HomeMy WebLinkAbout168 - - AMENDING CHAPTER 26, ARTICLES VI AND VII OF CITY CODE TO CORRECT ERRORS IN HOW CERTAIN UTILITY FEESORDINANCE NO. 168, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26, ARTICLES VI AND VII OF THE CODE OF THE CITY OF
FORT COLLINS TO CORRECT ERRORS IN HOW CERTAIN UTILITY FEES FORMULAE
ARE EXPRESSED RELATED TO ELECTRIC UTILITY DEVELOPMENT FEES AND
SINGLE-FAMILY RESIDENTIAL STORMWATER UTILITY FEES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the
City Charter, 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 as set forth therein; and
WHEREAS, the rates, fees or charges for utility services set forth herein are necessary to .
produce sufficient revenues to provide the utility services described herein; and
WHEREAS, the revenue from the rates, fees or charges for utility services set forth herein
shall be used to defray the costs of providing such utility services as required by the Charter and
the City Code; and
WHEREAS, Articles VI and VII, Chapter 26 of the City Code, respectively, establish the'
electric utility and stormwater utility as utility services furnished by and enterprises of the City;
and
WHEREAS, on October 3, 2006, City Council adopted Ordinance No. 141, 2006, which
modified the stormwater utility fee charge for residential and non-residential lots, including the
formula for single-family residential lots larger than 12,000 square feet; and
WHEREAS, during codification of the updates in Ordinance No. 141, 2006, additional
characters were added to the formula at City Code Sec. 26-514 for single-family residential lots
larger than 12,000 square feet which did not appear in the ordinance as adopted; and
WHEREAS, pursuant to City Code Secs. 26-473 through 26-475, the City imposes
development fees for new or modified electric service connections, comprised of an Electric
Capacity Fee (ECF) and a Building Site Charge, designed to recover the cost of adding new
development to the electric system,and the actual time and materials costs associated with building
on site electric facilities at the specific development; and
WHEREAS, on June 6, 2017, City Council adopted Ordinance No. 068, 2017, which
modified the ECF charge for non-residential developments by updating formulae for calculating
the single-phase and three-phase service kilo-watt components of the ECF in City Code Sec. 26-
475; and
WHEREAS, Ordinance No. 068, 2017 omitted a portion of the single-phase and three-
phase service kilo-watt components of the ECF formulae, though the complete formulae were
described by staff when that Ordinance was adopted; and
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WHEREAS,the correct single-family residential stormwater utility fee and ECF have been
billed and collected since the adoption of the respective updates, despite the typographical errors
stated in the City Code for the two formulae; and
WHEREAS, Utilities staff recommends correcting the statements of the single-family
residential storm water utility fee and ECF in the City Code to conform to the intended fee
formulae adopted by City Council and as have been used to calculate billings since each fee was
adopted; and
WHEREAS, prior to adoption of Ordinance No. 068, 2017, staff provided mail and
published notice to customers of the proposed changes to the ECF charge, as required by C.R.S.
40-3.5-104; and
WHEREAS, pursuant to C.R.S. §40-3.5-104 (3), City Council finds the ECF formula
corrections described herein are clerical in nature, comport with the intent of Ordinance No. 068,
2017, and good cause exists for not providing renewed mail and published notice of the formula
corrections, which corrections shall go into effect and be published as described in Article II,
Section 7 of the City Charter; and
WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City
Code to adjust the formulae stated therein of the single-family residential stormwater utility fee on
lots larger than 12,000 square feet and the ECF charge for non-residential developments, as set
forth herein.
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 26-475(b)(1)of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-475. - Nonresidential electric development fees and charges.
b) The ECF shall be the total of the kVA service charge and systems modification charge, to be
determined as follows:
1) The kVA service charge shall be determined as follows.
a. For customer electric loads served by the utility, the kVA service charge shall
be calculated as follows:
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ECF shall be calculated as follows:
secondary metered services kW= 320.31 + 21 x ln(kW)
primary metered services kW= 212.78 + 7.89 x ln(kW),
Where In is the natural logarithm
kW is calculated as follows:
three phase services jkW= A x V x SQRT(3) x PF x 0.3 / 1000
single phase services jkW=A x V x PF x 0.3 / 1000
Where A is the requested amperage. V is requested line to line voltage. PF is the power factor,
which is assumed to be 0.9.
Section 3. That Section 26-514(a)(6) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-514. - Determination of stormwater utility fee.
a) The stormwater utility fee shall be determined as set forth in this Section, and shall be based
upon the area of each lot or parcel of land and the runoff coefficient of the lot or parcel. For the
purposes of this Section, the total lot or parcel area shall include both the actual square footage of
the lot or parcel and the square footage of open space and common areas allocated to such lot as
provided in Paragraph (4) of this Subsection. The stormwater utility fee shall recover the costs of
both operations and maintenance and a portion of capital improvements. The Utilities Executive
Director shall determine the rates that shall apply to each specific lot or parcel of land within the
guidelines herein set forth and shall establish the utility fee in accordance with the rate together
with the other factors set forth as follows:
6) Single-family residential lots or parcels larger than twelve thousand (12,000) square
feet, but not larger than one-half('/2) acre, shall be assessed on the basis of the first twelve
thousand (12,000) square feet in accordance with the formula described in (5) above, and
the remainder shall be assessed in accordance with the following formula:
Remainder of monthly fee = (remaining area) x (rate factor) x (base rate) x (0.25).
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Introduced, considered favorably on first reading, and ordered published this 5th day of
December, A.D. 2017, and to be presented for final passage on the 19th day of December, A.D.
2017.
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Passed and adopted on final reading on t th day of December, A.D. 2017.
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