherein Raw Water Requirements are currently referenced as "RVR" and that is corrected to be "RWR". October 16, 2007 -4- Item No. 22 • WASTEWATER The wastewater plant investment fees are developed using a method which assesses new customers based on an allocation of the Uthpo s ' . ' s the projected growth-related improvements. The utility for es a sl f related treatment plant projects on the planning horizon. The 5 studa water pl t investment fees recommended a 174%increase. Due to the magn o crease, uncil directed a three-year phase- in of the fees which was implemented beginning January, 2006. The final phase of the 3-phase implementation is included in the proposed 2008 wastewater PIFs. The proposed fees are shown in the following tables: WASTEWATER PLANT INVESTMENT FEES Customer Class/Meter Size Existinz 2007 Proposed 2008 Volume Current Volume Proposed G d Charge G d Charge Chanize Single Family 340 $ 22,222233 321 $ 3,194 43.7% Multi-Family 236 $ 1 583 208 $ 2,069 30.7% Non-Residential(meter size) 24 $ 6,206 30.7% 1 inc 814 $ 1 4 $ 16,361 34.6% /2 inc 279 $ 5 2,04 $ 28 396 29.3% i 02 $ 865 522 $ 50,963 31.1% 3 inc 12 005 $ 81 086 12 209 $121 484 1 49.8% 4 inch and above assessed on individual basis Wastewater plant investment fees fora typical single-family residence in 2008 would increase from $2,223 to $3,194, or 43.7%. • STORMWATER Plant investment fees for stonnwater are adopted on a citywide basis. All new development must provide on-site detention as specified in the master plan. Regional elements are sized to handle existing flows and to work in coordination with on-site detention in new developments. Stormwater PIFs pay for a developer's proportionate share of the system infrastructure as it exists at the time they develop. The unit of measure used to al ate tie DaluetP ti sy em between new customers and existing customers is acres of eloped th a off coefficient(a measure of how water runs off various surfaces p'osfees a calculated by dividing the value of the current system, less outstanding debt, by the total acres of land (existing developed and developable) in the service area. This number is then adjusted by the average runoff for the system. The result is the unit value of the existing system per acre of developed land. 2008 % 2006 Proposed Change Fees Fees $3 070 $4 420 43.97% October 16, 2007 -5- Item No. 22 The significant increase in fees is due to the large investments in stormwater infrastructure over the last few years. • ELECTRIC Electric development charges inc eOaedPactual the utility for each commercial or residential development. The two components of these charges are the Electric Capacity Fee for the off-site electric system, and the Building Site Charge for the on-site electric costs. The electric development charges are typically increased annually to adjust for inflation and cost increases. Increases range from 12%for residential and 20%for commercial development. The increases are due primarily to the significant increases experienced in the cost of transformers, metals and other construction materials. The following tables compare current fees with proposed fees for residential and commercial development: ELECTRIC DEVELOPMENT FEES&CHARGES RESIDENTIAL Category Charge 2007 2008 %diff. it Pe l" uare&M$7 4731 12"/Per on a t o $9.53 21"/ 150A Single- Farr $1078 $1177 90% Electric Capacity 200A Single Fee w F $1806 $1991 100/ P. 150A Multi F $719 $785 90/ 200A Multi F $1 267 $1 399 100/ l/0 $585 $625 70/ Cn 0 4/ $756 $787 4"/ Building p 350 kC $732 $873 190/ Site Charges 1/0 mobil $458 $490 70/ "'% m 7 623 50/ I U October 16, 2007 -6- Item No. 22 ELECTRIC DEVELOPMENT FEES&CHARGES COMMERCIAL Category Char aefo .9014; 2008 %diff. .�, Per u „p4731 12°/Pet'li al fr $35.52 19°/SV $1,146 21°/Electric 240 $1 323 21°/ Capacity, Service Fee Entrance(per 100 208V 3-Ph $1 638 $1 985 21°/ amps) 240V 3-Ph $1 890 $2 291 21°/ 480V 3-Ph $3 779 $4 581 21°/ Primary Circuit(I-phase) $7.20 $8.78 22°/ Building Primary Circuit(3-phase) $13.10 $17.72 35°/ Site Transformer Installation-1 Charges phase $1119 $1148 3°/ Transformer Installation-3 hase $2 097 $2 132 2°/ The impact to a typical single f tly s' nc ot, 0 amp service) is an increase of$298 from $2,578 to $2,87 or 12%. SUMMARY OF PIT CHANGE AND PA SONS The following table shows the overall impact of the proposed Plant Investment Fees and Electric Development Charges on a typical single family residence. Impact on Single amil Current Proposed Change Water* $ 3,892 $ 3,826 -2% $ 66 Raw Water** $ 5,203 $ 5,203 0% $ 0 Wastewater $ 2,223 $ 3,194 44% $ 971 Stormwater* $ 520 $ 743 43% $ 223 Electric* $ 2,578 $ 25876 12% $ 298 Total $14,416 $ 15,842 10% $1,426 *Typi,c as d o iz **No i rease f Raw a r Comparison to other utilities is $it if nces i tomer use patterns, the unique capital needs of each utility, and different policy direction from governing bodies. The question of how Fort Collins compares to other area utilities often arises. The graph below compares water, wastewater, and stormwater PIFs and raw water requirements for a single family residence for some neighboring communities. October 16, 2007 -7- Item No. 22 Wastewater, Stormwater and Water Plant Investment Fees (Including Cash in Lieu of Raw Water Fees) 30000 25000 20000 15000 10000 5000 0 Fort Collins FortCollins- 2007 Proposed Boulder Greeley Longmont Loveland Windsor 2008 Raw Water Fees 5203.09421 5203.09421 0 7505.7 7957.33 6487.8567 15000 ®Water PIF 3892 3826 9710 9500 7856 5340 6725 ■Storm Drainage PIF 516.741047 743.972462 2002 227 650 489 632 ❑Wastewater PIF 2223 3194 1855 3900 3000 2360 3700 ❑Wastewater PIF N Storm Drainage PIF Bl Water PIF ❑Raw Water Fees MONTHLY RATES Wastewater The Ordinance increases the City's wastewater rates by 12%. The increase is applied "across the board" to all customers. With the proposed rate, a typical single family residential customer's monthly bill will increase from $19.70 to $22.07 or$2.37 per month in 2008. This is based on a system average of 5,200 gallons per month winter quarter average (WQA) water use. The wastewater rate increase is needed to generate sufficient revenue to fund the wastewater operations and meet the increase in long-term debt service obligations for a major capital project to replace the trickling filter, make odor control improvements and prepare for future regulation-based improvements at the Mulberry f ' ttg The Mulberry plant was built r 1946 up d in 1958 d 1972. In the past two years, the treatment performance of the pl -ye ri g filte ich provides first-stage secondary treatment for the plant flow)has degraded several times requiring it to be taken off-line,cleaned and restarted.Failure of the trickling filter creates a significant increase in odors until it has been cleaned. Even after restarting, the trickling filter's effectiveness has not recovered to its past efficiency. In late 2006,a study by MWH Consulting Engineers was commissioned to determine the best solution for the long-term use of the Mulberry plant.Upgrading the plant's secondary treatment processes by removing the trickling filter and its associated facilities and installing a new aeration basin and associated facilities is the most cost-effective solution. Because the trickling filter is already October 16, 2007 -8- Item No. 22 recommended for replacement, odor control improvements will also take place. Upgrading the facility will also allow the Utilities to prepare for future regulation-based improvements. The improvements, including design and construction, are projected to cost $31.8 million and will be funded by debt. An 11% increase is propose or 20� 10% r 010, an % for 2011 to maintain reserve requirements, meet debt service, conk u p ons an intenance functions. As shown in the graph below,the City's wastewater rates remain comparable to those of other local utilities: Wastewater Rate Comparisons - WQA5,200 gallons Data July25, 2007 $30 c $24.65 v $25 $22.07 m $18.94 $19.70 $19.70 $20.00 $20 $17.67 $18.38 C d w E r $15 o $10.14 v $10 m I $5 i Q Denver Longmont Greeley Boulder R.Collins Loveland Windsor R.C- Co.Sprs 2007 Proposed 2008 October 16, 2007 -9- Item No. 22 Electric The Utilities are proposing an electric rate increase averaging 2.3%in 2008 and 2.7%in 2009. The rate increase is wholly due to re we sts from Platte River Power Authority, the City's wholesa energy ppli n pt 27, 2007, Platte River's Board adopted a 3% wholesale rate i ease io 008 d rojects a to increase of about 3.5% in 2009. Platte River's increases are due eraI rsr • Increased coal and rail costs at Rawhide and Craig power plants • Increased purchased power costs from WAPA (Western Area Power Administration) • Mercury mitigation costs • Expanded energy efficiency programs(1%of revenues per PR's 2007 Integrated Resource Plan) • Capital expenditure increases(new projects&increased material costs for existing projects) • Reduction in surplus sales revenues The proposed 2.3%increase in 2008 will vary slightly by rate class. Residential rates will increase 2.0%-2.2%, commercial rates will increase 2.2%-2.3%, and industrial rates will increase approximately 2.6%. For a typical residential customer using 700 kilowatt-hours per month, the monthly bill will increase 97 cents er mon from 48.43 to$49.40. The following chart compare verage onth r tial ctric rates with other front range utilities: Electric Rate Comparison - 700 kWh per Month $80 $70 $65.88 $60 $54.43 $56.70 $56.95 y°f oc $50 $42.82 $47.41 $48.43 $49.40 $40 E c $30 w $20 v $10 $ lagml lo+tlatl R.Cd Ii.= R.CPr W Xcd.Wrta Xc -a. Co.Sprs R.V.f M &1/M October 16, 2007 -10- Item No. 22 Other In addition, the electric rate Ordinance includes a housekeeping change to the Power Factor Adjustment clause of the comme ' Itd' 'a as to ect the changes in technology. Prior to the capabilities of odern ter)Pen i en ecial recording equipment was periodically installed on servi to m re p e actor. M ers now collect the data necessary to make these calculations each so die ing is onger required. Monthly Rate Summary The following table summarizes the impact of the proposed rate increases on a typical single family residential customer's monthly utility bill. In total, a"typical" customer's bill will increase $3.34 per month. Typical Residential Customer—Monthly Utility Bill Current Proposed $ % 2007 2008 Increase Increase Electric 700 kWh per month $ ,40 $0.97 2% Wastewater 5,200 gallons/month winter quarter use )110 $ 22. $2.37 12% Stormwaterft 8,600 s . . lot,light runoff $ 14.26 $ 14.26 $0.00 0% Water January 5,000 gallons $ 22.56 $ 22.56 $0.00 0% Jul 21,000 gallon $ 60.90 $ 60.90 $0.00 0% Total JanuaryMonthl Unlit Bill $104.95 $108.29 $3.34 3% Total June Monthly Utility Bill $143.29 $146.63 October 16, 2007 -11- Item No. 22 The following charts compare water,wastewater,stormwater and electric utility costs for eight front range cities. They include the recommended 2008 increases for wastewater and electric for Fort Collins. Projected rate adjustments for the other cities are unknown at this time. Z_7 17, Residential Utilities 2007 Rate Comparison January Water Use-6,000 Gallons $140 $120 $100 $80 $60 $40 $20 $- Bou1Gr Co.B Fr9 Denver Ft Colllm'07 FL Collim'08 Grot9y L9n9mont Lov 1. "PVRso (Xuq (6I2007) (Xc ) (Xcel) (PVRP 1) ■Stormw9br 88.76 f8.00 $7.40 $14.26 $14.26 f4.30 $7.13 f10.]9 8or 3.69 m Wa�t9vwtar $18.94 $24.65 $10.14 $19.70 $22.07 816.38 $11.87 879.70 f30.00 ■W9br $17.95 $16.54 $12.47 $22.54 $22.56 $18.70 $14.95 f13.78 f28.94 m Et90trle $114.43 $1111.95 $54.43 f48.4] $49.40 f64.43 f42.62 f41A1 f88.68 �- Residential Utilities 2007 hate Carlparson JLIy Water Use 21,000 Gallons $180 $160 $140 $120 $100 $80 $60 $40 $20 Balder co.sprs Denver R.Collim R.Collire Giveley (Xzd) (8'2007) (AA) '07 '06 ( ) Loryrort Lovdad (PMRrAr) F 6.75 6 7.396 1426096 14260176 4.3 7.13 D.39 3.892 13.94 24.650731E D.14 D.69904 22.07 E.384 9.67 E.7C2 20 52.7234 76.s1ffi371 57.E fi0.90442 60.9D'W2 54.38 fi0.11 39.3E 80.58597554 56.70E 56.95W637 56.7015 48.43 49.4 56.70E 42M 47.407 65.875 October 16, 2007 -12- Item No. 22 CUSTOMER SERVICE FEES AND CHARGES The Utilities is proposing increasing the turn-off notice fee from$7.00 to$10.00 and the return item fee(returned checks,electronic s, ) $15 to $25. The increases are necessary to offset the associa cost d ah w e iness practices. WATER BOARD AND ELE � B OMM DATIONS The Water Board reviewed the 2008-2009 water utilities'budgets,water,sewer and stormwater plant investment fee changes, and monthly wastewater rate increases at the August 23, 2007 Board meeting. The Board voted 8 to 1 approving the proposed budget and fee changes with an amended motion encouraging City Council to increase the appropriation for water conservation and demand management. The Electric Board reviewed the 2008-2009 Light and Power budget and the proposed increases to the electric rates and development fees and charges at its meeting on August 15, 2007. The Board unanimously approved a motion supporting the proposed budget and fee changes. ATTACHMENTS 1. Water Board Minutes— cerpt Au st 007meet grelatingtobudget,ratesandPIFs. 2. Electric Board Minutes—excerpt from August 2007 meeting relating to budget, rates, and electric fees. 00� ORDINANCE NO. 119, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WATER PLANT INVESTMENT FEES AND RAW WATER REQUIREMENTS WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the water utility, as set forth therein; and WHEREAS, Section 26-120 of the City Code provides that the rates and parameters of the Water Plant Investment Fees be reviewed annually by the City Manager and shall be presented to City Council for approval no less frequently than biennially; and WHEREAS, the City Council adopted Ordinance No. 133, 2005 on November 15, 2005, which revised plant investment fees payable by water users both inside and outside of the City; and WHEREAS, the City Council has determined that it is appropriate for new development to contribute its proportionate share of providing capital improvements; and WHEREAS, staff recommends that existing water plant investment fees be adjusted based on the current replacement cost of the capital facilities that will be needed to serve new development and by existing system capacity; and WHEREAS, staff recommends certain clarifications be made related to raw water requirements for nonresidential service; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise water plant investment fees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section I. That Section 26-128 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 26428. Schedule C, water plant investment fees. The water plant investment fee prescribed in § 26-120 shall be payable by users both inside and outside of the city, as follows: (1) Single-family residential buildings: For the first three-fourths ('/) inch water tap or meter, a fee of seven hundred thirty dollars (5730.) for a single-family residence, plus thirty-six cents ($ 0.36) for each square foot of lot area. For lots greater than one-half acre, the lot size shall be deemed to be one-half acre for the purpose of this calculation. For each additional tap or meters larger than three-fourths ('/<) inch, the nonresidential rate shall apply. (2) Residential buildings of two (2) or more dwelling units: For each residential building unit a fee of four hundred ninety dollars ($490.), plus twenty-seven cents ($ 0.27) for each square foot of lot area. The fee will provide for one (1) tap per residential building and an adequate number of additional taps to serve common irrigable areas, if any. The number and size of taps shall be determined by the General Manager based upon the criteria established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of the Code. (3) Mobile home parks: For each mobile home park, a fee of four hundred ninety dollars ($490.) for each mobile home space in the park, plus twenty-seven cents ($ 0.27) for each square foot of lot area. The fee will provide for one (1) tap per mobile home park. The size of the tap shall be detennined by the General Manager based upon the criteria established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of the Code. (4) Hotels, roominghouses, sororities, fraternities and similar uses: The nonresidential rate shall apply. (5) Nonresidential service: a. Service to all nonresidential taps, including but not limited to taps for commercial and industrial service, shall be charged according to the size of the meter pursuant to the following schedule: Meter Size (inches) Nonresidential Plant Investment Fee '/ $ 6,970. 1 20,590. LYz 41,510. 2 65,330. 3 142,540. b. The fee for all meters larger than three (3) inches shall be negotiated with the General Manager and shall be based on estimated peak day demand but shall not be less than the charge for a 3" meter. - 2 - Section 2. That Section 26-149 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 26-149. Raw water requirement; nonresidential service. (a) Nonresidential service shall apply to all services not included in the residential category and shall include without limitation all commercial, industrial, public entity, group housing, such as nursing homes, fraternities, hotels and motels, and mixed-use customers. (b) The minimum RWR for water meters up to three and zero tenths (3.0) inches in diameter are as follows: Meter Size (inches) RWR (acre-feet) '/ .90 1.0 3.00 1.5 6.00 2.0 9.60 3.0 14.40 (c) The RWR for customers requiring a meter larger than three and zero tenths (3.0) inches, and for customers requiring two (2) or more meters, shall be detennined by multiplying the applicant's estimate of peak annual use, or the total annual allotment for the meter or meters, whichever is greater, by one and ninety-two one-hundredths (1.92), provided that such estimate is first approved and accepted by the General Manager. (d) Upon application for a water service permit after March 1, 1984, each applicant who is a nonresidential user shall be assigned an annual allotment of water equal to the greater of the RWR as determined pursuant to this Section and any RWR that was satisfied at the time of application for nonresidential water service. Further, in the event that, pursuant to subsection (f) of this Section 2, a nonresidential user submits more raw water than required under the provisions of this subsection, then the annual allotment shall be determined pursuant to said subsection (1). When a user uses more water than the annual allotment, as determined by monthly billing records in a given calendar year, a raw water surcharge in the amount prescribed in § 26-129 will be assessed on the volume of water used in excess of the annual allotment. (e) In the event an applicant applying for a nonresidential water service permit has, prior to March 1, 1984, surrendered water rights or otherwise satisfied the requirements of the City under an earlier water development program, then the minimum RWR for that - 3 - property shall be considered satisfied under this Section. However, such nonresidential user shall be subject to the raw water surcharge when the annual allotment is exceeded. (f) A nonresidential user may increase said user's annual allotment by submitting water rights, City certificates or cash in addition to the minimum required. Such submission, if made on or before December 31, 2007, shall be deemed to raise the user's allotment by an equivalent amount. Such submission, if made after December 31, 2007, shall raise the user's annual allotment by the amount of equivalent water rights submitted in acre-feet divided by 1.92. Section 3. That paragraph (b) of Section 26-150 of the Code of the City of Fort Collins is hereby amended to read as follows: (b) The satisfaction of the minimum RWR shall be made no later than the time of issuance of the water service permit. An owner of water rights or City certificates may submit acceptable water rights and/or City certificates to the City, whether or not an application for a water service permit is pending, and be credited accordingly for raw water value. Such credit may then be used to satisfy, in whole or in part, assessed RWR on subsequent application for a water service permit. Upon request, the City will convert such credit into a City water certificate in any desired amount not to exceed the amount of credit being carried by the City and issue such certificate to the owner. Once the credits have been designated to a particular premises in satisfaction of the RWR for water service, they shall not be transferred to another property. Section 4. That the amendments to Chapter 26 of the City Code contained herein shall go into effect on January 1, 2008. Introduced and considered favorably on first reading, and ordered published this 16th day of October, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D. 2007. Mayor ATT--ES' �u11a City Clerk - 4 - Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk 5 - ORDINANCE NO. 120, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO WASTEWATER RATES AND CHARGES WHEREAS, the City Council is empowered and directed by Article X[l, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services fumished by the City as will produce revenues sufficient to pay the costs expenses and other obligations of the wastewater utility, as set forth therein; and WHEREAS, Section 26-277 of the Code of the City of Fort Collins requires that the City Manager analyze the operating and financial records of the wastewater utility during each calendar year and recommend to the City Council the user rate fees or adjustments to be in effect for the following year; and WHEREAS, Section 26-277 further requires that the user rates shall be revised as necessary to assure equity of the rate system established and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater system; and WHEREAS, the treatment performance of the Mulberry Wastewater Reclamation Plant has significantly degraded and $3 L8 million is required to upgrade the plant's secondary treatment processes, to prepare the plant for future regulation-based improvements and to make odor control improvements; and WHEREAS, such improvements are not related to growth and will require increased user rates over the next five years in order to generate sufficient revenues to repay the debt to finance these needed improvements; and WHEREAS, the City Manager has recommended to the City Council that the following wastewater rates be imposed for the billing year beginning January 1, 2008; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-280 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-280. Service charges established by category. The schedule of rates for each category described in § 26-279 shall be as follows: Category Class of Customer Rate A Single-family residential user(flat rate) $23.15 per month Single-family residential user (metered $10.21 per month plus $2.038 per water use) 1,000 gallons of either winter quarter water use or 3,000 gallons, whichever is greater B Duplex (two-family) residential users (flat $36.72 per month rate) Duplex (two-family) residential users $13.63 per month plus $2.038 per (metered water use) 1,000 gallons of either winter quarter water use or 4,000 gallons, whichever is greater C Multi-family residential user (more than $2.038 per 1,000 gallons of winter two dwelling units including mobile home quarter water use, plus a base charge parks) and winter quarter based of $1.61 per month per dwelling nonresidential user unit served D Minor nonresidential user $2.038 per 1,000 gallons of water use, measured sewage flow or winter quarter water use, whichever is applicable, plus the following applicable base charge: Size of water meter (inches) Base charge '/ or smaller $ 6.88 1 15.71 1Y2 31.81 2 53.23 3 88.46 4 148.56 6 728.34 8 790.88 - 2 - E and F Intermediate nonresidential user $2.038 per 1,000 gallons of water use, and Significant industrial user measured wastewater flow or winter quarter water use, whichever is applicable; plus a surcharge of $1.953 per million gallons for each milligram per liter of suspended solids in excess of 250 milligrams per liter; plus a surcharge of $1.640 per million gallons for each milligram per liter of BOD in excess of 200 milligrams per liter or a surcharge of $1.01 t per million gallons for each milligram per liter of COD in excess of 300 milligrams per liter, or a surcharge of $2.936 per million gallons for each milligram per liter of TOC in excess of 100 milligrams per liter, whichever is applicable. The user shall pay this calculated amount plus the applicable base charge set forth below_ Size of water meter (inches) Base charge I/. or smaller $ 6.88 l 15.71 1'/2 31.81 2 5323 3 88.46 4 148.56 6 728.34 8 790.88 G User outside City limits The rate for users outside the City limits shalt be the same as for like service inside the City limits as is specified in Categories A—F and H in this Section H Special with agreement The rate pursuant to a special wastewater services agreement approved by the City Council pursuant to § 26-290 shall be set forth in said agreement. Section 2. That paragraph (a) of Section 26-282 of the Code of the City of Fort Collins is hereby amended to read as follows: - 3 - Sec. 26-282. Wastewater strength or industrial surcharges and categories established. (a) The schedule of wastewater strength surcharge for customers located either inside or outside the City limits shall be as follows: Parameter Excess over (mg/l) Rate per 1,000 gallons BOD 200 $0.001640 COD 300 0.001011 TOC 100 0.002936 TSS 250 0.001953 Section 3. That the amendments to Chapter 26 of the City Code contained herein shall go into effect on January 1, 2008. Introduced and considered favorably on first reading, and ordered published this 16th day of October, A.D. 2007, and to be presented for fin passage on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk - 4 - ORDINANCE NO. 121, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE SEWER PLANT INVESTMENT FEES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs expenses and other obligations of the wastewater utility, as set forth therein; and WHEREAS, Section 26-277 of the Code of the City of Fort Collins, requires that the City Manager analyze the operating and financial records of the wastewater utility during each calendar year and recommend to the City Council the user rate fees or adjustments to be in effect for the following year; and WHEREAS, Section 26-283 of the City Code provides that the City Manager review the rates and parameters of the Sewer Plant Investment Fees annually and present them to City Council for approval no less frequently than biennially; and WHEREAS, a study of the Sewer Plant Investment Fees was conducted in 2005 which recommended an increase in Plant Investment Fees of 174%; and WHEREAS, in light of the magnitude of those proposed increases, City Council determined in 2005 to buffer the impact of the fees by phasing them in over a three year period; and WHEREAS, the first phase of the new fees was adopted by Ordinance 134, 2005 and was effective January 1, 2006, and WHEREAS, the second phase of the new fees was adopted by Ordinance 174, 2006 and was effective January 1, 2007; and WHEREAS, in accordance with Council's earlier direction, the City Manager now recommends that the final phase of the fees recommended in 2005 be adopted to be effective January 1, 2008. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That paragraphs (a) and (d) of Section 26-284 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-284. Sewer plant investment fees and surcharges established. (a) The schedule of sewer plant investment fees, subject to the exceptions and additional requirements provided in this Section, is as follows: Category SPIF A $3,194. B and C $2,069. for each dwelling unit or mobile home space Water meter Category size (inches) Fee D, E, F / $ 6,206. 1 16,361. l% 28,396. 2 50,963 3 121,484 4 and above Calculated on an individual basis base( on peak wastewater flow (determined u the manner set forth hereinafter) but no less than the charge for a three-incl meter. G Same as equivalent category, plus any special sanitation district fees. l{ Determined pursuant to paragraph (d) of this Section. (d) The amount of the plant investment fee and surcharge for each nonresidential surcharged user, users in Category H and any user that is expected to generate greater than its proportionate share of peak day flow at the treatment plant for the applicable category (including both contributed wastewater volume and volume related to infiltration and inflow), shall be calculated utilizing the following formula: SPIF = Flow x [Flows + (BOD x BODs) + (TSS x TSS$)] Where: - 2 - SPIF = Plant investment fee for Category H users and users discharging wastewater with average concentrations of BOD and/or TSS which exceed those average concentrations which are set forth in § 26-282(b) under Category E-34 Flow = The user's proportionate share of peak day flow at the treatment plant including both contributed wastewater volume and volume related to infiltration and inflow Flows _ $5.31 per gallon (unit cost of facilities attributable to treating wastewater flow) BOD = Average BOD concentration for user category or measured BOD concentration for the user as determined in accordance with Subsection (c) of this Section, but not less than 200 mg/1 BOD$ = $0.0116 per mg/l (unit cost of facilities attributable to treating BOD) TSS = Average TSS concentration for user category or measured TSS concentration for the user as determined in accordance with Subsection (c) of this Section, but not less than 250 mg/I TSS$ _ $0.0093 per mg/l(unit cost of facilities attributable to treating TSS) Section 2. That the amendments to Chapter 26 of the City Code contained herein shall go into effect on January 1, 2008. Introduced and considered favorably on first reading, and ordered published this 16th day of October, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk - 3 - Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk - 4 - ORDINANCE NO. 122, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ELECTRIC RATES, FEES AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, Platte River Power Authority has indicated that the wholesale cost of power will increase approximately 3% in 2008; and WHEREAS, the City Manager has recommended that the rates for electric service be adjusted to reflect this increase in purchase power costs; and WHEREAS, improved metering technology has enabled to the Utilities to calculate a customer's power factor without periodic testing; and WHEREAS, the City Manager and staff have recommended to the City Council the following adjustments to the electric rates for all billings issued with meter readings on or after January 1, 2008; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise electric rates, fees and charges. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That paragraph (c) of Section 26-464 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: Three dollars and sixty-nine cents ($3.69). (2) Demand charge, per kilowatt-hour: Two and seventy-eight one-hundredths cents ($0.0278). (3) Distribution facilities charge, per kilowatt-hour: One and fifty-six one- hundredths cents ($0.0156). (4) Energy charge, per kilowatt-hour: One and seventy-nine one-hundredths cents ( $0.0179). (5) 1n lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. Section 2. That paragraph (c) of Section 26-465 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. (c) Monthly rate. The monthly rates are as follows: (1) Fixed charge, per account: Six dollars and eight cents ($6.08). (2) Demand charge, per kilowatt: Four dollars and five cents ($4.05). (3) Distribution facilities charge, per kilowatt-hour: One and twelve one- hundredths cents ($0.0112). (4) Energy charge, per kilowatt-hour: One and seventy-nine one-hundredths cents ($0.0179). (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of monthly service charges billed pursuant to this Section. Section 3. That paragraphs (c) and (i) of Section 26-466 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-466. General service, schedule GS. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: 2 - a. Single-phase, two-hundred-ampere service: Two dollars and eighty-four cents ($2.84). b. Single-phase, above two-hundred-ampere service: Seven dollars and forty-six cents($7.46). c. Three-phase, two-hundred-ampere service: Four dollars and sixty-one cents ($4.61). d. Three-phase, above two-hundred-ampere service: Eight dollars and seventy-three cents ($8.73). (2) Demand charge, per kilowatt-hour: a. First two thousand(2,000) kilowatt-hours: four cents ($0.0400). b. Next five thousand (5,000) kilowatt-hours: One and eighty-eight one- hundredths cents ( $0.0188). c. All additional kilowatt-hours: Zero ($0.00). (3) Demand charge, per kilowatt: a. All kilowatts billed in excess of twenty-five (25) kilowatts: Six dollars and ninety-nine cents ($6.99). (4) Distribution facilities charge, per kilowatt-hour: One and forty-two one- hundredths cents ($0.0142). (5) Energy charge, per kilowatt-hour: One and seventy-nine one-hundredths cents ($O.0179). (6) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (i) Power factor adjustment. Power factor shall be determined by using watt and volt- ampere measurements collected by the electric meter at the point of service_ The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety-percent lagging, a power factor adjustment may be made by increasing the billing demand by one (1) percent for each one (1) percent by which the power factor is less than ninety-percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period. - 3 - Section 4. That paragraphs (c) and 0) of Section 26-467 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-467. General service 50, schedule GS50. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: Twenty-five dollars and zero cents ($25.). An additional charge of forty dollars and zero cents ($40.) may be assessed if telephone communication service is not provided by the customer. (2) Coincident demand charge, per kilowatt: Twelve dollars and sixty-seven cents ($12.67)but not less than one cent($.01) per kilowatt-hour. (3) Distribution facilities demand charge, per kilowatt: Four dollars and thirty-one cents ($4.31). (4) Energy charge, per kilowatt-hour: One and seventy-nine one-hundredths cents ( $0.0179). (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. Q) Power factor adjustment. Power factor shall be determined by using watt and volt- ampere reactive measurements collected by the electric meter at the point of service. The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety-percent tagging, a power factor adjustment may be made by increasing the coincident and distribution facilities demand by one (1) percent for each one (1) percent by which the power factor is less than ninety- percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period. Section 5. That paragraphs (c) and (k) of Section 26-468 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-468. General service 750, schedule GS750. - 4 - I (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: Thirty dollars and sixty cents ($30.60). a. Additional charge for each additional metering point: Twenty-five dollars and ninety-two cents ($25.92). b. An additional charge of forty dollars and zero cents ($40.) for each metering point may be assessed if telephone communication service is not provided by the customer. (2) Coincident demand charge, per kilowatt: Twelve dollars and forty-eight cents ($12.48) but not less than one cent ($0.01) per kilowatt-hour. (3) Distribution facilities demand charge, per kilowatt: a. First seven hundred fifty (750) kilowatts: Four dollars and twenty-five cents ($4.25). b_ All additional kilowatts: Two dollars and ninety-one cents ($2.91). (4) Energy charge, per kilowatt-hour: One and seventy-six one-hundredths cents ($0.0176). (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (k) Power factor adjustment. Power factor shall be determined by using watt and volt- ampere reactive measurements collected by the electric meter at the point of service. The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety-percent lagging, a power factor adjustment may be made by increasing the coincident and distribution facilities demand by one (1) percent for each one(1) percent by which the power factor is less than ninety- percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period. Section 6. That paragraph (b) of Section 26-469 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-469. Special area floodlighting, schedule FL. - 5 - (b) Monthly rate. The monthly rates (including a six-and-zero-tenths-percent charge in lieu of taxes and franchise) are as follows: (1) Charge per lamp, mercury vapor: a. One-hundred-seventy-five-watt: Fifteen dollars and sixty-four cents ($15.64). b. Two-hundred-fifty-watt: Eighteen dollars and forty cents ($18.40). c. Four-hundred-watt: Twenty-four dollars and eight cents ($24.08). (2) Charge per lamp, high-pressure sodium: a. Seventy-watt: Six dollars and sixty-one cents ($6.61). b. One-hundred-watt: Nine dollars and thirty-five cents ($9.35). c. One-hundred-fifty-watt: Fourteen dollars and eighty cents ($14.80). d. Two-hundred-fifty-watt: Eighteen dollars and eighty-three cents ($18.83). e. Four-hundred-watt: Twenty-four dollars and eighty-four cents ($24.84). Section 7. That paragraph (c) of Section 26-470 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-470. Traffic signal service, schedule T. (c) Monthly rate. The monthly rates (including a six-and-zero-tenths-percent charge in lieu of taxes and franchise) are as follows: (1) Fixed charge, per account: Forty-nine dollars and fifty-one cents ($49.51). (2) Charge, per kilowatt-hour: Four and seventy-two one-hundredths cents ($0.0472). (3) Equipment rental charges, when applicable, will be determined by cost analysis by the utility. Service extensions and signal installations made by the utility shall be paid for by the City general fund, subject to material and installation costs at the time of installation. - 6 - Section 8. That the amendments to Chapter 26 of the City Code contained herein shall go into effect for all bills issued with meter readings on or after January 1, 2008. Introduced and considered favorably on first reading, and ordered published this 16th day of October, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D. 2007. Mayo ATTEST: W. City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk - 7 - ORDINANCE NO. 123, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC DEVELOPMENT FEES AND CHARGES WHEREAS, the City Council is empowered and directed by Article X[I, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services famished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the City Council has determined that it is appropriate for new development to contribute its proportionate share of providing capital improvements; and WHEREAS, Section 26-471 of the City Code requires that the City Manager review electric development fees annually and present the fees to the City Council for approval no less than biennially; and WHEREAS, the City Manager and staff have recommended to the City Council the following adjustments to the electric development fees and charges for all billings issued on or after January 1, 2008; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise electric development fees and charges. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That paragraphs (b) and (e) of Section 26-472 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-472. Residential electric es.development fees and charges. g (b) The ECF shall be the total of the site footage charge, dwelling charge and systems modification charge, to be determined as follows: (1) The site footage charge shall be the combined total of: a. Four and seven hundred thirty-one one-thousandths cents ( $0.04731) per square foot of developed site square footage, including all applicable tracts but excluding the area dedicated public rights-of-way; and b. Nine dollars and fifty-three cents ( $9.53) per lineal foot of the developed site abutting a dedicated street or roadway. (2) The dwelling unit charge shall be as follows: a. For single-family panel size with one-hundred-fifty-amp service (nonelectric heat), one thousand one-hundred seventy-seven dollars ($1,177.) per dwelling unit; b. For single-family panel size with two-hundred-amp service (nonelectric heat or electric heat), one thousand nine hundred ninety-one dollars ($1,991_) per dwelling unit; c. For multi-family panel size with one-hundred-fifty-amp service (nonelectric heat), seven hundred eighty-five dollars ($785.) per dwelling unit; d. For multi-family panel size with two-hundred-amp service (nonelectric heat or electric heat), one thousand three hundred ninety-nine dollars ($1,399.) per dwelling unit. (3) A system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF. (c) A Building Site Charge ("BSC") for any new or modified residential service shall be paid prior to issuance of a building permit for the related construction or modification. The BSC shall be based upon the current rates as of the time of issuance of the building permit. The BSC shall be the total of the secondary service charges, and any additional charges, determined as follows: (1) The secondary service charge shall be as follows: ,Secondary Service Size Charge (up to 65 feet) Plus Per Foot Charge For Each Foot Over 65 1/0 service $625.00 $4.50/Foot 4/0 service $787.00 $5.45/Foot 350 kCM Service $873.00 $6.92/Foot 1/0 Mobile Home Service $490.00 N/A 4/0 Mobile Home Service $623.00 N/A - 2 - (2) Actual special costs to the utility of installation of secondary service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement. Section 2. That paragraphs (b) and (c) of Section 26-473 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-473. Nonresidential electric development fees and charges. (b) The ECF shall be the total of the site footage charge, service entrance charge and systems modification charge, to be determined as follows: (1) The site footage charge shall be the combined total of: a. Four seven hundred thirty-one one-thousandths cents ( $0.04731) per square foot of developed site square footage, including all applicable tracts but excluding the area of dedicated public rights-of-way; and b. Thirty-five dollars and fifty-two cents ( $35.52) per lineal foot of the developed site abutting a dedicated street or roadway. (2) The service entrance charge shall be fifty-five dollars and eleven cents ($55,11) per kilovolt-amp (kVA) of service entrance rating for Utility-owned transformers and forty-five dollars and seventy-eight cents ($45.78) per kVA of service entrance rating for customer-owned transformers. (3) A system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF. (c) A Building Site Charge ('BSC') for extending primary circuitry to the transfonner for any new or modified nonresidential service shall be invoiced and paid in the same manner and at the same time as the ECF is invoiced and paid pursuant to Subsection (a) of this Section. The BSC shall be the total of the primary circuit charge, transformer installation charge and any additional charges, determined as follows: (1) The primary circuit charge for service from the utility source to the transformer shall be as follows: 3 - a. For single-phase service, a charge of eight dollars and seventy-eight cents ( $8.78) per foot of primary circuit; b. For three-phase service, a charge of seventeen dollars and seventy-two cents ( $17.72) per foot of primary circuit. (2) The transformer installation charge shall be as follows: a. For single-phase service, a charge of one thousand one hundred forty- eight dollars ($1,l48) per transformer; b. For three-phase service, a charge of two thousand one hundred thirty- two dollars ($2,132.) per transformer. (3) Actual special costs to the utility of installation of service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement. Section 3. That the amendments to Chapter 26 of the City Code contained herein shall go into effect for all bills issued on or after January 1, 2008. Introduced and considered favorably on first reading, and ordered published this 16th day of October, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk - 4 - Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk 5 - ORDINANCE NO. 124, 2007 OF THE COUNCIL OF THE CITY OF FO RT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE STORMWATER PLANT INVESTMENT FEES WHEREAS, Article XII Municipal Public Utilities, Section 6 Municipal Utility Rates and Finances, requires all net operating revenues of the city's utilities to be held within the respective utility's fund; and WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the storm water utility, as set forth therein; and WHEREAS, Section 26-51 l(a) of the Code requires that the City Manager review the rates and parameters of the Stormwater Plant Investment Fees annually and present them to City Council for approval no less frequently than biennially; and WHEREAS, the City Council adopted Ordinance No. 136, 2005 on November 15, 2005, which established the stormwater plant investment fees now in effect; and WHEREAS, the Council has adopted stormwater basin master plans recommending 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 adopted Ordinance No. 168, 1998 determining that all developed lands within the City benefit by the installation of such stormwater facilities; and WHEREAS, existing stormwater rate payers have paid for the design, right-of-way and construction of stormwater facilities identified in the drainage basin master plans that will benefit and be utilized by new development; and WHEREAS, the Council has determined that new development should pay its proportionate share of the costs of the stormwater infrastructure as it exists at the time of development; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise stormwater plant investment fees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That subparagraph (2) plant investment fee base rate of Section 26-512 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-512. Stormwater plant investment fees established. (2) Plant investment fee base rate. The stormwater plant investment fee base rate is four thousand twenty dollars ( $4,420.) per gross acre of area. Section 2.That the amendments to Chapter 26 of the City Code contained herein shall go into effect January 1, 2008. Introduced and considered favorably on first reading, and ordered published this 16th day of October, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk - 2 - ORDINANCE NO. 125, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO UTILITY CONNECTION FEES AND MISCELLANEOUS CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs expenses and other obligations of the such utility, as set forth therein; and WHEREAS, with respect to the four City utilities, the City Code requires the City Manager to analyze the operating and financial records during each calendar year and recommend to the City Council the user fees or adjustments to be in effect for the following year; and WHEREAS, due to the increased cost of processing turn off notices and returned payments, the City Manager recommends that the service fees be adjusted to reflect the costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That paragraph (b) of Section 26-712 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-712. Utility bill and account charges authorized; procedures. (b) The following account and miscellaneous fees and charges shall apply to all City utility customers receiving service pursuant to the terms of Chapter 26, whether within or outside of the corporate limits of the City, except as otherwise expressly stated: Service connection fee for account with one or more metered services $19.65 (including non metered services for the same account) Customer-initiated rate change(after 90 days of new service) $19.65 Service connection fee for account with only non-metered services $10.00 (stormwater, wastewater, wind, flat commercial electric, sprinkler clocks, cable towers and floodlights) Service fee to reinstate an account to the owner/property manager $10.00 between tenants Turn-off notice fee $10.00 Reconnect fee per service for water or electric following disconnection $20.00 for delinquency After-hours reconnect - Water (after 5:00 p.m. weekdays or $46.00 weekend/holiday) After-hours reconnect - Electric (after 5:00 p.m. weekdays or $55.45 weekendiholiday) Return item fee (check, electronic fund transfer, credit card, etc.) $25.00 Owner-requested repair disconnect fee, per trip $20.00 Research/document fee per hour $20.00 Other miscellaneous charges will be based on direct cost plus 15% indirect costs. Section 2. That the amendments to Chapter 26 of the City Code contained herein shall go into effect on January 1, 2008. Introduced and considered favorably on first reading, and ordered published this 16th day of October, A.D. 2007, and to be presented for final passage-an the 20th day of November, A.D. 2007. i Mayor TTEST: City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk - 2 -