HomeMy WebLinkAbout119 - 10/19/2021 - AMENDING CITY CODE TO MAKE VARIOUS CHANGES TO THE REQUIREMENTS AND FEES FOR WATER SERVICE ORDINANCE NO. 119, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO MAKE VARIOUS CHANGES TO THE REQUIREMENTS AND
FEES FOR WATER SERVICE
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to 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, the City owns and operates a water utility that provides treated water service
to customers in its service area; and
WHEREAS, through various water supply furnishing and development programs, the City
has required that persons desiring new or increased water service from the water utility furnish or
otherwise provide to the City certain rights to use water or payments of cash-in-lieu thereof in
order to offset the impacts of the requested water service, which requirements are currently set
forth in Sections 26-129, 26-147, 26-148, 26-149, and 26-150 of City Code as the Water Supply
Requirement("WSR"); and
WHEREAS,the City has also required that persons desiring new or increased water service
from the water utility, pay water plant investment fees ("WPIFs") for growth-related capital
expansion costs of water supply, storage, transmission, treatment, distribution and administrative
facilities that are reasonably related to the overall cost of and required in providing water services,
which WPIFs correspond to the WSR, and which requirements are currently set forth in Sections
26-120 and 26-128 of City Code; and
WHEREAS, City staff has historically reviewed the WSR (and its predecessor water
supply furnishing or development requirements) and WPIFs requirements periodically to ensure
that the rights to use water and cash payments received by the City are sufficient to offset the
impacts from the requested new or increased water service; and
WHEREAS, City staff has completed a comprehensive and thorough review of the WSR
and WPIFs and has determined that various changes thereto are desirable and beneficial for the
water utility and its ratepayers, including to ensure that, among other things, the impacts of new
and increased water service are offset and that the water utility has sufficient water supplies and
infrastructure to serve customers of the water utility with an adequate level of service,while doing
so in a fair and equitable manner such that development through the new or increased water service
pays its own way; and
WHEREAS, consistent with said review, the changes to City Code below include:
clarifications to when a change in use requires the need for a new water service permit and
associated reviews; a requirement to have separate service lines and meters for irrigation purposes
in certain circumstances; certain clarifications to the WPIFs; revised WSR calculations for
residential and nonresidential service; modifications to the application of the excess water use
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surcharge for nonresidential water service for irrigation when new irrigation systems are installed;
procedures to authorize modified WSRs for certain unique situations; and clarification of how the
WSR is met; and
WHEREAS,the changes to the WSR below also include changes to the water supply factor
by which anticipated customer demands are multiplied for purposes of establishing the amount of
the WSR, which has historically been 1.92 and identified in the WSR calculations in City Code to
account for variations in water supplies and other factors; and
WHEREAS, the WSR is also used to establish the annual allotment for nonresidential
permits pursuant to Section 26-149 of City Code, by which nonresidential permits sought after
March 1, 1984 have received an annual allotment of water,such that use over the annual allotment
is billed an excess water use surcharge; and
WHEREAS, the historical use of a 1.92 water supply factor in these WSR calculations
historically caused certain confusion in the administration of the WSR because, among other
things: the amount of the WSR(in acre-feet)to receive water service is 1.92 times greater than the
anticipated customer demand and the annual allotment(in gallons) for nonresidential permits that
applies to the ongoing receipt of water service; and
WHEREAS,the administration of the WSR would be improved if the amount of the WSR
is the same as the amount of the anticipated customer demand and any annual allotment while
using the same units, which requires that the WSR calculations no longer expressly identify the
1.92 water supply factor and that the WSR be converted to gallons which is the same unit of annual
allotments; and
WHEREAS,there are various water certificates issued by the City and WSR credits in the
City's records that were created before January 1, 2022, with the intent and mutual understanding
that the 1.92 water supply factor would apply to them, and thus, the 1.92 water supply factor will
continue to apply to such water certificates and credits as a legacy to preserve those contractual
arrangements; and
WHEREAS, the City Manager and City staff have recommended to the City Council that
the following changes to City Code go into effect as of January 1, 2022, among other reasons, in
order to provide adequate time for staff and the public to prepare for the changes.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-41 of the Code of the City of Fort Collins is hereby
amended to add a definition of"change in use"to read as follows:
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Sec. 26-41. - Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
Change in use shall mean a material change in how City water is used on a property that requires
changes to physical infrastructure, additional legal approvals,or changes to legal classifications of
the property. The following circumstances are identified by way of example and not limitation:
A change in use would result from:
(1) the property being included in a different use category for zoning or land use
purposes;
(2) the property being included in any development review process under the Land Use
Code;
(3) the property being served by an additional service line;
(4) a service line or meter being relocated and applied to a different use or building on
the property;
(5) a building on the property being expanded;
(6) the property requiring any Commercial General Alteration permit under City Code
where there is an increase in fixture units or water use; or
(7) the property being reclassified from residential to commercial in the Utility's billing
system.
A change in use would not result from:
(1) ownership of a water service being transferred from one owner to another;
(2) ownership of a property or premise being transferred from one owner to another;
(3) more or less water being delivered under an existing water service;
(4) an annual allotment being exceeded and excess water use surcharges are assessed;
(5) a water meter being repaired or replaced; or
(6) an existing water service line downstream of the curb stop being repaired or
replaced.
Section 3. That Section 26-94 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-94. - Individual service lines required.
(a) Each property shall be served by its own service line, and no connection with the water
utility shall be made by extending the service line from one(1)property to another property. Each
building shall be served by a separate service line; however, the Utilities Executive Director may
require that a building be served by more than one (1) service line. Separate service lines and
meters for irrigation purposes shall be required for all properties, except for: (1) single-family
residences; (2) duplex residences; and (3) properties where the annual use for irrigation under the
water budget chart under the Land Use Code §3.2.1(E)(3)(b)(1) is less than 30,000 gallons per
year. For purposes of this Section, the term building means a structure standing alone, excluding
fences and covered walkways. A separate accessory structure is a separate building. To qualify as
one (1) building, all portions, additions or extensions must be connected by an attachment that is
an enclosed part of the building and usable by the occupants.
Section 4. 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.
(b) The WPIF shall be based on and used for growth-related capital expansion costs of water
supply, storage, transmission, treatment, distribution and administrative facilities that are
reasonably related to the overall cost of and required in providing water services to serve new
development. The fee shall vary with the number of dwelling units and the lot area served for
residential users and with the size and use of the water meter for nonresidential users. The
parameters and rates shall be reviewed by the City Manager annually and fees shall be presented
to the City Council for approval no less frequently than biennially.
(c) No user of City water shall►nake any changes or additions to the property served that would
significantly affect the timing 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 areas
to be served, an increase in the annual allotment, and a change from residential to nonresidential
use.
(e) Notwithstanding the provisions of Subsections (a) and (c) of this Section the Utilities
Executive Director may waive payment of the WPIF if the Utilities Executive Director determines
that the requested connection will not adversely affect the capacity of the water utility to treat and
deliver water for its users, and that if at least one of the following sets of requirements applies.
Under either set of requirements, the Utilities Executive Director shall have the authority to
discontinue the temporary water service if the capacity of the water utility to treat and deliver water
to its users is adversely affected.
(1) The applicant is a customer of the water utility and shall only use the water
connection as a source of irrigation m ater for the establishment of new native vegetation.
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For the purposes of this requirement, native vegetation shall be as defined in the City's
Land Use Code or, if native vegetation is no longer defined in the City's Land Use Code,
the Utilities Executive Director shall determine whether the vegetation to be irrigated is
native vegetation for the purposes of this Subsection (e) following consultation with
relevant City departments. The approved period of such connection shall not exceed three
(3) calendar years from the date of approval, provided that for the purposes of this
provision, the first calendar year shall be from the date of installation through December
31. The applicant shall physically separate and abandon the water connection from the
City's water distribution system at the end of the approved period of such connection and
shall, before any such connection is made, escrow funds with the Utility to complete such
disconnection and abandonment, with the amount of the funds to be determined by the
Utilities Executive Director based on the estimated direct costs to complete such
disconnection and abandonment plus fifteen(15) percent for indirect costs.
(2) The applicant is a City service area, department, or division, or the Poudre Fire
Authority, no new physical connection to the City's water system is required, water use
under this Subsection (e) would not occur during the period of May 1 through September
30,and the Utilities Executive Director determines that the applicant's water use under this
Subsection (e) during such time period is necessary because the applicant's regular water
supply has become unavailable during that period and the unavailability of the applicant's
regular water supply will result in measurable economic damage to the applicant.
(3) Notwithstanding the provisions of Subsections (a) and (c) of this Section, the
Utilities Executive Director may waive payment of the WPIF if the applicant is a customer
of the water utility who, after notifying the water utility of a proposed change in use from
residential to nonresidential use, was not charged a WPIF by the utility for said change;
provided, however, that:
Section 5. That Section 26-128 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-128. - 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:
(2) Residential buildings of two (2)or more dwelling units(including fraternity
and sorority multi-family housing)
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
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and size of taps shall be determined by the Utilities Executive Director based
upon the criteria established in the Uniform Plumbing Code as amended
pursuant to Chapter 5 of this Code.
a. For each residential building unit $567.00
(3) Mobile home parks
The size of the tap shall be determined by the Utilities Executive Director based
upon the criteria established in the Uniform Plumbing Code as amended
pursuant to Chapter 5 of this Code.
a. For each residential building unit $567.00
b. Plus, for each square foot of lot area to be irrigated with the tap serving the $0.30
residential building unit
(4) Hotels, fraternity and sorority dormitory housing, and similar uses.
The nonresidential rate shall apply.
(5) Nonresidential service
a. Service to all nonresidential taps other than irrigation-only taps in
subsection b shall be charged according to the size of the meter pursuant to the
following schedule:
Meter Size (inches) Non-
residential
Non-Irrigation-Only
WPIF
3/, $4,416.00
1 $11,072.00
11:2 $20,405.00
2 $40,100.00
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The fee for such meters larger than two (2) inches shall be calculated by $5.39
multiplying the estimated peak daily demand, as determined by the Utilities
Executive Director,by the following charge per gallon,but shall not be less than
the charge for a two-inch meter.
b. Service to all irrigation-only taps shall be charged according to the size of
the meter pursuant to the following schedule:
Meter Size (inches) Non-
residential Irrigation
Only
Plant WPIF
% $14,317.00
1 $32,716.00
1'/2 $81,367.00
2 $124,355.00
The fee for meters larger than two (2) inches shall be calculated by $5.39
multiplying the estimated peak daily demand approved by the Utilities Executive
Director by the following charge per gallon, but shall not be less than the charge
for a two-inch meter.
Section 6. 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
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(3) For daily rental for meter and fittings Per meter $8.60
(4) For water service Per 1,000 gallons $13.76
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:
(1) To satisfy Water Supply Requirement(WSR)with cash Per $42,518.40
payments 325,851 gallons
of WSR
(2) Excess water use surcharge assessed on nonresidential Per 1,000 gallons $10.39
users when water use is in excess of the applicable annual
allotment
Section 7. That Section 26-147 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-147. -Grant of water rights; required.
All owners of premises requesting water service from the City, including new water service or a
change in use,shall,before being granted a water service permit,satisfy the assessed Water Supply
Requirements (WSR) as determined in this Division without cost to the City. The WSR is as
provided in this Division.
Section 8. That Section 26-148 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-148. -Water supply requirement(WSR); residential service.
(a) Residential service for WSR shall include single-family, duplex, mobile"manufactured
homes, and multi-family dwelling units (greater than 2 dwelling units), including fraternity and
sorority multi-family housing.
(1) For residential service to single family and duplex, the formula to calculate the
WSR shall be:
Indoor - 12,200 x Bedrooms
WSR
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Outdoor — 10 x Outdoor Area
WSR
Where:
WSR — Water Supply Requirement in gallons
Outdoor Area of the parcel for which water service is requested, in square
Area feet, less: the area of any buildings (footprint), paved driveways,
City sidewalks, public street rights-of-way, City-maintained
tracts and rights-of-way, ditches, railways, and other areas
typically maintained by persons other than the owner of the
premises or an agent of the owner. The outdoor area shall be as
determined by the Utilities Executive Director. if adequate
information is not available, the area of the parcel shall be used
for outdoor area.
Bedrooms Number of bedrooms on the parcel for which water service is
requested, as determined by the Utilities Executive Director.
(2) For residential service to multi-family dwelling units(greater than 2 dwelling units)
including fraternity and sorority multi-family housing, the formula to calculate the WSR
shall be:
WSR 13,100 x Bedrooms
Where:
WSR Water Supply Requirement in gallons
Bedrooms Number of bedrooms on the parcel for
which water service is requested, as
determined by the Utilities Executive
Director.
(3) For mobile home parks/manufactured home dwelling unit developments, the WSR
shall be the estimated peak annual water use determined by the Utilities Executive Director.
The applicant shall provide the Utilities Executive Director with its estimated peak annual
water use and any supporting information, including a consideration of indoor and outdoor
use. The Utilities Executive Director shall consider the applicant's estimate and all
relevant and reliable data and information,and shall make the determination following any
appropriate investigations,including requests for additional information and analyses from
the applicant.
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(c) In order to preserve the value of the water certificates issued by the City or WSR credits in
the City's records issued before January 1, 2022, the WSR for residential service calculated
pursuant to this Section shall be multiplied by 1.92 to the extent the WSR is met pursuant to §26-
150(a)(1) with water certificates issued by the City or WSR credits in the City's records issued
before January 1, 2022.
Section 9. That Section 26-149 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-149. - Water supply requirement (WSR); nonresidential service.
(a) Nonresidential service for WSR shall apply to all services not included in the residential
category and shall include,without limitation,all service to customers for: commercial; industrial;
irrigation; public entity; group housing, such as nursing homes and long-term care facilities,
fraternity and sorority dormitory housing; hotels and motels; and mixed-use purposes, provided
that service for irrigation purposes shall not be mixed with other purposes.
(b) The minimum WSR shall be calculated using the table in this subsection. The Utilities
Executive Director shall determine the type of use to be used based on all relevant information and
the common meaning of the listed uses. If various portions of a property are used for separate
uses,the WSR for the various portions of the property shall be calculated separately and aggregated
to determine the WSR for the entire property. The WSR for any use not addressed by the table
shall be calculated pursuant to Subsection (c).
Use WSR Calculation
Auto retail 5 gallons per parcel area
Auto service and repair 8 gallons per square foot of building
Car wash self-serve and bays only) 221,100 gallonsperbay
Car wash (drive thru conveyor only) 1,500 gallons per square foot of
building
Childcare 28 gallonsper square foot of building
Gas Station with car wash 44 gallons per square foot of building
plus WSR for car wash pursuant to
Subsection b
Gas Station without car wash 44 gallons per square foot of building
Grocery 25 allonsper square foot of building
Group housing, including fraternity Pursuant to Subsection(c)
and sorority dormitory housing _
Hospital Pursuant to Subsection c
Hotel/Motel 23,300 gallons per room
Industrial/Manufacturing _ Pursuant to Subsection c
Irrigation Pursuant to water budget chart,
Land Use Code §3.2.1E 3 b 1
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K-12 Schools 11 gallons per square foot of building
Medical Office 33 gallons per square foot of building
Nursing Homes and Long-Term Care Pursuant to Subsection(c)
Facilities
Office 7 gallons per square foot of building__
Places of Worship 10 gallons per square foot of building
Recreation with pool Pursuant to Subsection c
Recreation 36 gallons er square foot of building
Restaurant 145 gallons per square foot of
building
Retail 5 gallons per square foot of building
Storage/Warehouse Pursuant to Subsection c
(c) As required by Subsection (b), the WSR for such uses shall be the estimated peak annual
water use determined by the Utilities Executive Director. The applicant shall provide the Utilities
Executive Director with its estimated peak annual water use and any supporting information. The
Utilities Executive Director shall consider the applicant's estimate and all relevant and reliable
data and information, and shall make the determination following any appropriate investigations,
including requests for additional information and analyses from the applicant.
(d) In order to preserve the value of the water certificates issued by the City or WSR credits in
the City's records issued before January 1, 2022, the WSR for nonresidential service calculated
pursuant to this section shall be multiplied by 1.92 to the extent the WSR is met pursuant to §26-
150(a)(1) with water certificates issued by the City or WSR credits in the City's records issued
before January 1,2022,provided that such multiplication shall not be considered in the assignment
of the annual allotment pursuant to Subsection(e).
(e) 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 for each tap that is equal to the
greater of. the WSR as determined pursuant to this Section; any WSR that was satisfied at the time
of application for nonresidential water service; any increased annual allotment pursuant to
Subsection (i) below; and the volume of the water furnishing requirement of the City under an
earlier water supply furnishing or development program, as determined by the City.
(f) When a user uses more water than the annual allotment, as determined by monthly billing
records in a given calendar year, an excess water use surcharge in the amount prescribed in § 26-
129 will be assessed on the volume of water used in excess of the annual allotment, provided that
no excess water use surcharge shall be charged to nonresidential services used exclusively for
irrigation purposes during the first three (3) calendar years following the initial installation of the
irrigation system, provided that for the purposes of this provision, the first calendar year shall be
from the date of installation through December 31.
(g) In the case of a change in use of the existing water service to a property or a new water
service permit on the property being issued, the utility shall assign an annual allotment and credit
the nonresidential user towards the water seiv'ce permit as follows. If an annual allotment has been
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assigned, the credit towards the water service shall be for the amount of the annual allotment for
the property. If the credit towards the water service is greater than the annual allotment that would
otherwise be assigned for the new water service permit, the credit for the water service shall
establish the allotment and no cash refund or water certificates issued by the City shall be provided
to the applicant. If no annual allotment has been assigned, the credit towards the water service
shall be the amount set forth below for the existing meters serving the property. The credit
authorized under this subsection is not transferrable to other properties.
If no annual allotment has been assigned, the credit towards the water service
shall be as follows:
Meter Size (inches) Annual
Allotment
(gallons.
year)
3/4 152,745
1 509,141
1'/2 1,018,286
2 1,629,255
3 2,443,880
Above 3 169,714
gallons per
acre foot
of WSR
met for the
permit
(h) 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 supply furnishing or development program, then the minimum WSR for that
property shall be considered satisfied under this Section. However, such nonresidential user shall
be subject to the Excess Water Use Surcharge when the annual allotment is exceeded.
(i) A nonresidential user may increase the annual allotment for a property by satisfying
additional WSR pursuant to §26-150. Such submission shall raise the user's annual allotment by
the amount of equivalent water rights submitted in gallons provided that, in order to preserve the
value of the water certificates issued by the City or WSR credits in the City's records issued before
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January 1, 2022, the value of water certificates issued by the City or WSR credits in the City's
records issued before January 1, 2022, shall be divided by one and ninety-two one-hundredths
(1.92). Any increase of a user's annual allotment will be applied to subsequent billing and other
matters and shall not be applied retroactively
0) Notwithstanding any other provisions of this Division,water certificates issued by the City
under the Agreement, dated May 10, 1971, between the City and the Josh Ames Ditch Company,
shall be subject to the following:
(1) If such certificates are used to meet the WSR upon the annexation of land into the
City,each certificate shall be accepted by the City as fulfilling the WSR in the ratio of one
certificate for each one-eighth (1/8) acre of land annexed, and if nonresidential service to
the annexed land is requested, an annual allotment shall be imposed that is equal to the
applicant's estimate of peak annual use on the annexed land, provided that such estimate
does not exceed the amount of water, as determined by the Utilities Executive Director,
that can reasonably be delivered through the number and size of taps in the water service
permit issued for the annexed land, that such estimate is based on the applicant's
documented intended use(s) of the annexed land, and that such estimate is first approved
and accepted by the Utilities Executive Director. For the purposes of this subsection, "upon
the annexation of land into the City" refers to the one hundred (100) day period beginning
on the day the ordinance of annexation is approved by Council on second reading.
(2) If such certificates are used for purposes related to water service from Utilities
under this Section 26 at any time other than upon the annexation of land into the City
pursuant to the foregoing subsection, each certificate shall be accepted by the City and
calculated as equaling 183,291 gallons of water, and an annual allotment shall be imposed
pursuant to this Section.
(k) Applicants seeking a temporary water connection under § 26-120(e)(1) or a connection
under § 26-120(e)(2)shall not be required to meet a WSR. The annual allotment shall be zero (0).
Fees and charges shall include those in § 26-129(c)(2) for the amount of water delivered.
(1) Notwithstanding the provisions of this Section, the Utilities Executive Director may
impose a reduced WSR for a particular nonresidential service pursuant to this subsection.
(1) Applicants seeking such a reduced WSR shall complete and file with the Utilities
Executive Director an application accompanied by any required filing fee as determined
by the Utilities Executive Director. The Utilities Executive Director shall prepare a form
of such application identifying for the applicant all of the necessary information for the
Utilities Executive Director to evaluate the request, which shall include, at minimum, an
analysis of the estimated use of water under the subject nonresidential service.
(2) The Utilities Executive Director may, following any appropriate investigations
including requests for additional information from the applicant, impose a reduced WSR if
the Utilities Executive Director finds that the following conditions are met:
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a. A reduced WSR for the subject nonresidential service is appropriate based
on all known facts.
b. The reduced WSR for the subject nonresidential service is at least 20%
less than the WSR that would otherwise be imposed by this Section.
C. The reduced WSR for the subject nonresidential service will not adversely
affect the water utility.
(3) If the request is granted, the reduced WSR for the subject nonresidential water
service shall be set forth in the permit. If the request is denied, the Utilities Executive
Director shall notify the applicant in writing of the denial and state the reasons therefor.
(m) Notwithstanding the provisions of this Section, the Utilities Executive Director may
impose an increased WSR for a particular service pursuant to this subsection.
(1) If the Utilities Executive Director has reason to believe that the estimated use of
water under the subject nonresidential service will be at least 10% greater than the WSR
that would otherwise be imposed by this Section,then the Utilities Executive Director shall
inform the applicant in writing of the proposed increased WSR for the subject
nonresidential service and the bases therefor. The applicant shall thereafter have thirty(30)
days to respond.
(2) The Utilities Executive Director may, following any appropriate investigations
including requests for additional information from the applicant, impose an increased WSR
if the Utilities Executive Director finds that the following conditions are met:
a. An increased WSR for the subject nonresidential service is appropriate
based on all known facts.
b. The increased WSR for the subject nonresidential service is at least 10%
more than the WSR that would otherwise be imposed by this Section.
C. The increased WSR for the subject nonresidential service is required to
avoid adverse impacts to the water utility.
(3) The Utilities Executive Director shall notify the applicant in writing of the
decision and state the reasons therefor.
Section 10. That Section 26-150 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-150. -Water supply requirement(WSR); satisfaction.
(a) The WSR imposed pursuant to this Division may be satisfied by one (1) or more of the
following methods:
(1) Submittal of water certificates issued by the City or WSR credits in the City's
records. The value of such certificates and credits shall be the amount stated on the face of
the certificate or record of the credit, and pursuant to §26-1490), if and to the extent
applicable.
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(2) Payment of cash in the amount prescribed in § 26-129 for each 325,851 gallons of
WSR.
Section 11. That the changes to City Code set forth herein shall go into effect on
January 1, 2022.
Introduced, considered favorably on first reading, and ordered published this 21 st day of
September, A.D. 2021,and to be presented for final passage on the 5th d f October, A.D. 2021.
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Passed and adopted on final reading on this October, A. 2021.
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CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal cleric of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,.i.n_said-county_and-stato;.thtit_the...n.c�Iicc or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in(lie newspaper proper and not in a supplement thereof,that the publication of said
notice was contained in the issues of said newspaper dated on
09/26/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the First publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Cleric
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
26th of September 2021.
f
Notary Public
Notary Expires
=otaryPubkc
Legal No.0004925687
Ad#:0004925687 Affidavit Prepared
P O: Suoday,September 26,20 3:35 am
This is not an invoice
#of Affidavits 1
PRIA7tON 4F GRANT FUNDS TSO
.APPLY.'TOWARDTHE PURCHASE.OF
AN ELECTRIC STREE`KSWEEPER
ANDCHARGINGSTATION c
ORDINANCE NO 117,2421 "
OF THE.COUNCIL'OF THE CFTY OF
"FORT'`COLLINS'MA.KINGSUPPLE-;
MENTAL APPROPRIATIONS FOR -r'
THE DEBT SERVICE PAYMENT FOR
THEw'NORTHERN:COLORADO.DRUG-
TASKTORCE FACILITY
ORDINANCE NO 118 2021 >'
OPTHE COUNCIL OF'THE CITY OF
FORT COLLI NS
MAKING SUPPLEMENTAL APPRO-
PRIAT:IONS APPROPRIATING
PRIOR YEAR,RESERVES;AND AU-.'
THORIZING.TRANSFERS.:OF APPRO-
PRIATIONS FOR THE S[P.HON'OVER-
PASS PROJECT AND:RELATEDART
IN PUBLIC PLACES
ORDINANCE NO.119,2021
OF THE COUNCIL OF THE CITY OF
,�FSDRTSCO.LLlNS
AMENDING CHAPTER 26OF THE, '4
CODE:OF THE'CITY OF,'FORT
COLLIN&<
TO MAKE VARIOUS CHANGES TO
THE REQUIREMENTSAND
FEES FOR WATER,SERVICE
ORDINANCE NO.120 2021'``
OF THE COUNCIL;OF THE.617Y..OF.
FORTCOLLINS
:'MAKING VARIOUS AMEOMENTSj'
TO THE CITY OF FORT'COLLINS
LAND USF,=DE,.R£GARDING,LAND-
SCAPE=WATER:USE
The following ordinances will be pre-<<,,
sented'for:,final:passage on,TuesdaY,Oc-..
tober 19,'2021
NOTICE ES HEREBY GIVEN that.the ORDINANCE 1\16-122;2021
Fort Collins City Count[l,on Tuesday, Op THE COUNCIL;OF THE CITY OF.
Septerhber.21,2021,passed and adopted... FDRT'COLLlNS
tWfollowing ordinances"on first pESIGNATING,CERTAIN ACTIVITIES
reading, Thesa.ordinances will be pre AS MATTERS OF,STATE.INTEREST .
'seated for final passage on Tuesday Oc AND,IlNPOS1NG'A MORATORIUM ON
tober 5,2021 - THE CONDUCT"OF SUCH'ACTIVITIES
ORDINANCE NO 113;2021 'UNTIL'CITYCOUNCIL,MAKE5''A F1-
OF-THE:GOUNCILOF-.THE CITY OF. NAL DETERMINATION REGARDING
FORT COLLINS, - THE ADOPTION.OF GUIDELINES
MAKING.SUPPLEMENTAL APPRO FOR TliE ADMINISTRATIQN OF
PRIATIONS IN: SUCH ACTIVITIES
AND AUTHORIZING TRANSFERS OF ORDINANCE N I O 2421
APPROPRIATIONS FROM.VARIOUS COUNCIL OF THE;CITY.OF
APPROPRIATIONS
FORT;:COLLINS
APPROPRIATING PRIOR`,YEAR RE-
ORDINANCE NO 714 2021 .SERVES TO
SUPPORT COMPLETION OF. HE 7041
OF THE COUNCIL OF THE CITY OF REGULATIONS PROJECT
FORT COLLINS:
APPROPRIATING PRIOR YEAR RE The full text of fihese ordinances can be
"'VARIOUS`CITY'FUNDS''-SERVES IN #ound at[http.Ilfov comll?ubiknatices ORDINANCE;NO.115,:2021 970 221ds515.
OF THE'COU_NC[L OF THE CITY OF 0004925687
FORTrCOLLINS Colorpdaan '
APPROPRIATING PRIOR YEAR RE 5ept 25,2021
SERVES AND MAKING:SUPPLElAEN
TAL APPROPRIATIONS;IN THE:.
NATURAL AREAS FUND'FOR BO.6
CAT RIDGE'NATURAL'AREA DUMP
CLEAN-UP'NO�1 INCLUO W.IN,T--H£
2021 ADDPTEOCITY BUDGET '
ORDINANCE NO 116 2621
OF THE COUNCIL OF THE CETY.'OF
FORT COLLINS
MAKING A;SUPP[EMENTAL APPRO-
Account#: FTC-003160
FORT-COLLINS
OInvoice Text
r-,- -
A NOTICE IS HEREBY GIVEN that the Fort Collins City Court,
STATE- OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1, being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins, in said county and state;that the notice or advertisement,ofwheh the annexed is a trite
copy,has been published in said daily newspaper and that the notice was published In the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice.and in the newspaper proper and not in a supplement thereof; that the pUbhcatlon of said
notice was contained in the issues of said newspaper dated on
10/10/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning orthe laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State ofWisconsin this
1 Oth of October 2021.
Notary Public
NnrarY rxpires
VICKY FELTY
Notary public Legal No.0004946287
State of Wisconsin
Ad#:0004946287 'krn lavii Preparm
P O: 10/5 SR Sanday.October 10.2021 3:';am
This is not an invoice
#of Affidavits 1
NOTICE''IS HEREBY GIVEN fiat;the
ForVCollins"City'Counnl, 'nn:.,Tuesday,.=
October-'5 2021,.passed ond'adopted the
following ordindnces on'se"cond mdding:
O[2DlNANGE NO "113,2021 '
OF THE"!COUNCIL OF THE CITY:OF
FORT COLLINS
MAKING::SUPPLEMENTAL APP.RO-
PRIATIONS IN
AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS ;F."ROM VARIOUS
CITY FUNDS
ORDINANCE NO 114,2021
OF,TH1 s.'CoUNCIL OP.THE CITY OF,
FORTCOLLINS
APPROPRIATING PRIOR-YEAR. RE-'°
SERVES,[N
VARIOUS CITY FUNDS
ORDINANCE NO"115 2021
'OF THE';:COUNCIL OF'THE CITY'OF.
FORT COLLINS.::
APPROPRIATING, PRIOR YEAR RE-'
SE32�YES4>AN D'MAKING"'SU PPLEMEW
TAL' ;`APPROPRIATIONS IN -THE
NATURAL AREAS FUND.'FOR.'.BOB-
CAT'.RIDGE '.NATURAL"AREA:DUMP
CLEAN-UP' NOT :INCLUDED IN THE
2021 ADOPTED CITY BUDGET
ORDINANCE NO.116 2021
OF THE COUNCIL OF THE CITY OF•
,FOR.T.NG..COLLINS
=:MAKI A`""SUPPLEMENTAL AP
,PRIATION"OF<GRANT FUNDS TO
APPLY,:7OWARD.THE PURCHASE OF
AN "ELECTRIC STREET: `SWEEPER<
'AND CHARGING STATION
ORDINANCE N6:117,2021
OF:THE:COUNCIL OF THE CITY.OF .
FORT COLLINS. - ..
MAKING :SUPPLEMENTAL :APPRO-..
PRIATIONS'FOR'
THE;;E)EBT SERVICE PAYMENT. FOR
THE
NORTHERN COL:ORADO DRUG"TASK
FORCE,FACILITY 1I
ORDENANCE No.118,2021
OF".THE, COUNCIL OF THE.CITY OF
FORT;cOLLINS;._
MAKING SUPPLEMENTAL:AP.PRO
PR[ATIONS APPROPRIATING
PRIOR;`;YEAR' RESERVES, AND AU-
THORIZING.>TRANSFERS"OPAPPRO-
PRIATIONS>FOR.,THE',SIPHON OVER-
PASS PROJECT AND RELATED ART
EN PUBLIC PLACERS
ORDINANCE N4 119,o,201
OF THE COUNCIL QF THE CITY OF t
FORT COL
AMENDING CHAPTER €26 OF. THE,_
CODE. OF... THE ; CITY OF `FORT":::
COLLINS
TO MAKE VARIOUS -CHANGES.TO
THE-REQUIREMENTS"AND $
FEES.FOR'WATER.SERVICE
}�"ORDINANCE NO;120 2021
OF TE-1E COUNCIL OF THE CITY OF
FORT,COLDA , SQ, ENDMENTS
MAKING R
TO THE C1.TY OF FORT COLLINS
LAND USE CODE REGARDING LAND-
SCAPE WATER USE
The fulE text of'these olclinonca�s tan be:
found 'at htt ':/lfcgav coanfpublic(sblices;
or by"'eaEEin9 thie CifY ClerK s�Qf€iceot
970.22156515
000494b287
Colora8oan
Oct 10`2021