Body
Department City Manager’s Office
Reference: AN ORDINANCE OF THE CITY OF BRIGHTON, COLORADO, AMENDING SECTION 13-4-140 OF THE BRIGHTON MUNICIPAL CODE REGARDING WATER SERVICE ALONG BRIGHTON ROAD BETWEEN 120TH AND 128TH AVENUES
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Marv Falconburg, Acting City Manager
Prepared By: Michael Woodruff, Director of Infrastructure
Date Prepared: July 25, 2019
PURPOSE
Provide background information regarding a proposed Ordinance to provide water service outside of City limits.
STRATEGIC FOCUS AREAS
Supportive, Sustainable Infrastructure
BACKGROUND
Pursuant to a 1997 settlement agreement, as amended in 2010, a water distribution line was conveyed to the City of Brighton, Colorado, by the South Adams County Water and Sanitation District in order to provide water service to certain qualifying homes in Brighton’s growth and planning area north of 120th Avenue in the Henderson, Colorado, area due to groundwater quality issues.
This distribution line is an 8-inch City water line running from 120th Avenue to 128th Avenue along Brighton Road. (Map Attached)
Brighton City Code currently prohibits the provision of new water service outside city limits. City Code Section 13-4-140 prohibiting such service was part of a 1998 amendment to Chapter 13 regarding water and wastewater fees and charges related to the financial stability of water and wastewater funds.
Staff has investigated the potential impacts of providing such service and determined that the existing distribution system and line could accommodate additional customers at the discretion of City Council.
In addition, staff consulted with Community Development Department staff in regards to compliance with the City’s Comprehensive Plan’s Future Land Use map. Community Development has no issue at this time with the servicing of the proposed area as long as an access and utility easement’s are provided at a minimum.
The proposed amendment to Section 13-4-140 of the Brighton Municipal Code would be amended to allow for the following:
No new service outside the City limits will be provided, with the exception of the 8-inch City water line running from 120th Avenue to 128th Avenue along Brighton Road located in Henderson, Colorado (“120 th -128 th Brighton Road 8-Inch Line”). Water service to the 120 th -128 th Brighton Road 8-Inch Line may, at the sole discretion and approval of City Council with such approval by resolution, be provided by the City under the following conditions:
1. The rate charged for metered water shall be the same as the rate that would be charged for an in-city water customer.
2. Payment of any fees or other charges or water dedication shall be required that would normally be charged or required for property to be provided water service within the City.
3. Upon request by the City, the property owner shall submit a petition for annexation at such time as the served property becomes eligible for annexation to the City in accordance with Colorado law.
4. A property may only be served if adjacent to or nearby the 120th-128th Brighton Road 8-Inch Line and if such service can be provided in a manner that is consistent with the City’s standards and specifications for utility service.
5. City Council may impose additional conditions as it deems necessary and/or appropriate.
6. All conditions and obligations imposed by the City for water service shall be binding on future property owners, successors, and assigns, and shall be recorded with the Clerk and Recorder of Adams County, Colorado, at property owner’s expense.
FINANCIAL IMPACT
Additional revenues would be realized through required fees and water useage.
STAFF RECOMMENDATION
Again, the staff investigation determined that the existing distribution line can provide adequate and safe drinking water service to the described area and recommends approval of the amended Ordinance as presented.
ATTACHMENTS
Proposed Service Area Map
Ordinance