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HomeMy WebLinkAbout012 - 02/07/1984 - AMENDING SECTION 112-66 OF THE CITY CODE RELATING TO WATER RIGHTS REQUIREMENTS ORDINANCE NO. 12 , 1984 OF THE COUNCIL OF THE C=OF FORT COLLINS AMENDING SECTION 112-66 OF THE CODE OF THE CITY WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the citizens of the City that Section 112-66 of the City Code, regarding the raw water requirements of the City Water Utility be amended, in the following particulars. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 112-66 of the Code of the City, effective on the 1st day of March, 1984, be repealed and reenacted as follows: Section 112-66. Grant of Water Rights Required. A. All owners of premises requesting original water service from the City of Fort Collins shall , before being granted such water service, satisfy the assessed raw water re- quirements (RWR) as determined below without cost to the City. The raw water requirements shall be as follows: (1) Residential Service. (a) Residential service shall include single- family, duplex, multi-family, and mobile home dwelling units. (b) RWR = 1 .6x( .18 x No. of Dwelling Units + 1.2 x Net Acres) where, RWR = Raw water requirement in acre feet Net Acres = Area of development in acres, excluding public street rights-of- way, City maintained tracts and rights-of-way, ditches, railways or other areas typically maintained by persons other than the owner of the premises or an agent of such owner. (c) In the event that the raw water require- ments for a residential property were satisfied prior to March 1, 1984, but application for a water service permit is made after said date , then the raw water requirement shall be considered satisfied. (2) 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 mimimum raw water requirements for water taps up to 3.0 inches in diameter are as follows: Tap Size RWR 3/4 in. .75 Ac-ft 1.0 in. 2.50 Ac-ft 1 .5 in. 5.00 Ac-ft 2.0 in. 8.00 Ac-ft 3.0 in. 12.00 Ac-ft (c) The raw water requirement for customers requiring a tap larger than 3 .0 inches shall be based on the customer' s estimate of actual use provided that such estimate is first approved and accepted by the Water Utilities General Manager. (d) Each nonresidential customer who applies for a water service permit after March 1 , 1984 , shall , upon application for such permit, be assigned an annual allotment equal to the greater of the raw water requirements as determined pursuant to this section or the raw water require- ments previously satisfied . When a customer uses more water (as determined by monthly billing records) in a given calendar year than such customer' s annual allotment, a raw water surcharge of sixty-four cents per 1000 gallons will be assessed on any amount of water used in excess of the annual allotment. (e) In the event that the raw water require- ments for a nonresidential property were satisfied prior to March 1 , 1984 , but application for a water service permit is made after said date, then the minimum raw water requirement will be considered satisfied; provided, however, that non- residential customers will be subject to the raw water surcharge when the annual allotment is exceeded. -2- (f) A nonresidential customer may submit more raw water, city certificates, or cash than the minimum required and such sub- mission shall raise such customer' s annual allotment a like amount. B. The raw water requirements as imposed pursuant to this section may be satisfied by one or more of the following methods: (1) Water rights acceptable to the city may be trans- ferred to the city. The Water Board shall determine which water rights are acceptable to the city and shall determine the appropriate conversion factors to be used in determining the yield from each of the acceptable sources. Such determination of the Water Board shall be final and conclusive. (2) Water certificates issued by the city may be sub- mitted in satisfaction of the raw water require- ments. The value of each certificate shall be as stated on the face thereof. (3) A cash payment in the amount of one thousand three hundred dollars ($1 ,300) for each acre-foot of raw water requirement may be made to the city. C. The satisfaction of the minimum raw water requirements shall be made no later than the time of issuance of a permit for water service. An owner of water rights or city certificates may submit acceptable water rights and/or city certificates prior to the time of issuance of a permit for water service, in which event the city will credit the owner accordingly. Such credit may then be used to satisfy, in whole or in part, assessed raw water requirements in advance of issuance of water service permits. 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. D. In no case shall the fact that a portion of a property was previously served with water from the City Water Utility excuse the furnishing of water rights when new water service is requested for other portions of said property. -3- I Introduced, considered favorably on first reading, and ordered pub- lished this 17th day of January, A.D. 1984, and to be presented for final passage on the 7th day of February, A 1984. ig_4� _ c Ma or 61) ATTEST: 1 City GlerK Passed and adopted on final reading this 7th day of February, A.D. 1984. May ATTEST: Cl1i City C erc -4-