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14.C.
City Council Meeting - FINAL
Meeting Date:
09/04/2018
From:
Sterling Solomon, City Attorney

Information

TITLE:

Consideration and Adoption of Ordinance/Resolution No. 2018-34:  An ordinance amending the Flagstaff City Code Sections 7-02-001-0001 Division Created, and 7-02-001-0024 Public Reclaimed Water Pipeline Extension and Conversion Policy for Reusers. (An Ordinance retracting the authority to execute certain reclaimed water agreements back to City Council)

STAFF RECOMMENDED ACTION:

At the September 4 Council Meeting:
1) Read Ordinance No. 2018-34 by title only for the first time
2) City Clerk reads Ordinance No. 2018-34 by title only (if approved above)
At the September 18 Council Meeting:
3) Read Ordinance No. 2018-34 by title only for the final time
4) City Clerk reads Ordinance No. 2018-34 by title only (if approved above)
5) Adopt Ordinance No. 2018-34

Executive Summary:

In July 2002, City Council adopted Ordinance No. 2002-07 that amended Title 7 of the City of Flagstaff Water and Wastewater Code in numerous ways. The Ordinance created three (3) new types of reclaimed water-related agreements between the City and end users; Reclaimed Water Agreements, Reimbursement Agreements, and Conversion Agreements. Additionally, the Ordinance established who had the authority to enter into each agreement and updated City Code language to be in compliance with a recent change in State law. In February 2001, the Arizona Department of Environmental Quality (ADEQ) updated their Reclaimed Water Rules. Among the many changes was the creation of a Reclaimed Water General Permit (Type 3) that is held by the City as the permitee. The change in law also created a requirement for a City to maintain a contractual agreement with each reclaimed water end user (aka Reclaimed Water Agreement). The City was issued its first Reclaimed Water Permit from ADEQ on June 5, 2002, with the permitee as the Utilities Director.

Councilmember Putzova presented a Future Agenda Item Request on November 7, 2017, which received the requisite support of Council to advance the item on the Working Calendar. At the March 27, 2018 Work Session four or more members of Council supported consideration of a potential ordinance to retract the authority to execute certain reclaimed water agreements back to City Council.

The attached ordinance offers two options:
  1. City Council retracts the authority to execute all reclaimed water agreements entered by the City;
  2. City Council retracts limited authority to execute only those reclaimed water agreements in which the annual reclaimed water amount delivered will be 2,000,000 gallons or more.

At the Council Meeting September 4, City Council may choose either option 1 or 2 and proceed with the first reading of the ordinance or do no first reading.

Financial Impact:

None.

Policy Impact:

None.

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:

The City Council has set a water conservation goal to become a national leader in water conservation in all sectors.

Has There Been Previous Council Decision on This:

City Council delegated the authority to execute reclaimed water agreements in 2002.

Attachments