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HomeMy WebLinkAbout134 - 11/15/2005 - AMENDING CHAPTER 26 OF THE CITY CODE TO REVISE SEWER PLANT INVESTMENT FEES ORDINANCE NO. 134, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE SEWER PLANT INVESTMENT FEES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, 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 of the wastewater utility, as set forth therein; and WHEREAS,Section 26-283 ofthe City Code provides that sewer plant investment fees shall be approved by City Council and reviewed annually for adjustment; and WHEREAS,the City Council adopted Ordinance No. 134, 1998 on August 18, 1998,which revised plant investment fees payable by wastewater users both inside and outside of the City; and WHEREAS, improvements have been made to the City's wastewater system resulting in additional equity that existing customers have established in the water capital facilities; and WHEREAS, the City's capital improvement program contemplates significant additional improvements to the wastewater system which will result in additional equity that existing customers have established in the such facilities; and WHEREAS,the City Council has determined that it is appropriate for new development to contribute its proportionate share of providing capital improvements; and WHEREAS, staff recommends that existing sewer plant investment fees be adjusted based on the current replacement cost of existing capital facilities together with the new facilities that will be needed to serve new development; and WHEREAS,as recommended the sewer plant investment fees will increase up to 174%;and WHEREAS, in light of the magnitude of these increases, City Council desires to buffer the impacts of the fee increases by phasing them in over a three-year period beginning in 2006; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise sewer plant investment fees, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-283(b) 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. (b) The SPIF shall be based on and used for growth related capital expansion costs of wastewater collection,transmission and treatment facilities. The fee shall vary with the number of dwelling units for residential users and the size of the water meter for nonresidential users. The parameters and rates shall be reviewed by the City Manager annually and fees shall be presented to the City Council for approval no less frequently than biennially. Section 2. That Section 26-284 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-284. Sewer plant investment fees and surcharges established. (a) The schedule of sewer plant investment fees,subject to the exceptions and additional requirements provided in this Section, is as follows: Category SPIF A $1,626. B and C $1,207 for each dwelling unit or mobile home space Category Water meter size (inches) Fee D, E, F 3/4 $ 3,627. 1 $ 9,347. 1'h $17,660. 2 $28,633. 3 $59,850. 4 and above Calculated on an individual basis based on peak wastewater flow (determined in the manner set forth hereinafter) but not less than the charge for a three (3) inch meter G Same as equivalent category, plus any special sanitation district fees. H Determined pursuant to paragraph(d) of this Section. (b) Industrial and intermediate nonresidential users in categories E,F,G, and H which are subject to a monthly surcharge as set forth in § 26-281 of this Article shall also be subject to a plant investment fee surcharge for any average concentrations of BOD and/or TSS in their discharged wastewater which exceed those average concentrations set forth in § 26-282(b) under Category E-34. (c) Various surcharge categories based on customary commercial and industrial activities and the average concentration of BOD and TSS found in wastewater from each such category are established in § 26-282 of this Article. Unless the user's wastewater is sampled and tested by a qualified laboratory in accordance with the techniques prescribed in 40 CFR Part 136 as amended, calculation of the user's plant investment fee shall be based on the average concentration values established for the applicable surcharge category. If sufficient information is submitted by the user to support a change from the average concentration values established for the applicable surcharge category, the General Manager shall thereupon effect such change. (d) The amount of the plant investment fee and surcharge for each nonresidential surcharged user, users in category H and any user that is expected to generate greater than its proportionate share of peak day flow at the treatment plant for the applicable category (including both contributed wastewater volume and volume related to infiltration and inflow),shall be calculated utilizing the following formula: SPIF= Flow x [Flow$+ (BOD x BOD$) +(TSS x TSS,)] Where: SPIF= Plant investment fee for category H users and users discharging wastewater with average concentrations of BOD and/or TSS which exceed those average concentrations which are set forth in § 26- 282(b) under Category E-34. Flow= The user's proportionate share of peak day flow at the treatment plant including both contributed wastewater volume and volume related to infiltration and inflow. Flow$ _ $3.54 per gallon (unit cost of facilities attributable to treating wastewater flow). BOD = Average BOD concentration for user category or measured BOD concentration for the user as determined in accordance with subparagraph (c) of this Section, but not less than 200 mg/l. BOD$_ $0.0063 per mg/1(unit cost of facilities attributable to treating BOD). TSS = Average TSS concentration for user category or measured TSS concentration for the user as determined in accordance with subparagraph (c) of this Section, but not less than 250 mg/l. TSS$_ $0.0057 per mg/l(unit cost of facilities attributable to treating TSS). (e) The plant investment fee and surcharge for users in categories D, E, F and G shall be the greater of that calculated utilizing the formula set forth in subparagraph(d)of this Section or the plant investment fee for the applicable water meter size set forth in subparagraph(a) of this Section. (f) For purposes of this § 26-284, proportionate share of peak day flow at the treatment plant for users in categories D, E and F shall be deemed to be: Water meter size Peak,Jlow (inches) (gallons per day) '/4 709 1 1,814 1%z 3,279 2 5,802 3 12,105 4 and above Calculated on an individual basis based on user's proportionate share of peak day flow at the treatment plant(including both contributed wastewater volume and volume related to infiltration and inflow) but not less than the peak day flow for a three (3) inch meter Section 3. That the amendments to Chapter 26 of the City Code contained herein shall go into effect on January 1, 2006. ..___... ................._ Introduced and considered favorably on first reading and ordered published this 2nd day of November, A.D. 2005, and to be presented for final passage on he 15th day of November, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of November, A.D. 2005. May r ATTEST: City Clerk