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HomeMy WebLinkAbout047 - 03/26/2013 - ENACTING WATER RATES ADJUSTMENTS FOR THE WATER SUPPLY SHORTAGE RESPONSE LEVELS ESTABLISHED IN THE WA ORDINANCE NO. 047, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS ENACTING WATER RATES ADJUSTMENTS FOR THE WATER SUPPLY SHORTAGE RESPONSE LEVELS ESTABLISHED IN THE WATER SUPPLY SHORTAGE RESPONSE PLAN AND AMENDING THE PLAN WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to 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 26-118 of the Code of the City of Fort Collins, requires that the City Manager analyze the operating and financial records of the water utility during each calendar year and recommend to the City Council the user rate fees to be in effect for the following year; and WHEREAS, on November 6, 2012,the City Council adopted on second reading Ordinance No. 113,2012,which amended Chapter 26 of the Code of the City of Fort Collins to establish water rates for the City water utility for 2013, as provided in Section 26-118; and WHEREAS, since the time of adoption of Ordinance No. 113, 2012, City staff has determined, based on conditions in the Poudre watershed and in the City's water supply generally, that a water shortage condition is likely to be present in 2013; and WHEREAS, in 2003, the City Council adopted Ordinance No. 048, 2003, establishing a Water Supply Shortage Response Plan that designate water supply shortage response levels and corresponding water restrictions and conservation measures to be implemented administratively based on a projected water supply shortage; and WHEREAS,by its terms, Ordinance No. 048,2003,has remained in effect because there has been no determination or declaration by the City Council that municipal water supply conditions no longerjustify the continued implementation of the Water Supply Shortage Response Plan; and WHEREAS, Ordinance No. 048 directs the City Manager to present to the Council for consideration a revised water rate structure to reflect revised consumption and revenue projections as soon as reasonably practicable after a change in the Water Supply Shortage Response Level; and WHEREAS, in anticipation of the potential for possibly severe water supply shortages during 2013, and in order to establish the water rate structure associated with each corresponding Water Supply Shortage Response Level, staff has prepared a series of rate structures,as described herein,to be applied to City water service commensurate with the Water Supply Shortage Response Level as provided herein; and 1 WHEREAS, in addition, because excess water use surcharges arise when a customer uses water beyond the applicable annual allotment for the customer,this Ordinance contains an increase to the excess water use surcharge for each Water Supply Shortage Response Level,including Level 1, to encourage customers to reduce their consumption or provide additional raw water to the City; and WHEREAS,the Water Board considered the water rates structures proposed to correspond to levels of shortage outlined in the Water Supply Shortage Response Plan at its February 21, 2013, meeting and recommended approval of the proposed water rates structures by an unanimous vote; and WHEREAS, the City Manager has recommended to the City Council that the following water rates be established, to be implemented as set forth herein to accompany the corresponding Water Supply Shortage Response Level as set forth Ordinance No. 048, 2003, as amended by this Ordinance, and as the same may be amended or replaced by further action of the City Council; and WHEREAS, in preparation for the implementation of the Water Supply Shortage Response Plan in the coming months,the City Manager has recommended that the water restrictions be revised to modify the restriction on use of water fountains so as to allow certain activities in less severe water shortage conditions, and exempt water features in outdoor swimming pools from the restrictions; and WHEREAS, the City Manager has further recommended that the City Council revise the restrictions on permits for watering of large turf areas, City parks and public playing/athletic fields to prohibit watering at Response Levels 2 and 3 only on Monday, rather than Monday through Thursday, so as to allow more flexibility in managing watering schedules on these properties given that the limit on total amount of water to be applied will remain applicable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That for all meter readings on or after the beginning of the calendar month occurring after a City Manager declaration that the City is in Water Supply Shortage Response Level 1,the water rates as set forth in Article III of Chapter 26 of the Code of the City of Fort Collins shall apply, except that the surcharge for water used in excess of an applicable annual allotment, set forth in Section 26-129(c)(2) shall be changed as follows: See. 26-129. Schedule D, miscellaneous fees and charges. (c) The fees and requirements for raw water shall be as follows: 2 (2) The surcharge for water used in excess of applicable annual allotment shall be three dollars and thirty-six and six tenth cents ($3.366) per one thousand (1,000) gallons. Section 2. That for all meter readings on or after the beginning of the calendar month occurring after a City Manager declaration that the City is in Water Supply Shortage Response Level 2,the water rates as set forth in Article III of Chapter 26 of the Code of the City of Fort Collins shall be revised as follows: Sec. 26-127. Schedule B, meter rates. (a) Residential Rates. (1) Residential customers with one (1) dwelling unit. a. ' Base charge. Residential customers with one (1) dwelling unit shall pay a base monthly charge of fourteen dollars and fourteen cents ($14.14). b. Quantity charge. Residential customers with one (1) dwelling unit shall pay a monthly quantity charge as follows: For the first seven thousand (7,000) gallons used per month, a charge of two dollars and sixty-two and five tenths cents ($2.625) per one thousand (1,000) gallons. For the next six thousand (6,000) gallons used per month, a charge of three dollars and fifteen cents ($3.150) per one thousand (1,000) gallons. For the next seven thousand (7,000) gallons used per month, a charge of three dollars and seventy-eight cents ($3.780) per one thousand (1,000) gallons. For all additional gallons used per month, a charge four dollars and fifty- three and six tenths cents ($4.536) per one thousand (1,000) gallons. (2) Residential customers with two (2) dwelling units. a. Base charge. Residential customers with two(2)dwelling units shall pay a base monthly charge of sixteen dollars and sixty-one cents ($16.61). b. Quantity charge. Residential customers with two (2) dwelling units shall pay a monthly quantity charge as follows: 3 For the first nine thousand (9,000) gallons used per month, a charge of two dollars fifty-four and nine tenths cents ($2.549) per one thousand (1,000) gallons. For the next four thousand(4,000) gallons used per month,a charge of three dollars and five and nine tenths cents ($3.059) per one thousand (1,000) gallons. For the next seven thousand(7,000)gallons used per month,a charge of three dollars and sixty-'seven cents ($3.670) per one thousand (1,000) gallons. For all additional gallons used per month,a charge four dollars and forty and four tenths cents ($4.404) per one thousand (1,000) gallons. (3) Residential customers with more than two (2) dwelling units. a. Base charge. Residential customers with more than two(2)dwelling units shall pay a base monthly charge of fourteen dollars and three cents ($14.03) for the first dwelling unit and four dollars and sixty-seven cents ($4.67) for the second and each additional dwelling unit. b. Quantity charge. Residential customers with more than two (2) dwelling units shall pay a monthly quantity charge of two dollars and three and seven-tenths cents($2.037)per one thousand(1,000)gallons used in the winter season months of November through April. They shall pay a monthly quantity charge three dollars and thirty nine and five tenths cents($3.395)per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge;however,no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. (b) Nonresidential Rates. (1) Base charge. Nonresidential, except for special users as described in Subsection 26-127(c) below, customers shall pay a base monthly charge based on meter size as follows: Meter S�(Inches) onthly Base Charge 314 $ 12.66 1 35.31 4 I% 96.02 2 144.71 3 220.71 4 346.49 6 672.15 8 1,187.42 (2) Quantity charges. Nonresidential customers shall pay a monthly quantity charge of one dollar and seventy-six and one-tenth cents ($1.761) per one thousand (1,000) gallons used in the winter season months of November through April. They shall pay a monthly quantity charge two dollars and ninety and three tenths cents ($2.903) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6)full billing cycles at the summer quantity charge. (3) Charges,for excess use. Monthly water use in excess of the amounts specified in the following table shall be billed at two dollars and fifty-three cents ($2.53) per one thousand (1,000)gallons used in the winter season months of November through April.Monthly water use in excess of the amounts specified below shall be billed four dollars and seventeen and three tenths cents ($4.173) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal billing excess quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer excess quantity charge. Specified Amount Meter Size (gallons per (inches) month) 3/4 100,000 1 300,000 1'/2 625,000 2 1,200,000 3 1,400,000 4 2,500,000 5 Sec. 26-129. Schedule D, miscellaneous fees and charges. (a) Connection fees and service charges shall be as set forth in Subsection 26-712(b). (b) The fire hydrant fees and charges shall be as follows: (1) For installation of meter: $43.00 (2) For removal of meter: 43.00 (3) For daily rental for meter and fittings: 8.60 (4) For water service rate per one thousand (1,000) gallons water 5.02 used: A deposit may be required in the amount of the charges for the anticipated water usage and rental. (c) The fees and requirements for raw water shall be as follows: (1) To satisfy raw water requirements with in-lieu cash payments, the rate per acre-foot of RWR is sixty-five hundred dollars ($6,500.). (2) The surcharge for water used in excess of applicable annual allotment shall be four dollars and forty-four cents ($4.440) per one thousand (1,000) gallons. Section 3. That for all meter readings on or after the beginning of the calendar month occurring after a City Manager declaration that the City is in Water Supply Shortage Response Level 3,the water rates as set forth in Article III of Chapter 26 of the Code of the City of Fort Collins shall be revised as follows: Sec. 26-127. Schedule B, meter rates. (a) Residential Rates. (1) Residential customers with one (1) dwelling unit. a. Base charge. Residential customers with one (1) dwelling unit shall pay a base monthly charge of fourteen dollars and fourteen cents ($14.14). b. Quantity charge. Residential customers with one (1) dwelling unit shall pay a monthly quantity charge as follows: For the first seven thousand(7,000)gallons used per month,a charge of three dollars and seven and four tenths cents ($3.074) per one 6 thousand (1,000) gallons. For the next six thousand(6,000)gallons used per month,a charge of three dollars and sixty-eight and nine tenths cents ($3.689) per one thousand (1,000) gallons. For the next six thousand(7,000)gallons used per month,a charge of four dollars and forty-two and seven tenths cents ($4.427) per one thousand (1,000) gallons. For all additional gallons used per month, a charge five dollars and thirty-one and two tenths cents ($5.312) per one thousand (1,000) gallons. (2) Residential customers with two (2) dwelling units. a. Base charge. Residential customers with two(2)dwelling units shall pay a base monthly charge of sixteen dollars and sixty-one cents ($16.61). b. Quantity charge. Residential customers with two (2) dwelling units shall pay a monthly quantity charge as follows: For the first nine thousand (9,000) gallons used per month, a charge of two dollars ninety-nine and one tenths cents ($2.991) per one thousand (1,000) gallons.: For the next four thousand (4,000) gallons used per month, a charge of three dollars fifty-eight and nine tenths cents ($3.589) per one thousand (1,000) gallons. For the next seven thousand(7,000)gallons used per month,a charge of four dollars and thirty and seven tenths cents ($4.307) per one thousand (1,000) gallons. For all additional gallons used per month,a charge of five dollars and sixteen and eight tenths cents ($5.168) per one thousand (1,000) gallons. (3) Residential customers with more than two (2) dwelling units. a. Base charge. Residential customers with more than two(2)dwelling units shall pay a base monthly charge of fourteen dollars and three cents ($14.03) for the first dwelling unit and four dollars and sixty-seven cents ($4.67) for the second and each additional dwelling unit. 7 b. Quantity charge. Residential customers with more than two (2) dwelling units shall pay a monthly quantity charge of two dollars and three and seven-tenths cents($2.037)per one thousand(1,000)gallons used in the winter season months of November through April. They shall pay a monthly quantity charge of four dollars and twenty-one and two tenths cents($4.212) per one thousand(1,000)gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however,no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. (b) Nonresidential Rates. (1) Base charge. Nonresidential, except for special users as described in Subsection 26-127(c)below,customers shall pay a base monthly charge based on meter size as follows: IM �I onthly Base eter Size (inches) large 314 $ 12.66 1 35.31 1%2 96.02 2 144.71 3 220.71 4 346.49 6 672.15 8 1,187.42 (2) Quantity charges. Nonresidential customers shall pay a monthly quantity charge of one dollar and seventy-six and one-tenth cents ($1.761) per one thousand (1,000) gallons used in the winter season months of November through April. They shall pay a monthly quantity charge three dollars and fifty-nine and nine tenths cents ($3.599)per one thousand(1,000)gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six(6)full billing cycles at the summer quantity charge. 8 (2) Charges for excess use. Monthly water use in excess of the amounts specified in the following table shall be billed at two dollars and fifty-three cents ($2.53) per one thousand(1,000)gallons used in the winter season months of November through April. Monthly water use in excess of the amounts specified below shall be billed at five dollars and seventeen and four tenths cents ($5.174) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal billing excess quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer excess quantity charge. Specifhed Amount Meter Size (gallons per (inches) month) 3/a 100,000 1 300,000 1% 625,000 2 1,200,000 3 1,400,000 4 2,500,000 Sec. 26-129. Schedule D, miscellaneous fees and charges. (a) Connection fees and service charges shall be as set forth in Subsection 26-712(b). (b) The fire hydrant fees and charges shall be as follows: (1) For installation of meter: $43.00 (2) For removal of meter: 43.00 (3) For daily rental for meter and fittings: 8.60 (4) For water service rate per one thousand (1,000) gallons water 5.02 used: A deposit may be required in the amount of the charges for the anticipated water usage and rental. (c) The fees and requirements for raw water shall be as follows: (1) To satisfy raw water requirements with in-lieu cash payments, the rate per acre-foot of RWR is sixty-five hundred dollars ($6,500.). 9 (2) The surcharge for water used in excess of applicable annual allotment shall be five dollars and fifty and four tenth cents ($5.504)per one thousand(1,000)gallons. Section 4. That for all meter readings on or after the beginning of the calendar month occurring after a City Manager declaration that the City is in Water Supply Shortage Response Level 4,the water rates as set forth in Article III of Chapter 26 of the Code of the City of Fort Collins shall be revised as follows: See. 26-127. Schedule B, meter rates. (a) Residential Rates. (1) Residential customers with one (1) dwelling unit. a. Base charge. Residential customers with one (1) dwelling unit shall pay a base monthly charge of fourteen dollars and fourteen cents ($14.14). b. Quantity charge. Residential customers with one (1) dwelling unit shall pay a monthly quantity charge as follows: For the first seven thousand(7,000)gallons used per month,a charge of three dollars and sixty-three and three tenths cents($3.633)per one thousand (1,000) gallons. For the next six thousand(6,000)gallons used per month,a charge of four dollars and thirty-six cents ($4.360) per one thousand (1,000) gallons. For the next six thousand(7,000)gallons used per month,a charge of five dollars and twenty-three and two tenths cents ($5.232) per one thousand (1,000) gallons. For all additional gallons used per month, a charge six dollars and twenty-seven and eight tenths cents($6.278)per one thousand(1,000) gallons. (2) Residential customers with two (2) dwelling units. a. Base charge.Residential customers with two(2)dwelling units shall pay a base monthly charge of sixteen dollars and sixty-one cents ($16.61). b. Quantity charge. Residential customers with two (2)dwelling units shall pay a monthly quantity charge as follows: 10 For the first nine thousand (9,000) gallons used per month, a charge of three dollars and fifty and nine tenths cents ($3.509) per one thousand (1,000) gallons. For the next four thousand (4,000) gallons used per month, a charge four dollars and twenty-one cents ($4.210) per one thousand(1,000) gallons. For the next seven thousand(7,000)gallons used per month,a charge of five dollars and five and two tenths cents ($5.052) per one thousand (1,000) gallons. For all additional gallons used per month,a charge of six dollars and six and three tenths cents ($6.063)per one thousand (1,000)gallons. (3) Residential customers with more than two (2) dwelling units. a. Base charge. Residential customers with more than two(2)dwelling units shall pay a base monthly charge of fourteen dollars and three cents ($14.03) for the first dwelling unit and four dollars and sixty-seven cents ($4.67) for the second and each additional dwelling unit. b. Quantity charge. Residential customers with more than two (2) dwelling units shall pay a monthly quantity charge of two dollars and three and seven-tenths cents($2.037)per one thousand(1,000)gallons used in the winter season months of November through April. They shall pay a monthly quantity charge of five dollars and seventeen and three tenths cents($5.173) per one thousand(1,000)gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge;however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. (b) Nonresidential Rates. (1) Base charge. Nonresidential, except for special users as described in Subsection 26-127(c) below, customers shall pay a base monthly charge based on meter size as follows: Meter Size(inches) onthly Base (Charge '/4 $ 12.66 1 35.31 11 I% 96.02 2 144.71 3 220.71 4 346.49 6 672.15 8 1,187.42 (2) Quanlity charges. Nonresidential customers shall pay a monthly quantity charge of one dollar and seventy-six and one-tenth cents ($1.761) per one thousand (1,000) gallons used in the winter season months of November through April. They shall pay a monthly quantity charge of four dollars and sixty-one cents ($4.610) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. (3) Charges.for excess use. Monthly water use in excess of the amounts specified in the following table shall be billed at two dollars and fifty-three cents ($2.53) per one thousand(1,000)gallons used in the winter season months of November through April. Monthly water use in excess of the amounts specified below shall be billed at six dollars and sixty-two and seven tenths cents ($6.627) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal billing excess quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer excess quantity charge. Specified Amount Meter Size (gallons per (inches) month) '/4 100,000 1 300,000 1'h 625,000 2 1,200,000 3 1,400,000 4 2,500,000 12 See. 26-129. Schedule D, miscellaneous fees and charges. (a) Connection fees and service charges shall be as set forth in Subsection 26-712(b). (b) The fire hydrant fees and charges shall be as follows: (1) For installation of meter: $43.00 (2) For removal of meter: 43.00 (3) For daily rental for meter and fittings: 8.60 (4) For water service rate per one thousand (1,000) gallons water 5.02 used: A deposit may be required in the amount of the charges for the anticipated water usage and rental. (c) The fees and requirements for raw water shall be as follows: (1) To satisfy raw water requirements with in-lieu cash payments, the rate per acre-foot of RWR is sixty-five hundred dollars ($6,500.). (2) The surcharge for water used in excess of applicable annual allotment shall be seven dollars and five cents ($7.050) per one thousand (1,000) gallons. Section 5. That the water rate structure described in this Ordinance for any Water Supply Shortage Response Level shall go into effect and become the operative water rate structure for meter readings on or after the beginning of the calendar month occurring after a City Manager declaration of said Water Supply Shortage Response Level to be in effect. Section 6. Except as otherwise modified by this Ordinance, all water rates, fees and charges as set forth in Article III of Chapter 26 of the Code of the City of Port Collins shall continue in full force and effect. Section 7. That Subsection 3.N of Ordinance No. 048, 2003, deleting the definition of "Water fountain", and replacing it with a definition of"Water feature," to read as follows. N. "Water feature"shall mean a water feature that either causes water to be sprayed into the air,or is a waterfall or fountain. The term water feature shall not mean a water feature of a pond or basin that performs a function essential to the support of fish life in that pond or basin, or a water feature in a swimming pool. Section 8. That item number 24"Lawn&turf watering exceptions by permit,4 acres or more,"on page 2 of the Water Supply Shortage Response Plan attached to Ordinance No. 048,2003, as Exhibit "A," is hereby amended to read as follows. 13 Response Response Response Response Level Levell Leve13 Leve14 2. Lawn &turf (Note: All permits must be displayed so they are visible from the street or sidewalk.) watering Exceptions by permit d. 4 acres or more Permit required for a Permit required for a No exceptions No exceptions special watering special watering schedule to schedule to accommodate areas accommodate areas of 4 acres or more. of 4 acres or more. Max. of 1.00"per Max. of 0.75"per week. No watering week. No watering on Monday and on Monday and between the hours of between the hours of 10 a.m. and 6 p.m. 10 a.m. and 6 p.m. . . . . . . . . . . . . . . . Section 9. That item number 2.e,"Lawn&turf watering exceptions by permit,City parks &public athletic/playing fields,",on page 2 of the Water Supply Shortage Response Plan attached to Ordinance No. 048, 2003, as Exhibit "A," is hereby amended to read as follows. Response Response Response Response Levell Levell Leve13 Leve14 2. Lawn &turf (Note: All permits must be displayed so they are visible from the street or sidewalk.) watering Exceptions by permit . . . . . . . . . . . . . . . e. City parks& Permit required for a Permit required for a Permit required for a No exceptions public special watering special watering special watering athletic/playing schedule. Max. of schedule. Max. of schedule for only fields 1.25"per week. No 1.00"per week. No select fields. Max. watering on Monday watering on Monday of 0.75"per week. and between the and between the No watering on hours of 10 a.m. and hours of 10 a.m. and Monday and 6 p.m. 6 p.m. between the hours of 10 a.m. and 6 p.m. Section 10. That item number 9, "Water Fountains" on page 3 of the Water Supply Shortage Response Plan attached to Ordinance No.048,2003,as Exhibit"A,"is hereby amended to be entitled "Water features," and to read as follows. 14 Response Response Response Response Levell Leve12 Leve13 Leve14 . . . . . . . . . . . . 9. Water features Unrestricted Unrestricted No use allowed No use allowed Introduced,considered favorably on first reading,and ordered published this 18th day of March, A.D. 2013, and to be presented for final passage on the 26th day of March A.D. 2013. co< May r ATTEST: r- Cn City Clerk �`&RADO Passed and adopted on final reading on the 26th day of March, A.D. 2013. OF FORT 9( o �✓L[ LB� V�.• ' ..V May r ATTEST: cr .��� 4 .y A/9 City Clerk ORADO 15