HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/16/2021 - FIRST READING OF ORDINANCE NO. 047, 2021, APPROPRI Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY March 16, 2021
City Council
STAFF
Lance Smith, Utilities Strategic Finance Director
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 047, 2021, Appropriating Prior Year Reserves in the Light and Power Fund for
Electric Utilities Customer Payment Assistance.
EXECUTIVE SUMMARY
The purpose of this item is to consider appropriation of a “one-time cash distribution” of $468,941 from Platte
River Power Authority (PRPA) to be used for utility delinquencies through the Utilities Payment Assistance
Program for electric and telecommunication utility customers economically affected by COVID-19 and to
address the impact on rates that significant past-due and uncollectible balances may have on all electric and
other utility ratepayers. The funds were deposited into the Light & Power Enterprise Fund in December 2020,
and may only be used for that utility’s operations, maintenance, repair, replacement, or betterment or for
another “specific utility purpose determined by Council to [benefit the utility’s ratepayers]”.
BACKGROUND / DISCUSSION
In December 2020, PRPA issued a “one-time cash distribution” to Fort Collins in the amount of $468,941 as
one of PRPA’s owner municipalities. These funds were deposited into the Light & Power Enterprise Fund and,
pursuant to Art. XII, §6 of the City Charter, may only be used for that utility’s operations, maintenance, repair,
replacement or betterment or for another “specific utility purpose determined by Council to be beneficial to the
ratepayers of said utilit[y]”.
Given the need to address the significant increase in utility delinquencies and the uncertainty of additional
federal funds, utilizing the PRPA funds will help those customers who have incurred past due balances over
the past 10 months related to the pandemic. Utilities staff proposes using the same application process used
with distributing CARES Act funding, to include tracking the funds, customer impact, and ensuring that funds
are utilized to help those that have experienced economic hardship through COVID-19. Through this proposed
appropriation and the City’s ongoing commitment to work with our customers to establish payment plans, this
“one-time cash distribution” from PRPA will be able to directly help the most impacted Utilities electric
customers and to address the significant and unusual past-due and uncollectible utility account balances that
are likely to have an impact on electric utility ratepayers in the form of increased rates if not reduced.
Agenda Item 13
Item # 13 Page 2
Since March 2020, Fort Collins Utilities has not disconnected customers for non-payment in response to
community need and the Colorado Governor’s executive order restricting public utility disconnection, which
expired June 2020. Through federal CARES Act funding and the Utility Payment Assistance Program, Utilities
directed $900,000 of financial assistance to customers who have struggled to pay utility bills. Outreach has
included mailings, emails, and phone calls to advise customers of available funding and assistance programs.
Utilities is waiting on crucial decisions regarding state and federal stimulus packages, such as financial
assistance for delinquent accounts pending from utility led programs and third-party nonprofit organizations.
The biggest unknown at this time is President Biden’s American Rescue Plan and financial assistance that will
be available for utility assistance.
As our community continues to navigate the effects of the COVID-19 pandemic, Fort Collins Utilities has not
confirmed a date to reinstate service disconnects. Even though disconnects and delinquent account fees have
been consistent mechanisms to encourage customer bill payment, in accordance with the current Governor
moratorium, we are also not charging late or reconnection fees to delinquent accounts. However, staff realizes
payments for utility services are essential to enable the City to continue delivering reliable and high-quality
electric, water, wastewater, and stormwater services and remain compliant with City Charter obligations. As
such, staff plans to recommend reinstating disconnects on May 3, 2021 with ample customer outreach and
continuing to offer payment arrangements to mitigate disconnection of services. In the meantime, staff is
evaluating all available financial and programmatic assistance available for customers with delinquent
accounts to resolve overdue balances and avoid the inconvenience associated with disconnection.
CITY FINANCIAL IMPACTS
The PRPA funds were given to the City as an owner/member municipality of PRPA. The use of such funds to
assist electric and telecommunication utility customers will allow the electric utility enterprise funds to recover
past due operating revenues and avoid interrupting utility services. By more fully realizing operating revenues,
the utilities will have more funding available for the operation, maintenance and renewal of existing
infrastructure serving everyone in our community. By minimizing the need to interrupt utility service, less time
and resources will be needed to manage reconnecting customers without recovering the cost associated with
interrupting utility services to our customers.
BOARD / COMMISSION RECOMMENDATION
Staff is scheduled to speak with the Energy Board on disconnects and efforts to avoid such at the March 11,
2021, meeting.
Agenda Item 13
Item # 13 Page 3
ATTACHMENTS
1. PRPA Resolution 15-20 (PDF)
2. PRPA Memo to Board of Directors (PDF)
3. Memo to Council Finance Committee February 25, 2021 (PDF)
ATTACHMENT 1
ATTACHMENT 2
Utilities
electric ·stormwater ·wastewater ·water
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.212.2900
V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
M E M O R A N D U M
DATE:February 25, 2021
TO:Mayor Troxell and Councilmembers
FROM:Lisa Rosintoski, Customer Connections Deputy Director
Lance Smith, Utilities Strategic Finance Director
THROUGH:Darin Atteberry, City Manager
Theresa Connor, Interim Utilities Executive Director
RE:Utility Delinquent Accounts & Financial Assistance Monthly Update
Bottom Line: As our community continues to navigate the effects of the COVID-19 pandemic,
Fort Collins Utilities has not disconnected utility services due to non-payment since March 2020
and has not confirmed a date to reinstate disconnects. In accordance with the current Governor
moratorium, we are not charging late or reconnection fees to delinquent accounts. Payments for
utility services are essential to continue delivering reliable and high-quality electric, water,
wastewater, and stormwater services. Utilities staff plans to provide an update to City Council
on utility delinquencies the fourth Thursday of each month through June 2021.
Delinquent Account Status Including Revenue:
The number of delinquent accounts fluctuates each month. The graph above is an example of the
utilities uncollected past-due revenue related to the increase in delinquent accounts. The graph
shows that the pandemic has caused hardship for many of our utility customers, and our
delinquent account numbers have increased significantly, also impacting utility revenue. Utilities
ATTACHMENT 3
typically writes-off about $300,000-600,000 each year in uncollected revenue as bad debt due to
delinquency. However, due to the City lien ordinance Utilities may collect the debt once the
property is sold.
Outreach and Financial Assistance Provided to Delinquent Accounts:
In 2020 through CARES Act funding and the Payment Assistance Fund, Utilities has been able
to provide $900,000 of financial assistance to help customers who have struggled to pay their
utility bills. Outreach has included mailings, emails, and phone calls to advise them of the
available funding.
Each delinquent account is receiving a monthly notice encouraging them to contact Utilities
immediately and informing them of their options:
Pay your bill.
Set up a payment arrangement.
Utilize the Payment Assistance Fund
Our hope is that as additional financial assistance becomes available the notice will be updated.
Financial Assistance Being Considered:
Currently, Utilities is waiting on crucial decisions to be made regarding state and federal
stimulus packages, such as financial assistance for delinquent accounts could come from utility-
led programs and third-party nonprofit organizations. The biggest unknown at this time is
Biden’s American Rescue Plan and financial assistance that will be available for utility
assistance. Below is a summary of financial assistance.
$119,397
$86,751
$323,591
$44,727
$547,647
$28,262
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2018 2019 2020 2021 ytd
Financial Assistance
PAF CARES
Utility Led Financial Assistance
Payment Assistance Fund
(unclaimed funds only)
$231,745 Council would need to change City Code to
redistribute funds, which could consist of
modifying Code to allow the Chief Financial
Officer’s regulations to manage. Donations
from public would not be used for this
purpose.
Platte River Power Authority Gift $468,941 City Manager’s Office determining allocation
and emergency declaration orders to support
distribution.
Remaining CARES Act funding $270,000 As of 2/16/21
Third Party, Non-profit Led Financial Assistance
CARES Act
Energy Outreach Colorado
(La Familia, Catholic
Charities, Discover
Goodwill, Colorado State
University)
$2.5M
Statewide
Funds for utility one time assistance, $1k per fuel
source, no LEAP requirement at this time,
customer needs to have an electric account, dollars
need to be spent by 6/3/21
CARES 2.0
Neighbor to Neighbor
(working with other
nonprofits, more details to
come)
$10.7M
Larimer
County
Funds for rent and utility assistance were
provided to Larimer County, dollars need to be
spent by the end of 2021, distribution expected to
begin mid-March
What Are Other Utilities Doing?
As we look to our utility colleagues to see how they are handling delinquent accounts and
support their administration remains closely related to ours. However, we have learned most
utilities have resumed disconnects including Xcel, Black Hills Energy, the City of Loveland,
Colorado Springs Utilities, the City of Fountain, and the Town of Estes Park. Like us, the City of
Longmont has not resumed disconnections in hopes of more funding to provide financial
assistance.
CC: Lori Clements, Utilities Customer Care & Technology Manager
Gretchen Stanford, Utilities Community Engagement Manager
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ORDINANCE NO. 047, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT AND POWER FUND
FOR ELECTRIC UTILITIES CUSTOMER PAYMENT ASSISTANCE
WHEREAS, in December 2020, Platte River Power Authority (PRPA), the municipal
electric power generation and transmission authority of which the cities of Fort Collins,
Loveland and Longmont, and the Town of Estes Park are members, issued an unanticipated
“one-time cash distribution” to the City (the “PRPA funds”), pursuant to PRPA Board
Resolution 15-20; and
WHEREAS, the PRPA funds, in the amount of $468,941, were deposited in the Light &
Power enterprise fund, to be used, pursuant to Art. XII, §6 of the City Charter, for electric utility
operations, maintenance, repair, replacement or betterment or for another specific utility purpose
determined by Council to benefit the electric utility’s ratepayers; and
WHEREAS, since March 2020, conditions associated with the Coronavirus/COVID-19
pandemic resulted in significant increases in City utility customer bill delinquencies resulting in
significant past-due balances of a magnitude not normally experienced by the Electric utility,
only a portion of which was mitigated by the Utilities Payment Assistance Program (PAF),
pursuant to City Code §26-722, and federal relief funds in 2020, including the CARES Act, and
WHEREAS, despite $900,000 of financial assistance Utilities applied to assist customers
who struggled to pay utility bills in 2020, large utility account balances persist and availability of
PAF and federal stimulus funds is uncertain, which led Utilities staff to evaluate other financial
resources to help customers who incurred past due balances in the past ten months and seek to
reduce outstanding amounts due to the utility to avoid adverse impacts on all utility ratepayers in
the form of increased rates; and
WHEREAS, Utilities staff research concluded that using the PRPA funds in addition to
the City’s ongoing commitment to establish utility customers payment plans will meaningfully
direct assistance to the most impacted Utilities customers. leverage PAF resource opportunities
and recover significant outstanding amounts due to the electric utility thereby benefitting all
ratepayers; and
WHEREAS, Utilities staff has recommended appropriating the PRPA funds to be
administered through the application process used for CARES Act distribution in 2020,
including tracking dispersals and customer impact, to ensure the PRPA funds bolster payment
plan options for customers experiencing economic hardship due to COVID-19; and
WHEREAS, the City Manager has recommended the appropriation described herein and
has determined this appropriation is available and previously unappropriated from the Light &
Power Fund and will not cause the total amount appropriated in the Fund to exceed the current
estimate of actual and anticipated revenues to be received in that Fund during this fiscal year;
and
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WHEREAS, Article V, §9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal
year such funds for expenditure as may be available from reserves accumulated in prior years,
notwithstanding that such reserves were not previously appropriated; and
WHEREAS, the proposed appropriation and expenditure benefit the public’s health,
safety and welfare and serve utility rate payers by providing focused funding to enable customers
to continue receiving reliable, high-quality electric and telecommunications, water, wastewater,
and stormwater services, increase collections and reduce billing operation expenses for utility
rate payers consistent with the purposes of Article XII, §6 of the City Charter.
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 there is hereby appropriated from prior year reserves in the Light &
Power Fund the sum of FOUR HUNDRED SIXTY-EIGHT THOUSAND NINE HUNDRED
FORTY-ONE DOLLARS ($468,941) for expenditure from the Light & Power Fund for payment
assistance to electric and telecommunication services customers.
Section 3. That the City Council hereby finds that this use of the PRPA funds will
serve the specific utility purposes of reducing the unusually high levels un-paid amounts due to
the utility driven by the COVID19 pandemic, avoiding adverse impacts on all utility ratepayers
in the form of increased rates, and enabling utility customers to continue receiving reliable, high-
quality electric services, which Council determines will benefit the electric utility’s ratepayers as
required by Article XII, §6 of the City Charter.
Introduced, considered favorably on first reading, and ordered published this 16th day of
March, A.D. 2021, and to be presented for final passage on the 20th day of April, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 20th day of April, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk