HomeMy WebLinkAbout102 - 09/05/2000 - AMENDING CITY CODE CONCERNING ADDITIONAL PAYMENT OF SEWER PLANT INVESTMENT FEES WHEN INITIAL PAYMENT ORDINANCE NO. 102, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-283 OF THE CODE OF THE CITY OF FORT COLLINS
CONCERNING ADDITIONAL PAYMENT OF SEWER PLANT
INVESTMENT FEES WHEN INITIAL PAYMENT MISCALCULATED
WHEREAS, under Section 26-283 of the Code of the City of Fort Collins, any person
desiring to connect to the wastewater system of the City's Wastewater Utility must pay a sewer plant
investment fee ("SPIF"); and
WHEREAS,the amount of the SPIF to be paid by any particular user is established pursuant
to Section 26-284 of the City Code; and
WHEREAS, for most users the amount of SPIF to be paid is relatively easy to calculate;
however for larger, non-residential users the calculation of the SPIF often depends upon an
engineering analysis submitted by the user that is then evaluated by the Wastewater Utility; and
WHEREAS,in the vast majority of situations,this process is effective and results in a correct
determination of the SPIF; and
WHEREAS,occasionally the engineering information is in error and the amount of the SPIF
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 SPIF 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 SPIF 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 SPIF 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 Wastewater Utility with any false, inaccurate or fraudulent
information to be relied upon by the Wastewater Utility in calculating a user's SPIF.
1
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That paragraph (a)of Section 26-283 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 26-283. Sewer plant investment fees (SPIF); basis.
(a) An applicant desiring to connect to the wastewater utility shall pay the utility
a sewer plant investment fee (SPIF) as prescribed in §26-284 of this Article in
addition to any other connection fee or charge imposed by this Article. Except where
arrangements for time payment are made pursuant to policy established by the City
Council or except as provided in paragraph (e)of this Section, this fee shall be paid
in full at the time the sewer connection permit is issued. In the case of an increase
in SPIF rates between the time of application for the permit and the applicant's actual
payment of sewer connection charges,the rates in effect on the date of payment shall
apply.
Section 2. That a new paragraph (e)be added to Section 26-283 of the Code of the City
of Fort Collins to read as follows:
(e) In those circumstances where a user has underpaid a SPIF as a result of a
miscalculation of the user's SPIF, and the utility requires the user to pay the utility
all of any portion of the difference between the corrected and miscalculated amounts
of the SPIF,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 (f)be added to Section 26-283 of the Code of the City
of Fort Collins to read as follows:
(f) No person shall knowingly provide the wastewater utility with false,
inaccurate or fraudulent information to be relied upon by the utility in calculating a
user's SPIF.
2
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 day oof September, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of September, A 2000.
Mayor
ATTEST:
City Clerk
3