HomeMy WebLinkAbout042 - 04/18/2017 - AMENDING CHAPTER 26 OF CITY CODE TO CLARIFY THE ACCEPTANCE OF WATER CERTIFICATES ISSUED PURSUANT TO (2)ORDINANCE NO. 042, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF,THE CITY OF FORT COLLINS
TO CLARIFY THE ACCEPTANCE OF WATER CERTIFICATES ISSUED PURSUANT TO
AN AGREEMENT, DATED MAY 10, 1971, (COMMONLY KNOWN AS "JOSH AMES
CERTIFICATES") TO MEET RAW WATER REQUIREMENTS
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 entered into an Agreement with the Josh Ames Ditch Company,
dated May 10, 1971, pursuant to which certain water certificates (the "Josh Ames Certificates")
were created and pursuant to which the owners of such water certificates are entitled to use them,
upon the annexation of land into the City, to fulfill the City's water furnishing requirement for
one-eighth acre of land; and
WHEREAS, in Ordinance No. 123, 1983, and Ordinance No. 012, 1984, the City Code
was amended to base the requirements for furnishing raw water for City water service on factors
other than the acreage of the subject land; and
WHEREAS, there has since been a lack of clarity regarding how the Josh Ames
Certificates are to be used to meet City's raw water furnishing requirements under City Code;
and
WHEREAS, it is to the benefit of the City and to Utilities ratepayers to clarify City Code
regarding this matter in a manner consistent with the Agreement dated May 10, 1971; and
WHEREAS, the City Manager and City staff have recommended to the City Council that
the following changes be made.
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 26-149 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-149. Raw water requirement; nonresidential service.
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g) 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 RWR upon the annexation of land
into the City, each certificate shall be accepted by the City as fulfilling the RWR
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 nine-sixteenths (9/16) acre foot of
water, and an annual allotment shall be imposed pursuant to this Section.
h) Applicants seeking a temporary water connection under Subsection 26-120(e)(1)
shall meet the RWR and shall be assigned an annual allotment as set forth in this
Subsection. The RWR for such applicants shall be three times the maximum estimated
amount of water that would be applied to the subject native vegetation during one .
irrigation season, as.determined by the Utilities Executive Director. The annual allotment
shall for such applicants shall be the maximum estimated amount of water that would be
applied to the subject native vegetation during one irrigation season, as determined by the
Utilities Executive Director.
Section 3. That Section 26-150 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-150. Raw water requirements; satisfaction.
a) The RWR imposed pursuant to this Division may be satisfied by one (1) or more
of the`following methods:
1) Water rights acceptable to the City may be transferred to the City. The
Water Board determines which water rights are acceptable to the City and
determines the appropriate conversion factors to be used in determining the yield
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from each of the acceptable sources. The determinations of the board are final and
conclusive.
2) Water certificates issued by the City may be submitted in satisfaction of
the RWR. The value of each certificate shall be as stated on the face of the
certificate and pursuant to § 26-149(g), if and to the extent applicable.
Introduced, considered favorably on first reading, and ordered published this 21st
day of March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D.
2017.
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ATTEST: SEAM
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City Clerk
Passed and adopted on final reading on the 18th day of April, A.D. 2017.
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ATTEST:
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City Clerk
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