HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2021 - ITEMS RELATING TO VARIOUS ROUTINE AMENDMENTS TO CI 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.
Agenda Item 7
Item # 7 Page 2
● 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.
● 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)
Excerpt from Unapproved DRAFT MINUTES - WATER BOARD
REGULAR MEETING
October 15, 2020, 5:30 p.m.
Online via Zoom
1 0 /1 5 /20 20 – Excerpt from Unapproved DRAFT MINUTES Page 1 of 1
a.Regular Items
(Attachments available upon request)
1.2020 Utilities Fall Code Updates
Interim Utilities Deputy Director & Water Field Operations Director
Andrew Gingerich presented a summary of revisions, clarifications and
additions to portions of City Code Chapter 26 pertaining to Utility
Services: consolidation of appeals into one process; clean up of
language in Utilities right-of-entry and corresponding rights of
customers; clarify and revise pretreatment language that is no longer
relevant and revise fees to septic haulers; process change to water
and wastewater plant investment fee (PIF) when water allotment is
increased, etc. Strategic Account Specialist Samantha Littleton
summarized the PIF-related portion of the presentation.
Discussion Highlights
A board member inquired about whether the proposed PIF process
change was to ensure alignment with recent water allotment-related
updates (Ms. Littleton replied that it is not; it’s simply to ensure staff
reviews a customer’s water usage and amount of associated PIF if
they request an increased water allotment to determine if additional
PIF fees are necessary).
Board Member Michael Brown, Jr. moved that the Water Board
recommend City Council approve the proposed 2020 Utilities Fall
Code Updates on Consent on first reading on November 4, 2020.
Chairperson Steve Malers suggested a friendly amendment to the
motion to eliminate the details “…on Consent on first reading on
November 4, 2020” in the event Council removes it from the consent
agenda or reschedules the item.
Board Member Brown accepted the friendly amendment.
Board Member Nicole Ng seconded the motion.
Vote on the Motion: it passed unanimously, 11-0.
ATTACHMENT 1
ENERGY BOARD
REGULAR MEETING – DRAFT – Abridged for FCU Fall Code Update
November 12, 2020 – 5:30 pm
Remote – Zoom Meeting
ROLL CALL
Board Members Present: Amanda Shores. Jeremy Giovando, Bill Becker, Dan Gould, Alan Braslau,
Marge Moore, Steve Tenbrink, Sue McFaddin, John Fassler
Board Members Absent:
OTHERS PRESENT
Staff Members Present: John Phelan, Christie Fredrickson, Tim McCollough, Theresa Connor, Leland
Keller, Cyril Vidergar
Platte River Power Authority: Paul Davis, Trista Fugate
Members of the Public: Rick Coen, Rich Stave, Nick Michell
UTILITIES FALL CODE UPDATE
Tim McCollough, Deputy Director, Utilities Light & Power
Along with the City, Utilities seeks to keep all code current, so every six months staff works on a code-
cleanup package. Items in a code-cleanup package are designed to be non-controversial, not significant,
and do not incur any cost changes. In this package, there are two sections of code that impact the
Electric Utility.
Chapter 26 covers right-of-entry, which dictates Utilities rights to enter private property to access
infrastructure. This update includes language clarification to continue to allow Utilities to operate and
administer the systems that provide various services for water, wastewater, stormwater, electric and
broadband. The update also increases emphasis for Utilities personal to have clear, safe, and reliable
access to Utilities equipment and facilities, and adds language to allow recourse if entry is not granted.
Additionally, the update clarifies the rights and authorizations of property owners and representatives to
permit Utilities to trim limbs, branches, shrubs, or other vegetation as necessary to avoid interference with
Utilities equipment.
Mr. McCollough explained that City Council acts as the Utility Electric Enterprise Board at times, and the
updated in Section 26-392(a) includes language clarification to explicitly name the officer roles of City
Council on the Enterprise Board. The Mayor acts as the Board President, Mayor Pro Tem as the Board
Vice President, Financial Officer as Board Treasurer, and City Clerk as Board Secretary. These officers
will 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.
Chairperson Shores asked whose obligation vegetation management is, Mr. McCollough said vegetation
is the responsibility of the property owner (not the renting tenant), but this language update gives Utilities
authorization to clear as need around Utilities equipment and infrastructure. Mr. Vidergar echoed Mr.
McCollough, the City has City codes outlining a condition of service as maintaining the property to deliver
service. Board member Braslau asked if the Utility is allowed to suspend service in an emergent or
dangerous situation for right of access. Mr. McCollough said yes, the Utility will shut off service to protect
life or property and do so in an emergency basis.
Board member Tenbrink asked if any of the Enterprise Board meetings are public. Mr. McCollough said
they are all open session, as long as they do not meet under executive session.
ATTACHMENT 2
ENERGY BOARD
REGULAR MEETING
Board member Gould asked if Proposition 117 (Require Voter Approval of Certain New Enterprises
Exempt from TABOR Initiative) will impact the Enterprise Boards. Mr. Vidergar said he does not have
insight at this moment; as he understood it, that ballot measure was concentrated on State and Home-
Rule enterprises, as opposed to municipal, but he will look into it and get back to the Board.
Board member Tenbrink moved the Energy Board recommend City Council approve the Utilities
2020 Fall Code Updates.
Board member Gould seconded the motion.
Vote on the motion: It passed unanimously, 9-0.
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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: 1. Generated within
Larimer County
Per gallon $0.074 0.09
2. Generated outside Larimer County Per gallon $0.113
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
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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.
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;. pProhibited materials include, without limitation, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, 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 without
limitation: 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, beer and distillery slops, grain processing wastes, grinding or
polishing compounds, acetylene generation sludge, chemical residues, 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 provided
for installed and maintained by laundries, restaurants, service stations, auto repair shops,
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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.
. . .
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) Silver from photograph and x-ray development . For each photograph or x-ray
development process, silver removal treatment shall be provided downstream of the development
process. The silver removal equipment shall be operated in a continuously efficient condition
that maintains the concentration of silver in discharges resulting from the development of
photographs or x-rays to a maximum of one hundred (100) mg/L. Grab samples for
demonstrating treatment efficiency shall be collected downstream of treatment and prior to
dilution with other wastewater. The grab samples shall not be acidified prior to analysis.
(dc) 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)
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(ed) Mercury from dental offices facilities. No dental office facility shall discharge wastewater
generated from the placement or removal of dental amalgam containing mercury unless said
dental office facility has installed the equipment described in, and conducts its operations in
accordance with, the following best management practices:
(1) All dental chairs shall be equipped with chair-side traps. Said chair-side traps
shall be cleaned and maintained as needed to assure their continued effective operation.
Dental facilities shall minimize the discharge of amalgam containing wastewater by
utilizing at a minimum, chair-side traps, screens, and vacuum pump filters.
(2) All vacuum pumps shall be equipped with traps or filters. Said traps or filters
shall be cleaned and maintained in the manner specified or recommended by the
manufacturer of the same.
(32) Cleaning of amalgam-contaminated traps, filters and other 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.
(43) 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, and maintained, and inspected
according to the manufacturer's specifications; and
c. Achieves a minimum mercury removal efficiency of ninety-five
(95) percent.
(54) 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.
(65) All dental amalgam wastes shall be stored in structurally sound, tightly closed and
appropriately labeled containers.
(76) 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.
(87) 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:
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a. The manufacturer and model of any amalgam separator in use;
b. The date of installation of any amalgam separator in use;
c. The name and address of the facility to which any waste amalgam is
shipped;
c. The dates that amalgam retaining containers were replaced;
d. The dates and person(s) conducting inspections and results of inspections;
ce. The name and address of the facility to which any waste amalgam is
shipped;
df. The date and amount of any waste amalgam shipped; and
eg. 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.
(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.
(910) The Utilities Executive Director may request that any user operating a dental
office 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(ed), 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.
(fe) 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.
(gf) 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.
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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 this 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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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
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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:
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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
concurrently with regular or special meetings 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.
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(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
concurrently with regular or special meetings 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
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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 concurrently with regular or special meetings 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
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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
concurrently with regular and or special meetings 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