HomeMy WebLinkAbout068 - 05/20/2014 - CLARIFYING ORDINANCE NO. 028, 2014, RELATING TO WASTEWATER RATES ORDINANCE NO. 068, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CLARIFYING ORDINANCE NO. 028, 2014,
RELATING TO WASTEWATER RATES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to 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, City Code Section 26-277 requires that the City Manager analyze the
operating and financial records of the wastewater utility during each calendar year and.
recommend to the City Council the user rate fees or adjustments to be in effect for the following
year; and
WHEREAS, City Code Section 26-277 further requires that the user rates be revised as
necessary to assure equity of the rate system established and to assure that sufficient funds are
obtained to adequately operate and maintain the wastewater system; and
WHEREAS, on October 15, 2013, the City Council adopted on second reading
Ordinance No. 150, 2013, amending Section 26-280 and Section 26-283 of the City Code to set
wastewater rates for 2014, effective January 1, 2014; and
WHEREAS, on February 18, 2014, the City Council adopted on first reading Ordinance
No. 028, 2014, amending the City Code to specify the wastewater rates applicable to multi-
family units until a certificate of occupancy has been issued for the units; and
WHEREAS, Ordinance No. 028 added language to Section 26-278, Section 26-279 and
Section 26-280, and in particular revised Section 26-280 by the addition of a sentence at the end
of the explanation of the rate applicable to customer category "C" (Multi-family residential
user); and
WHEREAS, although the revision to Section 26-280 was clearly marked in Ordinance
No. 028 on first reading, the remainder of Section 26-280 as shown on second reading of the
Ordinance on March 4, 2014, erroneously misstated the wastewater rates as those that were in
effect prior to the adoption of Ordinance No. 150, 2013; and
WHEREAS, although the City Council's purpose and intended revision to Section 26-
28E are unambiguous, the codification of Ordinance No. 028, without clear direction to the
codifiers from the City Council, could result in an erroneous change to the City's wastewater
rates; and
WHEREAS, in light of the foregoing, it is the City CounciFs desire to clearly state and
reaffirm the wastewater rates for 2014, as provided in Ordinance No. 150, 2014, together with
the intended additional language set forth in Ordinance No. 028, as set forth herein.
- 1 -
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby clarifies and reaffirms its intent in the
adoption of Ordinance No. 028, 2014, to modify Section 26-280 only by the addition of a single
new sentence clarifying multi-family rates, and hereby ratifies any action taken by any officers
or employees of the City pursuant to Ordinance No. 150, 2014.
Section 2. That it is the intent of the City Council that Section 26-280 of the Code of
the City of Fort Collins shall read and, to the extent necessary is hereby amended nunc pro tunc
March 4, 2014, to read as follows:
Sec. 26-280. Service charges established by category.
The schedule of rates for each category described in § 26-279 shall be as follows:
Categoty Class of Rate
Customer
IA Single-family $36.29 per month
residential user
(flat rate)
Single-family $16.21 per month plus $3.150 per 1,000
residential user gallons of either winter quarter water use or
(metered water 3,000 gallons, whichever is greater. For
use) single- family customers who have not
established a winter quarter water use at the
service address, a system average of 4,800
gallons per month shall be billed.
B Duplex (two- $49.71 per month
family)
residential users
(flat rate)
Duplex (two- $18.42 per month plus $2.764 per 1,000
family) gallons of either winter quarter water use or
residential users 4,000 gallons, whichever is greater. For
(metered water duplex customers who have not established a
use) winter quarter water use at the service
address, a system average 7,200 gallons shall
be billed.
C Multi-family $3.051 per 1,000 gallons of winter quarter
residential user water use, plus a base charge of$2.40 per
(more than two month per dwelling unit served. For multi-
dwelling units family customers who have not established a
including mobile winter quarter water use at the service
- 2 -
l
home parks) and address, a system average of 3,400 gallons
winter quarter per living unit shall be billed. However,
based Category D rates will apply to multi-family
nonresidential residential units under construction during
user the period of service from the installation of
the water meter to the date the certificate of
occupancy is issued.
D Minor $2.823 per 1,000 gallons of water use,
nonresidential measured sewage flow or winter quarter
user water use, whichever is applicable, plus the
following applicable base charge:
Size of water meter (inches) Base charge
'/ or smaller $ 8.151 -
1 18.81
1%2 37.85
2 64.77
3 103.48
4 163.43
6 716.42
8 827.20
�E and F Intermediate $2.823 per 1,000 gallons of water use,
nonresidential measured wastewater flow or winter quarter
user and water use, whichever is applicable; plus a
Significant surcharge of$3.120 per million gallons for
industrial user each milligram per liter of suspended solids
f in excess of 235 milligrams per liter; plus a .
surcharge of$2.599 per million gallons for
1 each milligram per liter of BOD in excess of
265 milligrams per liter or a surcharge of
$1.641 per million gallons for each
milligram per liter of COD in excess of 400
milligrams per liter, or a surcharge of$4.857
per million gallons for each milligram per
liter of TOC in excess of 130 milligrams per
liter, whichever is applicable. The user shall
pay this calculated amount plus the
applicable base charge set forth below:
Size of water meter (inches) Base charge
'/ or smaller $ 8.15
1 18.81
1 Yz 37.85
2 64.77
- 3 -
�— 3 103.48
4 1 163.431
6 716.42
�— 8 827.20
G User outside The rate for users outside the City limits
City limits shall be the same as for like service inside
Ithe City limits as is specified in Categories
A—F and H in this Section
H Special with The rate pursuant to a special wastewater
agreement services agreement approved by the City
Council pursuant to § 26-290 shall be set
forth in said agreement.
Introduced, considered favorably on first reading, and ordered published this 6th day of
May, A.D. 2014, and to be presented for final passage on the 20th day of May, A.D. 2014.
Mayor
C :�<
ATTEST: r
W �Q.• • '
City Clerk �ORADO
Passed and adopted on final reading on this 20th day of May, A.D. 2014.
M yor
ATTEST: `\�V OF FONT
%o
:z
:co
City Clerk 0 ..
C�6'ADO• ••
- 4 -