HomeMy WebLinkAbout036 - 04/20/2010 - AMENDING SECTION 26-283 OF THE CITY CODE TO AUTHORIZE THE UTILITIES GENERAL MANAGER TO ESTABLISH TEM ORDINANCE NO. 036, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-283 OF THE CODE OF THE CITY OF FORT COLLINS
TO AUTHORIZE THE UTILITIES GENERAL MANAGER
TO ESTABLISH TEMPORARY ARRANGEMENTS FOR USE OF
CITY WASTEWATER SYSTEM CAPACITY
WHEREAS,on occasion, City wastewater customers require temporary wastewater service
for interim conditions or uses,and the City Code does not include express provisions governing the
manner in which such temporary service would be provided; and
WHEREAS,the City Council desires to authorize the Utilities General Manager to have and
exercise the authority to establish temporary arrangements for the provision of City wastewater
services, including the authority to impose a temporary wastewater plant capacity charge, in
accordance with the standards and requirements 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(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 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 to the
extent that the deferral of all or any portion of such payment has been approved by
the City Council by resolution or except as provided in either Subsection (e) or
Subsection (g) 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 Section 26-283 of the Code of the City of Fort Collins is hereby
amended by the addition of a new subsection (g), to read as follows:
(g) If the General Manager determines that sufficient excess wastewater system
capacity is available, 'and if a customer requires temporary service for a temporary
use or condition not exceeding three(3)years in duration,the General Manager may
arrange for the provision of temporary wastewater service through a special services
agreement in the manner prescribed in § 26-290 of this Article.
(1) If the full SPIF due in connection with any such service is not paid prior to
connection or deferred as provided in Subsection (a), above, the associated
special services agreement shall require the customer to pay a temporary
wastewater plant capacity charge each month, which charge shall be one-
twelfth (1/12) of eight (8) percent of the calculated SPIF charge, based on
BOD, TSS and monthly discharge volume in gallons. These payments will,
not be credited against any SPIF amount due in connection with service to
the customer for any subsequent temporary or permanent use or condition,
regardless of whether the permanent use or condition is the same as, or
comparable to, the temporary use or condition.
(2) The customer shall also be required to pay any and all other service and
connection fees or charges associated with the temporary wastewater service
as generally imposed by this Article, including but not limited to monthly
service charges for discharged wastewater. If charges for temporary
wastewater service are based upon estimates of the quantity or characteristics
of the wastewater discharged and the actual quantity or characteristics are
subsequently measured and found to have exceeded the discharge limits for
which any fees or charges have been paid, the customer shall be required to
pay such additional temporary wastewater plant capacity charges, monthly
charges,or other charges required in light of the underestimate of discharged
flows.
(3) Except as set forth herein, all requirements for wastewater discharges in this
Article, including but not limited to industrial pretreatment and other
regulatory requirements, shall apply to temporary wastewater service. '
Section 3. That all action not inconsistent with the provisions of this Ordinance
heretofore taken by the City or its officers and otherwise directed toward the authorization of
temporary wastewater services hereby ratified, approved and confirmed.
Section 4. That, if any section, subsection,paragraph,clause or other provisions of this
Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability thereof shall not affect any of the remaining sections, subsections, paragraphs,
clauses or provisions of this Ordinance.
Introduced, considered favorably on first reading, and or d published this 6th day of
April, A.D. 2010, and to be presented for final passage on the Ith day of April, A.D. 2019.
Mayor
ATTEST:
City Clerk
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Passed and adopted on final reading on the 20th day of ri A.D. 2010.
Mayor
ATTEST:
ALI it
City Clerk `
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