HomeMy WebLinkAbout116 - 11/01/2022 - AMENDING CITY CODE TO MAKE VARIOUS CHANGES TO THE WATER SUPPLY REQUIREMENT FOR NONRESIDENTIAL WATERORDINANCE NO. 116, 2022
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 WATER SUPPLY REQUIREMENT FOR
NONRESIDENTIAL 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 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, City staff has historically reviewed the WSR (and its predecessor water
supply furnishing or development 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 to ensure that they are administrable and fair for customers; and
WHEREAS, in the lead up to Ordinance No. 119, 2021, City staff completed a
comprehensive and thorough review of the WSR and determined that various changes thereto were
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 were 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, since Ordinance No. 119, 2021 went into effect on January 1, 2022, City staff
has concluded that certain changes to the WSR are necessary to efficiently administer the WSR
and for equity and fairness for customers; and
WHEREAS, the City Manager and City staff has recommended to the City Council that
the following changes be enacted.
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.
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Section 2. That Section 26-41 of the Code of the City of Fort Collins is hereby
amended by the deletion of the definition "Change in use":
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:
Section 3. 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 as a new water service replacing an
existing meter or service with a larger size, 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 4. That Section 26-149(g) 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.
(g) The utility shall assign an annual allotment in the application of the WSR pursuant to §26-
147. In the case of the replacement of an existing meter with a larger size or other change to an
existing water service, the utility will credit the nonresidential user towards the water service
permit as follows. If an annual allotment has been 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)
-2-
¾ 152,745
1 509,141
l½ 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 or,
if such
amount
cannot be
established,
the average
historical use
over a
representative
time period as
determined
by the
Utilities
Executive
Director
Introduced, considered favorably on first reading at an adjourned meeting, and ordered
published this 25th day of October, A.O. 2022, and to be presented for final passage on the 1st day
of November, A.O. 2022.
ATTEST:
Passed and adopted on final reading on this I st day o