HomeMy WebLinkAbout005 - 01/19/2021 - AMENDING CHAPTER 26 OF CITY CODE TO CLARIFY WATER AND SEWER PLANT INVESTMENT FEES ORDINANCE NO. 005, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT
COLLINS TO CLARIFY WATER AND SEWER PLANT INVESTMENT FEES
WHEREAS, the City owns and operates Fort Collins Utilities, which includes a Water
Utility and a Wastewater Utility; and
WHEREAS, City Code Sections 26-120 provides for water plant investment fees
("WPIFs") and subsection (c) states that no user of City water shall make any changes or
additions to the property served that would significantly affect the nature or quantity of the use of
water without first obtaining a new water service permit from the utility; and
WHEREAS, there is the potential for the nature or quantity of the use of water to be
changed when users of City water increase their annual allotment by meeting an additional Water
Supply Requirement pursuant to City Code Section 26-149(g) and related sections of City Code,
which results in the issuance of a new water service permit; and
WHEREAS, City Code Sections 26-283 provides for sewer plant investment fees
("SPIFs") and subsection (c) states that no wastewater utility user shall make any changes or
additions to the property served or operations at the property that would significantly affect the
nature or quantity of the wastewater discharged and/or cause a change in the category of use
without first obtaining the approval of the Utilities Executive Director and paying a SPIF based
on the altered service; and
WHEREAS, there is the potential for the nature or quantity of the wastewater discharged
and/or cause a change in the category of use to be significantly affected when wastewater utility
users increase the annual allotment by meeting an additional Water Supply Requirement
pursuant to City Code Section 26-149(g) and related sections of City Code for water service
permits associated with the wastewater service; and
WHEREAS, City Code historically has not expressly stated that increases in a water
users' annual allotments are changes that may require additional WPIFs and SPIFs, although this
has been the meaning and intent of the above sections of City Code; and
WHEREAS, the City Manager and City staff have also recommended to the City Council
that City Code be clarified in this respect; and
WHEREAS, the Water Board considered the proposed clarification to City Code at its
meeting on October 15, 2020, and recommended approval of the proposed adjustments; and
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.
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Section 2. That Section 26-120 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-120. Water plant investment fees.
(c) No user of City water shall make any changes or additions to the property served
that would significantly affect the nature or quantity of the use of water without
first obtaining a new water service permit from the utility and paying the WPIF
based on the new use. Such changes include without limitation the resumption of
service by replacement of an abandoned service line, an increase in the size of the
water meter, an increase in the number of dwelling units or the lot area to be
served, an increase of the annual allotment, and a change from residential to
nonresidential use.
Section 3. That Section 26-283 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-283. - Sewer plant investment fees (SPIF); basis.
{c) No wastewater utility user shall make any changes or additions to the property
served or operations at the property that would significantly affect the nature or
quantity of the wastewater discharged and/or cause a change in the category of
use without first obtaining the approval of the Utilities Executive Director and
paying a SPIF based on the altered service. Such changes include without
limitation the replacement of an abandoned service line, an increase in the water
or sewer tap size, an increase in the number of dwelling units, a change from
residential use to nonresidential use, an increase of the annual allotment for a
water service permit associated with the wastewater service, or a modification of
production by a nonresidential user.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021.
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Passed and adopted on final reading on the 19th day of January, A.D. 2021.
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