HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/19/2021 - ITEMS RELATING TO VARIOUS ROUTINE AMENDMENTS TO CI Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY January 19, 2021
City Council
STAFF
Andrew Gingerich, Civil Engineer
Judy Schmidt, Legal
SUBJECT
Items Relating to Various Routine Amendments to City Code Chapter 26 Pertaining to Utility Services.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 004, 2021, Amending Chapter 26 of the Code of the City of Fort Collins
to Make Various Updates Regarding the Wastewater Utility.
B. Second Reading of Ordinance No. 005, 2021, Amending Chapter 26 of the Code of the City of Fort Collins
to Clarify Water and Sewer Plant Investment Fees.
C. Second Reading of Ordinance No. 006, 2021, Amending Chapter 26 of the Code of the City of Fort Collins
to Update Provisions Regarding the City’s Utility Enterprise Boards.
D. Second Reading of Ordinance No. 016, 2021, Amending Chapter 26 of the Code of the City of Fort Collins
to Clarify Utilities' Right of Entry into Buildings and onto Premises to Access Utilities Equipment, Facilities,
and Appurtenances for Utilities Purposes.
These Ordinances, unanimously adopted on First Reading on January 5, 2021, adopt a variety of revisions,
clarifications, and additions to update portions of City Code Chapter 26 pertaining to Utility Services.
Ordinance No. 016, 2021 further explains and put bounds on the right of entry in the City Charter (Art. XII, Sec.
2), which states:
The directors and employees of city-owned utilities shall have authority in the necessary discharge of
their duties to enter upon any lands, properties or premis es, within or without the city limits, for the
examination or survey thereof, or for the purpose of repairing, inspecting, removing, or connecting
the service, reading meters, or any other purpose whatever in connection with the water, wastewater,
electric, and other utilities.
Various aspects of Sections 26-22, 26-98, 26-99, 26-219, 26-399, and 26-577 have been clarified and modified
to more clearly articulate Fort Collins Utilities’ (“Utilities”) right of entry and the corresponding rights of
customers and the owners/occupants of such buildings and premises. Language has also been added to
allow for procedures for disputes to be resolved by the Municipal Court when necessary and to allow the
Utilities Executive Director to petition the Municipal Court to secure the right to enter specific buildings and
premises for Utilities purposes as described in Section 26-22.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
Agenda Item 4
Item # 4 Page 2
ATTACHMENTS
1. First Reading Agenda Item Summaries, January 5, 2021 (w/o attachments) (PDF)
2. Ordinance No. 004, 2021 (PDF)
3. Ordinance No. 005, 2021 (PDF)
4. Ordinance No. 006, 2021 (PDF)
5. Ordinance No. 016, 2021 (PDF)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY January 5, 2021
City Council
STAFF
Andrew Gingerich, Civil Engineer
Judy Schmidt, Legal
SUBJECT
Items Relating to Various Routine Amendments to City Code Chapter 26 Pertaining to Utility Services.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 004, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to
Make Various Updates Regarding the Wastewater Utility.
B. First Reading of Ordinance No. 005, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to
Clarify Water and Sewer Plant Investment Fees.
C. First Reading of Ordinance No. 006, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to
Update Provisions Regarding the City’s Utility Enterprise Boards.
The purpose of this item is to adopt a variety of revisions, clarifications, and additions to update portions of City
Code Chapter 26 pertaining to Utility Services.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Item A: Various updates regarding the wastewater utility.
The purpose of this item is to make various updates regarding the wastewater utility and more specifically items
related to pretreatment. The Wastewater Utility provides wastewater service to customers in its service area
and also accepts waste disposal from septic tanks, vaults, privies, and portable toilets. Wastewater Utility staff
has reviewed relevant portions of City Code to update them to be consistent with current operations of the
Wastewater Utility and best management practices and has prepared proposed changes to City Code.
Wastewater Utility staff worked with the U.S. Environmental Protection Agency to receive all necessary approvals
for the proposed changes to the City Code.
A summary of the changes is the following;
● Consolidate the cost to dispose waste at the transfer station to $0.09 per gallon instead of $0.074 for waste
generated in Larimer County and $0.113 per gallon for waste generated outside Larimer County.
● Clarification of language on prohibitive discharge standards to allow for certain wastes if controlled by
pretreatment standards and requirements.
● Clarification of language for grease, oil, or sand interceptors to state that they are not provided by City of
Fort Collins Utilities and are to be installed and maintained by the facility owners of which they are required.
ATTACHMENT 1
Agenda Item 7
Item # 7 Page 2
● Removed language from discharge limitations on silver from photograph and x-ray development as this
discharge is no longer found due to digital photography.
● Clarification of language on discharge limitations to address changes to the use of mercury in dental
facilities.
Item B: Clarify Water and Sewer Plant Investment Fees.
The purpose of this item is to clarify and add language to the Water and Wastewater plant investment fees
(WPIFSs and SPIFS) sections of City Code to acknowledge the potential for the nature or quantity of the use of
water to change when users of City Water and Wastewater increase their annual allotment by meeting an
additional Water Supply Requirement pursuant to City Code Section 26-149. City Code currently does not
expressly state that increases in a water users’ annual allotments are changes that may require additional WPIFs
and SPIFs, although this has been the meaning and intent of these sections of City Code.
Item C: Amending City Code Language regarding the Utility Enterprises.
The purpose of this item is to update provisions of City Code Chapter 26 regarding the four utility enterprise
boards to explicitly name the roles of Council members on the board of each Utility Enterprise (Water,
Wastewater, Stormwater and Electric) and clarify the call and timing of enterprise board meetings. Historically,
Council acting ex officio as the board of each enterprise has interpreted and implemented the City Code
provisions for each enterprise by the Mayor acting as the president, the Mayor Pro Tem acting as the vice
president, the Financial Officer acting as the treasurer, and the City Clerk acting as the secretary for each of the
enterprise boards. Additionally, Council acting ex officio as the board of each enterprise has historically
interpreted and implemented the Code provisions for each enterprise calling for meetings concurrently with
regular or special meetings of Council by noticing and holding enterprise board meetings on the same date and
immediately following a regular or special meeting of Council.
In response to repeated citizen objections to the manner in which Council, acting ex officio as the board of each
enterprise, has historically interpreted and implemented these Code provisions, the proposed language clarifies
and confirms, by amending the relevant City Code provisions to expressly state that the officers of each
enterprise are the City’s Mayor (as board president), Mayor Pro Tem (as board vice-president), Financial Officer
(as board treasurer) and City Clerk (as board secretary), and that such officers have the same authority to
execute the enterprise’s ordinances, debt obligations and other instruments as they have when acting in their
City offices under applicable law. The proposed changes also clarify the call and timing of enterprise board
meetings.
CITY FINANCIAL IMPACTS
The Code changes proposed above will have no direct financial impact to the City and any incidental impacts
are not anticipated to occur often or result in significant lost revenue.
BOARD / COMMISSION RECOMMENDATION
Items A and B: Fort Collins Utilities Water Board voted unanimously on October 15, 2020. (Attachment 1)
Items C: Fort Collins Utilities Energy Board voted unanimously on November 12, 2020. (Attachment 2)
PUBLIC OUTREACH
Staff has not done any public outreach as it was determined that the revisions were of a technical nature and
would not adversely affect customers.
Agenda Item 7
Item # 7 Page 3
ATTACHMENTS
1. Water Board Minutes, October 15, 2020 (PDF)
2. Energy Board Minutes, November 12, 2020 (PDF)
Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY January 5, 2021
City Council
STAFF
Andrew Gingerich, Civil Engineer
Eric Potyondy, Legal
SUBJECT
First Reading of Ordinance No. 016, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to
Clarify Utilities' Right of Entry into Buildings and onto Premises to Access Utilities Equipment, Facilities, and
Appurtenances for Utilities Purposes.
EXECUTIVE SUMMARY
The purpose of this item is to adopt a variety of revisions, clarifications, and additions to update portions of City
Code Chapter 26 pertaining to Utility Services. More specifically, the purpose of this item is to further explain
and put bounds on the right of entry in the City Charter (Art. XII, Sec. 2), which states:
The directors and employees of city-owned utilities shall have authority in the necessary discharge of
their duties to enter upon any lands, properties or premises, within or without the city limits, for the
examination or survey thereof, or for the purpose of repairing, inspecting, removing, or connecting the
service, reading meters, or any other purpose whatever in connection with the water, wastewater,
electric, and other utilities.
Various aspects of Sections 26-22, 26-98, 26-99, 26-219, 26-399, and 26-577 have been clarified and modified
to more clearly articulate Fort Collins Utilities’ (“Utilities”) right of entry and the corresponding rights of customers
and the owners/occupants of such buildings and premises. Language has also been added to allow for
procedures for disputes to be resolved by the Municipal Court when necessary and to allow the Utilities Executive
Director to petition the Municipal Court to secure the right to enter specific buildings and premises for Utilities
purposes as described in Section 26-22.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Consistent with the right of entry in the Charter, City Code has historically had various sections (now in Chapter
26 of City Code) confirming and providing greater details on the right of entry into buildings and premises for the
Utilities purposes, including: supplying a utility service; examinations or surveys related to a service; and
inspections, installations, maintenance, repair, and replacement of equipment, facilities, and appurtenances.
Entry into lands, buildings and premises has occurred and continues to occur by employees of Utilities to properly
maintain, inspect, and replace infrastructure that is critical to providing service as well as metering use for
purposes of accurate billing.
In most cases, Utilities employees schedule appointments, provide notice and take appropriate actions per City
Code to coordinate access to buildings and premises necessary to the discharge of their duties. In rare
instances, authorized Utilities employees take the appropriate steps and notification process to gain access and
are denied by the owner or other persons that have charge or control of the building or premise. COPY
Agenda Item 19
Item # 19 Page 2
These challenging situations prompted Utilities staff to seek clarification and additional language regarding the
right of entry, which is intended to better articulate the rights of Utilities and their customers. This inquiry
prompted a complete review of the right of entry in City Code, and resulted in the various revisions, clarifications,
and additions included in the Ordinance.
To address the more difficult situations where access is denied to Utilities employees, the Ordinance authorizes
the Utilities Executive Director to petition the Municipal Court for an order, injunction, or inspection warrant. This
clarification and the additional language are meant to protect Utilities and their customers and ensure that
authorized Utilities employees are pursuing every legal remedy necessary to obtain access. This language also
clarifies the rights of the land and premise owner to provide a process and venue to resolve any issues or
disagreements for allowing access.
Additionally, the Ordinance clarifies and adds additional language to allow authorized Utilities employees to seek
permission from a property owner or appropriate representative to permit Utilities to trim the limbs and branches
of trees, shrubs, or other vegetation to avoid interference with utilities equipment, facilities, and appurtenances,
or to allow access to the utilities, equipment, facilities, and appurtenances on said owner’s premises or in the
public right of way.
Approximately 25,000 water meters owned by Utilities exist inside of residences, businesses and other premises.
Four thousand Light and Power meters and other equipment also exist upon or within private premises and/or
buildings. Approximately 117 miles of Wastewater Collection system and 2,000 Manhole structures also exist
within easements on private premises and most commonly within fenced backyards. The above infrastructure
is maintained both preventatively and correctively on a routine basis which requires access by authorized Utilities
employees. Failure to gain access can negatively impact the normal operation of this infrastructure and the
ability to serve the owner of the premise with utility service. Denied access resulting in deferred maintenance or
repairs could adversely impact City infrastructure causing failure or loss of service to one or many customers.
CITY FINANCIAL IMPACTS
The various proposed amendments to City Code will have no direct financial impact to the City or Utilities and
any incidental impacts are not anticipated to occur often or result in significant lost revenue. However, deferred
maintenance or inability to make timely repairs due to denied Right of Entry would cause additional expense to
both the Utility and Customers.
BOARD / COMMISSION RECOMMENDATION
The Water Board voted unanimously to recommend Council approve the proposed 2020 Utilities Fall Code
Updates on October 15, 2020. (Attachment 1)
The Energy Board voted unanimously to recommend Council approve the 2020 Utilities Fall Code Updates on
November 12, 2020. (Attachment 2)
PUBLIC OUTREACH
Staff has not done any further public outreach as it was determined that the revisions were of a technical nature
and would not adversely affect customers.
ATTACHMENTS
1. Water Board Minutes, October 15, 2020 (PDF)
2. Energy Board Minutes, November 12, 2020 (PDF)
3. Powerpoint Presentation (PDF) COPY
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ORDINANCE NO. 004, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO MAKE VARIOUS UPDATES REGARDING THE WASTEWATER UTILITY
WHEREAS, the City of Fort Collins owns and operates Fort Collins Utilities, which
includes a Wastewater Utility that provides wastewater service to customers in its service area
and also accepts for disposal the waste from septic tanks, vaults, privies, portable toilets; and
WHEREAS, Article IV of Chapter 26 of City Code pertains to the Wastewater Utility;
and
WHEREAS, Wastewater Utility staff has reviewed relevant portions of City Code in
order to update them to be consistent with current operations of the Wastewater Utility and best
management practices and has prepared proposed changes to City Code; and
WHEREAS, Wastewater Utility staff has worked with the U.S. Environmental Protection
Agency to receive all necessary approvals for the proposed changes to City Code; and
WHEREAS, the Water Board has reviewed the proposed changes to City Code and has
recommended their enactment; and
WHEREAS, City Council now desires to amend portions of Article IV of Chapter 26 of
the City Code accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-289 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-289. – Miscellaneous fees and charges.
The following is a schedule of miscellaneous fees and charges:
Description Basis Amount
(1) Connection fees and service charges Fees shall be set forth as in
Subsection 26-712(b)
(2) Industrial discharge permits:
a. Administration Annually $76.00
b. Surveillance (on request) Determined for each user
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annually, based on direct cost
plus 15% indirect costs, billed
monthly
(3) Laboratory support services (on
request)
Determined on a case-by-case
basis based on direct cost plus
15% indirect costs
(4) Materials and labor provided by City
(on request)
Determined on a case-by-case
basis based on direct cost plus
15% indirect costs
(5) Charges for disposal at the Fort Collins Regional Sanitary Waste Transfer Station:
a. Septic tanks, vaults, privies,
portable toilets: Per gallon $0.09
b. Recreational vehicle sanitary waste holding tanks:
1. Residential customers of the City
of Fort Collins Wastewater Utility
No charge for individual
disposal at Transfer Station
2. Others 1. Base fee, plus $2.46
2. Per gallon $0.074
(6) Interest for wastewater service-
related loans:
2.5% - 10% per annum; to be
set for new loans annually, with
the rate for new loans to be
based on factors set forth in §
26-720(b) and as provided in
the administrative rules and
regulations adopted by the
Financial Officer pursuant to §
26-720
(7) Loan-related fees for wastewater
service-related loans
To be set based on related
program costs in the
administrative rules and
regulations of the Financial
Officer pursuant to § 26-720
(8) Miscellaneous fees
Determined on a case-by-case
basis based on direct costs plus
15% indirect costs
Section 3. That Section 26-332 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-332. - Prohibitive discharge standards.
-3-
No user whether or not subject to pretreatment standards or requirements shall contribute or
cause to be contributed directly or indirectly any pollutant or wastewater that may interfere with
the operation or performance of the wastewater utility or pass through the treatment system
untreated or any pollutant or wastewater that is prohibited by the national prohibitive discharge
standards. Without limiting the acts or discharge that may constitute a violation of this Section, a
user shall not contribute any of the following wastewater, substances, materials or wastes into the
utility's wastewater system:
(1) Any liquids, solids, or gases which by reason or other nature or quantity are or may
be sufficient, either alone or by interaction with other substances, to cause fire or
explosion or be injurious in any other way to the wastewater system or to the operation of
the wastewater system or utility. At no time shall two (2) successive readings on any
explosion hazard meter, at the point of discharge into the system, be more than five (5)
percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of
the meter. Prohibited materials include gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides, sulfides, waste streams with a closed cup flash point of less than one hundred
forty (140) degrees Fahrenheit or sixty (60) degrees Celsius, as determined using the test
methods specified in 40 C.F.R. § 261.21, and any other substance which the City, the
State or EPA has notified the user is a fire hazard or a hazard to the system;
(2) Any solid or viscous substance which could cause an obstruction to flow in the
sewers or in any way could interfere with the treatment process, including ashes, cinders,
sand, mud, tars, gas, cement, plaster, stone or marble dust, asphalt residues, spent lime,
wax, paraffin, paint, wood, sawdust, or shavings, straw, grass clippings, wastepaper,
plastics, metals, glass, rags, paunch manure, animal bones, hooves or toenails, hides, hair
or bristles, fat, fleshings or entrails, poultry heads, feet or feathers, whole blood, grinding
or polishing compounds, food processing bulk solids, residues from refining or
processing of fuel or lubricating oil, and all other like solid materials, objects, refuse and
debris;
. . .
Section 4. That Section 26-339 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-339. - Interceptors.
(a) Grease, oil or sand interceptors or other pretreatment facilities shall be installed
and maintained by laundries, restaurants, service stations, auto repair shops, car washes
and other nonresidential facilities when, in the opinion of the Utilities Executive Director,
they are necessary for the proper handling of liquid wastes containing FOG in excessive
amounts, any flammable wastes, acid or alkaline substances, sand, or other harmful
ingredients.
. . .
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Section 5. That Section 26-340 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-340. - Discharge limitations.
. . .
(c) Volatile organic compounds . Organic compounds that may cause or result in toxic fumes
or vapors in the wastewater collection system are limited to a maximum concentration in
discharges of wastewater calculated by the formula:
Maximum Concentration in mg/l = (TLV/TWA)/HLC
Where:
TLV/TWA =
The compound's Threshold Level
Value/Time-Weighted Average in
mg/m3 as listed in the American
Conference of Governmental Industrial
Hygienists' Guide to Occupational
Exposure Values-1992, or latest edition
HLC =
The compound's Henry's Law Constant
in (mg/m3)/mg/l)
(d) Mercury from dental facilities. No dental facility shall discharge wastewater generated
from the placement or removal of dental amalgam containing mercury unless said dental facility
has installed the equipment described in, and conducts its operations in accordance with, the
following best management practices:
(1) Dental facilities shall minimize the discharge of amalgam containing wastewater
by utilizing at a minimum, chair-side traps, screens, and vacuum pump filters.
(2) Cleaning of equipment that comes in contact with amalgam shall be conducted in
a manner reasonably expected to minimize the discharge of wastewater. Equipment shall
be maintained in accordance with manufacturer’s recommendations to ensure continued
effective operation.
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(3) All wastewater generated from the placement or removal of dental amalgam or
the cleaning of amalgam traps or filters shall be discharged through an amalgam
separator that:
a. Has been ISO 11143 certified;
b. Has been installed, and is operated, maintained, and inspected
according to the manufacturer's specifications; and
c. Achieves a minimum mercury removal efficiency of ninety-five
(95) percent.
(4) Cleaners that contain chlorine bleach, chlorine, iodine, peroxide or any other
oxidizing or corrosive compounds that mobilize mercury shall not be used in any waste
lines or drains connected to the amalgam separator. Cleaners must have a pH of greater
than 6 but less than 8.
(5) All dental amalgam wastes shall be stored in structurally sound, tightly closed and
appropriately labeled containers.
(6) All dental amalgam waste shall be transferred to an offsite recycling facility for
recycling of mercury or shall be managed and disposed of in accordance with applicable
federal, state and local hazardous waste laws and regulations.
(7) The following documentation shall be established and maintained for no less than
three (3) years in a location and manner so as to permit review by the City upon request:
a. The manufacturer and model of any amalgam separator in use;
b. The date of installation of any amalgam separator in use;
c. The dates that amalgam retaining containers were replaced;
d. The dates and person(s) conducting inspections and results of inspections;
e. The name and address of the facility to which any waste amalgam is
shipped;
f. The date and amount of any waste amalgam shipped;
g. Documentation of any maintenance performed on any amalgam separator;
h. The manufacturer’s operating manual for the amalgam separator installed;
and
i. Documentation related to self-certification.
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(9) The Initial Compliance Report shall be kept for the life of the practice, or until a
transfer in ownership and shall be made available for review upon request.
(10) The Utilities Executive Director may request that any user operating a dental
facility provide such information regarding installation and operation of equipment, or
the purchase, use, storage, recycling or disposal of dental amalgam as the Utilities
Executive Director determines to be reasonably necessary to determine compliance with
the requirements of this Subsection 26-340(d) and applicable federal regulations,
including 40 CFR 441, and any such user shall provide said requested information in
accordance with the terms of the Utilities Executive Director's request.
(e) Best management practices. The Utilities Executive Director may impose such additional
schedules of activities, prohibitions of practices, maintenance procedures, and other management
practices as he or she determines to be necessary to implement the prohibitions listed in 40
C.F.R. § 403.5(a)(1) and (b) and § 26-332 of this Article, such as treatment requirements,
operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw materials storage. Such best management practices shall be
considered local limits and are pretreatment standards for the purposes of 40 C.F.R. 403.5 and
Section 307(d) of the act.
(f) No user shall increase the use of process water or in any way attempt to dilute a discharge
as a partial or complete substitute for adequate treatment to achieve compliance with any
applicable limitations set by this Article.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021.
____________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-1-
ORDINANCE NO. 005, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT
COLLINS TO CLARIFY WATER AND SEWER PLANT INVESTMENT FEES
WHEREAS, the City owns and operates Fort Collins Utilities, which includes a Water
Utility and a Wastewater Utility; and
WHEREAS, City Code Sections 26-120 provides for water plant investment fees
(“WPIFs”) and subsection (c) states that no user of City water shall make any changes or
additions to the property served that would significantly affect the nature or quantity of the use of
water without first obtaining a new water service permit from the utility; and
WHEREAS, there is the potential for the nature or quantity of the use of water to be
changed when users of City water increase their annual allotment by meeting an additional Water
Supply Requirement pursuant to City Code Section 26-149(g) and related sections of City Code,
which results in the issuance of a new water service permit; and
WHEREAS, City Code Sections 26-283 provides for sewer plant investment fees
(“SPIFs”) and subsection (c) states that no wastewater utility user shall make any changes or
additions to the property served or operations at the property that would significantly affect the
nature or quantity of the wastewater discharged and/or cause a change in the category of use
without first obtaining the approval of the Utilities Executive Director and paying a SPIF based
on the altered service; and
WHEREAS, there is the potential for the nature or quantity of the wastewater discharged
and/or cause a change in the category of use to be significantly affected when wastewater utility
users increase the annual allotment by meeting an additional Water Supply Requirement
pursuant to City Code Section 26-149(g) and related sections of City Code for water service
permits associated with the wastewater service; and
WHEREAS, City Code historically has not expressly stated that increases in a water
users’ annual allotments are changes that may require additional WPIFs and SPIFs, although this
has been the meaning and intent of the above sections of City Code; and
WHEREAS, the City Manager and City staff have also recommended to the City Council
that City Code be clarified in this respect; and
WHEREAS, the Water Board considered the proposed clarification to City Code at its
meeting on October 15, 2020, and recommended approval of the proposed adjustments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
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Section 2. That Section 26-120 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-120. Water plant investment fees.
…
(c) No user of City water shall make any changes or additions to the property served
that would significantly affect the nature or quantity of the use of water without
first obtaining a new water service permit from the utility and paying the WPIF
based on the new use. Such changes include without limitation the resumption of
service by replacement of an abandoned service line, an increase in the size of the
water meter, an increase in the number of dwelling units or the lot area to be
served, an increase of the annual allotment, and a change from residential to
nonresidential use.
…
Section 3. That Section 26-283 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-283. - Sewer plant investment fees (SPIF); basis.
…
(c) No wastewater utility user shall make any changes or additions to the property
served or operations at the property that would significantly affect the nature or
quantity of the wastewater discharged and/or cause a change in the category of
use without first obtaining the approval of the Utilities Executive Director and
paying a SPIF based on the altered service. Such changes include without
limitation the replacement of an abandoned service line, an increase in the water
or sewer tap size, an increase in the number of dwelling units, a change from
residential use to nonresidential use, an increase of the annual allotment for a
water service permit associated with the wastewater service, or a modification of
production by a nonresidential user.
…
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Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-1-
ORDINANCE NO. 006, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO UPDATE PROVISIONS REGARDING THE CITY’S UTILITY ENTERPRISE BOARDS
WHEREAS, City Code Sections 26-43(a), 26-209(a), 26-392(a), and 26-493(a) each
provide that the City’s water, wastewater, electric, and stormwater utilities, respectively,
constitute an enterprise of the City and authorize the City Council, acting ex officio as the board
of each enterprise, to issue revenue bonds or other obligations (including refunding securities)
payable solely from the net revenues derived from the enterprise, and provide for each enterprise
board to adopt its ordinances issuing those bonds and other obligations in the same manner as
City Council adopts its ordinances; and
WHEREAS, the City Council, acting ex officio as the board of each enterprise, has
historically interpreted and implemented City Code Sections 26-43(a), 26-209(a), 26-392(a), and
26-493(a) by the Mayor acting as the president of each enterprise board, the Mayor Pro Tem
acting as the vice president of each enterprise board, the Financial Officer acting as the treasurer
of each enterprise board, and the City Clerk acting as the secretary of each enterprise board; and
WHEREAS, City Code Sections 26-43(c), 26-209(c), 26-392(c), and 26-493(c) authorize
each enterprise to exercise certain powers in furtherance of its purposes, including the power to
hold meetings concurrently with regular or special meetings of the City Council; and
WHEREAS, the City Council, acting ex officio as the board of each enterprise, has
historically interpreted and implemented City Code Sections 26-43(c), 26-209(c), 26-392(c), and
26-493(c) calling for meetings concurrently with regular or special meetings of the City Council
by noticing and holding enterprise board meetings on the same date and immediately following a
regular or special meeting of the City Council; and
WHEREAS, in response to repeated citizen objections to the manner in which the City
Council, acting ex officio as the board of each enterprise, has historically interpreted and
implemented these Code provisions, the City Council desires to clarify and confirm, by
amending City Code Sections 26-43(a), 26-209(a), 26-392(a), and 26-493(a) to expressly so
state, that the officers of each enterprise are the City’s Mayor (as board president), Mayor Pro
Tem (as board vice-president), Financial Officer (as board treasurer), and City Clerk (as board
secretary), and that such officers have the same authority to execute each enterprise’s ordinances,
debt obligations, and other instruments as they have when acting in their City offices under
applicable law; and
WHEREAS, the City Council also desires to amend City Code Sections 26-43(c), 26-
209(c), 26-392(c), and 26-493(c) to provide that enterprise board meetings may be held at any
time upon the provision of public notice as required for meetings of the City Council as part of a
regular or special Council meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
-2-
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-43 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-43. - Utility considered a City-owned enterprise.
(a) The utility shall constitute an enterprise of the City which may, by ordinance of the City
Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other
obligations (including refunding securities) on behalf of the City, which revenue bonds or other
obligations shall be payable solely from the net revenues (including special assessments) derived
from the operation of the enterprise. Such revenue bonds or other obligations may be
additionally secured by mortgages on or security interests in any real or personal property of the
City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or
other obligations shall be adopted in the same manner and shall be subject to referendum to the
same extent as ordinances of the City Council. The officers of the enterprise shall be the mayor
as president, the mayor pro tem as vice president, the financial officer as treasurer and the city
clerk as secretary. These officers shall have the same authority and duties with respect to the
enterprise as they have when acting as officers of the City, including without limitation, the
authority to sign the enterprise’s ordinances, resolutions, revenue bonds or other obligations, and
other instruments.
. . .
(c) The enterprise shall also be authorized to have and exercise the following powers in
furtherance of its purposes: to hold meetings upon the call of the mayor as president (or the
mayor pro tem as vice president in the case of incapacity or unavailability of the mayor) or the
City Manager, after public notice provided in the manner required for and as part of a regular or
special meeting of the City Council, to have and use a seal, to issue its revenue bonds for water
purposes in the manner in which City revenue bonds may be issued, to pledge any revenues of
the City's water system to the payment of such revenue bonds and to pay such revenue bonds
therefrom, to enter into contracts relating to the water system in the manner in which City
contracts may be entered into, to make representations, warranties and covenants relating to the
water system on behalf of the City, to exercise rights and privileges of the City relating to the
water system and to bind the City to perform any obligation relating to the water system other
than any multiple-fiscal year direct or indirect debt or other financial obligation of the City
without adequate present cash reserves pledged irrevocably and held for payments in all future
years.
. . .
Section 3. That Section 26-209 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-209. - Utility considered a City-owned enterprise.
-3-
(a) The utility shall constitute an enterprise of the City which may, by ordinance of the City
Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other
obligations (including refunding securities) on behalf of the City, which revenue bonds or other
obligations shall be payable solely from the net revenues (including special assessments) derived
from the operation of the enterprise. Such revenue bonds or other obligations may be
additionally secured by mortgages on or security interests in any real or personal property of the
City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or
other obligations shall be adopted in the same manner and shall be subject to referendum to the
same extent as ordinances of the City Council. The officers of the enterprise shall be the mayor
as president, the mayor pro tem as vice president, the financial officer as treasurer and the city
clerk as secretary. These officers shall have the same authority and duties with respect to the
enterprise as they have when acting as officers of the City, including without limitation, the
authority to sign the enterprise’s ordinances, resolutions, revenue bonds or other obligations, and
other instruments.
. . .
(c) The enterprise shall also be authorized to have and exercise the following powers in
furtherance of its purposes: to hold meetings upon the call of the mayor as president (or the
mayor pro tem as vice president in the case of incapacity or unavailability of the mayor) or the
City Manager, after public notice provided in the manner required for and as part of a regular or
special meeting of the City Council, to have and use a seal, to issue its revenue bonds for
wastewater purposes in the manner in which City revenue bonds may be issued, to pledge any
revenues of the City's wastewater system to the payment of such revenue bonds and to pay such
revenue bonds therefrom, to enter into contracts relating to the wastewater system in the manner
in which City contracts may be entered into, to make representations, warranties and covenants
relating to the wastewater system on behalf of the City, to exercise rights and privileges of the
City relating to the wastewater system and to bind the City to perform any obligation relating to
the wastewater system other than any multiple-fiscal year direct or indirect debt or other
financial obligation of the City without adequate present cash reserves pledged irrevocably and
held for payments in all future years.
. . .
Section 4. That Section 26-392 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-392. - Electric utility and telecommunication services division considered a
single city-owned enterprise.
(a) The electric utility, including the telecommunication services division, shall
constitute a single enterprise of the City, to be known as the electric utility enterprise,
which may, by ordinance of the City Council, acting ex officio as the board of such
enterprise, issue its own revenue bonds or other obligations (including refunding
securities) on behalf of the City, which revenue bonds or other obligations shall be
payable solely from the net revenues (including special assessments) derived from the
operation of the electric utility enterprise. Such revenue bonds or other obligations may
-4-
be additionally secured by mortgages on or security interests in any real or personal
property of the City used in the operation of the electric utility enterprise. The ordinance
issuing any such revenue bonds or approving any such other obligations shall be
adopted in the same manner and shall be subject to referendum to the same extent as
ordinances of the City Council. The officers of the enterprise shall be the mayor as
president, the mayor pro tem as vice president, the financial officer as treasurer and
the city clerk as secretary. These officers shall have the same authority and duties
with respect to the enterprise as they have when acting as officers of the City,
including without limitation, the authority to sign the enterprise’s ordinances,
resolutions, revenue bonds or other obligations, and other instruments.
. . .
(c) The electric utility enterprise shall also be authorized to have and exercise the
following powers in furtherance of its purposes: to hold meetings upon the call of the
mayor as president (or the mayor pro tem as vice president in the case of incapacity or
unavailability of the mayor) or the City Manager, after public notice provided in the
manner required for and as part of a regular or special meeting of the City Council; to
have and use a seal; to issue its revenue bonds for purposes related to the electric utility
enterprise, including the electric utility system and the telecommunication system, in the
manner in which City revenue bonds may be issued; to pledge any revenues of the
electric utility enterprise, including the City's electric utility and the telecommunication
services division to the payment of such revenue bonds and to pay such revenue bonds
therefrom; to enter into contracts relating to the electric utility and the telecommunication
services division in the manner in which City contracts may be entered into; to make
representations, warranties and covenants relating to the electric utility and the
telecommunication services division on behalf of the City; to exercise rights and
privileges of the City relating to the electric utility and the telecommunication services
division; and to bind the City to perform any obligation relating to the electric utility and
the telecommunication services division other than any multiple-fiscal year direct or
indirect debt or other financial obligation of the City without adequate present cash
reserves pledged irrevocably and held for payments in all future years.
. . .
Section 5. That Section 26-493 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-493. - Utility considered a City-owned enterprise.
(a) The utility shall constitute an enterprise of the City which may, by ordinance of the City
Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other
obligations (including refunding securities) on behalf of the City, which revenue bonds or other
obligations shall be payable solely from the net revenues (including special assessments) derived
from the operation of the enterprise. Such revenue bonds or other obligations may be
additionally secured by mortgages on or security interests in any real or personal property of the
City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or
-5-
other obligations shall be adopted in the same manner and shall be subject to referendum to the
same extent as ordinances of the City Council. The officers of the enterprise shall be the mayor
as president, the mayor pro tem as vice president, the financial officer as treasurer and the city
clerk as secretary. These officers shall have the same authority and duties with respect to the
enterprise as they have when acting as officers of the City, including without limitation, the
authority to sign the enterprise’s ordinances, resolutions, revenue bonds or other obligations,
and other instruments.
. . .
(c) The enterprise shall also be authorized to have and exercise the following powers in
furtherance of its purposes: (1) to hold meetings upon the call of the mayor as president (or the
mayor pro tem as vice president in the case of incapacity or unavailability of the mayor) or the
City Manager, after public notice provided in the manner required for and as part of a regular or
special meeting of the City Council; (2) to have and use a seal; (3) to issue its revenue bonds for
stormwater purposes in the manner in which the City revenue bonds may be issued; (4) to pledge
any revenues of the City's stormwater system to the payment of such revenue bonds and to pay
such revenue bonds therefrom; (5) to enter into contracts relating to the stormwater system in the
manner in which City contracts may be entered into; (6) to make representations, warranties and
covenants relating to the stormwater system on behalf of the City; (7) to exercise rights and
privileges of the City relating to the stormwater system; and (8) to bind the City to perform any
obligation relating to the stormwater system other than any multiple-fiscal year direct or indirect
debt or other financial obligation of the City without adequate present cash reserves pledged
irrevocably and held for payments in all future years.
. . .
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-1-
ORDINANCE NO. 016, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY UTILITIES’ RIGHT OF ENTRY INTO BUILDINGS AND ONTO PREMISES
TO ACCESS UTILITIES EQUIPMENT, FACILITIES, AND APPURTENANCES FOR
UTILITIES PURPOSES
WHEREAS, the City owns and operates Fort Collins Utilities (“Utilities”), which
provides various utility services, including water, wastewater, stormwater, electric, and
broadband services; and
WHEREAS, City of Fort Collins Charter Article XII, Section 2 sets forth a right of entry,
such that the directors and employees of city-owned utilities shall have authority in the necessary
discharge of their duties to enter upon any lands, properties or premises, within or without the
city limits, for the examination or survey thereof, or for the purpose of repairing, inspecting,
removing, or connecting the service, reading meters, or any other purpose whatever in
connection with the water, wastewater, electric, and other utilities; and
WHEREAS, for Utilities to operate and administer the systems for these services, and to
bill customers for these services, authorized Utilities personnel require clear, safe, and reliable
access to Utilities equipment, facilities, and appurtenances; and
WHEREAS, some of these Utilities equipment, facilities, and appurtenances, including
meters and curb stops, are located on or in private buildings and premises served by Utilities; and
WHEREAS, Utilities personnel therefore require and have historically had, as a condition
of service and pursuant to the City’s authority as a home rule municipality and utility provider, a
right of entry and similar access rights into buildings and onto premises served by Utilities for
purposes of discharging their duties and enforcing provisions of City Code that are related to
Utilities; and
WHEREAS, Utilities requires clear rules related to these Utilities equipment, facilities,
and appurtenances located on or in private buildings and premises served by Utilities, which also
benefit customers by clarifying the rights of Utilities, customers, and the owners/occupants of
such buildings and premises; and
WHEREAS, these rules related to such Utilities equipment, facilities, and appurtenances
are current found in various sections of the City Code, including Sections 26-22, 26-98, 26-99,
26-219, 26-399, and 26-577; and
WHEREAS, Utilities staff has identified various aspects of these relevant City Code
sections that call for clarification and modification to more clearly articulate Utilities’ historical
right of entry and the corresponding rights of customers and the owners/occupants of such
buildings and premises, including the addition of procedures for disputes to be resolved by the
Municipal Court when necessary; and
-2-
WHEREAS, this Ordinance amends the relevant City Code sections to accomplish these
purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-22 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-22. Right of entry.
(a) Utilities personnel must have clear, safe, and reliable access to utilities equipment,
facilities, and appurtenances, including meters, curb stops, fire hydrants, lines, and manholes,
located on or in private buildings and premises for utilities’ operation, administration, and billing
of service. Such access is hereby provided as a right of entry pursuant to this Section.
(b) In connection with the necessary discharge of their duties and the enforcement of the
provisions of this Chapter, authorized utility personnel shall, at all reasonable times, have the
right to enter any private building or premises within or without the City served by one (1) or
more of the utilities for any purpose directly related or incidental to: supplying a utility service;
examinations or surveys related to a service; inspections, installations, maintenance, repair, and
replacement of equipment, facilities, and appurtenances; connection and disconnection of
services; reading and replacing meters; replacing curb stops; inspections to enforce any of the
provisions of this Chapter; and performing any of their duties. The right of entry includes the
right to enter whenever authorized utility personnel have reasonable cause to believe that there
exists in any building or upon any premises any condition or violation which makes such
building or premises unsafe, dangerous, or hazardous, or presents a significant, immediate
danger to human health or the environment. This provision is not intended to modify the right of
access described elsewhere in this Chapter.
(c) It is unlawful for any person to interfere with the reasonable access of authorized utility
personnel to utilities-owned equipment, facilities, and appurtenances located on or in buildings
and premises. Such unlawful interference includes constructing or placing covers on or allowing
vegetation to interfere with meters or other utilities equipment, facilities, and appurtenances and
any other interference with the ability of utilities personnel to discharge their duties.
(d) If such building or premises is occupied at the time entry is required, the authorized
utility personnel shall first present proper credentials and request entry. If such building or
premises is unoccupied, the authorized utility personnel shall first make a reasonable effort to
locate the owner or other persons having charge or control of the building or premises and
request entry.
-3-
(e) If such entry is not granted, the authorized utility personnel shall have recourse to every
remedy provided by law to secure entry and access. Such recourse shall include the right to
petition the Municipal Court for an order, injunction, inspection warrant, and/or other relief
confirming and securing the right to enter the specific buildings and premises, subject to any
terms and conditions that may be necessary to protect persons and property, including
reimbursement to utilities for associated costs that may be billed to the customer’s account when
appropriate. When authorized utility personnel have obtained a remedy provided by law to
confirm and secure entry, no owner or occupant or any other persons having charge, care, or
control of any building or premises shall fail or neglect, after a request is made, to promptly
permit entry therein by the authorized utility personnel for proper purposes. Any such failure to
permit entry upon request pursuant to a valid order, injunction, inspection warrant, and/or other
relief shall be a misdemeanor punishable as set forth in § 1-15 of this Code.
(f) If any person interferes with the right of entry under this section, authorized utility
personnel shall have recourse to every remedy provided by law to secure entry and access and to
remove any impediments. Such recourse shall include the right to petition the Municipal Court
for an order confirming the right to enter the specific buildings and premises, to remove any
impediments, and to impose terms and conditions that may be necessary to protect persons and
property, including reimbursement to utilities for associated costs that may be billed to the
customer’s account when appropriate.
(g) Regardless of whether authorized utilities personnel have sought any other remedy, if
access to utilities equipment, facilities, and appurtenances located on or in private buildings and
premises is not provided or if a meter cannot be read for three (3) consecutive months, utilities
shall be entitled to discontinue utilities services until access to such equipment, facilities, and
appurtenances is provided or the meter is read by utilities personnel, provided that the customer
and owner/occupant premise has been notified by first class mail that this conditions must be
corrected at least fourteen (14) days before the discontinuation of service.
(h) An appropriate property owner or representative shall permit the utilities to trim the limbs
and branches of trees, shrubs, or other vegetation to the extent that utilities personnel determine
is reasonably necessary to avoid interference with utilities equipment, facilities, and
appurtenances, or to allow access to the utilities equipment, facilities, and appurtenances on said
owner’s premises or in the public right-of-way.
(i) The property owner shall be responsible for such trimming of trees, shrubs, or other
vegetation as may be necessary to avoid interference with, and allow access to, the utilities’
meter, underground service wires, or other utilities-owned equipment, facilities, and
appurtenances on said owner’s premises. Nothing in this Section shall be construed as requiring
the owner of a private property to trim or remove any trees or shrubs when such trimming or
removing is required to prevent interference with City-owned overhead electric utility lines. It
shall be the duty of the City to do any cutting, trimming, pruning or removing of trees or shrubs
necessary for the safe use of such lines.
Section 3. That Section 26-98 of the Code of the City of Fort Collins is hereby
amended to read as follows:
-4-
Sec. 26-98. Water meter requirements and installation.
. . .
(d) If, during the inspection, installation, maintenance, repair, or replacement of a water
meter outside of a user’s residential or nonresidential unit, it is determined that the water service
line does not conform to the provisions of §§ 26-94, 26-95, and 26-97, the entire cost of repairing
or replacing such water service line shall be borne by the user.
(e) All water meters and setting devices shall be of a type, size and design approved by the
Utilities Executive Director and furnished by the utility.
(f) The water meter is the property of the water utility. The utility shall inspect, install,
maintain, repair, and replace all meters as necessary. Such work may be performed at any
reasonable time by the utility.
. . .
Section 4. That Section 26-99(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-99. Meter interference; damages.
. . .
(b) The utility will discontinue water service immediately to any user who violates the
provisions of this Section until the user has paid for all water used and all repairs to the meter,
including the replacement cost if applicable.
. . .
Section 5. That Section 26-219 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-219. Inspections; right of access.
(a) The Utilities Executive Director may inspect the equipment and facilities of any user at
any reasonable time to ascertain compliance with applicable ordinances, rules and regulations.
Persons or occupants of premises where wastewater is created or discharged shall allow utility
personnel ready access to the premises for the purposes of inspection, sampling, records
examination and copying, and performance of any of their duties. The utility shall have the right
to set up on the user’s property such devices as are necessary to conduct sampling, inspection,
compliance-monitoring and/or metering operations, including meters, water communications
modules and water meter touchpads. Where a user has security measures in force which would
require proper identification and clearance before entry into its premises, the user shall make the
-5-
necessary arrangements so that, upon presentation of suitable identification, utility personnel will
be permitted to enter without delay for the purposes of performing their specific responsibilities.
While performing the necessary work on private property, utility personnel shall observe all
security and safety rules applicable to the premises as established by the user.
(b) If a duly authorized representative of the utility is refused admission to a user’s premises
or any City owned facilities thereon, including meters, communications modules and water meter
touchpads, the Utilities Executive Director may discontinue water or wastewater service to the
premises until utility representatives have been afforded reasonable access to the premises and
private sewer system to accomplish the inspection or sampling. The Utilities Executive Director
may also petition the Municipal Court for an order, injunction, inspection warrant, and/or other
relief confirming and securing the right to enter the specific buildings and premises as described
in §26-22.
Section 6. That Section 26-399(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-399. Inspections; right of access.
. . .
(b) If a duly authorized representative of the utility is refused admission to a user's premises,
or any City owned facilities thereon, including meters, communications modules and meter
touchpads, the Utilities Executive Director may discontinue electric service to the premises until
utility representatives have been afforded reasonable access to the premises and the building
electrical system to accomplish inspection and/or monitoring. The Utilities Executive Director
may also petition the Municipal Court for an order, injunction, inspection warrant, and/or other
relief confirming and securing the right to enter the specific buildings and premises as described
in §26-22.
Section 7. That Section 26-577 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-577. Inspection; right of access.
(a) The City Manager or his or her designee, including the Broadband Executive Director,
may inspect any portion of the telecommunication services system and any equipment and
facilities of any telecommunication subscriber at any reasonable time to ascertain compliance
with applicable ordinances, terms and conditions of service and rules and regulations. Persons or
occupants of premises receiving telecommunication facilities and services shall allow
telecommunication services personnel ready access to the premises, including the interior
thereof, for the purposes of such inspection and performance of any of their duties and any such
persons or occupants shall, by granting such access, represent and warrant to the City and the
telecommunication services division that they have the legal right and authority to grant that
access. The telecommunication services division shall have the right to set up on the subscriber's
property such devices as are necessary to conduct inspection, compliance-monitoring and/or
-6-
maintenance operations. Where a telecommunication subscriber has security measures in place
that would require proper identification and clearance before entry into a served premises, the
subscriber shall make the necessary arrangements so that, upon presentation of suitable
identification, telecommunication utility personnel will be permitted to enter without delay for
the purposes of performing specific responsibilities. While performing necessary work on private
property, telecommunication services division personnel shall observe all security and safety
rules applicable to the premises as established by the telecommunication subscriber.
(b) If a duly authorized representative of the telecommunication services division is refused
admission to a subscriber's premises, or any City owned facilities, including communications
modules and equipment, the City Manager or his or her designee, including the Broadband
Executive Director, may discontinue telecommunication services until telecommunication
services division representatives are afforded access to the premises and the telecommunication
facilities and equipment located thereon to accomplish inspection and/or monitoring. The
Utilities Executive Director may also petition the Municipal Court for an order, injunction,
inspection warrant, and/or other relief confirming and securing the right to enter the specific
buildings and premises as described in §26-22.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk