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HomeMy WebLinkAbout157 - 11/21/2017 - AMENDING CHAPTER 26 OF CITY CODE TO REVISE WASTEWATER RATES, FEES, AND CHARGES (2)ORDINANCE NO. 157, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WASTEWATER RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the Charter of the City of Fort Collins, 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, Article IV, Chapter 26 of the City Code establishes the wastewater utility as a utility service furnished by and an enterprise of the City; and WHEREAS, City Code Sections 26-280 and 26-282 concern various wastewater-related rates, fees, and charges; and WHEREAS, City Code Section 26-277 requires that the City Manager analyze the operating and financial records of the utility during each calendar year and recommend to the City Council user rates or adjustments to be ineffect for the following year•, and WHEREAS, the City Manager and City staff have also recommended to the City Council adjustment of the wastewater-related rates, fees, and charges as set forth herein to be effective January 1, 2018; and WHEREAS, the rate increase for wastewater set forth herein is 3.0% with variations for individual customer rates classes; and WHEREAS, the Water Board considered the proposed wastewater-related rates, fees, and charges adjustments for 2018 at its meeting on August 17, 2017, and recommended approval of the proposed adjustments by a unanimous vote; and WHEREAS,based on the foregoing, City Council desires to amend Chapter 26 of the City Code to adjust the scope and rate of the water-related rates, fees, and charges as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: A- Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Section 26-280 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-280. Service charges established by category. The schedule of rates for each category described in § 26-279 shall be as follows: Class of Category Rate Customer Single-family residential user Per month 40.05 flat rate) 1. Per month 17.90 2. Plus,per 1,000 gallons per month 3.477 Note: A Single-family residential user 1. For single family customers who have not yet established a winter metered water use) quarter water use at the service address,a system average of 4,000 gallons per month shall be billed. 2. After establishment of a winter quarter water use at the service address,the monthly amount billed shall be based on a minimum of 3,000 gallons per month. Duplex(two-family)residential Per month 55.41 users(flat rate) Per month 20.52 Or,per 1,000 gallons per month, whichever is 3.081 greater,to be calculated on a monthly basis Note: B Duplex(two-family)residential 1. For duplex customers who have not yet established a winter users(metered water use) quarter water use at the service address,a system average 6,200 gallons shall be billed. 2. After establishment of a winter quarter use at the service address, the monthly amount billed shall be based on a minimum of 4,000 gallons per month. Multi-family residential user 1. Base charge per month per dwelling unit C (more than two dwelling units served 2.75 including mobile home parks) 2. Plus,per 1,000 gallons per month 3.498 2- and winter quarter based Note: nonresidential user 1. For multi-family customers who have not yet established aminter quarter water use at the service address,a system average of 3,260 gallons per living unit shall be billed. However,Category D rates will apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued. 2. After establishment of a water quarter use at the service address, the monthly amount billed shall be per 1,000 gallons of winter quarter water use,calculated on a monthly basis. 1. Per 1,000 gallons of water use,measured sewage flow or winter quarter water use, whichever is applicable,to be calculated on a 3.293 monthly basis,plus the following applicable base charge: 2. Size of water meter(inches) Base charge 4 or smaller 9.50 D Minor nonresidential user 1 21.93 1%2 44.14 2 75.53 3 120.69 4 190.60 6 835.55 8 964.76 User shall pay an amount calculated to include: 1. Rate per 1,000 gallons of water use, measured wastewater flow or winter quarter 3.293 water use per month,whichever is applicable; 2. PLUS a surcharge per million gallons for each milligram per liter of suspended solids in 3.830 Intermediate nonresidential user excess of 235 milligrams per liter; E and F and Significant industrial user 3. PLUS a surcharge for the following: a. per million gallons for each milligram per liter of BOD in excess of 265 milligrams per 3.191 liter;or b. per million gallons for each milligram per liter of COD in excess of 400 milligrams per 2.014 liter;or 3- c. per million gallons for each milligram per liter of TOC in excess of 130 milligrams per 5.963 liter, whichever is applicable. The user shall pay the calculated amount based on 1,2 and 3 above,plus the applicable base charge set forth below: Size of water meter Base charge inches) 1/ n or smaller 9.50 1 21.93 1% 44.14 2 75.53 3 120.69 4 190.60 6 835.55 8 964.76 The rate for users outside the City limits shall be the same as for like G User outside City limits service inside the City limits as is specified in Categories A—F and H in this Section. The rate pursuant to a special wastewater services agreement H Special with agreement approved by the City Council pursuant to § 26-290 shall be set forth in said agreement. Section 3. That Section 26-282(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-282. - Wastewater strength or industrial surcharges and categories established. a) A monthly wastewater strength surcharge shall be paid by customers located either inside or outside the City limits in accordance with the following schedule: Parameter Excess over(mg/1) Rate per thousand gallons BOD 355 0.003452 COD 540 0.002269 TOC 170 0.007208 TSS 365 0.003474 4- Section 4. That the modifications set forth above shall be effective for meter readings on or after January 1, 2018, and in the case of fees not based on meter readings, shall be effective for all fees paid on or after January 1, 2018. Introduced, considered favorably on first reading, and ordered published this 7th day of November, A.D. 2017, and to be presented for final passage on the 21st day of November, A.D. 2017. Mayor ATTEST: S L 1 City Cl k Passed and adopted on final reading on the 21 st day of November, A.D. 2017. aor ATTEST: OF PORT CO` SEAL : City Clak cOLOV60 5- Account #:FTC-003160 FORT•COLLINS STATE OF COLORADO COUNTY OF LARIMER ss:AFFIDAVIT OF PUBLICATION I,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,of which the annexed isa true copy,has been published in said daily newspaper for I Day; 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 first publication of said notice was contained in the issue of said newspaper on Sunday,November 12,2017 that the last publication thereof was contained in the issue of said newspaper on Sunday,November 12,2017 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 secondclass matter under the provisions of the Act of March 3,1879,or any amendments thereon 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. Monday,November 13,2017 My Commission expires September 3,2019 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS,CO 80521 Affidavit Prepared Monday,November 13,2017 Invoice Text NOTICE IS HEREBY GIVEN that the Fort Collins Ci~’Council,on’] Legalcierk —~ Subscribed and sworn to before me,within the County of Larimer,State of Colorado this LADONNA MARY LAMAR NOTARY PUBLIC -STATE OF COLORADO My ldeniUcation #20154035099 Expires Seplember 3,2019 Notary Public Legal No.0002529861 9:44 am APPROPRIATING THE FORT COLLINS SHARE OF THE 2018 FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENT FUNDS FOR THE NORTHERN COLORADO REGIONAL AIRPORT ORDINANCE NO 139,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIA. TION ORDINANCE FOR THE FORT COLLINS DOWNTOWN DEVELOP MENT AUTHORITY RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR 2018 AND FIXING THE MILL LEVY FOR THE DOWNTOWN DEVELOPMENT AU THORITY FOR FISCAL YEAR 2018 ORDINANCE NO 140,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE SERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE TRANSPORTATION CAPITAL EXPAN SION FEE FUND INTO THE CAPITAL PROJECT FUND FOR THE LEMAY AND VINE INTERSECTION PROJ ECT,AND TRANSFERRING APPRO PRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC pLACES’ PROGRAM ORDINANCE NO 141,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR HAIRY WILLOW HERB AFFECTED LANDS MANAGEMENT ORDINANCE NO 142,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS WAIVING CERTAIN FEES FOR HOUS ING CATALYST’S VILLAGE ON HORSETOOTH AFFORDABLE HOUS ING PROJECT AND APPROPRIATING PRIOR YEAR RESERVES IN VARI OUS CITY FUNDS TO PAY SPECI FlED FEES ORDINANCE NO 146,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE 2 OF THE LAND USE CODE TO ADD SECTION 219 TITLED REASONABLE ACCOM MODATION PROCESS ORDINANCE NO 148,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS PROVISIONS OF THE CODE OF THE CITY OF FORT COLLINS AND THE LAND USE CODE TO ALLOW FOR THE DISCRE TIONARY WAIVER OF CITY FEES ON ADDITIONAL AFFORDABLE HOUSING PROJECTS TO BE CON STRUCTED IN THE CITY ORDINANCE NO 149,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE FOX HILLS SECOND ANNEX’ ATION TO THE CITY OF FORT COLLINS,COLORADO ORDINANCE NO,150,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOS ES THE PROPERTY INCLUDED IN THE FOX HILLS SECOND ANNEXA TION TO THE CITY OF FORT COLLINS,COLORADO AND APPROV ING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBOR HOOD SIGN DISTRICT MAP ORDINANCE NO 151,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE 1-25 THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO ORDINANCE NO 152,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOS ES ‘THE PROPERTY INCLUDED IN THE 125 THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO AND APPROVING COR RESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP ORDINANCE NO 153,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY PROPERTY IN THE TRAIL HEAD SUBDIVISION IN EXCHANGE FOR A PARCEL OF LAND FROM TRAIL HEAD HOMES, LLC ORDINANCE NO 154,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIA TION ORDINANCE RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR 2018, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1,2010,AND ENDING DECEMBER 31, 2010,AND FIXING THE MILL LEVY FOR FISCAL YEAR 2018 ORDINANCE NO 155 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTI~IC ~D UPDATING RELATED PROVISIONS ORDINANCE NO 156,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AME?4D1NG CHAPTER 26 OF THE I CODE OF THE CITY OF FORTCOLLINSTOREVISEWATERRATES, FEES,AND CHARGES AND UPDAT ING RELATED PROVISIONS ORDINANCE NO 157,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WASTEWATER RATES,FEES.AND CHARGES The full text of these ordinances con be found at http flfcgav Com/publicnotiCet or by Calling the City Clerk’s OffIce at 970-221 6515 2529061Colorodoon November 12,2017 Account #:FTC-003160 COUNTY OF LARIMER AFFIDAVIT OF PUBLICATION I,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,of which the annexed is a true copy,has been published in said daily newspaper for IDay; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publicatioa of said notice,and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Sunday,November 26,2017 that the last publication thereof was contained in the issue of said newspaper on Sunday,November 26,2017 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. Monday,November 27,2017 My Commission expires September 3,2019 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAI’ORTE AVE FORT COLLINS,CO 80521 Affidavit Prepared Monday,November 27,2017 9:27 am FORT’COLLINS STATE OF COLORADO Invoice Text NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 9 Subscribed and sworn to before me,within the County of Larimer,State of Colorado this LAOONNA MARY LAMAR NOTARY PUBI.lC -STATIE OF COLORADO My ldrnilicatiofl 20154035099 pires September 3,2019 Notary Public Legal No.0002559372 NOTICE IS HEREBY GIVEN that the Fort CollIns City Council,on Tuesday, November 21,2017,passed and adapted the following ordinances on second reading. ORDINANCE NO 138,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2018 BUDGET AND APPROPRIATING THE FORT COLLINS SHARE OF THE 2018 FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENT FUNDS FOR THE NORTHERN COLORAOO REGIONAL AIRPORT ORDINANCE NO.139,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIA TION OROINANCE FOR THE FORT COLLINS DOWNTOWN DEVELOP MENT AUTHORITY RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR 2018 AND FIXING THE MILL LEVY FOR THE DOWNTOWN DEVELOPMENT AU THORITY ORDINANCE NO 140,2017 OF THE COUNCIL OF ‘THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE SERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND AUTHORIZING THE TRANSFER I OF APPROPRIATIONS FROM THE -Th TRANSPORTATION CAPITAL EXPAN SION FEE FUND INTO THE CAPITAL PROJECT FUND FOR THE LEMAY AND VINE INTERSECTION PROJ. ECT,AND TRANSFERRING APPRO PRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM ORDINANCE NO 141,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR HAIRY WILLOW HERB AFFECTED LANOS MANAGEMENT ORDINANCE NO 142,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS WAIVING CERTAIN FEES FOR HOUS ING CATALYST’S VILLAGE ON HORSETOOTH AFFORDABLE HOUS ING PROJECT ANDAPPROPRIATING PRIOR YEAR RESERVES IN VARI OUS CITY FUNDS TO PAY SPECI FIED FEES ORDINANCE NO 146,2017 OF THE COUNCIL OF THE CITY OF PORT COLLINS AMENDING ARTICLE 2 OF THE LAND USE CODE TO ADD SECTION 219 TITLED “REASONABLE ACCOM MO~A19ON PROCESS” “ORDINANCE NO 148,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS PROVISIONS OF THE CODE OF THE CITY OF FORT COLLINS AND THE LAND USE CODE TO ALLOW FOR THE DISCRE TIONARY WAIVER OF CITY FEES ON ADDITIONAL AFFORDABLE HOUSING PROJECTS TO BE CON STRUCTED IN THE CITY ORDINANCE NO 149,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE FOX HILLS SECOND ANNEX ATION TO THE CITY OF FORT COLLINS,COLORADO OROINANCE NO,150,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOS ES THE PROPERTY INCLUDED IN THE FOX HILLS SECOND ANNEXA TION TO THE CITY OF FORT COLLINS,COLORADO AND APPROV ING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBOR HOOD SIGN DISTRICT MAP ORDINANCE NO 151,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE 1-25 THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO ORDINANCE NO 152,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOS ES THE PROPERTY INCLUDEDJN THE 25 THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO AND APPROVING COR RESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP ORDINANCE NO 153,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY PROPERTY IN THE TRAIL HEAD SUBDIVISION IN EXCHANGE FOR A PARCEL OF LAND FROM TRAIL HEAD HOMES, LLC ORDINANCE NO 154,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIA TION ORDINANCE RELATING TO THE ANNUAL APPROPRIATIO~gS FOR THE FISCAL YEAR 2818, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1,2018,AND ENDING DECEMBER 31, 2018,AND FIXING THE MILL LEVY FOR PROPERTY TAXES PAYABLE IN 2010 ORDINANCE NO 155,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE1 CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC RATES,FEES,AND CHARGES,AND UPDATING RELATED PROVISIONS ORDINANCE NO 156,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WATER RATES, FEES,AND CHARGES AND UPDAT ING RELATED PROVISIONS ORDINANCE NO 157,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WASTEWATER RATES,FEES,AND CHARGES The full text at these ard,nonces con be found at http //fcgov comfpublicnotices or by Calling the City Clerk’s OffIce at 970-221-6515 2559372 Colarodoon November 26,2017