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HomeMy WebLinkAbout147 - 11/04/2014 - AMENDING CHAPTER 26 OF THE CITY CODE TO REVISE WATER PLANT INVESTMENT FEES, EXCESS WATER SURCHARGE R ORDINANCE NO. 147, 2014 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, EXCESS WATER SURCHARGE RATES, AND RAW WATER REQUIREMENTS FOR METERS LARGER THAN TWO INCHES IN SIZE 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 water utility, as set forth therein; and WHEREAS, City Code Section 26-120 provides for water plant investment fees to be based on and used for growth-related capital expansion costs of water supply, storage, transmission, treatment and distribution facilities, and related factors; and WHEREAS, City Code Section 26-120 further requires that the City Manager annually review the parameters and rates of the water plant investment fees and also requires that the City Manager present such fees to the City Council for approval no less frequently than biennially; and WHEREAS, City Code Sections 26-128, 26-129, and 26-149 concern various fees, rates, and requirements applicable to water service with meters larger than two inches in size; and WHEREAS, it would be beneficial to revise certain portions of the City Code with respect to two-inch and three-inch meters so that the City Code is consistent in this respect; and WHEREAS, it would be beneficial to set forth a specific calculation for the water plant investment fee for meters larger than two inches in size to ensure equal application of the fee; and WHEREAS, the City Manager and City staff have recommended to the City Council that the following changes be made. 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: See. 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 - (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: 1 Nonresidential Meter Size Plant inches Investment Fee '/< $ 7,000 1 19,050 1%z 41,600 2 64,410 b. The fee for all meters larger than two (2) inches shall be calculated by multiplying the estimated peak daily demand by $4.43 / gallons, but shall not be less than the charge for a two-inch meter. Section 2. That Section 26-129 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-129. Schedule D, miscellaneous fees and charges. (c) The fees and requirements for raw water shall be as follows: i (1) To satisfy raw water requirements (RWR) with in-lieu cash payments, the rate per acre-foot of RWR is sixty-five hundred dollars ($6,500). (2) Excess Water Use Surcharge assessed on commercial and irrigation taps when water use is in excess of the applicable annual allotment shall be three dollars and six cents ($3.06) per one thousand (1,000) gallons. (3) The annual water allotment, based on the minimum RWR shall be as follows: 2 Meter Size Annual Allotment (inches) (gallons/year) 3/4 293,270 1 977,550 1% 1,955,110 2 3,128,170 Above 2 325,851 gallons per acre foot RWR Section 3. 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. (b) The minimum RWR for water meters up to two and zero tenths (2.0) inches in diameter are as follows: Meter Size RWR (inches) (acrefeet) 3/4 .90 1.0 3.00 1.5 6.00 2.0 9.60 (c) The RWR for customers requiring a meter larger than two and zero tenths (2.0) 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 Utilities Executive Director. (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) below, 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 (1). When a user uses more water than the annual - 3 - allotment, as determined by monthly billing records in a given calendar year, an Excess Water Use 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 property shall be considered satisfied under this Section. However, such nonresidential user shall be subject to the Excess Water Use Surcharge when the annual allotment is exceeded. Section 4. That the amendments to Chapter 26 of the Code of the City of Fort Collins contained herein shall go into effect on January 1, 2015. Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D. 2014. lOf FOR c, �r a or ATTEST: sty :cn N ADO c'•• City Clerk Passed and adopted on final reading on the 4th day of November, A.D. 2014. Ma or ATTEST: �y OF.FORT :r co City Clerk '0 •. ORRDO - 4 -