HomeMy WebLinkAbout2005-018-03/01/2005-REGARDING UTILITY SERVICE IN THE LAPORTE AREA RESOLUTION 2005-018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REGARDING UTILITY SERVICE IN THE LAPORTE AREA
WHEREAS,Latimer County has recently adopted the 2004 Laporte Area Plan, which sets
general planning and zoning standards for the unincorporated area of Latimer County northwest of
Fort Collins generally referred to as "Laporte",which is outside of the City limits and outside of the
City's approved Growth Management Area("GMA"); and
WHEREAS,the adoption of the Laporte Area Plan,which identifies areas for possible future
development that will require the provision of public wastewater services,has generated substantial
interest in and discussion of the source of public wastewater collection and treatment services for
that future development; and
WHEREAS, among the alternatives under discussion is the formation of one or more new
special districts to provide wastewater collection and treatment services, most likely through the
development of small package treatment plants; and
WHEREAS,the City of Fort Collins provides water service and wastewater collection and
treatment services to certain properties in the Laporte area as a result of prior agreements with the
Laporte Water and Sanitation District and pursuant to existing individual out-of-city service
agreements; and
WHEREAS, applicable City Plan policies discourage the extension of City utility services
in a manner that may encourage sprawling development on the edges of the City's GMA, except
when special benefits will accrue to the City for providing such services; and
WHEREAS,because of Laporte's position upstream of Fort Collins on the Poudre River,the
development of the Laporte area and the treatment in Laporte of wastewater from such development
has raised concerns regarding potential water quality impacts upon the Poudre River, the residents
of Fort Collins and the City's wastewater treatment facilities; and
WHEREAS, several developers planning developments in the Laporte area are actively
working to plan and form a special district that would provide wastewater services,along with other
public improvements and services; and
WHEREAS, said developers have expressed an interest in acquiring wastewater treatment
services from the City, thus eliminating the water quality impact concerns noted above; and
WHEREAS, the City's agreement to provide wastewater services to Laporte Water and
Sanitation District calls for the transfer to the City of said District's wastewater facilities and
customer responsibilities; and
WHEREAS, pursuant to prior agreements between the City and Laporte Water and
Sanitation District, the District previously transferred to the City certain water rights and its
obligations to provide water service generally within the District's service area; and
WHEREAS, the provision of utility services to areas outside of the city is a matter of City
discretion; and
WHEREAS,new development in areas outside of the city,such as the development projected
in the Laporte area, has been determined to result in increased usage of City streets, community
parks and libraries; and
WHEREAS, in light of the foregoing, City staff presented background information and
various alternatives related to these concerns to the City Council at its December 14, 2004, Study
Session; and
WHEREAS, based on that discussion, staff has prepared this Resolution, authorizing and
directing staff to proceed with negotiations in an effort to cooperate in the formation of a special
district that would provide wastewater collection and customer service, to which the City would
propose to provide wastewater treatment services by agreement with said district; and
WHEREAS, in addition, staff has also presented for Council consideration on first reading
together with this Resolution, Ordinance No. 026, 2005, which amends Chapter 26, Article X,
regarding Utility Service Outside City Limits, so as to distinguish between such service within the
City's GMA and without, and requiring Council approval for the extension of new utility service
outside of the GMA, either individually or based upon a general service plan; and
WHEREAS, Ordinance No. 026, 2005 also amends Chapter 7.5 to allow the City Manager
to collect from new out-of-GMA utility customers additional administrative charges based upon the
estimated demand on City services to result from the development to be served by City utility
services; and
WHEREAS,the City provides water service to portions of the Laporte Water and Sanitation
District service area,but it is anticipated that water service to other areas of Laporte will be provided
generally by West Fort Collins Water District; and
WHEREAS, in light of the City's existing arrangements for water service in the Laporte
Water and Sanitation District service area, City staff has also requested that the City Council
acknowledge that the City will continue to provide water service in that area to existing customers
and to in-fill development; and
WHEREAS, the Council also desires to authorize the City Manager to cooperate in the
formation of a special district within the portion of the Laporte area designated as "Approved
Wastewater Service Area"and depicted on Exhibit"A",attached hereto and incorporated herein by
this reference (the "Approved Service Area") so as to consolidate as much as possible the
wastewater system for the area and the provision of wastewater treatment services by the City's
Wastewater Utility,and,to the extent the formation of a special district in all or a portion of that area
is determined to be infeasible,to authorize the General Manager of Utilities to negotiate and arrange
for wastewater utility service on an individual basis in the Approved Service Area, provided that
such arrangements accommodate the formation of a special district for wastewater service that
would obtain its treatment services from the City.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. The City Council hereby authorizes and directs the City Manager to work
with property owners, developers,existing service providers,Larimer County, and other interested
parties to cooperate in the formation of a special district in the Approved Service Area so as to
consolidate as much as possible the wastewater system for the area and the provision of wastewater
treatment services by the City's Wastewater Utility.
Section 2. The City Council hereby authorizes the City Manager to negotiate an
agreement for the provision of wastewater treatment services in the Approved Service Area by the
City's Wastewater Utility to such a special district,to be presented to the Council for final approval.
Section 3. The City Council hereby authorizes the General Manager of Utilities, in his
or her discretion, to negotiate and arrange for wastewater service on an individual or development
basis to property in the Approved Service Area, if the General Manager determines that it is
infeasible to provide service to said property through a special district, and if any use to be served
meets the applicable conditions for provision of utility service and requirements for issuance of a
utility service connection permit and if any such arrangements accommodate the future formation
of a special district for service to that property. This authorization is intended to comprise Council
approval of a service plan for wastewater service in the Approved Service Area.
Section 4. The City Council hereby authorizes and directs the City Manager to cooperate
with the Laporte Water and Sanitation District to negotiate a new agreement,for presentation to the
City Council for approval, by which the District would assume additional responsibilities and
acquire its wastewater treatment service from the City,or to arrange for consolidation of that District
with another special district to provide wastewater service in the Laporte area, or to complete the
dissolution of the District and transfer of District facilities and responsibilities to the City.
Section 5. The City Council hereby acknowledges that the General Manager of Utilities,
may, in his or her discretion, negotiate and arrange for water service on an individual or
development basis to that property in the Approved Service Area that is generally within the Laporte
Water and Sanitation District service area. This acknowledgement is intended to document Council
approval of a service plan for water service in the portions of the Approved Service Area that are
within the Laporte Water and Sanitation District service area as of the date of this Resolution.
Section 6. The City Council hereby authorizes and directs the City Manager to develop
a schedule of charges for projected usage of City streets, community parks and libraries by new
development in the Approved Service Area,and to include such charges in any arrangement for the
provision of utility services by the City.
Passed and adopted at a regular meeting of the City Council held this 1 st day of March,A.D.
2005.
Mayor
ATTEST:
,,
�1 �
City Clerk
EXHIBIT "A"
Approved Wastewater Service Area for LaPorte
Larimer Countys
LaPorte Area Plan Boundary
'
I.\fig,' j ti. bl
i Y
i
r { LaPorte Water& ____
sanitation olstrbt
iLS
ht '
A
i
K _
-.,A
1
em ,r r —�
i t
4
Legend wa ^
Growth Menaaerrrertt Area
— Larkner Courdy'a LaPorte Arse Plan Boundary a ttiaasaa M
Q Approved Wae[earater Ser Ioe Arse nrrol Fart CMn,
y a a ea LaPorte Water&Senaadon etetriet �CT; gPlanning �
r aawr2�wos