HomeMy WebLinkAbout101 - 09/05/2000 - AMENDING CITY CODE CONCERNING ADDITIONAL PAYMENT OF WATER PLANT INVESTMENT FEES WHEN INITIAL PAYMENT ORDINANCE NO. 101, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-120 OF THE CODE OF THE CITY OF FORT COLLINS
CONCERNING ADDITIONAL PAYMENT OF WATER PLANT
INVESTMENT FEES WHEN INITIAL PAYMENT MISCALCULATED
WHEREAS, under Section 26-120 of the Code of the City of Fort Collins, any person
desiring to connect to the potable water system of the City's Water Utility must pay a water plant
investment fee ("WPIF"); and
WHEREAS, the amount of WPIF to be paid by any particular user is established pursuant
to Section 26-128 of the City Code; and
WHEREAS, for most users the amount of WPIF to be paid is relatively easy to calculate,
however for larger, non-residential users the calculation of the WPIF often depends upon an
engineering analysis submitted by the user that is then evaluated by the Water Utility; and
WHEREAS,in the vast majority of situations,this process is effective and results in a correct
determination of the WPIF; and
WHEREAS,occasionally the engineering information is in error and the amount of the WPIF
is miscalculated; and
WHEREAS,this error is usually made in good faith,but not discovered until sometime after
the user has paid the original amount calculated for the WPIF and has begun its operations; and
WHEREAS,once this error is discovered,the situation sometimes exists where the user may
owe an additional amount for its WPIF but may need some flexibility to structure a payoff of this
unanticipated expense; and
WHEREAS, this Ordinance authorizes the General Manager of the Utility Services, at his
or her option, to allow the user to pay any additional amount owed for the WPIF over time under
such reasonable terms and conditions as are approved by the General Manager; and
WHEREAS,this Ordinance also makes it a misdemeanor violation under the City Code for
any person to knowingly provide the Water Utility with any false, inaccurate or fraudulent
information to be relied upon by the Water Utility in calculating a user's WPIF.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That paragraph (a)of Section 26-120 of the Code of the City of Fort Collins
is hereby amended to read as follows:
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Sec. 26-120. Water plant investment fees.
(a) Any applicant desiring to connect to the water utility shall pay the utility a
water plant investment fee (WPIF) pursuant to the schedule of fees prescribed by
§26-128 in addition to any other connection fees prescribed herein. Except when
arrangements for time payment are made pursuant to policy established by the City
Council or except as provided in paragraph (f) of this Section, this fee shall be paid
in full at the time the water service connection permit is issued. If there is an
increase in plant investment fee rates between the time of application for a water
service permit and the actual payment of fees, the fee rates in effect at the time of
payment shall apply.
Section 2. That a new paragraph (f)be added to Section 26-120 of the Code of the City
of Fort Collins to read as follows:
(f) In circumstances where a user has underpaid a WPIF as a result of a
miscalculation of the user's WPIF, and the utility requires the user to pay the utility
all or any portion of the difference between the corrected and miscalculated amounts
of the WPIF, the Director may allow the user to pay such amount over time under
such reasonable terms and conditions as are approved by the Director.
Section 3. That a new paragraph (g)be added to Section 26-120 of the Code of the City
of Fort Collins to read as follows:
(g) No person shall knowingly provide the water utility with false, inaccurate or
fraudulent information to be relied upon by the utility in calculating a user's WPIF.
Introduced and considered favorably on first reading and ordered published this 15th day of
August, A.D. 2000, and to be presented for final passage on the 5th da f September, A.D. 2000.
OV
Mayor
ATTEST:
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City Clerk
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Passed and adopted on final reading this 5th day of September, A. 2000.
elMayo- r
ATTEST:
City Clerk
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