HomeMy WebLinkAbout2008 Ordinance No. 071•
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ORDINANCE NO . 1/
SERIES 01' 2008 --
BY AUT HORITY
CuUNC IL BILL NO . 78
INTRODUCED BY COUNCIL
MEMBER McCAS LIN
AN ORDINANC E AMENDING TITLE 12, CHAPTE R 2, SECT ION 3, SUBSECTION 8, OF
THE ENGLEWOOD MlJNlCIP AL CO DE 2000 REC ARD ING SEWER FEES AND
CHARGE S.
WHEREAS, the City Co un cil of the City of Englewood, Co lorad o app roved a sewer rate
increase wi th the passage of Ordinance No . 23 , Serie s of2003; and
WHEREAS , the proposed sewer ra te increases wi ll provide adequate fund s to ope ra te and
maintain the Bi -City Plant as well as th e Englewood sewer co ll ection system and allow compl etio n
of seve ral ca pital project s at the Bi-Ci ty Pl ant ; and
WHEREAS , th e Water and Sewer Board recommended the propo sed increa ses to fee s and
charges at their October 14, 2008 meet ing.
NOW , THEREFORE, BE IT ORDAINED BY THE CnY COUNC IL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Section I. The Ci ty Council of the Cit y of Englewood , Co lorad o hereby authori zes amending
Title 12, Chapter 2, Sec ti on 3, Sub sec ti on 8 , of the Englewood Mun ic ipal Code 2000, to read as
fo ll ows :
12-2-3 : Fees 10d Charges.
8 . General . There is hereb )' levied and charged on eac h lot , parcel of land and premises served
by or having sewer co nn ecti on with the sanitary sewe r of th e Cit y or otherw ise disc harging
sani tary sewage, industri al wastes or other liquids, ei ther directly or indirectly, into the Ci ty
sa nitary se wer system an annual service charge which shall be computed and payable as
follow s:
I 0. All fee s and charges listed under this Section 12-2 -3, shall be su bj ec t to a cumulati ve
increa se for the ne xt f;w & (~ l) years (;!00; 2ll!!2 to ;!003 ~ as fo ll ows :
GR JeRU&F)' I, 2004 , tho efiistiRg fees eed eh&fgos shall be iReFeesed bi the am euRt ef
lltloeR po,eoRt (15%) aha e ti,c Ja11uaf) I, 200~, fee s a11d ehuges .
Go Jeouaf) I, 2005 , the e•is•i•g fees ••d eha,gos al1all be iReFoaaed bi th o amau11t af
lltloeR po,eeRt (15%) aha ·e tho J&RU&F) I, 2004 , fees &Rd oha,ge,.
GR Ja11ueF) I, 2006 , th e 011ietiRg fees &Rd eha,ges shall be iRe,eesod bi the.,,, <ii '11--ef
~ pe,eeRt (15!') ah a • tho laRU&F) I, 2005 , t;,e , aed eha,ges .
GR Ja11uaP, I, 200;, the efiistiRg fees &Rd eha,gos shall be in e,eesod bi· the &R'8URt ef
lltlee11 pe,eeRt (15!') ab e e ti• laR••Fl I, 2006 , feo, a11d eha,gas .
11 b ii
Oe Jem,e,y I, 2QQ8 , 1ho o!liSling 1<,es end elmg. shnll be inereesed by lh o em esnl ef
fe•~••n poreelll ( I H~J ebe e 11.e Jen••f) I, 2QQ'7 , r..es end ehnrges .
On Januarv I '009 the existing fees andcharnes shall be increas ed bx th e amount ofe i£ht
oercem CS%} above 1he Jnnuarv l 2008 fees and,,cllme,s,.
On Janua a I 2010 the existing fees nod charges sha ll be increased bx the amount ofe isht
nercem (8%} above the Januarv I 2009 fees and charaes
~es nod charges sha ll be increased bx the amount of ei sbt
o.ercent (8%} above the January I 20 IO fees and cl .:.™
Seciion 2. Safety Clauses. The Ci ty Counc il hereby finds , determines , and declares 1ha1 lhi s
Ordi nance is promulgaled und er the general police powe r of the Ci1y of Englewood, !h at ii is
promulgaled for the health , safety, and welfare of the pu bli c, and that th is Ordinance is necessary
for the preserv ati on of hea lth and sa fety and for the protec ti on of pu blic convenience "nd
welfa re. The Cil y Co un cil furth er determines 1hat th e Ord inance bears a rationa l relali on 10 lhe
proper lcgisla1ivc objecl so ught to be oblai ned.
Section 3. Se verab ility . If any clause, se ntence, paragraph, or part of 1his Ordin ance or lhe
ap pli cation !hereof to any person or circ unislances shall .'o r any reason be adjudged by a co urt of
co mp etent juri sdi ction inva lid , such judgment sha ll not affect, impair or inva lidate the rem ainder
of this Ordinance or it s app licatio n to other persons or cirr. umst ances.
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Section 4. Inconsistent Ord in ances . All other Ordinances or portions thereof inconsistent or •
co nflicling with tlti s Ord in ance or any porti on hereof arc hereby repealed 10 the extent of such
inconsistency or con fli ct.
Section 5. Effect of repea l or modification. The repeal or modifica ti .:m of any provision of
the Code of lite City of Englewood by 1hi s Ordinance sha ll nol release, extinguish, alt er, modify,
or change in whole or in part any penalt y, forfeiture , or li abi lit y, either civi l or crimin al, whi ch
shall have been incurred under such provision , and each provi sion shall be treated and held as
still remaini ng in fo rce for the purposes of sustaining any and all proper ac tio ns, suil s,
proceedings , and prosecu1ions for 1hc enfo rce ment of the penalty, forfc i1ure, or liab ility, as we ll
as for the purpose of sustaining any ju dgment , decree, or ord er which can or may be rendered ,
en tered, or made in suc h actions , suit s, proceedings , or prosecutions .
Sec1ion 6. Pen alt y. TI1c Penalty Provi sio n of Section 1-4-1 EMC sha ll app ly to eac h and
every violat ion of thi s Ordi nance .
Int roduced, rea, in full , and passed on first reading on th e 3rd day ufNovc mbcr, 2008.
Pub lis hed as a Bi ll fo r an Ordin ance in the Cit y's offic ial newspa per on lite 7~ day of November,
200 8.
Read hy titl e nnd pa ssed on fin al reading on the 171h day of November, 2008 .
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• Publi shed by 1i1le in 1he Ci1 y's offic ial new spape r ns Ordinance No.'7/, Serie s of 2008 , on
1ht 1 1s1 day of No ve mber, 2008.
I, Loucri shia A. Ellis, City Clerk of the Ci ty of Englewood , Co lorado, hereby cenify that the
above and fo re go ing is ~ copy of the Ordinance passed on final reading and publi shed by
titl e as Ordinance No . ..'...{/Series of 2008 .
1/U/~<· ti~
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COUNCIL COMMUNICATION
Date : I Agenda Item : I Subject:
t-N_ov_e __ rn_b_e_r_3_,_2_0_0_8__._ ___ 1_1_a_i ,.... _ __._ ___ B_ill_f_o_r a_n _ Ordinance for Sewer lnc_re_•~se-,--1
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Staff Source :
Stewart H. Fonda , Direc tor of Utili ti es
lnitiat~d By:
Utilities Depa rtment
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved a sewer ra te increase that was imp lemented January 1, 1999. The la st rate
increas e before that was in 1982 by Council Bill #56.
On Jul y 8, 2003 Council approve d annual increases for a five yea r period . Th e last increase
occurred Janu ary 1, 2008.
RECOMMENDED ACTION
The Engl ewood Water and Sewer Board reco mmended Council approve a propose d bill for an
ordinan ce. The reco mmend ed increases in se" er charges are 8% in 2009, 8% in 201 0 and 8% in
2011. The proposed Increases provide reve nues that maintain an adequate fund balan ce and mee t
bond req uirements .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIEU
In 2008 the Littleton/Englewood Wastewa ter Treatment Pl ant wi ll be co mpl eted after four yea rs of
con struction . The co nstructi on was necessary to accommodate recent denitrifi cation requirements
imposed by th e State Health Depa rtm ent.
Th e attached Sewer Utility Reve nue report and cash flow present a series of rate adjus tm en ts th at
prov ide adeq uate funds to operate and maintain the Bi-City Plant as well as the Englewood sewer
co ll ection sys tem. There are also ade qu ae-funds to allow comple ti on of several ca pital projects at
the Bi-City Plant that we re determined during th e cons tru ction period to be necessary .
l'INANCIAL IMPACT
It is proposed to in crease sewer r.lles 8% in 2009, 8% in 2010 and 8% in 20 11.
LIST OF ATTACHMENTS
Sewer Utility Revenue Report
Cash Flow • Sewer Ent erpris e Fund • 2009 Budget
Sewer Trea tm ent Charges
Propo sed Bi ll fo r an Ordinance
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• SEWER UTILITY
REVENUE REPORT
The Englewood Sewer Utility serves about 55 % of the customers served by the Bi-City
Treatment Plant. The Bi -C ity Plant serve,; a population of about 300,000 in the south
metro area from the Valley Highway to the foothills south of Yale Avenue excluding
Highlands Ranch. The cash flow presented in this repon includes Englewood's share of
the Bi-City Plant expenses as well as the expense of operating and maintaining the
Englewood sewer collection system . The cash requirements are predominantly deter•
mined by th e payments to the Bi-City Plant operation.
In 2008 the Bi-City Plant expansion and upgrade will be completed after four years of
construction . It appears that the final costs will be very close to the $1 J(),000,000 esti-
mated in 2003 . Only about $3,500,000 of the $5 ,000,000 contingency will be needed to
complete the project. A five year revenue increase program was approved by the City
Council in 2003 to build the plant and it now appears that all of the goals established at
that time have been accomplished.
• Th e attached cash flow presents a series ofrate adjustments that provide adequate funds
to operate and maintain the Bi-City Plant as well as the En glewood sewer collection sys-
tem. There are also adequate funds in the cash flow to allow several capital projects , de-
termined durina the construction period , to be completed over the next three years.
Englewood's share of these projects is estimated to be $900,000 in 2009 and an allow-
ance of S 1,0 00,000 is shown for subsequent years.
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The cash flow assumes that operation and mainten anc e expenses will increase at 6% per
year . An allowance has been made for the use of methanol in the new denitrification fa.
cilities . The methanol is estimated to cost about $700 ,000 per year. There is no current
proposal to increase staff levels at the plant even though the facilities have increased al-
most 30% and the new denitrification facilities have been added . At this time staff is
hopeful that the new computerized management and operating systems will allow per•
sonnel levels to remain constant. Nevenheless , if problems arise that are not anticipated
at this time , additions to staff could be required in subsequent years.
Th e cash flow shows that 8% increases are needed in 2009, 2010 and 201 I to maintain an
unencumbered balance of $3 ,564 ,398 by the end of 201 I. An additional $6,250 ,000
would become unencumbered if and when the debt coverage reaches a ratio of I . I 0. This
means that revenues minus operation and maintenance expenses are 1.10 times the debt
service payments. In 2003 there were adequate funds in reserve to establish the
$6 ,250 ,000 reserve and thereby obtain bond money to build the project. By establishing
the reserve , the fund did not have to meet the coverage requirement of 1.10. Howeve ,
when that coverage requirement is met , the rese rve fund can be used by th e Utility Fund
as un encu mbered balance .
It should also be noted that in 20 10 debt service requirement s increa se from $3 ,042 ,96 1
lo $5 ,222,224 . On the previous bond issue principal only payments were made until
2008 in order to minimize the rate incre as es required for the last fi ve years. The increase
shown for the next three years cov~rs the increase in required bond payments .
If the increases of8% are approved for 2009 , 20 10 and 20 1 I , the cash flow shows that
inc reases of 11 % in 2012 and 2013 wou ld bring th e debt service coverage lo above 1.10
by 013 .
To meet the new ammonia regulations, an alternate disinfection system will be required
lo be on line by 201 1. Discussions with the Colorado Health Department personnel indi -
cate that the department will approve a compliance schedule that will extend the deadline
to the end of 2014 . This has been formally requested in the plant's permit application .
The cash flow shows additional debt service in 2012 to complete the project by 2014. It
should be noted, however, that the borrowing may not be necessary since the coverage
factor is shown to exceed 1.10 in 2013. How to finance the alterna te disinfection project
can therefore be decided in 20 I I.
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Budget 2008 10/16/2008 8:35 AM
'°""'"r..-r....,,......,.,.._1 : I ±==!
THIS MODEL REMOVES CONTI NGENCIES. IT IS NOT INTENDED TO BE SUBMITTED AS OUR ACTU AL BU DGET REQUEST.
fil!.f-'t_v;r;,
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NO CONTINGENCY MODEL SEWER FUND
• Sewage Treatment Charges
Ouarterlv
Year Overall Rate Increase in Total Single
Adjustment Single Family Family Quarterly
Ouarterlv Bill Bill
2008 $43.46
2009 8% $3.48 $46.94
2010 8% $3.75 $50.69
2011 8% $4.06 I $54.75
2012 0% $0.00 $54.75
Annual
Year Overall Rate Increase in Total Single
Adjustment Single Family Family Annual • Annual Bill
2008 $160.81
2009 8% $12.86 $173.67
2010 8% $13.90 $187.57
2011 8% $15.00 $202.57
2012 0% $0.00 $202.57
Based on an average win ter quarterly consumption of 18 ,000 gallons .
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