HomeMy WebLinkAbout119 - 11/20/2007 - AMENDING CHAPTER 26 OF THE CITY CODE TO REVISE WATER PLANT INVESTMENT FEES AND RAW WATER REQUIREMENT ORDINANCE NO. 119, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO REVISE WATER PLANT INVESTMENT FEES
AND RAW WATER REQUIREMENTS
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 water utility, as set forth therein; and
WHEREAS, Section 26-120 of the City Code provides that the rates and parameters of
the Water Plant Investment Fees be reviewed annually by the City Manager and shall be
presented to City Council for approval no less frequently than biennially; and
WHEREAS, the City Council adopted Ordinance No. 133, 2005 on November 15, 2005,
which revised plant investment fees payable by water users both inside and outside of the City;
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 water plant investment fees be adjusted
based on the current replacement cost of the capital facilities that will be needed to serve new
development and by existing system capacity; and
WHEREAS, staff recommends certain clarifications be made related to raw water
requirements for nonresidential service; and
WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter
26 of the City Code to revise water plant investment fees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 26-128 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-128. Schedule C,water plant investment fees.
The water plant investment fee prescribed in § 26-120 shall be payable by users both inside and
outside of the city, as follows:
(1) Single-family residential buildings: For the first three-fourths (1/4) inch water tap or
meter, a fee of seven hundred thirty dollars ($730.) for a single-family residence, plus
thirty-six cents ($ 0.36) for each square foot of lot area. For lots greater than one-half
acre, the lot size shall be deemed to be one-half acre for the purpose of this calculation.
For each additional tap or meters larger than three-fourths (3/) inch, the nonresidential
rate shall apply.
(2) Residential buildings of two (2) or more dwelling units: For each residential building
unit a fee of four hundred ninety dollars ($490.), plus twenty-seven cents ($ 0.27) for
each square foot of lot area. The fee will provide for one (1) tap per residential building
and an adequate number of additional taps to serve common irrigable areas, if any. The
number and size of taps shall be determined by the General Manager based upon the
criteria established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of
the Code.
(3)Mobile home parks: For each mobile home park, a fee of four hundred ninety dollars
($490.) for each mobile home space in the park, plus twenty-seven cents ($ 0.27) for
each square foot of lot area. The fee will provide for one (1) tap per mobile home park.
The size of the tap shall be determined by the General Manager based upon the criteria
established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of the
Code.
(4) Hotels, roominghouses, sororities, fraternities and similar uses: The nonresidential
rate shall apply.
(5)Nonresidential service:
a. Service to all nonresidential taps, including but not limited to taps for commercial
and industrial service, shall be charged according to the size of the meter pursuant
to the following schedule:
Meter Size (inches) Nonresidential Plant Investment Fee
3/4 $ 6,970.
1 20,590.
1% 41,510.
2 65,330.
3 142,540.
b. The fee for all meters larger than three (3) inches shall be negotiated with the
General Manager and shall be based on estimated peak day demand but shall not
be less than the charge for a 3"meter.
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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.
(a) Nonresidential service shall apply to all services not included in the residential
category and shall include without limitation all commercial, industrial, public entity,
group housing, such as nursing homes, fraternities, hotels and motels, and mixed-use
customers.
(b) The minimum RWR for water meters up to three and zero tenths (3.0) inches in
diameter are as follows:
Meter Size (inches) R WR (acre-feet)
3/< .90
1.0 3.00
1.5 6.00
2.0 9.60
3.0 14.40
(c) The RWR for customers requiring a meter larger than three and zero tenths (3.0)
inches, and for customers requiring two (2) or more meters, shall be determined by
multiplying the applicant's estimate of peak annual use, or the total annual allotment for
the meter or meters, whichever is greater, by one and ninety-two one-hundredths (1.92),
provided that such estimate is first approved and accepted by the General Manager.
(d) Upon application for a water service permit after March 1, 1984, each applicant who
is a nonresidential user shall be assigned an annual allotment of water equal to the greater
of the RWR as determined pursuant to this Section and any RWR that was satisfied at the
time of application for nonresidential water service. Further, in the event that, pursuant
to subsection (f) of this Section 2, a nonresidential user submits more raw water than
required under the provisions of this subsection, then the annual allotment shall be
determined pursuant to said subsection (f). When a user uses more water than the annual
allotment, as determined by monthly billing records in a given calendar year, a raw water
surcharge in the amount prescribed in § 26-129 will be assessed on the volume of water
used in excess of the annual allotment.
(e) In the event an applicant applying for a nonresidential water service permit has, prior
to March 1, 1984, surrendered water rights or otherwise satisfied the requirements of the
City under an earlier water development program, then the minimum RWR for that
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property shall be considered satisfied under this Section. However, such nonresidential
user shall be subject to the raw water surcharge when the annual allotment is exceeded.
(f) A nonresidential user may increase said user's annual allotment by submitting water
rights, City certificates or cash in addition to the minimum required. Such submission, if
made on or before December 31, 2007, shall be deemed to raise the user's allotment by
an equivalent amount. Such submission, if made after December 31, 2007, shall raise the
user's annual allotment by the amount of equivalent water rights submitted in acre-feet
divided by 1.92.
Section 3. That paragraph (b) of Section 26-150 of the Code of the City of Fort
Collins is hereby amended to read as follows:
(b) The satisfaction of the minimum RWR shall be made no later than the time of
issuance of the water service permit. An owner of water rights or City certificates may
submit acceptable water rights and/or City certificates to the City, whether or not an
application for a water service permit is pending, and be credited accordingly for raw
water value. Such credit may then be used to satisfy, in whole or in part, assessed RWR
on subsequent application for a water service permit. Upon request, the City will convert
such credit into a City water certificate in any desired amount not to exceed the amount
of credit being carried by the City and issue such certificate to the owner. Once the
credits have been designated to a particular premises in satisfaction of the RWR for water
service, they shall not be transferred to another property.
Section 4. That the amendments to Chapter 26 of the City Code contained herein
shall go into effect on January 1, 2008.
Introduced and considered favorably on first reading, and ordered published this 16th day
of October, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D.
2007.
Mayor
ATTEST:
)UL
City Clerk
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Passed and adopted on final reading on the 4Mayor
ovember, A.D. 2007.
ATTEST:
City Clerk
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