Proposed Ordinance Changes

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                                                         CITY OF NORTH LAS VEGAS
                                                             UTILITIES DEPARTMENT
                                                         Ordinance Nos. 3076 and 3077

Proposed changes to Title 13.04

Proposed changes to Title 13.24

AMENDMENTS TO THE CITY OF NORTH LAS VEGAS MUNICIPAL CODE AMENDING CHAPTER 13.04 AND 13.24 OF THE NORTH LAS VEGAS MUNICIPAL CODE TO MAKE VARIOUS CHANGES RELATIVE TO DEFINITIONS AND FEES, AND PROVIDE FOR OTHER MATTERS PROPERLY RELATED THERETO.

Description of the Proposed Ordinances:

The City of North Las Vegas (City) has proposed amendments to the City’s Municipal Code, Title 13, Chapter 13.04 and 13.24 that establish a new “Apex Water Connection Fee” to any new or existing water customer that will benefit and receive service from the Apex Industrial Park water system and updates other fees in accordance with previous actions or to reflect current standard rates.

Planning, design, and construction of water backbone infrastructure for the Apex Industrial Park was initiated in April 2018 with the approval of a water oversizing agreement to oversize a developer-funded project to construct an 8-inch water system to serve two sub-parks in the industrial park.  The City desired to increase capacity to provide for development of all of the Apex Industrial Park.  The total estimated cost of the oversized project is $65.9 million with the developer contributing an estimated $11.7 million toward the project.  The City’s costs are estimated at $54.2 million plus another $5 million to extend power to the pumping stations and storage reservoirs for a total of $59.2 million. The oversized water project consists of an estimated 19,400 linear feet of 36-inch water line, 39,200 linear feet of 24-inch water line, three pumping stations, and three reservoirs. 

The “Apex Water Connection Fee” will be $1,365 per equivalent development unit (EDU) based on the total water demand as calculated pursuant to City development standards in addition to all other fees.  The cost recovery fee is due and payable at the same time the water connection permit is issued or in accordance with payment terms approved by the Director to coincide with the filing of a lien against the property for the balance of the fee.  The fee was calculated as follows:

CNLV Industrial Demand Factors

Average Day Demand (gallons per min/acre)

1.1

Maximum Day Demand (gallons per min/acre)

1.5

Peak Hour Demand (gallons per min/acre)

2.3

 

 

 

 

Project water demands: 

Average Day Demand (million gallons per day)

11.92

Maximum Day Demand (million gallons per day)

16.25

Peak Hour Demand (million gallons per day)

24.92

 
Total EDU’s are calculated as follows:

Total EDU = water demand in million gallons per day * 360 days * 1,000,000 gallons/million gallons                      90,000 gallons per year for one EDU

Estimated total ERU’s for Apex = 47,680 EDU’s
Total City investment = $59.2 million
Basic connection fee = $1,241 per EDU     
Administrative Fee (10%) = $124 per EDU

Total Connection Fee = $1,365 per EDU


In addition to the change pertaining to the Apex Water Connection Fee, the charges for water meters and components in North Las Vegas Municipal Code (NLVMC) 13.04.030(A)(1) have been revised to actual cost plus 15% rather than charges ranging from $175.00 for the ¾” size to actual cost plus $125.00 per register for 2” or greater size. 

The water construction charges in NLVMC 13.04.030(D) have been updated to reflect assessments of $17.00 per lineal foot of frontage for pipes with less an 8” diameter up to $90.00 per lineal foot of frontage for pipes with a diameter of 20”. Previously, the provision provided that water construction charges would be based on a minimum of $18.00 per lineal foot of property frontage. Similarly, the wastewater main construction fees have been updated in NLVMC 13.24.070(B) so that the fees will be based on the diameter of the main per lineal foot of property frontage (assessments range from $17.00/lineal foot for a pipe a with a diameter less than 8” up to $90.00/lineal foot for a pipe with a diameter of 20”) rather than a fee of $20.00 per lineal foot of property frontage. 

Further changes in the proposed ordinances include the following:
             References to Southern Nevada Water Authority regional charges have been updated;
             Revised language for code violations; and
             Updated hydrant and mobile meter guidelines.

For your reference you may obtain copies of proposed Ordinance Nos. 3076 and 3077 at the following website: http://www.cityofnorthlasvegas.com/departments/utilities/util_prop_ord_chgs.php

Intent of the Proposed Ordinances:  

The intent of the proposed ordinances is to ensure there is adequate water in the Apex Industrial Park water system to accommodate future development and investments in the area without burdening existing customers with the cost of the water system projects serving Apex Industrial Park and to update other water-related fees and regulations to reflect current standards.  

Business Impact Statement

A Business Impact Statement must be prepared to evaluate the effect of increased rates and charges on businesses. The City of North Las Vegas will consider the Business Impact Statement at its regular meeting on May 5, 2021. It is anticipated that the City of North Las Vegas City Council will hear public comments on June 2, 2021 to consider approval of the amended ordinances and new fees.

Purpose of Notice

This Notice is to publicly notify potentially affected businesses in order to conform to the requirements of NRS 237.030 – 237.110, “Adoption of Rules Affecting Businesses”. With this in mind, there are two questions for potentially affected businesses to consider:

  1. Do the proposed charges impose a direct and significant economic burden upon your business? If you believe these changes do, please be specific as to why a particular charge imposes such a burden.
  2. Do the proposed charges restrict the formation, operation, or expansion of your business? If you believe these changes do, please be specific as to how and why a particular charge imposes such a burden.

Response

Please review and evaluate how these changes will affect your business in light of the two questions listed. If your business is in the City of North Las Vegas or unincorporated Clark County as served by the City of North Las Vegas, and you believe that the proposed amendments will burden or restrict your business, you must provide a written response to the City of North Las Vegas Utilities Department no later than 12:00 p.m., April 14, 2021. 

You may provide your written response via the following options: 

            Via mail:
            City of North Las Vegas Utilities Department
            Attention: Amanda Dillard
            2250 Las Vegas Blvd. N., Ste. 250 
            North Las Vegas, NV 89030

            Via fax:
            (702) 649-2594

            Via email:
            Dillarda@cityofnorthlasvegas.com

Published in Las Vegas Review Journal:       March 24, 2021
                                                                       March 28, 2021