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HomeMy WebLinkAbout026 - 03/15/2005 - AMENDING CHAPTER 7.5 AND CHAPTER 26 OF THE CITY CODE TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR UT ORDINANCE NO. 026, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 7.5 AND CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR UTILITY SERVICE OUTSIDE THE FORT COLLINS GROWTH MANAGEMENT AREA WHEREAS, Article X of Chapter 26 of the City Code sets out conditions and procedures for the extension of City utility services to persons outside of the city limits of Fort Collins, which procedures generally include review by the Planning and Zoning Board and Water Board,and a final decision by the General Manager of Utilities; and WHEREAS, applicable City Plan policies discourage the extension of City utility services in a manner that may encourage sprawling development on the edges of the City's Growth Management Area("GMA"),except when special benefits will accrue to the City for providing such services; and WHEREAS,City staff and the Council have recently reviewed the issue of whether the City should choose to provide wastewater service to properties outside of the Fort Collins Growth Management Area ("GMA"), specifically in the unincorporated area of Larimer County generally referred to as "Laporte", together with the more general issue of how decisions regarding utility service outside of the GMA should be made; and WHEREAS, City staff presented background information and various alternatives related to these concerns to the City Council at its December 14, 2004, Study Session; and WHEREAS, based on that discussion, staff has prepared this Ordinance, which amends Chapter 26, Article X, regarding Utility Service Outside City Limits, so as to distinguish between such service within the City's GMA and without, and requiring Council approval for the extension of new utility service outside of the GMA,either individually or based upon a general service plan; and WHEREAS, City staff has further reviewed the existing out-of-city service requirements, and is suggesting certain revisions to update and clarify those requirements as they apply to both service within the GMA and outside of the GMA; and WHEREAS, City staff has evaluated the impacts upon the services provided by the City of development outside of the GMA, and has determined that those impacts can be reasonably predicted and estimated based upon data currently available; and WHEREAS, the City has determined that based upon such estimated impacts, a special service fee should be established and collected as a surcharge together with utilities-related fees and charges, at the time of permit issuance for out-of-GMA utility service; and WHEREAS,this Ordinance amends Chapter 7.5 to allow the City Manager to collect from new out-of-GMA utility customers a special service fee based upon said estimated demand on City services associated with the development to which utility service will be provided; and WHEREAS,in addition,staff also presented for Council consideration on February 15,2005, Resolution 2005-018, authorizing and directing staff to proceed with negotiations in an effort to facilitate the formation of a special district to provide wastewater collection and customer service, to which the City would agree to provide wastewater treatment services; and WHEREAS, Resolution 2005-018, further authorized the City Manager to negotiate and arrange for wastewater utility service in that portion of the Laporte area described and designated in that Resolution as the "Approved Service Area," to the extent formation of a special district for such service is not feasible and further provided that such arrangements accommodate the formation of a special district for service that would obtain its treatment services from the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-49 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 26-49. Service outside city limits. Persons outside the city limits may apply for connection to the water utility for use of surplus city water in accordance with the procedures and requirements in Article X of this Chapter and subject to the limitations set forth therein. Section 2. That Section 26-218 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 26-218. Service outside city limits. Persons outside the city limits may apply for connection to the wastewater utility for use of excess capacity of the treatment system in accordance with the procedures and requirements in Article X of this Chapter and subject to the limitations set forth therein. Section 3. That the title of Section 26-651,and Section 26-651(a)of the Code of the City of Fort Collins are hereby amended as follows: Sec. 26-651. Conditions for furnishing service within Growth Management Area. (a) Any person outside of the city limits and within the Growth Management Area desiring to make a connection to one (1) or both of the city's water and wastewater utilities shall apply to the city for permission, and shall submit in connection with any application such information as the General Manager may determine to be appropriate to allow him or her to review such application, and as necessary to plan and arrange for the requested service connection. A connection permit may be issued subject to compliance with § 26-253 after review and recommendation of the Planning and Zoning Board and the Water Board and the approval of the General Manager of Utility Services,based upon the considerations and requirements set forth in § 26-651(b). The General Manager may, in his or her discretion,elect to approve,without the review and recommendation of the Planning and Zoning Board and Water Board, the application of persons desiring to make a single connection to one(1)or both of the city's water and wastewater utilities. If the General Manager determines that the application should not be approved without the review and recommendation of the aforementioned boards, the General Manager shall forthwith seek such review and recommendation prior to making his or her decision.No grant of approval hereunder shall give rise to any vested right to utility service and said service shall be contingent upon the issuance of a permit hereunder prior to the expiration of any approval by the General Manager hereunder. Section 4. That Section 26-651(b) of the Code of the City of Fort Collins is hereby amended as follows: (b) New utility service may be furnished to property which is outside of the city limits and within the Growth Management Area if the General Manager determines that the provision of such service is consistent with the relevant utility master plan documents,and is in the best interests of the city,the city's utilities, and the relevant utility, and if the following conditions are met: (1) The utility concerned has surplus capacity over the immediate requirements for service within the city and the applicant has satisfied any raw water requirement assessed against property to be served with city water; (2) The property use to be served by the utility is a legal use under the applicable zoning and subdivision requirements, whether expressly permitted or a legal nonconforming use; and (3) The property use to be served is consistent with any intergovernmental agreement between the city and Larimer County regarding the regulation of land use and zoning in the Growth Management Area in effect at the time of approval of utility service. Section 5. That a new Section 26-652 is hereby added to the Code of the City of Fort Collins, as follows, and the existing Section 26-652 is hereby renumbered accordingly: Sec. 26-652. Conditions for furnishing service outside Growth Management Area. Any person outside of the Growth Management Area desiring to make a connection to one (1) or both of the city's water and wastewater utilities shall apply to the city for permission, and shall submit in connection with any application such information as the General Manager may determine to be appropriate to allow him or her to review such application or to advise the City Council in its review of such application, and as necessary to plan and arrange for the requested service connection. A connection permit may be issued subject to compliance with§26-253 and any other requirements imposed as a condition of approval for service hereunder, upon either: (1) review and approval by the City Council by resolution of an application for service; or (2) review and approval by the General Manager of an application for service of the type and in an area consistent with a service plan for the provision of particular utility services within a defined area that has been approved by the City Council by resolution. No grant of approval hereunder shall give rise to any vested right to utility service and said service shall be contingent upon the issuance of a permit hereunder prior to the expiration of any such approval. Section 6. That newly renumbered Section 26-653 (previously Section 26-652) is hereby amended to read as follows: Sec. 26-653. Permit is revocable; agreement of user. (a) So long as a property served is outside the city, any permit for utility services issued under this Article is revocable and the utility concerned will supply service only to the extent that it has surplus capacity over the requirements for service within the city and only so long as the permittee is in compliance with and abides by the conditions of the permit, including but not limited to all requirements of the Code applicable to utility services. The use of city water under this Article does not constitute a relinquishment of any water or water rights by the city.The city reserves and retains full dominion and control over its water and water rights and their use. Upon revocation of a water service permit for water use outside the city and the permanent disconnection of water service,the city shall remit such raw water as has been previously surrendered to the city by the outside-city user. (b) If a permit to connect to any of the city's utilities is approved under this Article, the applicant shall: (1) Provide a current title memorandum showing that title to the property is vested in the applicant's name at the time of issuance of a permit; (2) With respect to property that, at the time of issuance of a permit, is within the Growth Management Area and not eligible for annexation into the city, the owner of the property shall enter into a written agreement to be recorded and to constitute a covenant running with the land that the owner or any successors in interest will join in a petition for annexation to the city when requested by the city,will pay any filing fee related thereto, and will cooperate in related proceedings; (3) With respect to property that, at the time of application for utility service, is within the Growth Management Area and eligible for annexation into the city, the owner of the property shall execute a petition for annexation which does not contain a right of withdrawal, together with all related documents, and shall pay any filing fee related thereto; (4) Comply with all of the construction, installation and connection requirements prescribed by the applicable articles governing the utility to which connection is made the same as any inside-city applicant; (5) Bear the costs of construction,installation and connection of utility lines except for such oversizing participation or reimbursement as may be authorized in accordance with this Chapter; (6) Pay any surcharges upon such utility service imposed by the City Manager pursuant to his or her authority in § 7.5-3. (7) Comply with any and all of the requirements, limitations and prohibitions conditioning service, as prescribed by the applicable articles governing the utility to which connection is made the same as any inside-city user; (8) Use the utility service only for the qualifying use and make no extension, enlargement or alteration of the service or the use for which the connection was made without first obtaining the written permission of the General Manager; (9) Pay for any and all utility service in accordance with the rates applicable to said service as established by the City Council from time to time; (10) Execute and record in the real property records of Larimer County, in a form satisfactory to the General Manager,an instrument acknowledging and agreeing that the utility service provided to the served property is subject to the obligations set forth herein, and that said real property is subject to the applicable provisions of the permit and this Chapter; (11) Make no assignment of the utility service permit or agreement to any other property without first obtaining the written permission of the General Manager; (12) For any water service, file a petition to join the Northern Colorado Water Conservancy District,Municipal Subdistrict,if the property is not already included therein, and pay the required fees. (c) If a permittee under this Article does not connect to the permitted utility within six (6) months of issuance of the connection permits, the permit will expire. (d) The city may suspend utility service to the property served if the user fails to comply with any of the conditions of the utility service permit until the violation is rectified.Nothing in this Article shall be construed as waiving any other remedy available to the city pursuant to the Code or other law. Section 7. That a new Section 7.5-3 is hereby added to the Code of the City of Fort Collins to read as follows: Sec. 7.5-3. Establishment of special surcharges. The City Manager may,from time to time,establish an administrative surcharge to be imposed at the time of issuance of a connection permit for utility services from the city outside of the Growth Management Area pursuant to Article X of Chapter 26,to be determined based upon projected demand for city streets,community parks and libraries to result from the development that is to receive utility services,which surcharge may be adjusted to reflect benefits to accrue to the city as a result of said development. The City Manager shall include in his or her recommended budget an itemization of the fees currently being charged for such services and facilities, together with an estimate of the amount of annual revenue anticipated to be generated by such fees during the budget term. Section 8. Individual service connection permits for utility service that have been approved, whether individually or on a subdivision or project basis,by the General Manager as of the effective date of this Ordinance shall be deemed subject to Article X of Chapter 26 as it existed at the time of said approval by the General Manager. Introduced and considered favorably on first reading and ordered published in summary form this 1 st day of March, A.D. 2005, and to be presented for final passage on the 15th day of March, A.D. 2005. Mayoru A TEST: City Clerk Passed and adopted on final reading this 15th day of March, A.D. 2005. Mayor ATTEST: City Clerk