HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 10/07/2025Fort Collins City Council Agenda
Regular Meeting Amended on 10/03/25
6:00 p.m., Tuesday, October 7, 2025
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para
que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
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solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
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City of Fort Collins Page 1 of 7 City Council Summary Agenda
City Council
Regular Meeting Agenda
October 7, 2025 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Delynn Coldiron
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Week of October 5-11, 2025, as Fire Prevention Week.
PP 2. Declaring the Month of October, 2025, as Conflict Resolution Month.
PP 3. Declaring the Month of October, 2025, as American Archives Month.
PP 4. Declaring the Month of October, 2025, as Cybersecurity Awareness Month.
REGULAR MEETING
6:00 PM
Amended 10/03/25
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
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City of Fort Collins Page 2 of 7
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments
on a particular agenda item during general public comment, that speaker will not also be entitled
to speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain
and will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the September 16, 2025, Regular meeting.
The purpose of this item is to approve the minutes of the September 16, 2025, Regular meeting.
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City of Fort Collins Page 3 of 7
2. Second Reading of Ordinance No. 146, 2025, Appropriating Unanticipated Philanthropic
Revenue Received Through City Give for Various Programs and Services as Designated
by the Donors.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, requests an
appropriation of $152,669.11 in philanthropic revenue received through City Give. These
miscellaneous gifts to various City departments support a variety of programs and services and
are aligned with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
3. Second Reading of Ordinance No. 147, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the William Neal and Ziegler Intersection
Improvements Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, appropriates
and transfer additional funds for the William Neal and Ziegler Intersection Improvements project
(Project). The funds will be used for construction services. If approved, this item will: 1)
appropriate $388,773 in Transportation Capital Expansion Fee (TCEF) funds to the Project; 2)
appropriate $77 in Transportation Services funds to the Project; 3) transfer $85,000 in
Conservation Trust funds to the Project; 4) transfer $45,000 in Community Capital Improvement
Program (CCIP) Pedestrian Sidewalk funds to the Project; and transfer $3,850 of Project funds
to the Art in Public Places (APP) program.
4. Second Reading of Ordinance No. 148, 2025, Making Supplemental Appropriation of
Colorado Office of Economic Development and International Trade for the Colorado CHIPS
Community Support Program Marketing Grant Funds in the General Fund.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, appropriates
$25,000 of unanticipated revenue from the Colorado Office of Economic Development and
International Trade for the Colorado Creating Helpful Incentives to Produce Semiconductors
(CHIPS) Community Support Program Marketing grant. This grant provides fu nding to the
Economic Health Office for marketing and promotional activities targeted at semiconductor
ecosystem companies and advanced industries.
5. Items Related to Appropriating Additional Funds for 2025.
A. Second Reading of Ordinance No. 149, 2025, Making Supplemental Appropriations in Various
City Funds.
B. Second Reading of Ordinance No. 150, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations in Various City Funds.
These Ordinances, unanimously adopted on First Reading on September 16, 2025, combine
dedicated and unanticipated revenues or reserves that need to be appropriated before the end of
the year to cover the related expenses that were not anticipated and therefore not included in the
2025 annual budget appropriation. The unanticipated revenue is primarily from fees, charges,
rents, contributions and grants that have been paid to City departments to offset specific
expenses.
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City of Fort Collins Page 4 of 7
6. Second Reading of Ordinance No. 151, 2025, Amending Sections 26-148 and 26-149 of the
Code of the City of Fort Collins Regarding Water Supply Requirement Credits for Water
Services.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, ensures that City
Code (Code) more comprehensively addresses how Fort Collins Utilities (Utilities) credits existing
water services when they are changed, typically during redevelopment. Code currently addresses
how Utilities credits nonresidential services when they are redeveloped and replaced with a new
nonresidential service. However, Code does not currently address how Utilities should credit
residential services that are redeveloped into nonresidential services, or when nonresidential
services are redeveloped into residential services. This item would fill those gaps.
7. Second Reading of Ordinance No. 152, 2025, Amending Chapter 24 Article IV of the Code
of the City of Fort Collins Relating to Portable Signs.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, updates the City
Code (Code) pertaining to portable signs. This ordinance updates the areas where portable signs
are allowed to more accurately reflect the designated downtown areas as well as the timeframe
of when a portable sign permit is valid and the requirements to obtain a permit.
8. Second Reading of Ordinance No. 153, 2025, Creating a New Article VI in Chapter 24 of the
Code of the City of Fort Collins Relating to Electric Vehicle Charging by Temporary Cord
Draping.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, secures and
promotes the public health, safety, and general welfare of persons using City sidewalks by
regulating the placement, covering over, use, and removal of electric vehicle charging cords
located upon certain public sidewalks within the City. To expand charging opportunities for electric
vehicles for persons without dedicated off-street parking at their residence, this proposed new
City Code (Code) regulates the safe draping of an electric vehicle charging cord across a sidewalk
or other public right-of-way at the person’s residence for the purpose of providing a charge to a
curbside vehicle at the person’s residence.
9. Second Reading of Ordinance No. 154, 2025, Expanding the Boundaries of the Fort Collins,
Colorado Downtown Development Authority and Amending the Plan of Development of the
Authority.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, expands the
boundaries of the Fort Collins Downtown Development Authority (the “DDA”) and amends the
Plan of Development of the Authority to include a property at 313 North Meldrum Street and
adjacent street right-of-way on North Meldrum Street. The property is a commercially zoned lot in
the Old Town District and is the location of the historic Emma Malaby Grocery building. The right-
of-way is being added as a housekeeping step to more efficiently describe the overall DDA
boundary. There is no impact to the City from the inclusion of this right-of-way.
10. Items Relating to Platte River Power Authority Organic Contract and Power Supply
Contract.
A. Second Reading of Ordinance No. 155, 2025, Authorizing an Amended and Restated Organic
Contract for Platte River Power Authority.
B. Second Reading of Ordinance No. 156, 2025, Authorizing an Amended and Restated Contract
with Platte River Power Authority for the Supply of Electric Power and Energy.
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City of Fort Collins Page 5 of 7
These Ordinances, unanimously adopted on First Reading on September 16, 2025, extend and
amend the Organic Contract between Estes Park, Longmont and Loveland (the member cities)
that is the basis for Platte River Power Authority’s (“Platte River”) existence and purposes and to
extend and make modifications to the Power Supply Agreement (“PSA”) with Platte River.
11. Second Reading of Ordinance No. 157, 2025, Amending Chapter 2, Article VII, Division 2 of
the Code of the City of Fort Collins Relating to the Gift Acceptance Restrictions and the
Definitions Section of the City’s Ethics Rules.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, considers
amendments to the City’s ethics rules related to gift acceptance restrictions recommended by the
Ethics Review Board. Corresponding changes to the definitions section of the ethics rules will
also be considered.
12. Second Reading of Ordinance No. 158, 2025, Amending Chapter 2, Article VIII, Division 2
of the Code of the City of Fort Collins Relating to Financial Disclosure Requirements.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, considers
amendments to the City’s ethics rules related to financial disclosure requirements recommended
by the Ethics Review Board.
13. Second Reading of Ordinance No. 159, 2025, Amending Chapter 2, Article VIII, Division 3
of the Code of the City of Fort Collins Relating to Gift Reporting Requirements of the City’s
Financial Disclosure Rules.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, considers
amendments to the City’s ethics rules related to gift reporting requirements recommended by the
Ethics Review Board.
14. First Reading of Ordinance No. 160, 2025, Authorizing a Non-Exclusive Franchise by the
City of Fort Collins to Comcast of California/Colorado/Florida/Oregon, Inc. and its
Successors and Assigns for the Right to Make Reasonable Use of, and Erect, Construct,
Operate and Maintain Through, the Public Rights-of-Way, Easements and other Public
Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of
a Cable System and the Provision of Cable Services to Residents Within the City.
The purpose of this item is to renew the Cable Franchise Agreement from the City of Fort Collins
to Comcast of California/Colorado/Florida/Oregon, Inc. LLC. The current agreement will expire on
October 31, 2025. With the assistance of outside legal counsel, staff has negotiated a proposed
10-year agreement with Comcast.
15. First Reading of Ordinance No. 161, 2025, Repealing Sections 12-110 through 12-112 of the
Code of the City of Fort Collins Regarding the Disclosure of Radon Information in Re al
Estate Transactions.
The purpose of this item is to repeal Chapter 12, Article VI of the City Code, which requires that
a seller of residential real estate in the City of Fort Collins provide radon information to the buyer
of the residential real estate.
Colorado Revised Statutes Section 38-35.7-112 also requires the disclosure of radon information
to buyers of residential real estate, and the repeal of Chapter 12, Article VI of the City Code will
eliminate overlapping requirements for sellers in residential real estate transactions with respect
to radon disclosures.
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City of Fort Collins Page 6 of 7
16. First Reading of Ordinance No. 162, 2025, Amending Section 23-302 of the Code of the City
of Fort Collins to Amend the Definition of “Construction Project”.
The purpose of this item is to amend the definition of “Construction Project” in Code. The City’s
Art in Public Places ordinance currently includes language that requires a 1% allocation from
construction projects that will cost more than $250,000 to fund the acquisition and maintenance
of public art. “Construction project” is defined as “the construction, rehabilitation, renovation,
remodeling or improvement of any building, structure, street, sidewalk, park, utility or other public
improvement by or for the City, including all associated landscaping, parking, design, engineering,
equipment or furnishings for such improvement, and all other costs, but excluding the cost of real
property acquisition, vehicles, equipment not affixed to public property and any improvements
made by any special improvement district.” Staff seeks to amend this definition to expressly
exclude maintenance from the definition of “construction project”.
17. Resolution 2025-086 Authorizing the City Manager to Execute an Agreement with Poudre
School District R-1 Regarding the Connected Raw Water Irrigation Systems of Certain
Parks and Schools.
The purpose of this item is to authorize the City Manager to execute an Agreement which
memorializes the methods and processes the Poudre School District R-1 (“PSD”) and the Parks
Department (“Parks”) operate and pay for repairs/replacement of current shared-site irrigation
systems. This Agreement also transfers the use of water from two shares of water that PSD
currently owns in the New Mercer Company to Parks.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
No planned discussion items.
P) RESUMED PUBLIC COMMENT (if applicable)
Q) OTHER BUSINESS
This section has been amended to include a motion for Council to adjourn until after the Electric
Utility Enterprise Board meeting.
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
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City of Fort Collins Page 7 of 7
OB 2. Consideration of a motion to adjourn this meeting until after the completion of the
Electric Utility Enterprise Board business:
"I move that Council adjourn this meeting until after the completion of the Electric Utility
Enterprise Board business."
OB 3. Consideration of Motion for Executive Session for Legal Advice related to Capital
Expansion Fees:
“I move that the City Council go into executive session pursuant to:
- City Charter Article Roman Numeral Two, Section 11(2)
- City Code Section 2-31(a)(2) and
- Colorado Revised Statutes Section 24-6-402(4)(b) for the purpose of discussing with the
City’s attorneys and appropriate management staff the following:
1. specific legal questions related to potential litigation related to current or proposed capital
expansion fees; and
2. the manner in which current or proposed capital expansion fees may be affected by
existing or proposed provisions of federal, state or local law.”
R) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, ext end a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
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File Attachments for Item:
PP 1. Declaring the Week of October 5-11, 2025, as Fire Prevention Week.
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PROCLAMATION
WHEREAS, Fire Prevention Week is October 5 through 11, 2025 and the theme is,
“Charge into Fire Safety!”; and
WHEREAS, this year’s theme spreads awareness about lithium-ion batteries which are
working and charging in most homes and businesses right now; and
WHEREAS, Poudre Fire Authority (PFA) regularly responds to fires that are ignited by
batteries; and
WHEREAS, these fires burn hot and can be extremely difficult to extinguish, making them
dangerous for both the community and firefighters. Be sure to:
Buy only listed products – look for a safety certification mark such as UL, ETL,
or CSA. This means it meets important safety standards.
Charge devices safely – always use the cords that came with the product to charge.
Follow the instructions from the manufacturer. Buy new chargers from the
manufacturer or one that the manufacturer has approved. Charge your device on a
hard surface. Don’t overcharge your device. Unplug it or remove the battery when
it’s fully charged.
Recycle batteries responsibly. Lithium-ion batteries should never be put in the
curbside recycling or trash because they can (and have) started fires. Recycle your
device or battery at a safe recycling location such as Timberline Recyclin g Center
or the Larimer County Landfill.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim October 5 – October 11, 2025, as
FIRE PREVENTION WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 7th day of October, 2025.
__________________________________
Mayor
ATTEST:
________________________________
City Clerk
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Item PP 1.
File Attachments for Item:
PP 2. Declaring the Month of October, 2025, as Conflict Resolution Month.
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PROCLAMATION
WHEREAS, the month of October is celebrated across the State of Colorado as Conflict
Resolution Month; and
WHEREAS, the City of Fort Collins, in conjunction with other local entities, is
recognizing this celebration; and
WHEREAS, conflict resolution encompasses mediation, restorative practices, conflict
transformation, facilitation, collaborative decision-making, and other respectful responses to
differences; and
WHEREAS, conflict transformation processes empower individuals, families,
communities, neighborhoods, organizations, schools, and businesses to foster communication and
devise solutions that are acceptable to the needs and interests of all parties involved; and
WHEREAS, the City of Fort Collins provides conflict transformation services to the
community through Mediation & Restorative Justice Services, which has changed its name to
Conflict Transformation Works; and
WHEREAS, community-based programs fairly and equitably transform neighborhood
and community conflicts, thereby repairing, creating, and strengthening relationships; and
WHEREAS, I, along with the entire City Council, encourage Fort Collins residents to seek
peaceful and collaborative ways to transform conflicts and hence contribute to creating an
exceptional community that everyone can call home.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim October 2025 as
CONFLICT RESOLUTION MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 7th day of October, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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Item PP 2.
File Attachments for Item:
PP 3. Declaring the Month of October, 2025, as American Archives Month.
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PROCLAMATION
WHEREAS, the Archive at the Fort Collins Museum of Discovery stands as a vital
gateway to our past, preserving firsthand accounts, data, and historical evidence found in letters,
diaries, scrapbooks, rare books, maps, photographs, newspapers, oral histories, and countless other
primary sources that illuminate the story of Fort Collins; and
WHEREAS, the Archive inspires discovery, cultivates critical thinking, and nurtures
empathy by inviting individuals to explore the diverse and shared experiences that have shaped
our community; and
WHEREAS, the Archive is a free and welcoming resource for people of all ages, offering
a space to connect with the histories of our families, neighbors, and neighborhoods—thereby
deepening our collective memory and fostering a stronger, more informed community; and
WHEREAS, American Archives Month is a national celebration that shines a spotlight on
the essential work of archivists, archive assistants, interns, and volunteers who dedicate themselves
to preserving, organizing, and making accessible the historical materials that matter to all of us.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim October 2025, as
AMERICAN ARCHIVES MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 7th day of October, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item PP 3.
File Attachments for Item:
PP 4. Declaring the Month of October, 2025, as Cybersecurity Awareness Month.
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PROCLAMATION
WHEREAS, Cybersecurity Awareness Month, celebrated every October, remains a
collaborative effort between government and industry to ensure that we – individually and
collectively – have the resources needed to stay safe and remain secure online; and
WHEREAS, Cybersecurity Awareness Month is a time to raise awareness about the
importance and shared responsibility of cybersecurity; and
WHEREAS, the City of Fort Collins recognizes the importance in identifying, responding
to, and protecting against cyber threats that may significantly impact our individual and collective
security and privacy; and
WHEREAS, critical infrastructure sectors are increasingly reliant on information systems
to support key sectors such as: financial services, energy, telecommunications, transportation,
utilities, health care, and emergency response systems; and
WHEREAS, this year’s theme – “Secure Our World” – focuses on using strong passwords
and password managers, turning on multifactor authentication, recognizing and reporting scams,
and keeping software up to date; and
WHEREAS, maintaining the security of cyberspace is a collaborative effort in which all
community members –elected officials, City staff and residents alike, have a critical role to play.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the month of October, 2025, as
CYBERSECURITY AWARENESS MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 7th day of October, 2025.
__________________________________
Mayor
ATTEST:
________________________________
City Clerk
Page 15
Item PP 4.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the September 16, 2025, Regular
meeting.
The purpose of this item is to approve the minutes of the September 16, 2025, Regular meeting.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 16, 2025, Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the September 16, 2025, Regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, September 16, 2025
Page 17
Item 1.
City of Fort Collins City Council Proceedings Page 354
September 16, 2025
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Day of October 9, 2025, as The Hand That Feeds Day.
PP 2. Declaring the Week of September 17-23, 2025, as Constitution Week.
PP 3. Declaring September 15 - October 15, 2025, as Hispanic/Latiné Heritage Month.
PP 4. Declaring the Month of September 2025 as Suicide Prevention and Awareness Month.
Mayor Jeni Arndt presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
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E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
No changes to the published agenda.
Items 1-17 on the Consent Calendar are recommended for adoption.
Consideration of a motion to adjourn the meeting until after the completion of the Electric Utility
Enterprise Board business.
F) COMMUNITY REPORTS – None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Tom Griggs, candidate for the Poudre School District School Board, stated he has received several
questions regarding the Board’s response to State and Federal budget cuts. He suggested the answer
relates to community partnerships and he applauded those groups and projects, giving special
recognition to the liaison committee that brings the City, County, and School District together. He
stated he is encouraged that there will be success in partnerships and in support of the schools despite
the current political climate.
Rick Casey, Fort Collins Sustainability Group, spoke about the proposed Platte River Power Authority
contract and provided various points with which the group disagrees, including the contract duration,
proper and transparent compensation for ‘pro-summers,’ and the limitation of the amount of non-
carbon energy goals.
Joe Rowan commented on the presentation made at the last work session on impact fees. He
specifically cited the statement that the cost of replacing assets has exceeded inflation. He stated the
City is discussing what it wants to buy rather than what it needs to buy, which he stated should be
adjusted. He suggested staff is bringing forward a proposal for maximum fees because that is what
they want to spend rather than what needs to be spent.
Barbara Krupnik-Goldman noted Council received a letter from the Fort Collins Sustainability Group
regarding the proposed changes to the Platte River Power Authority contract. However, she stated
she is speaking for herself this evening. She urged Council to oppose the contract as written so that
changes can be made that will allow Fort Collins to pursue a better path of more renewable energy.
She also stated urgent action is needed to address environmental and climate issues. She announced
a celebration this weekend called Sun Day and provided some related information.
Kimberly Connor spoke about the Gaza conflict and genocide occurring by Israel. She discussed
various ways the City could get involved to show its opposition to the conflict and genocide.
Public comment concluded at 6:17 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson stated he will be withdrawing the Platte River Power Authority contract item
from the Consent Calendar.
Mayor Arndt noted the Colorado State Constitution states the Public Utilities Commission cannot have
oversight over a joint action agency, which is how Platte River Power Authority is structured. She also
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noted the PRPA Board consists of the four Utility heads from each of the member cities which provide
technical expertise, as well as the four Mayors which provide the public oversight.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Ohlson withdrew Item No. 14, Items Relating to Platte River Power Authority Organic
Contract and Power Supply Contract, from the Consent Agenda.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the September 2, 2025, Regular meeting.
The purpose of this item is to approve the minutes of the September 2, 2025, Regular meeting.
Approved.
2. Second Reading of Ordinance No. 142, 2025, Appropriating Philanthropic Revenue
Received through City Give for The Gardens on Spring Creek as Designated by the Donor.
This Ordinance, unanimously adopted on First Reading on September 2, 2025, appropriates
$326,351 in philanthropic revenue received through City Give to benefit the Gardens on Spring
Creek (the “Gardens”). These estate gifts to the Gardens align with both the City’s strategic
priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriation of charitable gifts.
Adopted on Second Reading.
3. Second Reading of Ordinance No. 143, 2025, Vacating a Portion of the Right-of-Way of
Giddings Road.
This Ordinance, unanimously adopted on First Reading on September 2, 2025, vacates a portion
of the public right-of-way (ROW) at Giddings Road between Mountain Vista Drive and Richards
Lake Road. The outside 8-ft of ROW on either side of the existing road can be vacated, and the
road will still meet the minimum Larimer County Urban Area Street Standards for a 2-lane arterial
street.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 144, 2025, Annexing the Property Known as the Moor
Annexation to the City of Fort Collins, Colorado.
This Ordinance, unanimously adopted on First Reading on September 2, 2025, annexes a 3.368-
acre property located northeast of the intersection of North Taft Hill Road and Laporte Avenue.
The Initiating Resolution was adopted July 15, 2025. A related item to zone the annexed property
is presented on this Agenda.
This annexation request is in conformance with the State of Colorado Revised Statutes as they
relate to annexations, the City of Fort Collins City Plan, and the Larimer County and City of Fort
Collins Intergovernmental Agreement Regarding Growth Management.
Adopted on Second Reading.
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5. Second Reading of Ordinance No. 145, 2025, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Moor Annexation
to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the
Residential Neighborhood Sign District Map and Lighting Context Area Map.
This Ordinance, unanimously adopted on First Reading on September 2, 2025, zones the
property included in the Moor Annexation into the Low Density Mixed-Use Neighborhood District
(LMN) and place the property into the Residential Sign District and the LC1 Lighting Context Area.
Adopted on Second Reading.
6. First Reading of Ordinance No. 146, 2025, Appropriating Unanticipated Philanthropic
Revenue Received Through City Give for Various Programs and Services as Designated
by the Donors.
The purpose of this item is to request an appropriation of $152,669.11 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on First Reading.
7. First Reading of Ordinance No. 147, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the William Neal and Ziegler Intersection
Improvements Project and Related Art in Public Places.
The purpose of this item is to appropriate and transfer additional funds for the William Neal and
Ziegler Intersection Improvements project (Project). The funds will be used for construction
services. If approved, this item will: 1) appropriate $388,773 in Transportation Capital Expansion
Fee (TCEF) funds to the Project; 2) appropriate $77 in Transportation Services funds to the
Project; 3) transfer $85,000 in Conservation Trust funds to the Project; 4) transfer $45,000 in
Community Capital Improvement Program (CCIP) Pedestrian Sidewalk funds to the Project; and
transfer $3,850 of Project funds to the Art in Public Places (APP) program.
Adopted on First Reading.
8. First Reading of Ordinance No. 148, 2025, Making Supplemental Appropriation of Colorado
Office of Economic Development and International Trade for the Colorado CHIPS
Community Support Program Marketing Grant Funds in the General Fund.
The purpose of this item is to appropriate $25,000 of unanticipated revenue from the Colorado
Office of Economic Development and International Trade for the Colorado Creating Helpful
Incentives to Produce Semiconductors (CHIPS) Community Support Program Marketing grant.
This grant provides funding to the Economic Health Office for marketing and promotional activities
targeted at semiconductor ecosystem companies and advanced industries.
Adopted on First Reading.
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9. Items Related to Appropriating Additional Funds for 2025.
A. First Reading of Ordinance No. 149, 2025, Making Supplemental Appropriations in Various
City Funds.
B. First Reading of Ordinance No. 150, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations in Various City Funds.
The purpose of these items is to combine dedicated and unanticipated revenues or reserves that
need to be appropriated before the end of the year to cover the related expenses that were not
anticipated and therefore not included in the 2025 annual budget appropriation. The unanticipated
revenue is primarily from fees, charges, rents, contributions and grants that have been paid to
City departments to offset specific expenses.
Both Ordinances Adopted on First Reading.
10. First Reading of Ordinance No. 151, 2025, Amending Sections 26-148 and 26-149 of the
Code of the City of Fort Collins Regarding Water Supply Requirement Credits for Water
Services.
The purpose of this item is to ensure that City Code (Code) more comprehensively addresses
how Fort Collins Utilities (Utilities) credits existing water services when they are changed, typically
during redevelopment. Code currently addresses how Utilities credits nonresidential services
when they are redeveloped and replaced with a new nonresidential service. However, Code does
not currently address how Utilities should credit residential services that are redeveloped into
nonresidential services, or when nonresidential services are redeveloped into residential services.
This item would fill those gaps.
Adopted on First Reading.
11. First Reading of Ordinance No. 152, 2025, Amending Chapter 24 Article IV of the Code of
the City of Fort Collins Relating to Portable Signs.
The purpose of this item is to update the City Code (Code) pertaining to portable signs. This
ordinance updates the areas where portable signs are allowed to more accurately reflect the
designated downtown areas as well as the timeframe of when a portable sign permit is valid and
the requirements to obtain a permit.
Adopted on First Reading.
12. First Reading of Ordinance No. 153, 2025, Creating a New Article VI in Chapter 24 of the
Code of the City of Fort Collins Relating to Electric Vehicle Charging by Temporary Cord
Draping.
The purpose of this item is to secure and promote the public health, safety, and general welfare
of persons using City sidewalks by regulating the placement, covering over, use, and removal of
electric vehicle charging cords located upon certain public sidewalks within the City. To expand
charging opportunities for electric vehicles for persons without dedicated off-street parking at their
residence, this proposed new City Code (Code) regulates the safe draping of an electric vehicle
charging cord across a sidewalk or other public right-of-way at the person’s residence for the
purpose of providing a charge to a curbside vehicle at the person’s residence.
Adopted on First Reading.
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13. First Reading of Ordinance No. 154, 2025, Expanding the Boundaries of the Fort Collins,
Colorado Downtown Development Authority and Amending the Plan of Development of the
Authority.
The purpose of this item is to expand the boundaries of the Fort Collins Downtown Development
Authority (the “DDA”) and amend the Plan of Development of the Authority to include a property
at 313 North Meldrum Street and adjacent street right-of-way on North Meldrum Street. The
property is a commercially zoned lot in the Old Town District and is the location of the historic
Emma Malaby Grocery building. The right-of-way is being added as a housekeeping step to more
efficiently describe the overall DDA boundary. There is no impact to the City from the inclusion of
this right-of-way.
Adopted on First Reading.
14. Items Relating to Platte River Power Authority Organic Contract and Power Supply
Contract.
A. First Reading of Ordinance No. 155, 2025, Authorizing an Amended and Restated Organic
Contract for Platte River Power Authority.
B. First Reading of Ordinance No. 156, 2025, Authorizing an Amended and Restated Contract
with Platte River Power Authority for the Supply of Electric Power and Energy.
The purpose of this item is to extend and amend the Organic Contract between Estes Park,
Longmont and Loveland (the member cities) that is the basis for Platte River Power Authority’s
(“Platte River”) existence and purpose and to extend and make modifications to the Power Supply
Agreement (“PSA”) with Platte River.
Withdrawn from Consent.
15. Resolution 2025-083 Authorizing the City Manager to Execute an Agreement with the
Colorado Water Conservation Board for Protected Mitigation Releases from the Halligan
Water Supply Project.
The purpose of this item is to seek authorization for the City Manager to execute an agreement
with the Colorado Water Conservation Board. Pursuant to the Halligan Water Supply Project:
Fish and Wildlife Mitigation and Enhancement Plan, the City will seek a Water Court decree to
protect the City’s reservoir releases from diversion by others. These are called “protected
mitigation releases” under the applicable statute. Once completed and operational, this will create
legally protected stream flows in the approximately 22 miles of the North Fork of the Cache la
Poudre River between Halligan Dam and Milton Seaman Reservoir. An agreement with the
Colorado Water Conservation Board is required to begin this effort.
Adopted.
16. Resolution 2025-084 Approving an Exception to the Competitive Purchasing Process for
the Purchase of Animal Control Services from NOCO County Humane for 2025.
The purpose of this item is to request an exception to the competitive bid process for the purchase
of services for a one-year term beginning January 1, 2026, from NOCO Humane for the operation
and management of the animal shelter. Approval of this exception may be used as authorized in
City Code Section 8-161(d)(4) as the basis for the City Manager and the Purchasing Agent to
negotiate and agree to the additional purchase of animal control services from NOCO Humane
through December 2030 without further Council approval.
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Exception to Competitive Bidding Rationale: Code Section 8-161(d)(1)(a). There exists only one
(1) responsible source.
Adopted.
17. Resolution 2025-085 Approving Participation in the Settlement with Additional Opioid
Defendants, Alvogen, Apotex, Amneal, Hikma, Indivior, Viatris, Sun, and Zydus, and a
Related Waiver of Claims.
The purpose of this item is to consider a resolution to allow the City to participate in the Colorado
Opioids Settlement with Alvogen, Apotex, Amneal, Hikma, Indivior, Viatris, Sun, and Zydus by
granting approval to sign an additional participation agreement and waiver of claims for opioid-
related damages. This is in follow-up to prior approvals of settlements with multiple other opioid
defendants, negotiated through national settlement efforts coordinated through the State of
Colorado.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to approve the
recommended actions on items 1-17, minus item 14, on the Consent Calendar.
The motion carried 7-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Pignataro commented on Item No. 7, First Reading of Ordinance No. 147, 2025,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the William Neal
and Ziegler Intersection Improvements Project and Related Art in Public Places, which she stated is
a good news item.
Councilmember Ohlson commented on Item No. 16, Resolution 2025-084 Approving an Exception to
the Competitive Purchasing Process for the Purchase of Animal Control Services from NOCO County
Humane for 2025, and asked if the $1.2 million contract is annual. Staff replied in the affirmative.
Councilmember Ohlson stated NOCO County Humane has not been enforcing the cat leash law and
noted the number one reason for the depletion of songbird species in the United States is the killing
of songbirds by domestic cats. He stated he would like to see the formula for funding contributions by
other Northern Colorado municipalities. City Manager DiMartino replied Lori Schwarz, Deputy Director
for Planning, Development, and Transportation, has been in many conversations with NOCO County
Humane regarding the fair share contribution in funding and added that staff will provide that
information in a memo to Council.
Councilmember Ohlson also requested a memo related to planned educational efforts around the
domestic cat leash law issue. City Manager DiMartino replied that will be included in the follow-up
information.
Mayor Arndt commented on Item No. 15, Resolution 2025-083 Authorizing the City Manager to
Execute an Agreement with the Colorado Water Conservation Board for Protected Mitigation Releases
from the Halligan Water Supply Project, as being a good news item.
L) STAFF REPORTS – None.
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M) COUNCILMEMBER REPORTS
Councilmember Tricia Canonico
Thanked City staff for making the 10th anniversary of Open Streets a success.
Thanked CSU for sponsoring a community breakfast focused on research partnerships.
Councilmember Susan Gutowsky
Noted the opening of the adolescent unit at Longview Behavioral Health Center.
Noted Transitions Pathways Academy opened at Poudre High School.
Attended the 40th anniversary celebration at Lee Martinez Farm.
Councilmember Melanie Potyondy
Attended the 40th anniversary celebration at Lee Martinez Farm – commended Bridgit.
Councilmember Kelly Ohlson
Was on Council 40 years ago when Lee Martinez Farm was approved on a 4-2 vote.
Mayor Jeni Arndt
Attended a learning exchange in Madison, Wisconsin with City Manager DiMartino.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
14. Items Relating to Platte River Power Authority Organic Contract and Power Supply
Contract.
A. First Reading of Ordinance No. 155, 2025, Authorizing an Amended and Restated Organic
Contract for Platte River Power Authority.
B. First Reading of Ordinance No. 156, 2025, Authorizing an Amended and Restated Contract
with Platte River Power Authority for the Supply of Electric Power and Energy.
The purpose of this item is to extend and amend the Organic Contract between Estes Park,
Longmont and Loveland (the member cities) that is the basis for Platte River Power Authority’s
(“Platte River”) existence and purpose and to extend and make modifications to the Power Supply
Agreement (“PSA”) with Platte River.
PUBLIC PARTICIPATION
None.
COUNCIL QUESTIONS/DISCUSSION
Councilmember Ohlson questioned whether this contract is being rushed and asked about the
benefits of delaying it. Deputy City Manager Tyler Marr replied the Platte River Power Authority
Board took up the initiative to update both the organic contract and the power supply agreement
last December given the amount of expected spend out of the organization over the coming years
in pursuit of the resource diversification policy. He stated this has been a thoughtful process
including engagement with the four owner communities in the form of a joint work session.
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Councilmember Ohlson questioned the necessity of a 50-year contract and whether it could be
revised earlier if needed. Deputy City Manager Marr replied the current contract runs through
2060, and this would be an extension of 15 years beyond that. He stated he would be surprised
if the documents are not updated again before 2075.
Councilmember Ohlson asked about the limits to compensation for self -generation. Deputy City
Manager Marr replied net metering is not capped in this contract and is in alignment with the new
State law. He noted any individual with a battery wall does reserve the right to the energy they
produce; however, he noted it is in the City’s and Platte River’s best interest to have the right
incentives and compensation for producers to join the virtual power plant so it can use the
resources effectively to minimize market purchases or additional generation needs.
Travis Walker, Light and Power Executive Director, noted individuals can do anything behind the
meter and it does not count toward the 1% community cap. He noted that if the virtual power
plant comes online, incentives would be offered to individuals to purchase power at a competitive
rate to help the community as a whole.
Councilmember Ohlson asked why the 1% community cap is not being raised. Deputy City
Manager Marr replied that because net metering is not restricted, it is not in the best interest of
the City as a 48% owner of Platte River Power Authority to be generating a great deal of power
by itself when it is also paying for the assets that Platte River must join. He stated the City is not
close to the 1% cap at the moment and there is no compelling need to change it.
Councilmember Ohlson inquired as to why the non-renewal of renewable energy certificates by
PRPA was not explicitly included in the contract. Deputy City Manager Marr replied that is better
served as a Board policy. He also stated the renewable energy certificates that were on the books
for the last couple of decades came out of a State requirement at the time and noted there are no
plans to use unbundled renewable energy certificates at this point.
Councilmember Ohlson asked about the elimination of terms such as ‘environmental
responsibility.’ Walker replied that was discussed at a PRPA Utility Directors meeting, and that
language was removed as it did not address the other two pillars of fiscal responsibility and
reliability and was repetitive. He stated environmental responsibility is called out in the first
paragraphs of the contract.
Councilmember Ohlson asked about not generating beyond our needs on ozone days. Deputy
City Manager Marr replied PRPA addressed the issue as part of its 1041 land use application with
the County Commissioners and it was determined that limiting the gas assets that PRPA owns to
high ozone days would be a violation of the covenants with the market. He added that he will
follow up with additional detail.
Mayor Arndt noted there has been a persistent misunderstanding of net metering noting rooftop
solar is not limited.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt
Ordinance No. 155, 2025, Authorizing an Amended and Restated Organic Contract for
Platte River Power Authority, on First Reading.
The motion carried 7-0.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Ordinance No. 156, 2025, Authorizing an Amended and Restated Contract with Platte River
Power Authority for the Supply of Electric Power and Energy, on First Reading.
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The motion carried 7-0.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
18. First Reading of Ordinance No. 157, 2025, Amending Chapter 2, Article VII, Division 2 of
the Code of the City of Fort Collins Relating to the Gift Acceptance Restrictions and the
Definitions Section of the City’s Ethics Rules.
The purpose of this item is to consider amendments to the City’s ethics rules related to gift
acceptance restrictions recommended by the Ethics Review Board. Corresponding changes to
the definitions section of the ethics rules will also be considered.
STAFF PRESENTATION
Jenny Lopez-Filkins, Senior Deputy City Attorney, stated this item and the following two are
related to City Code amendments for ethics rules. She noted the goals of ethics rules are to
ensure impartial decision making by the members of the governing body, to uphold the public
trust, to prevent corruption, and to have clear standards for those to whom the rules apply.
Lopez-Filkins commented on meetings of the Ethics Review Board between April and July
considering changes to the ethics rules specifically related to the acceptance of gifts, financial
disclosure requirements, and the reporting of gifts. She noted the draft amendments that are
being considered do include Ethics Review Board recommendations.
Regarding the acceptance of gifts, Lopez-Filkins stated unsolicited gifts are allowed to be
accepted if the value is less than $75 per current State law in a one-year period. She noted the
amendments adjust that value for inflation. Additionally, the amendments clarify or re-word some
existing prohibitions, including prohibiting payment for speeches, debates, or public appearances,
and prohibiting gifts from a donor with a matter pending before City Council. Exceptions include
reported campaign contributions, a plaque in recognition of public service, reasonable costs for
attendance at conferences or similar events, and employment compensation. New exceptions
added include financial aid or scholarships, tickets or admission to a charity event attended on
behalf of the City and the cost of admission is less than the State Constitutional provision amount,
a gift solicitation for a charitable purpose as determined to be appropriate by the City or its
affiliated entities, a gift to benefit public safety or the community, awards or prizes given at
competitions or drawings at admissions-free events, reasonable cost and frequency of City
sponsored educational events, perishable or consumable gifts given to the City or a City group,
gifts accepted in a person’s official capacity that will become City property, and discounts that are
widely available, among others.
PUBLIC PARTICIPATION
None.
COUNCIL QUESTIONS/DISCUSSION
Councilmember Potyondy requested clarification as to the awards or prizes given at competitions
or drawings at admissions-free events and asked if the exception would apply to events for which
tickets were purchased. Lopez-Filkins replied she did not recall any specific discussion about
that by the Ethics Review Board but cited an example of a City employee winning a car at a paid
event and stated the exception was written in such a way as to avoid that type of situation.
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Councilmember Ohlson asked if the $75 State limit has an inflation escalator. Lopez-Filkins
replied in the affirmative and clarified that the Code amendment does not specifically say $75 but
refers to the State Constitutional provision.
Mayor Pro Tem Francis asked how the term ‘relatives’ is defined. Lopez-Filkins replied the Code
defines relatives as a spouse or minor child of the employee or officer, or any person claimed to
be a dependent on income taxes, or any person residing in or sharing in the expenses of the
household. She stated there are currently no changes under consideration to update the word
‘spouse.’
City Attorney Daggett noted the definition of relatives matches the definition in the City Charter.
Councilmember Potyondy asked about invitations to events that may come from a means other
than Council email, but that are expected to be attended in an official capacity. Assistant City
Manager Rupa Venkatesh replied Councilmembers are advised to get in touch with the City
Manager’s Office in those instances to work with the organizations to go through a more formal
means of communication and invite all of Council as appropriate.
Councilmember Pignataro commended the work but noted there will still be questions about
specific instances in the future.
Councilmember Canonico also commended the work and the attempt to eliminate as much
ambiguity as possible.
Councilmember Pignataro inquired about the parties to whom these rules apply. Lopez-Filkins
replied the first set of amendments pertains to employees, Board and Commission members, and
elected officials.
Councilmember Ohlson asked if these changes would prohibit a gift of Lincoln Center season
tickets. Lopez-Filkins replied any such gift would need to be reported on a gift reporting form.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 157, 2025, Amending Chapter 2, Article VII, Division 2 of the Code of the City
of Fort Collins Relating to the Gift Acceptance Restrictions and the Definitions Section of
the City’s Ethics Rules, on First Reading.
The motion carried 7-0.
19. First Reading of Ordinance No. 158, 2025, Amending Chapter 2, Article VIII, Division 2 of
the Code of the City of Fort Collins Relating to Financial Disclosure Requirements.
The purpose of this item is to consider amendments to the City’s ethics rules related to financial
disclosure requirements recommended by the Ethics Review Board.
STAFF PRESENTATION
Jenny Lopez-Filkins, Senior Deputy City Attorney, stated the current financial disclosure
obligations require the Council, City Manager, and City Attorney to file quarterly reports about
their financial interests. She noted the Ethics Review Board looked at several examples related
to financial disclosure requirements, including the State and other home rule cities, and stated
the Board was in favor of not adding or deleting any existing financial disclosure categories. She
stated the Board recommended excluding compensation from the City from the obligation to
report sources of income, limiting requirements about the disclosure of property and business
interests to those within the growth management area of Fort Collins, increasing the dollar
threshold regarding investment or business interest and creditors to whom they owe money from
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$10,000 to $25,000, automatically adjusting amounts for inflations, and deleting the alternative to
filing a federal income tax return. Lopez-Filkins noted these amendments would go into effect on
January 1, 2026.
PUBLIC PARTICIPATION
None.
COUNCIL QUESTIONS/DISCUSSION
Councilmember Ohlson asked about the thinking behind limiting the requirements about the
disclosure of property and business interests to those within the growth management area. Mayor
Arndt replied safety was discussed and stated being part owner in a vacation home, for example,
has no impact on decisions made as a Councilmember, though property and business interests
within the growth management area can impact those decisions.
Councilmember Canonico noted the change also mirrors what other cities are doing.
Councilmember Ohlson asked about having an interest in a business just outside the growth
management area. Lopez-Filkins replied there was no specific discussion about that.
Councilmember Pignataro noted the amendment refers to doing business within the growth
management area, regardless of where the business is located.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Ordinance No. 158, 2025, Amending Chapter 2, Article VIII, Division 2 of the Code of the
City of Fort Collins Relating to Financial Disclosure Requirements, on First Reading.
The motion carried 7-0.
20. First Reading of Ordinance No. 159, 2025, Amending Chapter 2, Article VIII, Division 3 of
the Code of the City of Fort Collins Relating to Gift Reporting Requirements of the City’s
Financial Disclosure Rules.
The purpose of this item is to consider amendments to the City’s ethics rules related to gift
reporting requirements recommended by the Ethics Review Board.
STAFF PRESENTATION
Jenny Lopez-Filkins, Senior Deputy City Attorney, stated the current Code requires all
Councilmembers who receive gifts or other benefits to file a quarterly gift report, though no other
explanation or clarification is provided. She stated the Ethics Review Board recommended adding
some specific gift reporting obligations like other home rule cities, including not requiring the
reporting of gifts that are given or paid by the City, an entity affiliated with or formed by the City,
or an organization to which the City has appointed the Councilmember. Additionally, the Board
supported adding specific gift reporting obligations for any unsolicited item or items accepted if
valued at more than $25, the costs of conferences, seminars, events, or meetings such as fees,
meals, lodging, registration, and transportation, the cost of City-sponsored education events if the
dollar amount is higher than the amount established in State law, and the cost of meals and event
tickets given to Councilmembers and their relatives if greater than the amount established in State
law. She noted these changes would go into effect on January 1, 2026.
PUBLIC PARTICIPATION
None.
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COUNCIL QUESTIONS/DISCUSSION
Councilmember Ohlson asked about the limits to gifts from the City organization. Lopez-Filkins
replied there is no obligation to report gifts from the City.
Councilmember Ohlson suggested including ‘reasonable’ in the language for Second Reading.
Lopez-Filkins noted any gift over the State limit, currently $75, would need to be reported.
Councilmember Gutowsky asked about meals. Lopez-Filkins replied anything between $25 and
$75 would need to be reported, and anything over $75 would be prohibited.
Mayor Pro Tem Francis thanked the Ethics Review Board for its work.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Ordinance No. 159, 2025, Amending Chapter 2, Article VIII, Division 3 of the Code of the
City of Fort Collins Relating to Gift Reporting Requirements of the City’s Financial
Disclosure Rules on First Reading.
The motion carried 7-0.
P) RESUMED PUBLIC COMMENT
None.
Q) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
OB 2. Consideration of a motion to adjourn this meeting until after the completion of the
Electric Utility Enterprise Board business:
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, that Council
adjourn this meeting until after the completion of the Electric Utility Enterprise Board
business.
The motion carried 7-0.
Page 30
Item 1.
September 16, 2025
City of Fort Collins City Council Proceedings Page 367
R) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:38 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 31
Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 146, 2025, Appropriating Unanticipated
Philanthropic Revenue Received Through City Give for Various Programs and Services
as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, requests an
appropriation of $152,669.11 in philanthropic revenue received through City Give. These
miscellaneous gifts to various City departments support a variety of programs and services and
are aligned with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 32
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Emily Land, Director of Philanthropy & Strategic Partnerships
SUBJECT
Second Reading of Ordinance No. 146, 2025, Appropriating Unanticipated Philanthropic Revenue
Received Through City Give for Various Programs and Services as Designated by the Donors.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, requests an appropriation
of $152,669.11 in philanthropic revenue received through City Give. These miscellaneous gifts to various
City departments support a variety of programs and services and are aligned with both the City’s strategic
priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations in 2025 totaling $152,669.11 to support various
departments, and these funds are currently unappropriated. Both Section 2.5 of the City's Financial
Management Policy 2 – Revenue, as approved by Council, and the Administrative Philanthropic
Governance Policy 6.04, adopted by the City Manager, (together the “City Give Policies”), provide the
bases and processes for the responsible and efficient management of charitable donations to the City.
Gifts totaling $152,669.11 have been received for various programs. These gifts include: $10,000 from
Flock in support of FCPS Police Leaders Summit, $25,662.87 received from The Greer Foundation in
support of Cultural Services, $15,000 from Kentwood Real Estate in support of Cultural Services, $500
from The Ottercares Foundation in support of Volunteer Services, $2,000 from The Bohemian Foundation
in support of FC Moves, $87,000 from NoCo Foundation Senior Center Endowment Fund to support The
Senior Center, $500 from United Healthcare to support The HR Wellness Fair, $500 from MyWoosah to
support the HR Wellness Fair, $500 from Marathon Health to support the HR Wellness Fair, $500 from
Nationwide to support the HR Wellness Fair, $40 from Benevity in support of Volunteer Services, $1,500
Page 33
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
from the Kenneth and Myra Monfort Charitable Foundation in support of Forestry, $,8,966.24 and received
from individual donors in support of various departments and programs.
The respective donors have directed the City to use these generous donations for designated purposes
within, and to benefit, City service areas and programs.
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will appropriate in the current fiscal year into the Funds as detailed in the
table below in new philanthropic revenue received through City Give in the amount of $152,699.11 and
authorize expenditures against those revenues for the purposes and in the amounts as directed by donors
to support various City departments to support a range of programs and services.
The donations will be spent from the designated fund solely for the donors’ intended purpose. The funds
have been received and accepted according to City Give Policies.
Fund Amount
General Fund $ 13,540.00
Cultural Services Fund $ 41,819.87
Light & Power Fund $ 8.24
Recreation Fund $ 87,801.00
Benefits Fund $ 2,500.00
Transportation Fund $ 7,000.00
The City Manager has also determined that these appropriations are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/
1. Ordinance No. 146, 2025
Page 34
Item 2.
-1-
ORDINANCE NO. 146, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE RECEIVED THROUGH CITY GIVE FOR VARIOUS
PROGRAMS AND SERVICES AS DESIGNATED BY THE
DONORS
A. The City has received generous donations in 2025 through its City Give
program, both large and modest, as philanthropic gifts to the public and the City programs
and activities to serve the community.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting programs or capital
expenses throughout the city, including, but not limited to, public safety, cultural services,
senior programs, public health, employee health, parks and recreation, and utility
payment assistance.
C. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplement al
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
D. The City Manager has recommended the appropriations described in
Section 1 of this Ordinance and determined that the amount of each of these
appropriations are available and previously unappropriated from the respective funds
named in Section 1 will not cause the total amount appropriated in each such fund to
exceed the current estimate of actual and anticipated revenues to be received in those
funds during this fiscal year.
E. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds, a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiratio n of the donation or the
City’s expenditure of all funds received from such donation .
F. The City Council wishes to designate the appropriation herein for the
donation to the Payment Assistance Fund as appropriations that shall not lapse until the
earlier of the expiration of the donation or the City’s expenditure of all funds received from
such donation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 35
Item 2.
-2-
Section 1. There is hereby appropriated from the following funds these amounts
of philanthropic revenue received in 2025 to be expended as designated by the donors in
support of the various City programs and services as described in the Agenda Item
Summary.
Fund Amount
General Fund $13,540.00
Cultural Services & Facilities Fund $41,819.87
Light & Power Fund, donation to the Payment Assistance Fund $8.24
Recreation Fund $87,801.00
Benefits Fund $2,500.00
Transportation Fund $7,000.00
Section 2. The appropriation herein for the donation to the Payment Assistance
Fund is hereby designated, as authorized in Article V, Section 11 of the City Charter, as
an appropriation that shall not lapse at the end of this fiscal year but until the earlier of
the expiration of the donation or the City’s expenditure of all funds received from such
donation.
Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
Page 36
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 147, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the William Neal and Ziegler Intersection
Improvements Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, appropriates
and transfer additional funds for the William Neal and Ziegler Intersection Improvements project
(Project). The funds will be used for construction services. If approved, this item will: 1)
appropriate $388,773 in Transportation Capital Expansion Fee (TCEF) funds to the Project; 2)
appropriate $77 in Transportation Services funds to the Project; 3) transfer $85,000 in
Conservation Trust funds to the Project; 4) transfer $45,000 in Community Capital Improvement
Program (CCIP) Pedestrian Sidewalk funds to the Project; and transfer $3,850 of Project funds
to the Art in Public Places (APP) program.
Page 37
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
John Gerwel, Project Manager
Tracy Dyer, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second Reading of Ordinance No. 147, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the William Neal and Ziegler Intersection Improvements Project and
Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, appropriates and transfer
additional funds for the William Neal and Ziegler Intersection Improvements project (Project). The funds
will be used for construction services. If approved, this item will: 1) appropriate $388,773 in Transportation
Capital Expansion Fee (TCEF) funds to the Project; 2) appropriate $77 in Transportation Services funds
to the Project; 3) transfer $85,000 in Conservation Trust funds to the Project; 4) transfer $45,000 in
Community Capital Improvement Program (CCIP) Pedestrian Sidewalk funds to the Project; and transfer
$3,850 of Project funds to the Art in Public Places (APP) program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The intersection of William Neal Parkway and Ziegler Road is currently side street stop-controlled with high
speeds and volumes on Ziegler Road (See Vicinity Map, Attachment 1). Pedestrian and bicycle demand
increased following the construction of residential housing to the west (Rigden Farm) including a local trail
(Rendezvous Trail), and the Poudre River Trail segments to the east. City staff anticipate a full traffic signal
will be warranted at the intersection soon with new development to the east. However, the need to address
pedestrian and cyclist safety exists today. It is anticipated that demand for a safe intersection crossing will
quickly grow. The Project would close the gap between a local trail and neighborhood and the Poudre River
Trail, providing safe connections to Running Deer and Arapaho Bend Natural Areas, as well as the
Colorado State University Environmental Learning Center. Because of the extents of the Poudre River
Trail, the Project will increase access to schools, natural areas, transit, and the regional community.
The Project will install enhanced at-grade bicycle and pedestrian facilities at the intersection. In addition,
the Project will improve connectivity to the Poudre River Trail in the vicinity where the Poudre River Trail
crosses the Great Western Railway. Improvements at the intersection will meet the requirements of the
Americans with Disabilities Act (ADA), eliminating or mitigating existing roadway hazards. The Project will
Page 38
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
install pedestrian and bike count collection infrastructure. The data will be shared with the North Front
Range Metropolitan Planning Organization (NFRMPO) and Colorado Department of Transportation
(CDOT). Signage and wayfinding will be included in the Project similarly to other City trail projects.
The Project is not explicitly defined in the NFRMPO 2021 Regional Active Transportation Plan (RATP).
However, the need for safe local trail connections to the Poudre River Trail is identified and the Project will
provide such a connection. Staff have requested the local connection be included in the 2025 update to
the RATP. The City‘s Active Modes Plan identifies these improvements. This intersection is routinely used
in the Safe Routes to School (SRTS) training rides with students.
Staff initially submitted to the NFRMPO for Transportation Alternatives Program (TAP) funding for the
Project in 2021. The Project was waitlisted at that time. Additional funding became available in 2023 as
part of Infrastructure Investment and Jobs Act (IIJA) and the TAP funds were awarded. These funds were
appropriated by Council in September 2023 (Attachment 2). Since the original scope of the Project was
developed, additional elements have been included that have increased the total cost of the Project. These
elements include a full traffic signal (rather than the half-signal included in the TAP application), ADA
improvements, and trail elements. The requested appropriations and transfers are intended to cover these
additional Project costs.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the William Neal and Ziegler Intersection Improvements project.
The total fund amount projected for this Project is $1,244,103 composed of funds appropriated or
transferred with prior actions and with this action. The APP contribution for this action is based on the newly
appropriated amount of $385,000 from the TCEF and Transportation Services funds ($384,923 TCEF and
$77 Transportation Services funds). The APP contribution is included in the total appropriation from TCEF
and Transportation Services funds in the chart above.
Transportation Alternatives Program (TAP)603,624$
Our Climate Future Fund (OCF)70,700$
Community Capital Improvement Program - Bicycle
Infrastructure Improvements (CCIP-BII)55,479$
Art in Public Places(APP)(700)$
Total Prior Appropriation 729,103$
Transportation Capital Expansion Fee (TCEF)388,773$
Transportation Services Fund (TSF)77$
Conservation Trust Fund (CTF)85,000$
Community Capital Improvement Program - Pedestrian
Sidewalk (CCIP-PS)45,000$
Net Total Project Funds to be Appropriated 518,850$
Proposed Transfer to Art in Public Places 3,850$
Total Capital Project Funds 1,244,103$
Funds to be Appropriated or Transferred
Prior Appropriated or Transferred Funds
Page 39
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project was identified as part of the Active Modes Plan adopted by Council in December 2022.
PUBLIC OUTREACH
FC Moves staff developed and implemented a Public Engagement Plan for the Project in conjunction with
the Communications and Public Involvement Office. The Project was presented at the 2024 and 2025
Transportation Project Fairs as part of a group of pedestrian intersection improvement projects. A Project
map and web site were completed in August 2025. The community surrounding the Project location was
sent informational postcards in early Summer 2025. When a construction start date is set, fact sheets and
signage will provide additional information in advance to the community.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 147, 2025
Page 40
Item 3.
-1-
ORDINANCE NO. 147, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE WILLIAM NEAL
AND ZIEGLER INTERSECTION IMPROVEMENTS PROJECT
AND RELATED ART IN PUBLIC PLACES
A. This proposed Ordinance concerns the design and construction of and
funding for an at-grade bicycle and pedestrian crossing, signal, and Americans with
Disabilities Act (“ADA”) improvements at the intersection of William Neal Parkway and
Ziegler Road to provide a safe crossing point between local trail infrastructure and
residential development to the west and Poudre River Trail segments to the east.
B. The intersection of William Neal Parkway and Ziegler Road is currently side
street stop-controlled with high speeds and volumes on Ziegler Road. Current pedestrian
and bicycle demand at the intersection is high after the construction to the west of
residential housing (“Rigden Farm”) and a local trail (“Rendezvous Trail”), and the Poudre
River Trail segments.
C. Pedestrian and cyclist safety is an existing concern, and City staff
anticipates that demand for a safe intersection crossing will quickly grow with additional
anticipated residential and recreational development. City staff anticipate a full traffic
signal will be warranted at the intersection in the future, an increase from the half-signal
anticipated earlier in the concept design.
D. The William Neal and Ziegler Intersection Improvements Project (the
“Project”) has been developed to improve bicycle and pedestrian safety, to improve all
modes of traffic flow at the Willian Neal/Ziegler Intersection, and to further develop the
City’s transportation infrastructure and interconnected trail network.
E. The Project will install enhanced at-grade bicycle and pedestrian facilities
at the intersection. In addition, the Project will improve connectivity to the Poudre River
Trail in the vicinity where the Poudre River Trail crosses the Great Western Railway. The
Project will close the gap between a local trail and neighborhood and the Poudre River
Trail, providing safe connections to Running Deer and Arapaho Bend Natural Areas, as
well as the Colorado State University Environmental Learning Center. Because of the
extents of the Poudre River Trail, the Project will increase access to schools, parks,
transit, and the regional community.
F. Improvements at the intersection will meet the requirements of the A DA,
eliminating or mitigating existing roadway hazards.
G. Signage and wayfinding will be included in the Project similarly to other City
trail projects.
Page 41
Item 3.
-2-
H. The Project will install pedestrian and bike count collection infrastructure.
Data collected from this infrastructure will be shared with the North Front Range
Metropolitan Planning Organization (“NFRMPO”) and the Colorado Department of
Transportation (“CDOT”). Although the Project is not explicitly defined in the NFRMPO
Regional Active Transportation Plan (2021), the need for safe local trail connections to
the Poudre River Trail is identified. The Project will provide such a connection.
I. The City’s Active Modes Plan recommends these improvements. This
intersection is routinely used in the Safe Routes to School (“SRTS”) training rides with
students.
J. City staff initially submitted to the NFRMPO for federal Transportation
Alternatives Program (“TAP”) funding for the Project in 2021. The Project was waitlisted
at that time. Additional funding became available in 2023 as part of Infrastructure
Investment and Jobs Act (“IIJA”), and the TAP funds were awarded. These funds were
appropriated by City Council in September 2023 (Ordinance No. 129, 2024).
K. Since the original scope of the Project was developed, additional elements
have been included that have increased the total cost of the Project. These elements
include a full traffic signal (rather than the half-signal included in the TAP application),
ADA improvements, and trail elements. The requested appropriations and transfers are
intended to cover these additional Project costs.
L. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
M. The City Manager has recommended the appropriations described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Transportation Capital Expansion Fee fund and the
Transportation Services fund and that these appropriations will not cause the total amount
appropriated in the Transportation Capital Expansion Fee fund and the Transportation
Services fund to exceed the current estimate of actual and anticipate d revenues and all
other funds to be received in these funds during this fiscal year
N. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
Page 42
Item 3.
-3-
O. The City Manager has recommended the transfer of $388,773 from the
Transportation Capital Expansion Fee fund to the Capital Projects fund, $77 from the
Transportation Services fund to the Capital Projects fund, $85,000 from the Conservation
Trust fund to the Capital Projects fund, and $45,000 for the Community Capital
Improvement Program Pedestrian Sidewalk budget in the Capital Project s fund to the
William Neal and Zieglar Project budget in the Capital Projects fund and has determined
that the purpose for which the transferred funds are to be expended remains unchanged.
P. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires that one percent of these appropriations
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in
Public Places (“APP”) program.
Q. The total Project cost of $385,000 has been used to calculate the
contribution to the APP program.
R. The amount to be contributed in this Ordinance will be $3,850.
S. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital project.
T. The City Council wishes to designate the appropriation s herein for the
William Neal and Ziegler Intersection Improvements Project as appropriations that shall
not lapse at the end of the fiscal year in which the appropriation s are made but continue
until the completion of the Project.
U. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents and traveling public of Fort Collins and serve the public purpose
of improving multimodal transportation infrastructure within the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee fund the amount of THREE HUNDRED EIGHTY-
EIGHT THOUSAND SEVEN HUNDRED SEVENTY-THREE DOLLARS ($388,773) to be
expended in the Transportation Capital Expansion Fee fund for transfer to the Capital
Projects fund and appropriated therein to be expended for the William Neal and Ziegler
Intersection Improvements Project.
Section 2. There is hereby appropriated from prior year reserves in the
Transportation Services fund the amount of SEVENTY-SEVEN DOLLARS ($77) to be
expended in the Transportation Services fund for transfer to the Capital Projects fund and
Page 43
Item 3.
-4-
appropriated therein to be expended for the William Neal and Ziegler Intersection
Improvements Project.
Section 3. The unexpended and unencumbered appropriated amount of
EIGHTY-FIVE THOUSAND DOLLARS ($85,000) is authorized for transfer from the
Conservation Trust fund to the Capital Projects fund and appropriated therein to be
expended for the William Neal and Ziegler Intersection Improvements Project.
Section 4. The unexpended and unencumbered appropriated amount FORTY-
FIVE THOUSAND DOLLARS ($45,000) is authorized for transfer from the Community
Capital Improvement Program Pedestrian Sidewalk Budget in the Capital Project s fund
to the William Neal Ziegler Budget in the Capital Projects fund and appropriated therein
to be expended for the William Neal and Ziegler Intersection Project.
Section 5. The unexpended and unencumbered appropriated amount of
THREE THOUSAND THREE DOLLARS ($3,003) in the Capital Projects fund is hereby
authorized for transfer to the Cultural Services and Facilities fund and appropriated and
expended therein to fund art projects under the APP program.
Section 6. The unexpended and unencumbered appropriated amount of
SEVEN HUNDRED SEVENTY DOLLARS ($770) in the Capital Project fund is hereby
authorized for transfer to the Cultural Services and Facilities fund and appropriated and
expended therein for the operation costs of the APP program.
Section 7. The unexpended and unencumbered appropriated amount of
SEVENTY-SEVEN DOLLARS ($77) in the Capital Project fund is hereby authorized for
transfer to the Cultural Services and Facilities fund and appropriated and expended
therein for the maintenance costs of the APP program.
Section 8. The appropriations herein for the William Neal and Ziegler
Intersection Improvements Project are hereby designated, as authorized in Article V,
Section 11 of the City Charter, as appropriations that shall not lapse at the end of this
fiscal year but continue until the completion of the Project.
Page 44
Item 3.
-5-
Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Heather N. Jarvis
Exhibit: None
Page 45
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 148, 2025, Making Supplemental Appropriation of
Colorado Office of Economic Development and International Trade for the Colorado
CHIPS Community Support Program Marketing Grant Funds in the General Fund.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, appropriates
$25,000 of unanticipated revenue from the Colorado Office of Economic Development and
International Trade for the Colorado Creating Helpful Incentives to Produce Semiconductors
(CHIPS) Community Support Program Marketing grant. This grant provides funding to the
Economic Health Office for marketing and promotional activities targeted at semiconductor
ecosystem companies and advanced industries.
Page 46
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
SeonAh Kendall, Director, Economic Sustainability
Tyler Menzales, Senior Manager, Economic Sustainability
Carisa Clinton, Senior Grants Analyst
SUBJECT
Second Reading of Ordinance No. 148, 2025, Making Supplemental Appropriation of Colorado
Office of Economic Development and International Trade for the Colorado CHIPS Community
Support Program Marketing Grant Funds in the General Fund.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, appropriates $25,000 of
unanticipated revenue from the Colorado Office of Economic Development and International Trade for the
Colorado Creating Helpful Incentives to Produce Semiconductors (CHIPS) Community Support Program
Marketing grant. This grant provides funding to the Economic Health Office for marketing and promotional
activities targeted at semiconductor ecosystem companies and advanced industries.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Colorado General Assembly adopted HB23-1260 on May 2023 to create a state income tax credit
opportunity for businesses in semiconductor and advance manufacturing, as well as creation of CHIPS
Zones, for eligible businesses within a geographical area. With the adoption of Resolution 2023-052, Fort
Collins proposed the first CHIPS Zone to encourage and support investments in semiconductor
manufacturing.
Colorado and particularly the Front Range is among a handful of places in the U.S. with a strong
concentration of semiconductor manufacturing and design. In late 2023, the Colorado Office of Economic
Development & International Trade (OEDIT) announced the creation of the Colorado CHIPS Community
Support Program to spur investment in semiconductors and other advanced technologies in the state. To
support future growth, OEDIT launched three grant programs to spread the development of semiconductor
and advanced industry ecosystems across the state, including a competitive process to award marketing
grants (Marketing Grants to tribal and local governments).
The City’s Economic Health Office applied for a Marketing Grant, for which OEDIT awarded $25,000 to the
City to perform marketing efforts to raise awareness of the local community to stakeholders in th e
semiconductor and advanced industries outside of Colorado to attract new businesses and increase
Page 47
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
semiconductor production within our region. The marketing activities that are planned include bringing
awareness to local companies in the semiconductor industry, which includes research and development,
as well as manufacturing.
CITY FINANCIAL IMPACTS
This item authorizes the City Manager to accept the grant and obligate the City to comply with the terms
and conditions of the grant of the award and appropriates $25,000 in unanticipated revenue and authorizes
expenditures against those revenues for the purpose of providing promotional activities by the Economic
Health Office towards attracting semiconductor ecosystem companies and advanced industries to the City.
The Marketing Grant is reimbursement based, meaning General Fund expenses will be reimbursed for
eligible expenses incurred up to $25,000.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 148, 2025
Page 48
Item 4.
- 1 -
ORDINANCE NO. 148, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATION OF COLORADO
OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL
TRADE FOR THE COLORADO CHIPS COMMUNITY SUPPORT
PROGRAM MARKETING GRANT FUNDS IN THE GENERAL
FUND
A. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public's health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated.
B. City Council, by adoption of Resolution 2023-052, approved the boundaries
of a proposed semiconductor manufacturing zone (CHIPS Zone), to maximize the
opportunity for Colorado businesses to access federal funding through "American Rescue
Plan Act of 2021", the "Creating Helpful Incentives to Produce Semiconductors and
Science Act of 2022", or other similar federal legislation, as well as to be eligible for state
tax-credits authorized by House Bill 23-1260.
C. Related to its administration of House Bill 23-1260, the Colorado Office of
Economic Development and International Trade (“OEDIT”) created a Colorado CHIPS
Community Support Program to spur investment, which included grant opportunities for
tribal and local governments.
D. On August 15, 2025, OEDIT awarded the City’s Economic Health Office a
$25,000 Colorado CHIPS Community Support Program Marketing Grant (the “Award
Notice – Purchase Order and Statement of Work”) attached hereto as Exhibit A and
incorporated by this reference, and the grant terms and conditions (the “State of Colorado
Small Dollar Grant Award Terms and Condition s”) attached hereto as Exhibit B and
incorporated by this reference, for the purposes of attracting new businesses and
increasing semiconductor production within the City and surrounding areas.
E. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
F. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation will not cause the total
amount appropriated in the General Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
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Item 4.
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G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or donation or the City’s expenditure of all funds received from such
grant or donation.
H. The City Council wishes to designate the appropriation herein for the
Colorado CHIPS Community Support Program Marketing Grant as an appropriation that
shall not lapse until the earlier of the expiration of the grant or the City’s expenditure of all
funds received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to be
expended in the General Fund for the Colorado CHIPS Community Support Program
Marketing Grant.
Section 2. The appropriation herein for the Colorado CHIPS Community
Support Program Marketing Grant is hereby designated, as authorized in Article V,
Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this
fiscal year but continue until the earlier of the expiration of the grant or the City’s
expenditure of all funds received from such grant.
Section 3. The City Council authorizes the City Manager or their designee to
accept the grant and obligate the City to comply with the terms and conditions of the grant
of the award.
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Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Dianne Criswell
Exhibit: Exhibit A: Award Notice – Purchase Order and Statement of Work
Exhibit B: State of Colorado Small Dollar Grant Award Terms and
Conditions
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Item 4.
STATE OF COLORADO
Office of the Governor
Office of Economic Development
Page 1 of 1
ORDER *****IMPORTANT*****
Number:POGG1,EDAA,202600002253 The order number and line number must appear on all
invoices, packing slips, cartons, and correspondence.Date:8/15/25
Description:
Colorado CHIPS Community Support Program Market
Study grant
BILL TO
Office of Economic Development and International
Trade
1600 Broadway Suite 2500
DENVER, CO 80202
Effective Date:08/14/25
Expiration Date:10/31/26
SHIP TO
Buyer:Aaron Bushman Office of Economic Development and International
Trade
1600 Broadway Suite 2500
DENVER, CO 80202
Email:aaron.bushman@state.co.us
CITY OF FORT COLLINS
City Hall West
300 La Port Avenue; P.O. Box 580
Fort Collins, CO 80522-0580
Delivery/Install Date:
FOB:EFT REMIT
Phone:
Grantee to complete tasks and deliverables per Exhibit A, Statement of Work attached and incorporated herein.
OEDIT Point of Contact: Dan Salvetti at daniel.salvetti@state.co.us
Line Item Commodity/Item Code UOM QTY Unit Cost Total Cost MSDS Req.
1 0 0.00 $25,000.00
Description: Colorado CHIPS Community Support Program Market Study
grant
TERMS AND CONDITIONS
https://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL = $25,000.00
EXHIBIT A TO ORDINANCE NO. 148, 2025
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Exhibit A Version 06.2024
Exhibit A, Statement of Work
1.Project Description
A.In 2022, the federal government enacted the CHIPS (Creating Helpful Incentives to Produce
Semiconductors) and Science Act to spur investment in semiconductors and other advanced
technologies in the United States. The Colorado General Assembly, in early 2023, passed two bills that
created new programs and directed funding to support efforts to draw in the federal funding and
private investments of the CHIPS Act: HB23-1260 and SB23-137.
B.The latter, SB23-137, appropriated funding from the General Fund to the Colorado Economic
Development Fund to “use in connection with the federal [CHIPS] and Science Act of 2022.” The Office
of Economic Development and International Trade (herein after called “OEDIT” or “State”), through
consultation with stakeholders and with a particular focus on creating benefits for rural and
underserved communities, designed a suite of three grants known as the Colorado CHIPS Community
Support Program (CCCSP) to expend most of this funding. The CCCSP received approval from the
Colorado Economic Development Commission in late 2023.
C.OEDIT agrees to award the City of Fort Collins (hereinafter called “Grantee”) with a Colorado CHIPS
Community Support Program (CCCSP) Marketing grant. This grant award shall be used to fund
marketing and promotional activities targeted to semiconductor ecosystem companies and advanced
industries.
2.Parties
OEDIT Point of Contact:
Dan Salvetti, Semiconductor Industry Manager
Daniel.salvetti@state.co.us
720-601-5055
Colorado Office of Economic Development and International Trade
1600 Broadway, Suite 2500
Denver, CO 80202
Grantee Point of Contact:
City of Fort Collins
Seonah Kendall, Economic Health Analyst
skendall@fcgov.com
(970) 416-2164
P.O. Box 580
Fort Collins, CO 80522
3.Work Tasks, Deliverables and Timeline
A.Project Narrative
EXHIBIT A TO ORDINANCE NO. 148, 2025
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Item 4.
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Exhibit A Version 06.2024
i)This CCCSP Marketing Grant will provide funding to the City of Fort Collins to hire a contractor to
perform a marketing effort in the designated region. The marketing effort will consist of
promotional activities targeted at the semiconductor ecosystem and advanced industries. The
marketing effort should raise awareness of the local community to stakeholders in the
semiconductor and advanced industries outside of Colorado by emphasizing a unique community
asset that is relevant for those sectors.
ii)This grant will allow the Recipient the ability to pursue a marketing effort based on the City of Fort
Collins. The deliverable for the Marketing Grant will be variable based on the applicant’s plan, but
should include the following:
(1)Executive summary of the marketing effort, including targets, goals, and expected effects of the
marketing effort;
(2)Detailed distribution of funding across marketing and media platforms;
(3)Timeline of marketing strategy;
(4)Description of unique asset to be highlighted to the semiconductor and advanced industry
sectors;
(5)Any associated efforts designed to interact with the marketing effort.
iii)As stated above, the outcome of the funds’ use should be an elevation of awareness of the local
community to stakeholders in the semiconductor ecosystem and advanced industry sectors outside
of Colorado, by emphasizing a unique community asset that is relevant for those sectors.
B.Timeline
Task / Deliverable Description Due
Grantee to begin the contractor selection process One month after execution
Grantee to select Contractor Four months after execution
Contractor begins work Five months after execution
Draft Marketing Report completed Fourteen months after execution
Final delivery of Marketing Report to Grantee Fifteen months after execution
4.Acceptance Criteria
A.Contractor Selection
The State of Colorado requires fair and open competition when purchasing goods and services. The
Grantee shall attempt to collect at least three written bids from potential contractors before making a
final selection.
i)The Grantee will provide to OEDIT’s Semiconductor Industry Manager (herein after called “Program
Manager”) their Contractor selection via email per Section 3.B. Timeline. The Grantee shall
provide the following information:
a.) An identification of the selected bidder, along with an explanation of the choice, including
qualifications and capabilities.
b.) An evaluation of all the contractor’s qualifications, capacity to perform the work, milestones
and deadlines, and budgets.
EXHIBIT A TO ORDINANCE NO. 148, 2025
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Item 4.
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Exhibit A Version 06.2024
B. Progress/Draft Report
During the ten-month period between contractor selection and completing the draft of the Marketing
Report, in which the contractor will perform the work relevant to complete the marketing effort (data
collection, analysis, drafting, etc.).
i.) The Grantee will provide the Program Manager monthly progress reports, to include the following:
a.) A simple indication of one of the following choices:
(1) Ahead of schedule
(2) On schedule
(3) Delayed
b.) A simple description of the contractor’s progress compared to the predetermined milestones
and deadlines.
c.) If relevant, a description of planned interventions to get the project back on schedule.
ii.) A draft report shall be submitted per Section 2 .B. Timeline. Along with invoices and supporting
documents.
5. Monitoring and Compliance
A. Draft Marketing Report
i) The Grantee will provide to the Program Manager a copy of the draft Marketing Report as an
attachment via email by the due date matching the description in Section 3.A. i. and ii.
ii) The Program Manager will review the draft report and respond via email that the deliverable is or
is not accepted within one week after receipt.
iii) Reasons for non-acceptance will be limited to the following:
(1) The draft report does not contain all of the sections listed in Section 3.A.ii.
(2) The draft report is lacking sufficient detail.
(3) The marketing activities contained therein are not applicable to elevation of awareness of the
local community to stakeholders in the semiconductor and advanced industries outside of
Colorado.
iv) Should this deliverable not be accepted for one or more of the reasons shown the Grantee will
have 30 days to correct the issue and an Amendment will need to be issued to extend the Timeline
details.
v) The Program Manager will have one week to accept the revised draft report. If the Program
Manager is unable to accept at this time, this Small Dollar Grant Award will be terminated.
B. Final Report
EXHIBIT A TO ORDINANCE NO. 148, 2025
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Item 4.
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Exhibit A Version 06.2024
The Grantee will provide to the Program Manager a copy of the final report as an attachment via email
by the due date matching the description in Section 3. B. Timeline
6. Budget
A. The maximum amount payable under this Purchase Order to Grantee by OEDIT shall be $25,000. as
determined by the State from available funds. Satisfactory performance under the terms of this Small
Dollar Grant Award shall be a condition precedent to OEDIT’s obligation to compensate the Grantee.
B. This Small Dollar Grant Award will fund the items defined under the Project Narrative, Tasks, and
Deliverables.
C. Allowable Use of Funds:
i) Contractor Personnel Reimbursable Hours or Fees
(1) Creative Development
(a) Graphic Design
(b) Copywriting
(c) Video Production
(d) Photography
(2) Market Research
(a) Audience Segmentation
(b) Competitive Analysis
(c) Consumer Insights
(3) Tracking and Analytics
(a) Tracking and measuring KPIs
(b) Analyzing metrics
(c) Generating reports
ii) Other Costs
(1) Media Placement Fees
(2) Search Engine Optimization Fees
(3) Printing/Shipping Costs
D. This grant does not reimburse travel expenses that are not directly related to the Allowable Use of
Funds in Section C. All travel needs to be pre-approved by the OEDIT Program Manager and shall not
exceed $10,000.
E. Grant Administration expenses shall not exceed $5,000.
F. Unallowable Expenses:
i) Purchases with no receipts or no contract
ii) Promotional expenses for the Recipient or Contractor not related to the selection of a contractor or
input from community members
iii) Personal expenses incurred during travel that are primarily for the benefit of the traveler and not
directly related to the relocation, such as premium add-on costs on airline tickets
iv) Certain insurance coverage, including supplemental life insurance for airlines, trip cancellation
insurance, personal accident and personal effects insurance on rental vehicles, collision damage
EXHIBIT A TO ORDINANCE NO. 148, 2025
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Item 4.
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Exhibit A Version 06.2024
waiver on rental vehicles, and supplemental liability insurance, except for the $1,000,000 insurance
on rental vehicles
v) Alcohol and dispensary related expenses
vi) Food and beverage
vii) Lobbying activities, political contributions, donations and activities
viii) Charitable or pass-through contributions
ix) Promotional giveaways or gift cards
x) Entertainment /entertainers, social events, amusement and hospitality activities
xi) Traffic fines, parking tickets
xii) Legal fees, unless specifically necessary for the project
xiii) Reimbursing staff or board members for personal expenses
xiv) Incentives to staff/participants/volunteers, including luncheons
xv) On-going operational expenses, such as office rent, internet, accounting fees (supplanting)
7. Payment
A. Payments will be made by reimbursement request, and must include, at a minimum, the invoice plus
documentation to provide proof of work completed and bids obtained before purchase.
B. Grantee should submit reimbursement requests monthly.
C. Grant funds are subject to availability and expiration of this Small Dollar Grant Award. Funds not
invoiced by the Small Dollar Grant Award term expiration date may not be paid, absent any extensions
for time or early termination by either party. Notwithstanding any other provision of this Small Dollar
Grant Award, OEDIT will not be responsible for payment of any Grant Funds after the Expiration Date.
EXHIBIT A TO ORDINANCE NO. 148, 2025
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Item 4.
EXHIBIT B TO ORDINANCE NO. 148, 2025
1
Note: This document is the generally applicable grant terms and conditions, titled
“Colorado Small Dollar Grant Award Terms and Conditions,” incorporated by reference on
page 4 of the “Colorado CHIPS Community Support Program Market Study Grant Award
Notice – Purchase Order and Statement of Work.”
Available at: https://www.colorado.gov/osc/purchase-order-terms-conditions.
State of Colorado Small Dollar Grant Award Terms and
Conditions
Offer/Acceptance.
This Small Dollar Grant Award, together with these terms and conditions (including, if
applicable, Addendum 1: Additional Terms and Conditions for Information Technology, and
Addendum 2: Additional Terms and Conditions for Federal Provisions, below), and any other
attachments, exhibits, specifications, or appendices, whether attached or incorporated by
reference (collectively the “Agreement”) shall represent the entire and exclusive agreement
between the State of Colorado, by and through the agency identified on the face of the Small
Dollar Grant Award (“State”) and the Subrecipient identified on the face of the Small Dollar
Grant Award (“Grantee”). If this Agreement refers to Grantee’s bid or proposal, this Agreement
is an ACCEPTANCE of Grantee’s OFFER TO PERFORM in accordance with the terms and
conditions of this Agreement. If a bid or proposal is not referenced, this Agreement is an OFFER
TO ENTER INTO AGREEMENT, subject to Grantee’s acceptance, demonstrated by Grantee’s
beginning performance or written acceptance of this Agreement. Any COUNTER-OFFER
automatically CANCELS this Agreement, unless a change order is issued by the State accepting a
counter-offer. Except as provided herein, the State shall not be responsible or liable for any
Work performed prior to issuance of this Agreement. The State’s financial obligations to the
Grantee are limited by the amount of Grant Funds awarded as reflected on the face of the
Small Dollar Grant Award.
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EXHIBIT B TO ORDINANCE NO. 148, 2025
2
Order of Precedence.
In the event of a conflict or inconsistency within this Agreement, such conflict or inconsistency
shall be resolved by giving preference to the documents in the following order of priority: (1) if
applicable, Addendum 2: Additional Terms and Conditions for Federal Provisions, below; (2) the
Small dollar Grant Award document; (3) these terms and conditions (including, if applicable,
Addendum 1 below); and (4) any attachments, exhibits, specifications, or appendices, whether
attached or incorporated by reference. Notwithstanding the above, if this Agreement has been
funded, in whole or in part, with a Federal Award, in the event of a conflict between the
Federal Grant and this Agreement, the provisions of the Federal Grant shall control. Grantee
shall comply with all applicable Federal provisions at all times during the term of this
Agreement. Any terms and conditions included on Grantee’s forms or invoices not included in
this Agreement are void.
Changes.
Once accepted in accordance with §1, this Agreement shall not be modified, superseded or
otherwise altered, except in writing by the State and accepted by Grantee.
Definitions.
The following terms shall be construed and interpreted as follows: (a) “Award” means an award
of Federal financial assistance, and the grant setting forth the terms and conditions of that
financial assistance, that a Non-Federal Entity receives or administer.;(b) “Budget” means the
budget for the Work described in this Agreement; (c) “Business Day” means any day in which
the State is open and conducting business, but shall not include Saturday, Sunday or any day on
which the State observes one of the holidays listed in CRS §24-11- 101(1); (d) “UCC” means the
Uniform Commercial Code in CRS Title 4; (e) “Effective Date” means the date on which this
Agreement is issued as shown on the face of the Small Dollar Grant Award; (f) “Federal Award”
means an award of federal financial assistance or a cost-reimbursement contract, by a Federal
Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the
terms and conditions of the Federal Award, which terms and conditions shall flow down to the
Award unless such terms and conditions specifically indicate otherwise. The term does not
include payments to a contractor or payments to an individual that is a beneficiary of a Federal
program; (g) “Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1; (h) “Grantee” means the party or parties identified as
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EXHIBIT B TO ORDINANCE NO. 148, 2025
3
such in the Grant to which these Terms and Conditions apply. Grantee also means Subrecipient;
(i) “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Agreement; (j) “Matching Funds”
mean the funds provided by the Grantee to meet cost sharing requirements described in this
Agreement; (k) “Non-Federal Entity” means a State, local government, Indian tribe, institution
of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or
Subrecipient; (l) “Recipient” means the State agency identified on the face of the Small Dollar
Grant Award; (m) “Subcontractor” means third parties, if any, engaged by Grantee to aid in
performance of the Work; (n) “Subrecipient” means an entity that receives a subaward from a
pass-through entity to carry out part of a Federal award. The term subrecipient does not
include a beneficiary or participant. A subrecipient may also be a recipient of other Federal
awards directly from a Federal agency; (o) “Uniform Guidance” means the Office of
Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down
to awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise; and (p) “Work” means the goods delivered or
services, or both, performed pursuant to this Agreement and identified as Line Items on the
face of the Small Dollar Grant Award.
Delivery.
Grantee shall furnish the Work in strict accordance with the specifications and price set forth in
this Agreement. The State shall have no liability to compensate Grantee for the performance of
any Work not specifically set forth in the Agreement.
Rights to Materials.
[Not Applicable to Agreements issued either in whole in part for Information Technology, as
defined in CRS § 24-37.5-102(2); in which case Addendum 1 §2 applies in lieu of this section.]
Unless specifically stated otherwise in this Agreement, all materials, including without
limitation supplies, equipment, documents, content, information, or other material of any type,
whether tangible or intangible (collectively “Materials”), furnished by the State to Grantee or
delivered by Grantee to the State in performance of its obligations under this Agreement shall
be the exclusive property the State. Grantee shall return or deliver all Materials to the State
upon completion or termination of this Agreement.
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Grantee Records.
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a
complete file of all records, documents, communications, notes and other written materials,
electronic media files, and communications, pertaining in any manner to the Work (including,
but not limited to the operation of programs) performed under this Agreement (collectively
“Grantee Records”). Grantee must collect, transmit, and store information related to this
Agreement in open and machine-readable formats (2 CFR 200.336). Unless otherwise specified
by the State, the Grantee shall retain Grantee Records for a period (the “Record Retention
Period”) of three years following the date of submission to the State of the final expenditure
report, or if this Award is renewed quarterly or annually, from the date of the submission of
each quarterly or annual report, respectively. If any litigation, claim, or audit related to this
Award starts before expiration of the Record Retention Period, the Record Retention Period
shall extend until all litigation, claims or audit finding have been resolved and final action taken
by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for
audit, oversight, or indirect costs, and the State, may notify Grantee in writing that the Record
Retention Period shall be extended. For records for real property and equipment, the Record
Retention Period shall extend three years following final disposition of such property. Grantee
shall permit the State, the federal government, and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and transcribe Grantee Records
during the Record Retention Period. Grantee shall make Grantee Records available during
normal business hours at Grantee’s office or place of business, or at other mutually agreed upon
times or locations, upon no fewer than two Business Days’ notice from the State, unless the
State determines that a shorter period of notice, or no notice, is necessary to protect the
interests of the State. The State, in its discretion, may monitor Grantee’s performance of its
obligations under this Agreement using procedures as determined by the State. The federal
government and any other duly authorized agent of a governmental agency, in its discretion,
Grantee shall allow the State to perform all monitoring required by the Uniform Guidance,
based on the State’s risk analysis of Grantee and this Agreement, and the State shall have the
right, in its discretion, to change its monitoring procedures and requirements at any time during
the term of this Agreement. The State will monitor Grantee’s performance in a manner that
does not unduly interfere with Grantee’s performance of the Work. Grantee shall promptly
submit to the State a copy of any final audit report of an audit performed on Grantee Records
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that relates to or affects this Agreement or the Work, whether the audit is conducted by
Grantee, a State agency or the State’s authorized representative, or a third party. If applicable,
the Grantee may be required to perform a single audit under 2 CFR 200.501, et seq. Grantee
shall submit a copy of the results of that audit to the State within the same timelines as the
submission to the federal government.
Reporting.
If Grantee is served with a pleading or other document in connection with an action before a
court or other administrative decision- making body, and such pleading or document relates to
this Agreement or may affect Grantee’s ability to perform its obligations under this Agreement,
Grantee shall, within 10 days after being served, notify the State of such action and deliver
copies of such pleading or document to the State. Grantee shall disclose, in a timely manner, in
writing to the State and the Federal Awarding Agency, all violations of federal or State criminal
law involving fraud, bribery, or gratuity violations potentially affecting the Award. The State or
the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR
Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment.
Conflicts of Interest.
Grantee acknowledges that with respect to this Agreement, even the appearance of a conflict
of interest is harmful to the State’s interests. Absent the State’s prior written approval,
Grantee shall refrain from any practices, activities, or relationships that reasonably may appear
to be in conflict with the full performance of Grantee’s obligations to the State under this
Agreement. If a conflict or appearance of a conflict of interest exists, or if Grantee is uncertain
as to such, Grantee shall submit to the State a disclosure statement setting forth the relevant
details for the State’s consideration. Failure to promptly submit a disclosure statement or to
follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of
this Agreement. Grantee certifies that to their knowledge, no employee of the State has any
personal or beneficial interest whatsoever in the service or property described in this
Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that
would conflict in any manner or degree with the performance of Grantee’s Services and Grantee
shall not employ any person having such known interests.
Taxes.
The State is exempt from federal excise taxes and from State and local sales and use taxes.
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Payment.
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State
shall not pay Grantee any amount under this Agreement that exceeds the Document Total
shown on the face of the Small Dollar Grant Award. The State shall pay Grantee in the amounts
and in accordance with the schedule and other conditions set forth in this Agreement. Grantee
shall initiate payment requests by invoice to the State, in a form and manner approved by the
State. The State shall pay Grantee for all amounts due within 45 days after receipt of an
Awarding Agency’s approved invoicing request, or in instances of reimbursement grant programs
a request for reimbursement, compliant with Generally Accepted Accounting Principles (GAAP)
and, if applicable Government Accounting Standards Board (GASB) of amount requested.
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear
interest on the unpaid balance beginning on the 45th day at the rate set forth in CRS §24-30-
202(24) until paid in full. Interest shall not accrue if a good faith dispute exists as to the State’s
obligation to pay all or a portion of the amount due. Grantee shall invoice the State separately
for interest on delinquent amounts due, referencing the delinquent payment, number of day’s
interest to be paid, and applicable interest rate. The acceptance of an invoice shall not
constitute acceptance of any Work performed under this Agreement. Except as specifically
agreed in this Agreement, Grantee shall be solely responsible for all costs, expenses, and other
charges it incurs in connection with its performance under this Grantee.
Term.
The parties’ respective performances under this Agreement shall commence on the “Service
From” date identified on the face of the Small Dollar Grant Award, unless otherwise specified,
and shall terminate on the “Service To” date identified on the face of the Small Dollar Grant
Award unless sooner terminated in accordance with the terms of this Agreement.
Payment Disputes.
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall
notify the State in writing of its dispute within 30 days following the earlier to occur of
Grantee’s receipt of the payment or notification of the determination or calculation of the
payment by the State. The State will review the information presented by Grantee and may
make changes to its determination based on this review. The calculation, determination or
payment amount that results from the State’s review shall not be subject to additional dispute
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under this subsection. No payment subject to a dispute under this subsection shall be due until
after the State has concluded its review, and the State shall not pay any interest on any amount
during the period it is subject to dispute under this subsection.
Matching Funds.
Grantee shall provide Matching Funds, if required by this Agreement. If permitted under the
terms of the grant and per this Agreement, Grantee may be permitted to provide Matching
Funds prior to or during the course of the project or the match will be an in-kind match.
Grantee shall report to the State regarding the status of such funds upon request. Grantee’s
obligation to pay all or any part of any Matching Funds, whether direct or contingent, only
extend to funds duly and lawfully appropriated for the purposes of this Agreement by the
authorized representatives of Grantee and paid into Grantee’s treasury or bank account.
Grantee represents to the State that the amount designated “Grantee’s Matching Funds”
pursuant to this Agreement, has been legally appropriated for the purposes of this Agreement
by its authorized representatives and paid into its treasury or bank account. Grantee does not
by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee
shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any
nature, except as required by Grantee’s laws or policies.
Reimbursement of Grantee Costs.
If applicable, the State shall reimburse Grantee’s allowable costs, not exceeding the maximum
total amount described in this Agreement for all allowable costs described in the grant except
that Grantee may adjust the amounts between each line item of the Budget without formal
modification to this Agreement as long as the Grantee provides notice to, and received approval
from the State of the change, the change does not modify the total maximum amount of this
Agreement, and the change does not modify any requirements of the Work. If applicable, the
State shall reimburse Grantee for the properly documented allowable costs related to the Work
after review and approval thereof, subject to the provisions of this Agreement. However, any
costs incurred by Grantee prior to the Effective Date shall not be reimbursed absent specific
allowance of pre-award costs. Grantee’s costs for Work performed after the “Service To” date
identified on the face of the Small Dollar Grant Award, or after any phase performance period
end date for a respective phase of the Work, shall not be reimbursable. The State shall only
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reimburse allowable costs described in this Agreement and shown in the Budget if those costs
are (a) reasonable and necessary to accomplish the Work, and (b) equal to the actual net cost
to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the
costs actually incurred).
Close-Out.
Grantee shall close out this Award within 45 days after the “Service To” date identified on the
face of the Small Dollar Grant Award, including any modifications. To complete close-out,
Grantee shall submit to the State all deliverables (including documentation) as defined in this
Agreement and Grantee’s final reimbursement request or invoice. In accordance with the
Agreement, the State may withhold a percentage of allowable costs until all final
documentation has been submitted and accepted by the State as substantially complete.
Assignment.
Grantee’s rights and obligations under this Agreement may not be transferred or assigned
without the prior, written consent of the State and execution of a new agreement. Any attempt
at assignment or transfer without such consent and new agreement shall be void. Any
assignment or transfer of Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
Subcontracts.
Grantee shall not enter into any subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Grantee shall submit to the State a
copy of each subcontract upon request by the State. All subcontracts entered into by Grantee in
connection with this Agreement shall comply with all applicable federal and state laws and
regulations, shall provide that they are governed by the laws of the State of Colorado, and shall
be subject to all provisions of this Agreement.
Severability.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity
or enforceability of any other provision of this Agreement, which shall remain in full force and
effect, provided that the Parties can continue to perform their obligations in accordance with
the intent of the Agreement.
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Survival of Certain Agreement Terms.
Any provision of this Agreement that imposes an obligation on a party after termination or
expiration of the Agreement shall survive the termination or expiration of the Agreement and
shall be enforceable by the other party.
Third Party Beneficiaries.
Except for the parties’ respective successors and assigns, this Agreement does not and is not
intended to confer any rights or remedies upon any person or entity other than the Parties.
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to
the parties. Any services or benefits which third parties receive as a result of this Agreement
are incidental to the Agreement, and do not create any rights for such third parties.
Waiver.
A party’s failure or delay in exercising any right, power, or privilege under this Agreement,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or
partial exercise of any right, power, or privilege preclude any other or further exercise of such
right, power, or privilege.
Indemnification.
[Not Applicable to Inter-governmental agreements] Grantee shall indemnify, save, and hold
harmless the State, its employees, agents and assignees (the “Indemnified Parties”), against
any and all costs, expenses, claims, damages, liabilities, court awards and other amounts
(including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in
relation to any act or omission by Grantee, or its employees, agents, Subcontractors, or
assignees in connection with this Agreement. This shall include, without limitation, any and all
costs, expenses, claims, damages, liabilities, court awards and other amounts incurred by the
Indemnified Parties in relation to any claim that any work infringes a patent, copyright,
trademark, trade secret, or any other intellectual property right or any claim for loss or
improper disclosure of any confidential information or personally identifiable information. If
Grantee is a public agency prohibited by applicable law from indemnifying any party, then this
section shall not apply.
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Notice.
All notices given under this Agreement shall be in writing, and shall be delivered to the contacts
for each party listed on the face of the Small Dollar Grant Award. Either party may change its
contact or contact information by notice submitted in accordance with this section without a
formal modification to this Agreement.
Insurance.
Except as otherwise specifically stated in this Agreement or any attachment or exhibit to this
Agreement, Grantee shall obtain and maintain insurance as specified in this section at all times
during the term of the Agreement: (a) workers’ compensation insurance as required by state
statute, and employers’ liability insurance covering all Grantee employees acting within the
course and scope of their employment, (b) Commercial general liability insurance written on an
Insurance Services Office occurrence form, covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows: $1,000,000 each
occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations
aggregate; and $50,000 any one fire, and (c) Automobile liability insurance covering any auto
(including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each
accident combined single limit. If Grantee will or may have access to any protected
information, then Grantee shall also obtain and maintain insurance covering loss and disclosure
of protected information and claims based on alleged violations of privacy right through
improper use and disclosure of protected information with limits of $1,000,000 each occurrence
and $1,000,000 general aggregate at all times during the term of the Small Dollar Grant Award.
Additional insurance may be required as provided elsewhere in this Agreement or any
attachment or exhibit to this Agreement. All insurance policies required by this Agreement shall
be issued by insurance companies with an AM Best rating of A-VIII or better. If Grantee is a
public agency within the meaning of the Colorado Governmental Immunity Act, then this section
shall not apply and Grantee shall instead comply with the Colorado Governmental Immunity Act.
Termination Prior to Grantee Acceptance.
If Grantee has not begun performance under this Agreement, the State may cancel this
Agreement by providing written notice to the Grantee.
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Termination for Cause.
If Grantee refuses or fails to timely and properly perform any of its obligations under this
Agreement with such diligence as will ensure its completion within the time specified in this
Agreement, the State may notify Grantee in writing of non-performance and, if not corrected
by Grantee within the time specified in the notice, terminate Grantee’s right to proceed with
the Agreement or such part thereof as to which there has been delay or a failure. Grantee shall
continue performance of this Agreement to the extent not terminated. Grantee shall be liable
for excess costs incurred by the State in procuring similar Work and the State may withhold such
amounts, as the State deems necessary. If after rejection, revocation, or other termination of
Grantee’s right to proceed under the Colorado Uniform Commercial Code (CUCC) or this clause,
the State determines for any reason that Grantee was not in default or the delay was excusable,
the rights and obligations of the State and Grantee shall be the same as if the notice of
termination had been issued pursuant to termination under §28.
Termination in Public Interest.
The State is entering into this Agreement for the purpose of carrying out the public interest of
the State, as determined by its Governor, General Assembly, Courts, or Federal Awarding
Agency. If this Agreement ceases to further the public interest of the State as determined by its
Governor, General Assembly, Courts, or Federal Awarding Agency, the State, in its sole
discretion, may terminate this Agreement in whole or in part and such termination shall not be
deemed to be a breach of the State’s obligations hereunder. This section shall not apply to a
termination for cause, which shall be governed by §27. A determination that this Small Dollar
Grant Award should be terminated in the public interest shall not be equivalent to a State right
to terminate for convenience. The State shall give written notice of termination to Grantee
specifying the part of the Agreement terminated and when termination becomes effective.
Upon receipt of notice of termination, Grantee shall not incur further obligations except as
necessary to mitigate costs of performance. The State shall pay the Agreement price or rate for
Work performed and accepted by State prior to the effective date of the notice of termination.
The State’s termination liability under this section shall not exceed the total Agreement price.
Termination for Funds Availability.
The State is prohibited by law from making commitments beyond the term of the current State
Fiscal Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the
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appropriation and continuing availability of Grant Funds in any subsequent year (as provided in
the Colorado Special Provisions). If federal funds or funds from any other non-State funds
constitute all or some of the Grant Funds, the State’s obligation to pay Grantee shall be
contingent upon such non-State funding continuing to be made available for payment. Payments
to be made pursuant to this Agreement shall be made only from Grant Funds, and the State’s
liability for such payments shall be limited to the amount remaining of such Grant Funds. If
State, federal or other funds are not appropriated, or otherwise become unavailable to fund
this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in
part, without incurring further liability. The State shall, however, remain obligated to pay for
Work performed and accepted prior to the effective date of notice of termination, and this
termination shall otherwise be treated as if this Agreement were terminated in the public
interest as described in §28.
Grantee’s Termination Under Federal Requirements.
If the Grant Funds include any federal funds, then Grantee may request termination of this
Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the
State, which includes the reasons for the termination and the effective date of the termination.
If this Grant is terminated in this manner, then Grantee shall return any advanced payments
made for Work that will not be performed prior to the effective date of the termination.
Governmental Immunity.
Liability for claims for injuries to persons or property arising from the negligence of the State,
its departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C.
1346(b), and the State’s risk management statutes, CRS §§24-30-1501, et seq. No term or
condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, contained in these
statutes.
Grant Recipient.
Grantee shall perform its duties hereunder as a grant recipient and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of
the State. Grantee shall not have authorization, express or implied, to bind the State to any
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agreement, liability or understanding, except as expressly set forth herein. Grantee and its
employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage
for Grantee or any of its agents or employees. Grantee shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this Agreement.
Grantee shall (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when
requested by the State, and (c) be solely responsible for its acts and those of its employees and
agents.
Compliance with Law.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
Choice of Law, Jurisdiction and Venue.
[Not Applicable to Inter-governmental agreements] Colorado law, and rules and regulations
issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of
this Agreement. Any provision included or incorporated herein by reference which conflicts with
said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue
shall be in the City and County of Denver. Any provision incorporated herein by reference which
purports to negate this or any other provision in this Agreement in whole or in part shall not be
valid or enforceable or available in any action at law, whether by way of complaint, defense, or
otherwise. Any provision rendered null and void by the operation of this provision or for any
other reason shall not invalidate the remainder of this Agreement, to the extent capable of
execution. Grantee shall exhaust administrative remedies in CRS §24-109-106, prior to
commencing any judicial action against the State regardless of whether the Colorado
Procurement Code applies to this Agreement.
Prohibited Terms.
Nothing in this Agreement shall be construed as a waiver of any provision of CRS §24-106-109.
Any term included in this Agreement that requires the State to indemnify or hold Grantee
harmless; requires the State to agree to binding arbitration; limits Grantee’s liability for
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damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with that statute in any way shall be void ab initio.
Public Contracts for Services.
[Not Applicable to offer, issuance, or sale of securities, investment advisory services, fund
management services, sponsored projects, intergovernmental grant agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
Agreement and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation
in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-
102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract or agreement with a Subcontractor that fails to
certify to Grantee that the Subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement. Grantee shall (a) not use E-Verify Program or
Department program procedures to undertake pre- employment screening of job applicants
during performance of this Agreement, (b) notify Subcontractor and the State within three days
if Grantee has actual knowledge that Subcontractor is employing or contracting with an illegal
alien for work under this Agreement, (c) terminate the subcontract if Subcontractor does not
stop employing or contracting with the illegal alien within three days of receiving notice, and (d)
comply with reasonable requests made in the course of an investigation, undertaken pursuant to
CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee
participates in the Department program, Grantee shall deliver to the State a written, notarized
affirmation that Grantee has examined the legal work status of such employee, and shall comply
with all of the other requirements of the Department program. If Grantee fails to comply with
any requirement of this provision or CRS §8-17.5-101 et seq., the State may terminate this
Agreement for breach and, if so terminated, Grantee shall be liable for damages.
Public Contracts with Natural Persons.
Grantee, if a natural person 18 years of age or older, hereby swears and affirms under penalty
of perjury that the person (a) is a citizen or otherwise lawfully present in the United States
pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and
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(c) has produced a form of identification required by CRS §24-76.5-103 prior to the date
Grantee begins Work under terms of the Agreement.
Whistle Blower Protections.
An employee of a grantee must not be discharged, demoted, or otherwise discriminated against
as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712
information that the employee reasonably believes is evidence of gross mismanagement of a
Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a
Federal contract or grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a Federal contract (including the competition for
or negotiation of a contract) or grant. The subrecipient must inform their employees in writing
of employee whistleblower rights and protections under 41 U.S.C. 4712. See statutory
requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304,
and 10 U.S.C. 4310.
Accessibility.
Grantee shall comply with the Accessibility Standards for Individuals with a Disability, as
adopted by the Office of Information Technology pursuant to §24-85-103 C.R.S. The State may
require Grantee’s compliance with the Accessibility Standards for Individuals with a Disability
adopted by the Office of Information Technology pursuant to §24-85-103 C.R.S. is determined
and tested by a qualified third party selected by the State. The State may ask the Grantee to
review the selection of the third party. Grantee shall be responsible for all costs associated with
the third-party vendor’s assessment. If Grantee is not in compliance as determined by the third-
party vendor, at the State’s request and at the State’s direction, Grantee shall promptly take
all necessary actions to come into compliance using a State-approved vendor, at no additional
cost to the State. Grantee shall indemnify, save, hold harmless, and assume liability on behalf
of the State, its officers, employees, agents and assignees (collectively the “Indemnified
Parties”), for any and all costs, expenses, claims, damages, liabilities, court awards, attorney
fees and related costs, and other amounts incurred by any of the Indemnified Parties in relation
to Contractor’s noncompliance with §§24-85-101, et seq., C.R.S., or the Accessibility Standards
for Individuals with a Disability as established by the Office of Information Technology pursuant
to Section §24-85-103, C.R.S. State employees are considered third parties for the purposes of
this section.
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Addendum 1:
Additional Terms & Conditions for Information Technology
If any part of the subject matter of this Agreement is Information Technology, as defined in CRS ¤
24-37.5-102(2), the following provisions also apply to this Agreement.
A. Definitions.
The following terms shall be construed and interpreted as follows: (a) “CJI” means criminal
justice information collected by criminal justice agencies needed for the performance of their
authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy, as amended, and all Criminal Justice Records as defined
under CRS §24-72-302; (b) “Incident” means any accidental or deliberate event that results in or
constitutes an imminent threat of the unauthorized access, loss, disclosure, modification,
disruption, or destruction of any communications or information resources of the State,
pursuant to CRS §§24-37.5-401 et seq.; (c) “PCI” means payment card information including any
data related to credit card holders’ names, credit card numbers, or the other credit card
information as may be protected by state or federal law; (d) “PHI” means any protected health
information, including, without limitation any information whether oral or recorded in any form
or medium that relates to the past, present or future physical or mental condition of an
individual; the provision of health care to an individual; or the past, present or future payment
for the provision of health care to an individual; and that identifies the individual or with
respect to which there is a reasonable basis to believe the information can be used to identify
the individual including, without limitation, any information defined as Individually Identifiable
Health Information by the federal Health Insurance Portability and Accountability Act; (e) “PII”
means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an
individual‘s identity, such as name, social security number, date and place of birth, mother’s
maiden name, or biometric records, including, without limitation, all information defined as
personally identifiable information in CRS §24-72-501; (f) “State Confidential Information”
means any and all State Records not subject to disclosure under the Colorado Open Records Act
and includes, without limitation, PII, PHI, PCI, Tax Information, CJI, and State personnel records
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not subject to disclosure under the Colorado Open Records Act, (g) “State Fiscal Rules” means
those fiscal rules promulgated by the Colorado State Controller pursuant to CRS §24-30-
202(13)(a); (h) “State Fiscal Year” means a 12 month period beginning on July 1 of each
calendar year and ending on June 30 of the following calendar year; (i) “State Records” means
any and all State data, information, and records, regardless of physical form; (j) “Tax
Information” means federal and State of Colorado tax information including, without limitation,
federal and State tax returns, return information, and such other tax-related information as
may be protected by federal and State law and regulation, including, without limitation all
information defined as federal tax information in Internal Revenue Service Publication 1075;
and (k) “Work Product” means the tangible and intangible results of the delivery of goods and
performance of services, whether finished or unfinished, including drafts. Work Product
includes, but is not limited to, documents, text, software (including source code), research,
reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how,
information, and any other results of the Work, but does not include any material that was
developed prior to the Effective Date that is used, without modification, in the performance of
the Work.
B. Intellectual Property.
Except to the extent specifically provided elsewhere in this Agreement, any State information,
including without limitation pre-existing State software, research, reports, studies, data,
photographs, negatives or other documents, drawings, models, materials; or Work Product
prepared by Grantee in the performance of its obligations under this Agreement shall be the
exclusive property of the State (collectively, “State Materials”). All State Materials shall be
delivered to the State by Grantee upon completion or termination of this Agreement. The
State’s exclusive rights in any Work Product prepared by Grantee shall include, but not be
limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee
shall not use, willingly allow, cause or permit any State Materials to be used for any purpose
other than the performance of Grantee’s obligations hereunder without the prior written
consent of the State. The State shall maintain complete and accurate records relating to (a) its
use of all Grantee and third party software licenses and rights to use any Grantee or third party
software granted under this Agreement and its attachments to which the State is a party and (b)
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all amounts payable to Grantee pursuant to this Agreement and its attachments and the State’s
obligations under this Agreement or any amounts payable to Grantee in relation to this
Agreement, which records shall contain sufficient information to permit Grantee to confirm the
State’s compliance with the use restrictions and payment obligations under this Agreement or to
any third party use restrictions to which the State is a party. Grantee retains the exclusive
rights, title and ownership to any and all pre-existing materials owned or licensed to Grantee
including, but not limited to all pre-existing software, licensed products, associated source
code, machine code, text images, audio, video, and third party materials, delivered by Grantee
under the Agreement, whether incorporated in a deliverable or necessary to use a deliverable
(collectively, “Grantee Property”). Grantee Property shall be licensed to the State as set forth
in a State-approved license agreement (a) entered into as exhibits or attachments to this
Agreement, (b) obtained by the State from the applicable third party Grantee, or (c) in the case
of open source software, the license terms set forth in the applicable open source license
agreement. Notwithstanding anything to the contrary herein, the State shall not be subject to
any provision incorporated in any exhibit or attachment attached hereto, any provision
incorporated in any terms and conditions appearing on any website, any provision incorporated
into any click through or online agreements, or any provision incorporated into any other
document or agreement between the parties that (a) requires the State or the State to
indemnify Grantee or any other party, (b) is in violation of State laws, regulations, rules, State
Fiscal Rules, policies, or other State requirements as deemed solely by the State, or (c) is
contrary to this Agreement.
C. Information Confidentiality.
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Grantee shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use
by any third party of any State Records, except as otherwise stated in this Agreement,
permitted by law, or approved in writing by the State. If Grantee will or may have access to any
State Confidential Information or any other protected information, Grantee shall provide for the
security of all State Confidential Information in accordance with all applicable laws, rules,
policies, publications, and guidelines. Grantee shall comply with all Colorado Office of
Information Security (“OIS”) policies and procedures which OIS has issued pursuant to CRS §§24-
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37.5-401 through 406 and 8 CCR §1501-5 and posted at http://oit.state.co.us/ois, all
information security and privacy obligations imposed by any federal, state, or local statute or
regulation, or by any industry standards or guidelines, as applicable based on the classification
of the data relevant to Grantee’s performance under this Agreement. Such obligations may arise
from: Health Information Portability and Accountability Act (HIPAA); IRS Publication 1075;
Payment Card Industry Data Security Standard (PCI-DSS); FBI Criminal Justice Information
Service Security Addendum; Centers for Medicare & Medicaid Services (CMS) Minimum
Acceptable Risk Standards for Exchanges; and Electronic Information Exchange Security
Requirements and Procedures for State and Local Agencies Exchanging Electronic Information
with The Social Security Administration. Grantee shall immediately forward any request or
demand for State Records to the State’s principal representative.
D. Other Entity Access and Nondisclosure Agreements.
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the work, but shall restrict access to State Confidential Information to
those agents, employees, assigns, and Subcontractors who require access to perform their
obligations under this Agreement. Grantee shall ensure all such agents, employees, assigns, and
Subcontractors sign agreements containing nondisclosure provisions at least as protective as
those in this Agreement, and that the nondisclosure provisions are in force at all times the
agent, employee, assign, or Subcontractors has access to any State Confidential Information.
Grantee shall provide copies of those signed nondisclosure provisions to the State upon
execution of the nondisclosure provisions if requested by the State.
E. Use, Security, and Retention.
Grantee shall use, hold, and maintain State Confidential Information in compliance with any and
all applicable laws and regulations only in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information. Grantee shall provide the State with access, subject to Grantee’s reasonable
security requirements, for purposes of inspecting and monitoring access and use of State
Confidential Information and evaluating security control effectiveness. Upon the expiration or
termination of this Agreement, Grantee shall return State Records provided to Grantee or
destroy such State Records and certify to the State that it has done so, as directed by the State.
If Grantee is prevented by law or regulation from returning or destroying State Confidential
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Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such
State Confidential Information.
F. Incident Notice and Remediation.
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. Unless Grantee can establish none of Grantee or any of its agents,
employees, assigns or Subcontractors are the cause or source of the Incident, Grantee shall be
responsible for the cost of notifying each person who may have been impacted by the Incident.
After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of
Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no additional
cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion
and Grantee shall make all modifications as directed by the State. If Grantee cannot produce its
analysis and plan within the allotted time, the State, in its sole discretion, may perform such
analysis and produce a remediation plan, and Grantee shall reimburse the State for the
reasonable actual costs thereof.
G. Data Protection and Handling.
Grantee shall ensure that all State Records and Work Product in the possession of Grantee or
any Subcontractors are protected and handled in accordance with the requirements of this
Agreement at all times. Upon request by the State made any time prior to 60 days following the
termination of this Agreement for any reason, whether or not this Agreement is expiring or
terminating, Grantee shall make available to the State a complete and secure download file of
all data that is encrypted and appropriately authenticated. This download file shall be made
available to the State within 10 Business Days following the State’s request, and shall contain,
without limitation, all State Records, Work Product, and any other information belonging to the
State. Upon the termination of Grantee’s services under this Agreement, Grantee shall, as
directed by the State, return all State Records provided by the State to Grantee, and the copies
thereof, to the State or destroy all such State Records and certify to the State that it has done
so. If legal obligations imposed upon Grantee prevent Grantee from returning or destroying all
or part of the State Records provided by the State, Grantee shall guarantee the confidentiality
of all State Records in Grantee’s possession and will not actively process such data. The State
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retains the right to use the established operational services to access and retrieve State Records
stored on Grantee’s infrastructure at its sole discretion and at any time.
H. Compliance.
If applicable, Grantee shall review, on a semi-annual basis, all OIS policies and procedures
which OIS has promulgated pursuant to CRS §§ 24-37.5-401 through 406 and 8 CCR § 1501-5 and
posted at http://oit.state.co.us/ois, to ensure compliance with the standards and guidelines
published therein. Grantee shall cooperate, and shall cause its Subcontractors to cooperate,
with the performance of security audit and penetration tests by OIS or its designee.
I. Safeguarding PII.
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, all State requirements relating to non-disclosure, use of
appropriate technology, security practices, computer access security, data access security, data
storage encryption, data transmission encryption, security inspections, and audits. Grantee shall
take full responsibility for the security of all PII in its possession or in the possession of its
Subcontractors, and shall hold the State harmless for any damages or liabilities resulting from
the unauthorized disclosure or loss thereof. Grantee shall be a “Third-Party Service Provider” as
defined in CRS §24-73-103(1)(i) and shall maintain security procedures and practices consistent
with CRS §§24-73-101 et seq. In addition, as set forth in §24-74-102, et seq., C.R.S., Grantee,
including, but not limited to, Grantee’s employees, agents and subcontractors, agrees not to
share any PII with any third parties for the purpose of investigating for, participating in,
cooperating with, or assisting with Federal immigration enforcement. If Grantee is given direct
access to any State databased containing PII, Grantee shall execute, on behalf of itself and its
employees, the Certification PII Individual Certification Form or PII Entity Certification Form on
an annual basis and Grantee’s duty shall continue as long as Grantee has direct access to any
State databases containing PII. If Grantee uses any subcontractors to perform services requiring
direct access to State databases containing PII, the Grantee shall require such subcontractors to
execute and deliver the certification to the State on an annual basis, so long as the
subcontractor has access to State databases containing PII.
J. Software Piracy Prohibition.
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The State or other public funds payable under this Agreement shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal copyright
laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the
term of this Agreement and any extensions, Grantee has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that
Grantee is in violation of this provision, the State may exercise any remedy available at law or
in equity or under this Agreement, including, without limitation, immediate termination of this
Agreement and any remedy consistent with federal copyright laws or applicable licensing
restriction
K. Information Technology.
To the extent that Grantee provides physical or logical storage of State Records; Grantee
creates, uses, processes, discloses, transmits, or disposes of State Records; or Grantee is
otherwise given physical or logical access to State Records in order to perform Grantee’s
obligations under this Agreement, the following terms shall apply. Grantee shall, and shall
cause its Subcontractors, to: Provide physical and logical protection for all hardware, software,
applications, and data that meets or exceeds industry standards and the requirements of this
Agreement; Maintain network, system, and application security, which includes, but is not
limited to, network firewalls, intrusion detection (host and network), annual security testing,
and improvements or enhancements consistent with evolving industry standards; Comply with
State and federal rules and regulations related to overall security, privacy, confidentiality,
integrity, availability, and auditing; Provide that security is not compromised by unauthorized
access to workspaces, computers, networks, software, databases, or other physical or
electronic environments; Promptly report all Incidents, including Incidents that do not result in
unauthorized disclosure or loss of data integrity, to a designated representative of the OIS;
Comply with all rules, policies, procedures, and standards issued by the Governor’s Office of
Information Technology (OIT), including project lifecycle methodology and governance,
technical standards, documentation, and other requirements posted at
www.oit.state.co.us/about/policies. Grantee shall not allow remote access to State Records
from outside the United States, including access by Grantee’s employees or agents, without the
prior express written consent of OIS. Grantee shall communicate any request regarding non-U.S.
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access to State Records to the State. The State, acting by and through OIS, shall have sole
discretion to grant or deny any such request.
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25
Grant Federal Provisions
If any part of this PO has been funded, in whole or in part, with federal funds, then following
provisions shall also apply to this PO.
Applicability of Provisions.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or
in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or
any attachments or exhibits incorporated into and made a part of the Grant, the
provisions of these Federal Provisions shall control.
These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as
may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency
or institutions of higher education.
Definitions.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below. For a full list of definitions (as of October 1, 2024) under the
Uniform Guidance, see 2 CFR 200.1.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting
forth the terms and conditions of that financial assistance, that a non-Federal
Entity receives or administers.
2.1.2. “Entity” means:
2.1.2.1. a non-federal entity;
2.1.2.2. a non-profit organization or for-profit organization;
2.1.3. “Executive” means an officer, managing partner or any other employee in a
management position.
2.1.4. “Federal Awarding Agency” means a Federal agency providing a Federal Award to
a Recipient as described in 2 CFR 200.1
2.1.5. “Grant” means the Grant to which these Federal Provisions are attached.
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2.1.6. “Grantee” means the party or parties identified as such in the Grant to which these
Federal provisions are attached. Grantee also means Subrecipient.
2.1.7. “Non-Federal Entity” means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.8. “Nonprofit Organization” organization, that:
2.1.8.1. Is operated primarily for scientific, educational, service, charitable,
or similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the organization’s
operations; and
2.1.8.4. Is not an IHE.
2.1.9. “OMB” means the Executive Office of the President, Office of Management and
Budget.
2.1.10. “Pass-through Entity” means a recipient or subrecipient that provides a Subaward
to a Subrecipient (including lower tier subrecipients) to carry out part of a
Federal program. The authority of the pass-through entity under this part flows
through the Subaward agreements between the pass-through entity and
subrecipient.
2.1.11. “Recipient” means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are
attached.
2.1.12. “Subaward” means an award provided by a pass-through entity to a Subrecipient
to contribute to the goals and objectives of the project by carrying out part of a
Federal award received by the pass-through entity. The term does not include
payments to a contractor, beneficiary or participant.
2.1.13. “Subrecipient” means an entity that receives a subaward from a pass-through
entity to carry out part of a Federal award. The term subrecipient does not
include a beneficiary or participant. A subrecipient may also be a recipient of
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EXHIBIT B TO ORDINANCE NO. 148, 2025
27
other Federal awards directly from a Federal agency. Subrecipient also means
Grantee.
2.1.14. “System for Award Management (SAM)” means the Federal repository into which
an Entity must enter the information required under the Transparency Act, which
may be found at http://www.sam.gov.
2.1.15. “Total Compensation” means the cash and noncash dollar value an Executive
earns during the entity’s preceding fiscal year. This includes all items of
compensation as prescribed in 17 CFR 229.402(c)(2).
2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. “Unique Entity ID” (UEI) is the universal identifier for federal financial assistance
applicants, as well as recipients and their direct subrecipients (first tier
subrecipients).
2.1.18. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards
to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
Compliance.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance,
and all applicable Federal Laws and regulations required by this Federal Award. Any
revisions to such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written notification to
Subrecipient of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
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System for Award Management (SAM) and Unique Entity ID Requirements.
4.1. SAM. Subrecipient must obtain a UEI but are not required to fully register in Sam.gov.
Subrecipient shall maintain the currency of its information in SAM until the Subrecipient
submits the final financial report required under the Award or receives final payment,
whichever is later. Subrecipient shall review and update SAM information at least
annually after the initial registration, and more frequently if required by changes in its
information.
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and
shall update Subrecipient’s information at http://www.sam.gov at least annually after
the initial registration, and more frequently if required by changes in Subrecipient’s
information.
Total Compensation.
5.1.1. Subrecipient shall include Total Compensation in SAM for each of its five most
highly compensated Executives for the preceding fiscal year if:
5.1.2. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.3. In the preceding fiscal year, Subrecipient received:
5.1.3.1. 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance
Awards or Subawards subject to the Transparency Act; and
5.1.3.2. $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act; and
5.1.3.3. The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
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Reporting.
6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to
the Recipient as required in this Exhibit. No direct payment shall be made to
Subrecipient for providing any reports required under these Federal Provisions and the
cost of producing such reports shall be included in the Grant price. The reporting
requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically
incorporated into this Grant and shall become part of Subrecipient’s obligations under
this Grant.
Effective Date and Dollar Threshold for Reporting.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject to
the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de-obligated such that the total
award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Recipient
as of December 26, 2015. The standards set forth in §11 below are applicable to audits
of fiscal years beginning on or after December 26, 2014.
Subrecipient Reporting Requirements.
8.1. Subrecipient shall report as set forth below.
8.1.1. To Recipient. A Subrecipient shall report the following data elements in SAM for
each Federal Award Identification Number (FAIN) assigned by a Federal agency to
a Recipient no later than the end of the month following the month in which the
Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic fund
transfer (EFT) account;
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8.1.1.3. Subrecipient parent’s organization Unique Entity ID;
8.1.1.4. Subrecipient’s address, including: Street Address, City, State,
Country, Zip + 4, and Congressional District;
8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the
criteria in §4 above are met; and Subrecipient’s Total Compensation
of top 5 most highly compensated Executives if the criteria in §4
above met.
8.1.1.6. Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip Code +4, and Congressional District.
8.1.2. The Recipient is required to submit this information to the Federal Funding
Accountability and Transparency Act Subaward Reporting System (FSRS) at
http://www.frsrs.gov.
Procurement Standards.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all contracts
and purchase orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of
a political subdivision of the State, its contractors must comply with section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in guidelines
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of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000
or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never contract with the enemy”
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants and
cooperative agreements that are expected to exceed $50,000 during the period of
performance, are performed outside the United States and its territories, and are in
support of a contingency operation in which members of the Armed Forces are actively
engaged in hostilities.
9.5. Prohibition on certain telecommunications and video surveillance equipment or services
(2 CFR 200.216). Subrecipient is prohibited from obligating or expending loan or grant
funds on certain telecommunications and video surveillance services or equipment
pursuant to 2 CFR 200.216.
Access to Records.
10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of
2 CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Modification to period of
performance), 2 CFR 200.337 (Access to Records) and Subpart F-Audit Requirements of
the Uniform Guidance.
10.2. A Subrecipient must collect, transmit, and store information related to this Subaward in
open and machine-readable formats (2 CFR 200.336).
Single Audit Requirements.
11.1. If a Subrecipient expends $1,000,000 or more in Federal Awards during the
Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or
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program-specific audit conducted for that year in accordance with the provisions of
Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-
specific audits). The Subrecipient may elect to have a program-specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program’s statutes, regulations, or
the terms and conditions of the Federal award do not require a financial
statement audit of Recipient. A program-specific audit may not be elected for
research and development unless all of the Federal Awards expended were
received from Recipient and Recipient approves in advance a program-specific
audit.
11.1.2. Exemption. If a Subrecipient expends less than $1,000,000 in Federal Awards
during its fiscal year, the Subrecipient shall be exempt from Federal audit
requirements for that year, except as noted in 2 CFR 200.503 (Relation to other
audit requirements), but records shall be available for review or audit by
appropriate officials of the Federal agency, the State, and the Government
Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance
and ensure it is properly performed and submitted when due in accordance with
the Uniform Guidance. Subrecipient shall prepare appropriate financial
statements, including the schedule of expenditures of Federal awards in
accordance with 2 CFR 200.510 (Financial statements) and provide the auditor
with access to personnel, accounts, books, records, supporting documentation,
and other information as needed for the auditor to perform the audit required by
Uniform Guidance Subpart F-Audit Requirements.
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Required Provisions for Subrecipient with Subcontractors.
12.1. In addition to other provisions required by the Federal Awarding Agency or the
Recipient, Subrecipients shall include all of the following applicable provisions;
12.1.1. For agreements with Subrecipients – Include the terms in the Grant Federal
Provisions Exhibit (this exhibit)
12.1.2. For contracts with Subcontractors – Include the terms in the Contract Federal
Provisions Exhibit.
Certifications.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient
to submit certifications and representations required by Federal statutes or regulations
on an annual basis. 2 CFR 200.415. Submission may be required more frequently if
Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall
certify in writing to the State at the end of the Award that the project or activity was
completed or the level of effort was expended. If the required level of activity or effort
was not carried out, the amount of the Award must be adjusted.
Exemptions.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous
tax year is exempt from the requirements to report Subawards and the Total
Compensation of its most highly compensated Executives.
Event of Default and Termination.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the
termination of the 30-day notice period. This remedy will be in addition to any other
remedy available to the State of Colorado under the Grant, at law or in equity.
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15.1.1. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or
in part as follows:
15.1.1.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-
Federal Entity fails to comply with the terms and conditions of a
Federal Award;
15.1.1.2. By the Federal awarding agency or Pass-through Entity with the
consent of the Non-Federal Entity, in which case the two parties
must agree upon the termination conditions, including the effective
date and, in the case of partial termination, the portion to be
terminated;
15.1.1.3. By the Non-Federal Entity upon sending to the Federal Awarding
Agency or Pass-through Entity written notification setting forth the
reasons for such termination, the effective date, and, in the case of
partial termination, the portion to be terminated. However, if the
Federal Awarding Agency or Pass-through Entity determines in the
case of partial termination that the reduced or modified portion of
the Federal Award or Subaward will not accomplish the purposes for
which the Federal Award was made, the Federal Awarding Agency or
Pass-through Entity may terminate the Federal Award in its entirety;
or
15.1.1.4. By the Federal Awarding Agency or Pass-through Entity pursuant to
termination provisions included in the Federal Award
Additional Federal Requirements.
16.1. Whistle Blower Protections
16.1.1. An employee of a subrecipient must not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing to a person or body described in
paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably
believes is evidence of gross mismanagement of a Federal contract or grant, a
gross waste of Federal funds, an abuse of authority relating to a Federal contract
or grant, a substantial and specific danger to public health or safety, or a
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violation of law, rule, or regulation related to a Federal contract (including the
competition for or negotiation of a contract) or grant. The subrecipient must
inform their employees in writing of employee whistleblower rights and
protections under 41 U.S.C. 4712. See statutory requirements for whistleblower
protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C.
4310.
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File Attachments for Item:
5. Items Related to Appropriating Additional Funds for 2025.
A. Second Reading of Ordinance No. 149, 2025, Making Supplemental Appropriations in
Various City Funds.
B. Second Reading of Ordinance No. 150, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations in Various City Funds.
These Ordinances, unanimously adopted on First Reading on September 16, 2025, combine
dedicated and unanticipated revenues or reserves that need to be appropriated before the end
of the year to cover the related expenses that were not anticipated and therefore not included in
the 2025 annual budget appropriation. The unanticipated revenue is primarily from fees,
charges, rents, contributions and grants that have been paid to City departments to offset
specific expenses.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 11
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Caleb Weitz, Chief Financial Officer
Lawrence Pollack, Budget Director
SUBJECT
Items Related to Appropriating Additional Funds for 2025.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 149, 2025, Making Supplemental Appropriations in Various City
Funds.
B. Second Reading of Ordinance No. 150, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations in Various City Funds.
These Ordinances, unanimously adopted on First Reading on September 16, 2025, combine dedicated
and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover
the related expenses that were not anticipated and therefore not included in the 2025 annual budget
appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants
that have been paid to City departments to offset specific expenses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
These Ordinances appropriate additional revenue and funds received this fiscal year and from prior year
reserves in various City funds and authorize the transfer of previously appropriated amounts between funds
and/or capital projects.
The City Charter permits the City at any time during a fiscal year to make supplemental appropriations of
additional revenue and other funds received as a result of rate/fee increases or new revenue sources, such
as grants and reimbursements. The Charter also permits Council to provide, by ordinance, for payment of
any expense from prior-year reserves through a supplemental appropriation. Additionally, it authorizes
Council to transfer any unexpended and unencumbered appropriated amount from one fund or project to
another fund or project upon recommendation of the City Manager, provided that the purpose for which the
transferred funds are to be expended: 1) remains unchanged; 2) the purpose for which they were initially
appropriated no longer exists; or 3) the proposed transfer is from a Fund or project account in which the
amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation
ordinance.
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The City Manager is recommending the proposed appropriations in these Ordinances and has determined
that they are available and previously unappropriated from their respective funds and will not cause the
total amount appropriated from such funds to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in each such fund during this fiscal year.
The City Manager is also recommending the proposed transfers of existing appropriations in these
Ordinances and has determined that the purposes for which these transferred funds are to be expended
remains unchanged.
If these appropriations are not approved, the City will have to reduce expenditures even though revenue
and reimbursements have been received to cover those expenditures.
These items were presented to the Council Finance Committee (CFC) on September 4, 2025. A couple of
questions for follow up were asked and those will be responded to in Council’s weekly Thursday
communication, prior to 1st Reading.
The table below is a summary of the expenses in each fund that make up the increase in the requested
appropriations. Also included are transfers between funds, which do not increase net appropriations, but
per the City Charter, require Council approval to make the transfer. A table with the specific use of prior
year reserves appears at the end of this Agenda Item Summary.
Funding Additional
Revenue
Prior Year
Reserves Transfers TOTAL
General Fund $811,080 $370,329 $0 $1,181,409
Cultural Services Fund 711,000 0 0 711,000
Recreation Fund 450,000 0 0 450,000
Transportation Services Fund 140,000 0 115,000 255,000
Self-Insurance Fund 653,461 0 0 653,461
Utility CS&A Fund 0 543,582 0 543,582
Light & Power Fund 2,009,443 0 0 2,009,443
Water Fund 352,958 0 0 352,958
Wastewater Fund 106,479 0 0 106,479
Stormwater Fund 51,479 0 0 51,479
Golf Fund 550,000 374,600 0 924,600
GRAND TOTAL $5,835,900 $1,288,511 $115,000 $7,239,411
A. GENERAL FUND
1. Fort Collins Police Services (FCPS) has received revenue from various sources. A listing of
these items follows:
a. $7,590 – Police Northern Colorado Drug Taskforce: As a part of the City of Fort Collins
contribution to the Northern Colorado Drug Taskforce, any Drug Offender Surcharge or
Court Ordered Restitution that is remitted from Larimer County Court to Fort Collins Police,
is then passed along to the NCDTF. Any additional restitution that is collected by FCPS is
additionally passed along to the NCDTF.
b. $3,000 – Police 2024/2025 HVE Grant: Police Services was awarded a grant from Law
Enforcement Assistance Fund to pay for overtime for DUI enforcement. There was a $3,000
amendment to the original grant.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 11
c. $95,443 – Police Miscellaneous Revenue: Police Services receives revenue from the sale
of Police reports along with other miscellaneous revenue, like restitution payments,
evidence revenue and SWAT training.
d. $468,863 – Police Reimbursable Overtime: Police Services help schedule security and
traffic control for large events. Since these events are staffed by officers outside of their
normal duties, officers are paid overtime. The organization who requested officer presence
is then billed for the costs of the officers' overtime. For example, FCPS partners with Larimer
County to staff events at The Ranch. Police receive reimbursement from Larimer County for
officers’ hours worked at Ranch events.
e. $120,498 – Police School Resource Officers: Police Services has a contract with Poudre
School District to provide Officers on location at a majority of the schools for safety and
support. The school district pays Police Services based on a predetermined contract amount
and also partially reimbursing for overtime incurred. This request is for the previously billed
overtime and anticipated overtime for the remaining year.
f. $4,978 – Police DUI Enforcement: Proceeds that have been received for DUI enforcement.
TOTAL APPROPRIATION
FROM: Unanticipated Revenue (Police Northern Colorado Drug
Taskforce)
$7,590
FROM: Unanticipated Revenue (2024-2025 HVE Grant) $3,000
FROM: Unanticipated Revenue (Police Miscellaneous Revenue) $95,443
FROM: Unanticipated Revenue (Police Reimbursable Overtime) $468,863
FROM: Unanticipated Revenue (School Resource Officers) $120,498
FROM: Unanticipated Revenue (DUI Enforcement) $4,978
TOTAL: $700,372
FOR: Northern Colorado Drug Taskforce $7,590
FOR: Monitor DUI Compliance $3,000
FOR: Police Miscellaneous Revenue $95,443
FOR: Police Reimbursable Overtime for Events $468,863
FOR: Overtime for School Resource Officers $120,498
FOR: DUI Enforcement $4,978
TOTAL: $700,372
2. Forestry Payment In Lieu
The Forestry Division receives Payment in Lieu (PIL) revenue when a developer cannot plant
enough trees on a development site to meet City requirements. These funds are used to support
planting trees elsewhere in the City.
FROM: Unanticipated PIL Revenue $21,750
FOR: Citywide Tree Planting $21,750
3. Parks- Overland Park Unanticipated Revenue
The Parks Department collected higher than anticipated revenues from rental facilities at the
Overland Park complex. The funds are used to support general operations in the Overland Park.
FROM: Unanticipated Rental Revenue $10,575
FOR: Overland Park $10,575
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4. Manufacturing Equipment Use Tax
Finance requests the appropriation of $28,329 to cover the amount due for the 2024 Manufacturing
Equipment Use Tax Rebate program as established in Chapter 25, Article II, Division 5, of the
Municipal Code. The rebate program was established to encourage investment in new
manufacturing equipment by local manufacturing firms. This item appropriates the use tax funds to
cover the payment of the rebates.
FROM: Prior Year Reserves (Manufacturing Rebate
Reserve within the General Fund)
$28,329
FOR: Manufacturing Equipment Use Tax $28,329
5. Fort Collins Retail Strategy funded by PRPA
Platte River Power Authority (PRPA) annually contributes to the economic health of the Fort Collins
community. In the past, the City has utilized these funds to support local, small businesses and
continue to utilize these funds in this manner. This year, the funds were utilized to support a citywide
retail study to understand the changing landscape of retail, implications to our sales tax base, and
development of Council Priority #4 - Advance a 15-Min City by Igniting Neighborhood Centers.
FROM: Unanticipated Revenue (PRPA) $52,500
FOR: Citywide retail study $52,500
6. Radon Kits
Environmental Services sells radon test kits at cost as part of its program to reduce lung-cancer
risk from in-home radon exposure. This appropriation recovers kit sales revenue for the purpose
of restocking radon test kits annually.
FROM: Unanticipated Revenue (radon kit sales) $1,403
FOR: Purchase of radon kits to sell $1,403
7. Conflict Transformation Works Program - Revenue Recovery
Conflict Transformation Works (CTW), which includes restorative justice and community mediation
programs, receives payment for work it does for other City departments through its workplace
mediation program and also has program fees for parts of its programming. In addition, this year
CTW contracted with another community in Washington to train on the Restore model, a restorative
justice model for shoplifting offenses which was designed and implemented here in Fort Collins.
CTW would like to appropriate these funds to use for expenses related to volunteer training, support
and appreciation. Also, a small portion of the funding will be used to pay victim restitution for victims
of restorative justice cases in the CTW programs. Youth in the program do volunteer work to earn
the victim restitution. This is provided for families unable to pay the restitution their youth owes and
for youth too young or otherwise unable to do paid work for the restitution. This assures the victim
receives restitution despite a family's inability to pay. Program staff cannot predict how many youths
will request this support and who will qualify.
FROM: Unanticipated Revenue (CTW) $16,680
FOR: Conflict Transformation Works Program $16,680
8. Grocery Rebate Program Participation
The Grocery Tax Rebate is intended to provide financially insecure residents relief from City sales
tax charged on purchased food. The rebate amount is currently $80 per person. From January to
July 2025, the City processed 2,160 applications. The total amount issued during this period is
$439,000; a 33% increase year-over-year from 2024. The FY2025 budget affords $450,000 for
rebates, leaving $11,000 for the remainder of 2025.
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A monthly average of $66,200 for August-December 2025 is anticipated, bringing the total rebate
obligation for 2025 to $770,000. Additional appropriation to cover the gap of $320,000 will come
from General Fund sub-reserves from Payments in Lieu of Taxes (PILOTs) and will meet the
anticipated 2025 grocery rebate obligations.
FROM: Prior Year Reserves (PILOT) $320,000
FOR: Grocery rebates for financially insecure residents $320,000
9. Land Bank Operating Expenses
This request is intended to cover expenses related to the land bank property operation costs for
2025. Since expenses vary from year to year, funding is requested annually through the Annual
Adjustment process to cover these costs. Expenses in 2025 include general maintenance of
properties, raw water and sewer expenses, electricity, repairs, pest control, and other as applicable.
FROM: Prior Year Reserves (Land Bank) $22,000
FOR: Land Bank Operational Expenses $22,000
10. Volunteer Services Hourly Personnel Support
This is a request to appropriate $7,800 in unanticipated revenue collected from NextGenServe
Volunteer services to fund hourly employees that support the Volunteer Services programs.
NextGenServe is the City’s teen volunteer service club run out of HR and funded from the Volunteer
Service Program budget. NextGen is in its fifth year and has been grant -supported thus far. To
move to a more sustainable funding model, Volunteer Services launched a fee-based program in
2025. Each participant was required to pay $200 unless they accessed our scholarship program
through GetFoCo. With 43 participants, the program generated $7,800 in unanticipated revenue to
help support Volunteer services hourly personnel.
FROM: Unanticipated Revenue from NextGenServe $7,800
FOR: Fund hourly employees that support Volunteer
Services
$7,800
B. CULTURAL SERVICES FUND
1. Lincoln Center Artists & Musicians Fees
The Lincoln Center is requesting additional budget for the expenses related to LC live show
promoters and artists to accommodate higher than expected revenues and expenditures for
additional productions, as well as national and international tour shows presented or produced by
the City. This appropriation has no net impact on the Cultural Services and Facilities Fund and
requires no subsidy from the General Fund.
In 2025, the Lincoln Center brought major touring shows to Fort Collins, including Dear Evan
Hansen, Mean Girls, and Ain’t Too Proud. In addition, since the adoption of the 2025 budget, we
added additional shows for the Live at The Gardens concert series that the LC manages, including
well-known artists Mary Chapin Carpenter/Brandy Clark, The Music of Billy Joel with the Fort Collins
Symphony, and The Commodores. The existing budget for Artist Fees paid for shows is not
sufficient to cover the expenses related to the shows in 2025. The additional cost will be covered
by revenue by a margin of at least 100% for at least a net zero impact to the Lincoln Center budget.
FROM: Unanticipated Revenue $711,000
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FOR: Lincoln Center live show promoters and artists $711,000
C. RECREATION FUND
1. Excess Revenue from Higher Participation
The purpose of this item is to consider an appropriation of $450,000 of unanticipated 2025 revenue
in the Recreation Fund to support expenses related to higher participation rates than anticipated
during the 2025-2026 Budgeting for Outcomes cycle. Recreation is currently forecasted to finish
2025 with surplus revenue of about $700,000 and needs to appropriate a portion of these funds to
cover the expenses related to increased participation compared to budget (driven primarily by
increased hourly support).
FROM: Unanticipated Revenue $450,000
FOR: Expenses related to higher participation rate $450,000
D. TRANSPORTATION SERVICES FUND
1. Open Streets Vendor Fees
Open Streets is an annual FC Moves event that promotes active modes of transportation and invites
folks to experience streets without cars. At Open Streets, participants can expect 1-2 miles of car-
free, family-friendly streets. Participants are encouraged to Ride the Route and explore areas called
“Activity Hubs”- temporary clusters of activity provided by local businesses and organizations.
Vendors for Open Streets are charged $50 if they are a non-profit, $100 if they are a private
business.
This request includes $1,400 in fees that have been collected to date in 2025, and a projection of
another $3,600 we expect to collect for the remainder of 2025. It is important that we are able to
offset our costs with these fees, since our operating budget is not large enough to support this event
without incoming revenue.
FROM: Unanticipated Revenue (Vendor Fees) $5,000
FOR: Open Streets Program $5,000
2. Spin Annual Payment
Per the contract between the City and Spin, Spin pays an annual fee of $10,000. These funds can
be used at the City's discretion and typically are used for projects related to the Spin program. In
2025, funds were used to install bike/scooter boxes for better parking options, and to support the
Which Wheels Go Where project to update City code regulating what types of micromobility can be
used on what facilities.
FROM: Unanticipated Revenue (Spin annual payment) $10,000
FOR: Installation of bike and scooter boxes for parking $10,000
3. Crushing Facility Work for Other Program
The Planning, Development and Transportation Work for Others program is a self-supported
program for all “Work for Others” activities within Streets. Customers are charged for the products
they purchase from the Hoffman Mill Crushing Facility. Due to unant icipated projects and
equipment/parts needs, additional funding of $125,000 is requested to cover expenses through the
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end of 2025. Revenue generated at the facility will offset the expense (expense will not be incurred
if revenue is not received).
FROM: Unanticipated Revenue (Work for Others) $125,000
FOR: Work for Others program within the Streets
Department
$125,000
4. Transfer of Appropriations for Concrete Work
The Laporte Avenue Bridges capital project (400902140) was completed in 2023. There was an
issue with the concrete used on the side path. The City and the contractor agreed that $115,000
would be withheld by the City for the deficient work. This withheld funding is proposed to be
transferred to the Streets Department operating fund. This funding will be utilized for concrete work
within the Streets program in 2025.
FROM: Previous Unexpended Appropriation $115,000
FOR: Concrete work $115,000
E. SELF-INSURANCE FUND
1. Self Insurance Fund Revenue
City insurance premiums and claim settlements are projected to exceed the 2025 budget within the
Self Insurance Fund. 2025 Fund revenues in the amount of $653,461 are available for appropriation
to cover excess insurance expenditures.
FROM: Unanticipated Revenue $653,461
FOR: City insurance premiums and claim settlements $653,461
F. UTILITY CS&A FUND
1. Banking & Credit Card Fee Appropriation
Appropriate additional banking and credit card fees based on an increased number of customers
utilizing online banking services to pay utility bills via eCheck or credit card. Utilities absorbs
transaction fees for online payments (1) $0.50 per eCheck and (2) Debit/Credit Cards are 1.15%
up to $1,500, increasing to 2.75% for transactions over $1,500. Additional fee budget is offset by
the increase in fund revenues attributed to customer transaction growth and utility rate increases.
FROM: Prior-year Reserves in the Utility Customer Service
and Administration Fund
$506,778
FOR: Utilities Banking & Credit Card Fees $506,778
2. Utilities Legal Expenses Appropriation - Part 1 of 5
This request will appropriate revenue received from the Open International judgement to cover the
related unplanned legal expenses incurred in 2025. Legal expenses will exceed currently budgeted
amounts in Light & Power, Water, Wastewater, Stormwater, and Customer Service & Administration
(CS&A) Funds.
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FROM: Prior-year Reserves in the Utility Customer Service
and Administration Fund
$36,804
FOR: Unplanned legal expenses $36,804
G. LIGHT & POWER FUND
1. Light & Power System Additions for Development Revenue
This request will appropriate additional Light & Power development fee revenue to cover the related
electric infrastructure costs to serve new and/or upgraded residential and commercial
developments.
Expenses for electric system additions are development-dependent and are anticipated to end the
year over the original budgeted amounts. Through July 2025, revenues generated from
development are over budget by $1,504,528.
FROM: Unanticipated Revenue Light & Power Development
Fees
$1,504,528
FOR: Electric Infrastructure Costs $1,504,528
2. Utilities Payment in Lieu of Taxes (PILOT) - Part 1 of 3
This request will appropriate additional PILOT revenue to cover associated PILOT expenses for
Utilities funds. PILOT revenues (6% of electric, water, and wastewater charges) collected by Utilities
are a direct pass-through expense to the City's General Fund. Fund PILOT revenues and expenses
are exceeding budgeted 2025 amounts.
FROM: Unanticipated Revenue PILOT $299,000
FOR: PILOT Expenses $299,000
3. Utilities Legal Expenses Appropriation - Part 2 of 5
This request will appropriate revenue received from the Open International judgement to cover the
related unplanned legal expenses incurred in 2025. Legal expenses will exceed currently budgeted
amounts in Light & Power, Water, Wastewater, Stormwater, and Customer Service & Administration
(CS&A) Funds.
FROM: Unanticipated Revenue from Open Intl judgement $205,915
FOR: Unplanned legal expenses $205,915
H. WATER FUND
1. Utilities Payment in Lieu of Taxes (PILOT) - Part 2 of 3
This request will appropriate additional PILOT revenue to cover associated PILOT expenses for
Utilities funds. PILOT revenues (6% of electric, water, and wastewater charges) collected by Utilities
are a direct pass-through expense to the City's General Fund. Fund PILOT revenues and expenses
are exceeding budgeted 2025 amounts.
FROM: Unanticipated Revenue PILOT $250,000
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FOR: PILOT Expenses $250,000
2. Utilities Legal Expenses Appropriation - Part 3 of 5
This request will appropriate revenue received from the Open International judgement to cover the
related unplanned legal expenses incurred in 2025. Legal expenses will exceed currently budgeted
amounts in Light & Power, Water, Wastewater, Stormwater, and Customer Service & Administration
(CS&A) Funds.
FROM: Unanticipated Revenue from Open Intl judgement $102,958
FOR: Unplanned legal expenses $102,958
I. WASTEWATER FUND
1. Utilities Payment in Lieu of Taxes (PILOT) - Part 3 of 3
This request will appropriate additional PILOT revenue to cover associated PILOT expenses for
Utilities funds. PILOT revenues (6% of electric, water, and wastewater charges) collected by Utilities
are a direct pass-through expense to the City's General Fund. Fund PILOT revenues and expenses
are exceeding budgeted 2025 amounts.
FROM: Unanticipated Revenue PILOT $55,000
FOR: PILOT Expenses $55,000
2. Utilities Legal Expenses Appropriation - Part 4 of 5
This request will appropriate revenue received from the Open International judgement to cover the
related unplanned legal expenses incurred in 2025. Legal expenses will exceed currently budgeted
amounts in Light & Power, Water, Wastewater, Stormwater, and Customer Service & Administration
(CS&A) Funds.
FROM: Unanticipated Revenue from Open Intl judgement $51,479
FOR: Unplanned legal expenses $51,479
J. STORMWATER FUND
1. Utilities Legal Expenses Appropriation - Part 5 of 5
This request will appropriate revenue received from the Open International judgement to cover the
related unplanned legal expenses incurred in 2025. Legal expenses will exceed currently budgeted
amounts in Light & Power, Water, Wastewater, Stormwater, and Customer Service & Administration
(CS&A) Funds.
FROM: Unanticipated Revenue from Open Intl judgement $51,479
FOR: Unplanned legal expenses $51,479
K. GOLF FUND
1. Banking & Contract Labor Expenses
Golf has seen record revenue and rounds over the past couple of years which has resulted in higher
banking fees and contract labor expenses. The requested annual adjustment is to account for this
increased revenue ($550,000) and related increased expenses ($50,000 for banking fees and
$500,000 for contract labor).
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FROM: Unanticipated Revenue $550,000
FOR: Contract Labor & Banking Fees $550,000
2. Capital Projects and City Park 9 Fairway Damages
Golf is experiencing unforeseen increases in expenses related to minor capital projects and City
Park 9 fairway damages. This requested adjustment is to cover these additional costs ($362,600
for minor capital expenses and $12,000 for City Park 9 fairway damages). This request would be
paid for by Golf Fund reserves.
FROM: Golf Fund Reserves $374,600
FOR: Minor capital projects and City Park 9 Fairway
Damages
$374,600
CITY FINANCIAL IMPACTS
These Ordinances increase total City 2025 appropriations by $7,239,411. Of that amount, these
Ordinances increase General Fund 2025 appropriations by $1,181,409, including use of $370,329 in prior
year reserves. Funding for the total increase to City appropriations is $5,835,900 from unanticipated
revenue, $1,288,511 from prior year reserves, and $115,000 from transfers from reserves or previously
appropriated funds.
The following is a summary of the items requesting prior-year reserves:
Item
# Fund Use Amount
A4 General Fund Manufacturing Equipment Use Tax $28,329
A8 General Fund Grocery Rebate Program participation
320,000
A9 General Fund Land Bank Operating Expenses
22,000
F1 Utility CS&A Fund Banking & Credit Card Fee Appropriation
506,778
F2 Utility CS&A Fund Utilities Legal Expenses Appropriation
36,804
K2 Golf Fund Capital Projects and City Park 9 Fairway Damages
374,600
Total Use of Prior Year Reserves: $1,288,511
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The 2025 Annual Adjustment Ordinances were reviewed by the Council Finance Committee during their
September 4, 2025, meeting. The members supported the ordinances moving forward to the full Council
on September 16, 2025, on the Consent Agenda.
PUBLIC OUTREACH
None.
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ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/
1. Ordinance No. 149, 2025
2. Ordinance No. 150, 2025
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Item 5.
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ORDINANCE NO. 149, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS IN VARIOUS
CITY FUNDS
A. The City has received additional revenue and other funds this fiscal year
that were not anticipated.
B. The City has also received revenue and other funds that has been
anticipated but which was not appropriated in the 2025 annual appropriation or previous
supplemental appropriations.
C. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriations, in combination with all previous appropriations for that fiscal year, does
not exceed the current estimate of actual and anticipated revenues and all other funds to
be received during the fiscal year.
D. The City Manager is recommending the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the funds named within Section 1 of this Ordinance and will not cause the total
amount appropriated in each fund named within Section 1 of this Ordinance to exceed
the current estimate of actual and anticipated revenues and all other funds to be received
in each such fund during this fiscal year.
E. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant or donation, that such appropriation shall not lapse at the end of the
fiscal year in which the appropriation is made, but continue until completion of the capital
project or the earlier of the expiration of the federal, state or private grant o r donation or
the City’s expenditure of all funds received from such grant or donation .
F. The City Council wishes to designate the appropriations described herein
within Section 1 of this Ordinance, the Police – 2024/2025 HVE Grant, as non-lapsing for
the capital projects and the federal, state or private grants as appropriations that shall not
lapse until completion of the capital project and the earlier of the expiration of the grant
or the City’s expenditure of all funds received from such grant .
G. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public's health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that such expenditures will serve the
public purposes for which they are designated.
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In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds the amounts
of additional revenue and other funds existing appropriations as described below, to be
expended for the public purposes stated below.
GENERAL FUND
FROM: Unanticipated Revenue (Police Northern CO Drug Taskforce) $7,590
FOR: Northern Colorado Drug Taskforce $7,590
FROM: Unanticipated Revenue (2024-2025 HVE Grant) $3,000
FOR: Monitor DUI Compliance (non-lapsing) $3,000
FROM: Unanticipated Revenue (Police Miscellaneous Revenue) $95,443
FOR: Police Miscellaneous Revenue $95,443
FROM: Unanticipated Revenue (Police Reimbursable Overtime) $468,863
FOR: Police Reimbursable Overtime for events $468,863
FROM: Unanticipated Revenue (School Resource Officers) $120,498
FOR: Overtime for School Resource Officers $120,498
FROM: Unanticipated Revenue (DUI Enforcement) $4,978
FOR: DUI enforcement $4,978
FROM: Unanticipated PIL Revenue $21,750
FOR: Citywide Tree Planting $21,750
FROM: Unanticipated rental revenue $10,575
FOR: Overland Park $10,575
FROM: Unanticipated Revenue (PRPA) $52,500
FOR: Citywide retail study $52,500
FROM: Unanticipated Revenue (Radon kit sales) $1,403
FOR: Purchase of radon kits to sell $1,403
FROM: Unanticipated Revenue (Conflict Transformation Works) $16,680
FOR: Conflict Transformations Works Program $16,680
FROM: Unanticipated Revenue from NextGenServe $7,800
FOR: Fund hourly employees that support Volunteer Services $7,800
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Item 5.
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CULTURAL SERVICES & FACILITIES FUND
FROM: Unanticipated Revenue $711,000
FOR: Lincoln Center live show promoters and artists $711,000
RECREATION FUND
FROM: Unanticipated Revenue $450,000
FOR: Expenses related to higher participation rate $450,000
TRANSPORTATION SERVICES FUND
FROM: Unanticipated Revenue (Vendor fees) $5,000
FOR: Open Streets Program $5,000
FROM: Unanticipated Revenue (Spin annual payment) $10,000
FOR: Installation of bike and scooter boxes for parking $10,000
FROM: Unanticipated Revenue (Work for Others) $125,000
FOR: Work For Others program within the Streets Dept $125,000
SELF INSURANCE FUND
FROM: Unanticipated Revenue $653,461
FOR: City insurance premiums and claim settlements $653,461
LIGHT & POWER FUND
FROM: Unanticipated Revenue Light & Power Development Fees $1,504,528
FOR: Electric Infrastructure Costs $1,504,528
FROM: Unanticipated Revenue PILOT $299,000
FOR: PILOT Expenses $299,000
FROM: Unanticipated Revenue from Open Intl judgement $205,915
FOR: Unplanned legal expenses $205,915
WATER FUND
FROM: Unanticipated Revenue PILOT $250,000
FOR: PILOT Expenses $250,000
FROM: Unanticipated Revenue from Open Intl judgement $102,958
FOR: Unplanned legal expenses $102,958
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WASTEWATER FUND
FROM: Unanticipated Revenue PILOT $55,000
FOR: PILOT Expenses $55,000
FROM: Unanticipated Revenue from Open Intl judgement $51,479
FOR: Unplanned legal expenses $51,479
STORMWATER FUND
FROM: Unanticipated Revenue from Open Intl judgement $51,479
FOR: Unplanned legal expenses $51,479
GOLF FUND
FROM: Unanticipated Revenue $550,000
FOR: Contract Labor and Banking Fees $550,000
Section 2. The appropriations identified above as non-lapsing in Section 1 of
this Ordinance, the Police - 2024/2025 HVE Grant, for the capital projects and the federal,
state or private grants, as authorized in Article V, Section 11 of the City Charter, as
appropriations that shall not lapse until completion of the capital projects and the earlier
of the expiration of the grants or the City’s expenditure of all funds received from such
grants.
Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
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ORDINANCE NO. 150, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS IN VARIOUS CITY FUNDS
A. The City has prior year-reserves available for appropriation.
B. Article V, Section 9 of the City Charter permits the City Council, upon
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 funds were not previously appropriated.
C. The City Manager is recommending the appropriations described herein
and has determined that these appropriations are available and previously
unappropriated from the funds named within Section 1 of this Ordinance and will not
cause the total amount appropriated in each fund named within Section 1 of this
Ordinance to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in each such fund during this fiscal year.
D. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
E. The City Manager has recommended the transfer of $115,000 from the non-
lapsing Capital Projects Fund – Laporte Avenue Bridge Project to the lapsing project
budget in the Transportation Services Fund in the Streets program for concrete work within
2025 and determined that the purpose for which the transferred funds are to be expended
remains unchanged.
F. The City Council finds and determines that the adoption of this Ordinance
is necessary for the public’s health, safety, and welfare, and therefore, wishes to authorize
the expenditures described in this Ordinance and that su ch expenditures will serve the
public purposes for which they are designated in Section 1 below.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds the amounts
of prior year reserves set forth below to be expended for the public purposes stated below.
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GENERAL FUND
FROM: Prior Year Reserves (Manufacturing Rebate reserve
within the General Fund) $28,329
FOR: Manufacturing Equipment Use Tax $28,329
FROM: Prior Year Reserves (PILOT) $320,000
FOR: Grocery rebates for financially insecure residents $320,000
FROM: Prior Year Reserves (Land Bank) $22,000
FOR: Land Bank Operational Expenses $22,000
UTILITY CS&A FUND
FROM: Prior-year Reserves in the Utility Customer Service
and Administration Fund $506,778
FOR: Utilities Banking & Credit Card Fees $506,778
FROM: Prior-year Reserves in the Utility Customer Service
and Administration Fund $36,804
FOR: Unplanned legal expenses $36,804
GOLF FUND
FROM: Golf Fund Reserves $374,600
FOR: Minor capital projects and City Park 9 Fairway Damages $374,600
Section 2. The following unexpended and unencumbered appropriated
amounts are hereby authorized for transfer between the following funds and appropriated
therein as detailed below to be expended for the public purposes stated below.
TRANSPORTATION SERVICES FUND
FROM: Transfer from Capital Projects Fund (Previous $115,000
Unexpected Appropriation)
FOR: Concrete work within Streets Program $115,000
Section 3. The unexpended and unencumbered appropriated amount of ONE
HUNDRED AND FIFTEEN THOUSAND DOLLARS ($115,000) is authorized for transfer
from the Capital Projects Fund – Laporte Avenue Bridge Budget to the Transportation
Services Fund budget in the Steets program and appropriated therein to be expended for
concrete work within the Streets program in 2025.
Page 110
Item 5.
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Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
Page 111
Item 5.
File Attachments for Item:
6. Second Reading of Ordinance No. 151, 2025, Amending Sections 26-148 and 26-149 of
the Code of the City of Fort Collins Regarding Water Supply Requirement Credits for
Water Services.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, ensures that
City Code (Code) more comprehensively addresses how Fort Collins Utilities (Utilities) credits
existing water services when they are changed, typically during redevelopment. Code currently
addresses how Utilities credits nonresidential services when they are redeveloped and replaced
with a new nonresidential service. However, Code does not currently address how Utilities
should credit residential services that are redeveloped into nonresidential services, or when
nonresidential services are redeveloped into residential services. This item would fill those gaps.
Page 112
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jen Dial, Utilities Water Resources Manager
SUBJECT
Second Reading of Ordinance No. 151, 2025, Amending Sections 26-148 and 26-149 of the Code of
the City of Fort Collins Regarding Water Supply Requirement Credits for Water Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, ensures that City Code
(Code) more comprehensively addresses how Fort Collins Utilities (Utilities) credits existing water services
when they are changed, typically during redevelopment. Code currently addresses how Utilities credits
nonresidential services when they are redeveloped and replaced with a new nonresidential service.
However, Code does not currently address how Utilities should credit residential services that are
redeveloped into nonresidential services, or when nonresidential services are redeveloped into residential
services. This item would fill those gaps.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
In order to receive a new water service or to replace an existing service with a larger size, Utilities’
customers must meet a Water Supply Requirement (WSR). The WSR accounts for the additional water
demand a new development or redevelopment brings into the water service area. Currently the WSR can
be met with cash and/or City certificates/credits.
In the case of the replacement of an existing service with a larger size or other change to an existing
service for nonresidential services, Utilities will give a credit towards the nonresidential service permit in
the amount of the annual allotment for the existing service. If the credit is greater than the WSR or annual
allotment that would otherwise be required or assigned for the new service permit, the credit establishes
the WSR or annual allotment for the new service permit and no cash refund or water certificates issued by
the City shall be provided to the applicant.
However, there is currently no analogous provision to credit a nonresidential service changed to a
residential service, or a residential service changed to nonresidential service. While these are rare
occurrences, staff recommend addressing this scenario in code to provide fair and equitable credits for
existing residential and nonresidential services. Thus, staff is proposing a new Code Section 26-148(d)
regarding the credit Utilities gives for residential services along with certain analogous modifications to
Code Section 26-149(h).
Page 113
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
WSR credits for residential services
The proposed new Code Section 26-148(d) under ‘Water supply requirement (WSR); residential service’
states that in the case of the replacement of an existing service with a larger size, conversion of a residential
service to a nonresidential service, or other change to an existing service, Utilities will give credit towards
the service permit for the amount of the WSR that would be required for that existing service under Code
Section 26-148. If the credit is greater than the WSR or the nonresidential annual allotment that would
otherwise be required or assigned for the new service permit, the credit establishes the WSR or
nonresidential annual allotment for the new service and no cash refund or water certificates issued by the
City shall be provided to the applicant. The credit authorized under this subsection is not transferrable to
other properties or services.
WSR credits for nonresidential services
The proposed modified Code Section 26-149(h) under ‘Water supply requirement (WSR); nonresidential
service’ clarifies that in the case of the conversion of a nonresidential service to a residential service Utilities
will give a credit towards the new service permit for the amount of the annual allotment for the existing
service. If the credit is greater than the WSR or annual allotment that would otherwise be required or
assigned for the new service permit, the credit shall establish the WSR or annual allotment for the new
service permit and no cash refund or water certificates issued by the City shall be provided to the applicant.
The credit authorized under this subsection is not transferrable to other properties or services.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/
1. Ordinance No. 151, 2025
Page 114
Item 6.
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ORDINANCE NO. 151, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 26-148 AND 26-149 OF THE CODE OF THE CITY OF FORT
COLLINS REGARDING WATER SUPPLY REQUIREMENT CREDITS FOR WATER
SERVICES
A. The City owns and operates a water utility that provides water service to
customers in its service area pursuant to the City Charter, City Code, and other applicable
laws.
B. The City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain, and provide for the collection of such rates, fees,
or charges for utility services furnished by the City as well as produce revenues sufficient
to pay the costs, expenses, and other obligations of the water utility, as set fort h therein.
C. City water utility customers must meet the Water Supply Requirement
(“WSR”) to receive new water service or to replace an existing meter or service with a
larger size. See City Code Section 26-147. The WSR is set forth in City Code Sections
26-146 through 26-150. The WSR is calculated, in gallons, considering the annual volume
of water a customer is anticipated to use. The WSR for residential water service is set
forth in City Code Section 26-148. The WSR for nonresidential water service is set forth
in City Code Section 26-149.
D. In the case of the replacement of an existing meter with a larger size or
other change to an existing nonresidential service, the utility will give a credit towards the
nonresidential service permit pursuant to City Code Section 26-149(h). However, there is
currently no analogous provision for the utility to give a credit for nonresidential services
being changed to residential services, or for residential services being changed to
nonresidential services.
E. To provide for fair and equitable credits to be given for existing residential
and nonresidential services, the City Council is in this Ordinance adopting a new City
Code Section 26-148(d) regarding the utility giving a credit for residential services with
certain analogous modifications to City Code Section 26-149(h).
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 26-148 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (d) which reads in its entirety as follows:
Sec. 26-148. - Water supply requirement (WSR); residential service.
. . .
Page 115
Item 6.
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(d) In the case of the replacement of an existing meter with a larger size, conversion
of a residential service to a nonresidential service, or other change to an existing service,
the utility will give a credit towards the new service permit as follows. The credit towards
the new service permit shall be for the amount of the WSR that would be required for the
existing service under this section. If the credit is greater than the WSR or the
nonresidential annual allotment that would otherwise be required or assigned for the new
service permit, the credit shall establish the WSR or nonresidential annual allotment for
the new service and no cash refund or water certificates issued by the City shall be
provided to the applicant. The credit authorized under this subsection is not transferrable
to other properties or services.
Section 2. Section 26-149(h) of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-149. – Water supply requirement (WSR); nonresidential service.
. . .
(h) In the case of the replacement of an existing meter with a larger size, conversion
of a nonresidential service to a residential service, or other change to an existing service,
the utility will give a credit towards the new service permit as follows. The credit towards
the new service permit shall be for the amount of the annual allotment for the existing
service. If the credit is greater than the WSR or annual allotment that would otherwise be
required or assigned for the new service permit, the credit shall establish the WSR or
annual allotment for the new service permit and no cash refund or water certificates
issued by the City shall be provided to the applicant. The credit authorized under this
subsection is not transferrable to other properties or services.
. . .
Page 116
Item 6.
-3-
Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Eric Potyondy
Exhibit: None
Page 117
Item 6.
File Attachments for Item:
7. Second Reading of Ordinance No. 152, 2025, Amending Chapter 24 Article IV of the
Code of the City of Fort Collins Relating to Portable Signs.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, updates the
City Code (Code) pertaining to portable signs. This ordinance updates the areas where portable
signs are allowed to more accurately reflect the designated downtown areas as well as the
timeframe of when a portable sign permit is valid and the requirements to obtain a permit.
Page 118
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Kenneth Zetye, Construction Inspection Manager for Engineering
Brad Buckman, City Engineer
Ginny Sawyer, Lead Project Manager, City Manager’s Office
SUBJECT
Second Reading of Ordinance No. 152, 2025, Amending Chapter 24 Article IV of the Code of the
City of Fort Collins Relating to Portable Signs.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, updates the City Code
(Code) pertaining to portable signs. This ordinance updates the areas where portable signs are allowed to
more accurately reflect the designated downtown areas as well as the timeframe of when a portable sign
permit is valid and the requirements to obtain a permit.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Staff set out to address certain issues that have arisen with regard to the provisions of the sign Code. This
came about primarily because of the geographical growth of the downtown over the past fifteen years since
the downtown portable sign area was last updated. Through the proposed changes, staff also seeks to
make the permitting process less onerous on applicants and to obtain a higher rate of compliance.
Existing Code provides that the portable sign placement area means the area shown on a map dated April
3, 2009, on file in the City Clerk’s Office. That map is outdated with the downtown area growth, and referring
to a static map limits the ability to grow with the downtown area. Proposed Code changes refer to the
Downtown zone district as identified in the Land Use Code, which allows the portable sign placement area
to grow along with the downtown area.
For a sign permit, existing Code requires an applicant must: (1) sign an indemnity agreement; (2) obtain a
$1 million insurance policy naming City as insured; and (3) pay an annual fee. Of the large number of
portable signs downtown, only approximately 15% of them are permitted. Proposed changes intend to
lessen the burden on applicants to encourage compliance. Proposed changes continue the indemnity
agreement requirement, remove the insurance requirement, provide for a one -time fee for the duration of
the permit, and extend the validity of a permit to last as long as the indemnification statement remains valid
or until revoked.
Page 119
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Regarding revocation, existing Code contains an outdated citation and does not provide guidance for when
a permit may be revoked. Proposed Code changes provide criteria for permit revocation.
Existing Code provides that the City Manager issues the permits and also provides for a ppeals to the City
Manager. Proposed changes provide for the City Engineer to issue and manage the permits and continue
to provide that appeals go to the City Manager.
Proposed changes also update who may be issued a permit to comply with First Amendment case law and
update the treatment of any impounded signs to comply with recent State changes to unclaimed property
laws.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/
1. Ordinance No. 152, 2025
Page 120
Item 7.
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ORDINANCE NO. 152, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 24 ARTICLE IV OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO PORTABLE SIGNS
A. City Code currently regulates the permitting and placement of portable signs
on City sidewalks in Article IV of Chapter 24 of the City Code. Since the time these
provisions were last updated in 2009, issues have arisen as a result of the geographical
growth of the downtown over the past fifteen years.
B. The City Code provides for a portable sign placement area shown on a map
dated April 3, 2009, that has been on file in the office of the City Clerk. That map is
outdated with the downtown area growth, and referring to a static map limits the ability to
grow with the downtown area. This Ordinance uses the Downtown zone district as
identified in the Land Use Code, as the portable sign placement area, allowing that
defined area to grow along with the downtown area.
C. To obtain a sign permit, the City Code requires that an applicant must: (1)
sign an indemnity agreement; (2) obtain a $1 million insurance policy naming City as
insured; and (3) pay an annual fee. Although there is a large number of portable signs
downtown, only approximately 15% of them are permitted. This Ordinance lessens the
burdens for obtaining a permit to encourage compliance. This Ordinance specifically
continues the indemnity agreement requirement, removes the insurance requirement,
provides for a one-time fee for the duration of the permit, and extend s the validity of a
permit to last as long as the indemnification statement remains valid or until revoked.
D. The City Code contains an outdated citation to the revocation section and
does not provide guidance for when a permit may be revoked. This Ordinance adds
criteria for permit revocation.
E. The City Code provides that the City Manager issues the portable sign
permit and also considers any appeals of permit denials. This Ordinance provides that
the City Engineer will issue and manage the permits and continues to provide that appeals
go to the City Manager.
F. This Ordinance also updates the Code to conform to legal developments,
including the enactment of new Colorado laws.
G. The City Council has determined that the changes to City Code herein
improve the regulation of portable signs in the downtown area, ensure protection of
individual rights, improve compliance with said regulations, and are in the public’s, City’s,
and permittees’ best interests to protect the safety and welfare of persons using
downtown sidewalks, including persons entering and leaving buildings and persons
providing essential utility and emergency services.
Page 121
Item 7.
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In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 24-151 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-151. – Definitions.
The following words, terms and phrases, when used in this Article, have the meaning
respectively ascribed to them in this Section:
Permittee means the person authorized by the City and issued a portable sign permit to
place a portable sign upon a City sidewalk or sidewalk railing.
Person means any person or entity, including but not limited to a corporation, limited
liability company, partnership, unincorporated association or joint venture.
Portable sign means a sign that rests on the sidewalk or is attached to sidewalk railings
and that is neither temporarily nor permanently affixed to the sidewalk or railing or to an
adjacent building or structure.
Portable Sign Placement Area means the Downtown Zone District.
Sidewalk means any surface provided for the use of pedestrians.
Section 2. Section 24-152 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-152. – Portable sign permit required.
It shall be unlawful for any person to erect, place or maintain any portable sign on or within
any public right-of-way in the City expect within the Portable Sign Placement Area
pursuant to a permit from the City Engineer approving the location, construction, stability
and other aspects of such portable sign under the provisions of this Article. Any portable
sign that has not been authorized by a valid permit issued by the City under this Article
may be removed by the City without notice, notwithstanding any provision in § 17 -42 of
this Code to the contrary.
Section 3. Section 24-153 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-153. – Portable sign permits; term; transfer of permit.
(a) Applications for a portable sign permit must be submitted to the City Engineer in
writing on a form provided by the City and shall be accompanied by a written statement,
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Item 7.
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in a form satisfactory to the City Attorney, agreeing to indemnify and hold harmless the
City, its officers and employees from any loss, liability or damage, includ ing expenses
and costs, for bodily or personal injury or property damage sustained by any person as a
result of the installation, use or maintenance of the portable sign for which the permit is
issued. Nothing herein shall be construed as a waiver of immun ity as provided by the
provisions of the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S.
As a condition of issuance, each permittee must pay a one (1) time fee of forty dollars
($40) per permit for the duration in Subsection (c) of th is Section.
(b) The City Engineer’s decision whether to issue or deny the issuance of a permit
shall be made within fifteen (15) business days following the date that a complete
application has been submitted to the City.
(c) Permits shall be valid for so long as the permittee’s indemnification statement
under Subsection (a) of this Section remains valid or until revoked pursuant to § 24-156
of this Chapter or pursuant to Article XI, Section 10 of the Charter.
(d) Permits are not transferrable to another person or another location.
Section 4. Section 24-154 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-154. – Placement and removal of portable signs.
. . .
(b) No portable sign placed on the surface of a sidewalk may be placed, installed,
used or maintained:
. . .
(5) On any portion of a utility cover, meter and/or valve box cover, vent cover
for underground utilities or on any granite or other decorative sidewalk without
special approval by the City Engineer;
. . .
(8) At a location used for public utilities, transportation or other public or
governmental purposes that, in the judgment of the City Engineer, is incompatible
with portable signs;
. . .
(c) Portable signs placed on the surface of a sidewalk shall not be secured to any City
property such as a light pole, sign post or tree, and shall not be secured to the surfaces
Page 123
Item 7.
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upon which they are situated by bolts, but must instead be secured by weight or other
anchoring device approved by the City Engineer, and shall not be anchored by
penetration of soil beneath tree grates.
(d) No more than one (1) portable sign, or two (2) sign surfaces in the case of portable
signs attached to sidewalk railings, shall be permitted for each permittee in the building
that is adjacent to the location of the sign.
. . .
Section 5. Section 24-156 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-156. – Revocation.
(a) The City Engineer may revoke any permits issued hereunder:
(1) If conditions change so that the permit application could have been denied
in the first instance;
(2) In the event of a local emergency under City Code § 2-666 or a national
special security event under 6 USC § 601(9);
(3) If continuation of the permit presents a clear and present danger to the
public;
(4) If it is in the City’s or public’s interest to revoke the permit; or
(5) For noncompliance with permit terms and conditions.
(b) The permittee is not entitled to a refund of any fees paid, and the permittee may
be liable to pay additional costs incurred by the City due to the revocation.
(c) In the event that the Colorado Department of Transportation determines to take
jurisdiction of the issuance of permits on sidewalks adjacent to state highways , and
requests the City to revoke permits granted under this Article, the City Engineer may
summarily revoke any permits issued hereunder.
Section 6. Section 24-157 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-157. – Violations.
(a) Upon determination by the City Engineer that a portable sign has been installed,
used or maintained in violation of this Article, the City Engineer may order the permittee
to correct the offending condition. Such order will be sent by electronic mail or by
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Item 7.
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registered mail, return receipt requested, to the permittee. The order will describe the
offending condition, state the actions necessary to correct the condition and establish a
date for compliance that is not less than f ive (5) business days from the date that the
order is sent to the permittee. The order will inform the permittee of the right to appeal
pursuant to § 24-158 of this Article. The City Engineer may remove the offending portable
sign and revoke the portable sign permit if the permittee has not appealed the order or
removed the sign by the date set for compliance in the order and the offending condition
has not been cured by said date. The City Engineer will cause an inspection to be made
of any corrected condition of a portable sign or of a portable sign that is reinstated after
removal under this Section.
(b) Any impounded portable sign will be treated as unclaimed property and disposed
of by the City if not claimed within one (1) year of the date of impoundment.
Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Heather N. Jarvis
Exhibit: None
Page 125
Item 7.
File Attachments for Item:
8. Second Reading of Ordinance No. 153, 2025, Creating a New Article VI in Chapter 24 of
the Code of the City of Fort Collins Relating to Electric Vehicle Charging by Temporary
Cord Draping.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, secures and
promotes the public health, safety, and general welfare of persons using City sidewalks by
regulating the placement, covering over, use, and removal of electric vehicle charging cords
located upon certain public sidewalks within the City. To expand charging opportunities for
electric vehicles for persons without dedicated off-street parking at their residence, this
proposed new City Code (Code) regulates the safe draping of an electric vehicle charging cord
across a sidewalk or other public right-of-way at the person’s residence for the purpose of
providing a charge to a curbside vehicle at the person’s residence.
Page 126
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Kenneth Zetye, Construction Inspection Manager for Engineering
Brad Buckman, City Engineer
Ginny Sawyer, Lead Project Manager, City Manager’s Office
SUBJECT
Second Reading of Ordinance No. 153, 2025, Creating a New Article VI in Chapter 24 of the Code of
the City of Fort Collins Relating to Electric Vehicle Charging by Temporary Cord Draping.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, secures and promotes
the public health, safety, and general welfare of persons using City sidewalks by regulating the placement,
covering over, use, and removal of electric vehicle charging cords located upon certain public sidewalks
within the City. To expand charging opportunities for electric vehicles for persons without dedicated off -
street parking at their residence, this proposed new City Code (Code) regulates the safe draping of an
electric vehicle charging cord across a sidewalk or other public right-of-way at the person’s residence for
the purpose of providing a charge to a curbside vehicle at the person’s residence.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Staff set out to address certain issues that have arisen because of the needs of residents who do not have
access to off-street parking to be able to charge their electric and plug-in hybrid electric vehicles. Through
the proposed Code, staff seeks to provide for a resident to temporarily and safely drape a cord across the
right-of-way to charge their electric vehicle while also maintaining ADA accessibility/requirements on city
sidewalks. The proposed Code aims to expand charging opportunities for residents without dedicated off-
street parking by providing regulations for how to safely cover a charging cord draped perpendicularly
across a sidewalk or public right-of-way for the purpose of providing a charge a curbside vehicle. Cord
draping is a permitted use for any person who complies with all the requirements of the proposed Article
VI, but the City Engineer may rescind cord draping permission from any person for f ailure to comply with
any of the requirements and may also remove any unsafe equipment.
The proposed new code provisions provide that if off-street parking is available for a residence, a person
must use such off-street parking for electric vehicle charging rather than using the street to charge by cord
draping. Also, a person may only charge one vehicle at a time at their residence, only when the residence
does not have available dedicated off-street parking or alley access at the residence, and only when the
residence is a single-unit or multi-unit residence.
Page 127
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The proposed new code provisions also provide that a person charging their electric vehicle by temporary
cord draping must:
• Place the electric vehicle charging cord perpendicular across to the sidewalk and must cover the cord
with a highly visible, stable, and secure low-angle cable ramp while charging.
• Plug the electric vehicle charging cord into an outlet linked to the person’s utility bill for the person’s
single-unit or multi-unit residence.
• Remove all charging equipment and covering when not charging an electric vehicle.
• Use only Level 1 (110-120V) charging equipment. No Level 2 (240V) charging cords may cross the
right-of-way.
• Follow all local parking regulations, both temporary and permanent.
• Comply with all relevant sections of the National Electric Code and NFPA 70.
• Not sell charging time or space.
• Not use signage or other means to reserve a parking space.
Under the proposed code, cord draping is a permitted use for any person who complies with all the
requirements of the proposed Article VI, but the City Engineer may rescind cord draping permission from
any person for failure to comply with any of the requirements, may issue citations, and may remove any
equipment that has been placed, used, failed to be covered, or failed to be removed in violation of the
proposed Article VI.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/
1. Ordinance No. 153, 2025
Page 128
Item 8.
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ORDINANCE NO. 153, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CREATING A NEW ARTICLE VI IN CHAPTER 24 OF THE CODE
OF THE CITY OF FORT COLLINS RELATING TO ELECTRIC
VEHICLE CHARGING BY TEMPORARY CORD DRAPING
A. This Ordinance expands charging opportunities for residents without
dedicated off-street parking to charge electric vehicles by establishing safety protocols
for a charging cord draped perpendicularly across a sidewalk or public right -of-way to
charge a curbside vehicle.
B. This Ordinance promotes public health, safety, and general welfare of
persons using City sidewalks by addressing the placement, covering over, use, and
removal of electric vehicle charging cords located upon certain public sidewalks within
the City. This code allows a resident to temporarily and safely drape a cord across the
right-of-way to charge their electric vehicle while also maintaining ADA accessibility and
meeting ADA requirements on city sidewalks.
C. Cord draping is defined as the practice of temporarily extending an electric
vehicle charging cable across a public pathway, sidewalk, or other right -of-way to reach
a vehicle parked on the street. If off-street parking is available for a residence, a person
must use off-street parking for electric vehicle charging rather than using the street to
charge by cord draping. Further, a person may only charge one vehicle at a time at their
residence, only when the residence does not have available dedicated off -street parking
or alley access at the residence, and only when the residence is a single-unit or multi-unit
residence.
D. The City Code provisions enacted herein also provide that a person
charging their electric vehicle by temporary cord draping must:
• Place the electric vehicle charging cord perpendicular across to the sidewalk
and must cover the cord with a highly visible, stable, and secure low-angle
cable ramp while charging;
• Plug the electric vehicle charging cord into an outlet linked to the person’s utility
bill for the person’s single-unit or multi-unit residence;
• Remove all charging equipment and covering when not charging an electric
vehicle;
• Use only Level 1 (110-120V) charging equipment. No Level 2 (240V) charging
cords may cross the right-of-way;
• Follow all local parking regulations, both temporary and permanent ;
• Comply with all relevant sections of the National Electric Code and NFPA 70;
• Not sell charging time or space; and,
• Not use signage or other means to reserve a parking space.
E. As provided in this Ordinance, the City Code will allow cord draping by any
person who complies with all the requirements of the proposed Article VI, while
Page 129
Item 8.
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authorizing the City Engineer to rescind cord draping permission from any person for
failure to comply with any of the requirements, to issue citations, and to remove any
equipment that has been placed, used, failed to be covered, or failed to be removed in
violation of the proposed Article VI.
F. The City Council has determined that the additions to City Code herein
provide necessary regulation of charging electric vehicles by cord draping and are in the
public’s and City’s best interests to protect the safety and welfare of persons using the
sidewalks and City rights-of-way.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Chapter 24 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Article VI, which reads in its entirety as follows:
ARTICLE VI.
ELECTRIC VEHICLE CHARGING BY TEMPORARY CORD DRAPING
Sec. 24-180. Intent and purpose.
The purpose of this Article is to secure and promote the public health, safety and general
welfare of persons using City sidewalks by regulating the placement, covering over, use,
and removal of electric vehicle charging cords located upon certain public s idewalks
within the City. To expand charging opportunities for electric vehicles for persons without
dedicated off-street parking at their residence, this Article regulates the safe draping of
an electric vehicle charging cord across a sidewalk or other pu blic right-of-way at the
person’s residence for the purpose of providing a charge to a curbside vehicle at the
person’s residence.
Sec. 24-181. Definitions.
The following words and phrases, when used in this Article, have the meaning
respectively ascribed to them unless the context otherwise clearly indicates:
City Engineer means the City Engineer or their designee.
Cord draping means the practice of temporarily extending an electric vehicle charging
cable across a public pathway, sidewalk, or other right-of-way to reach a vehicle parked
on the street.
Electric vehicle means a plug-in electric motor vehicle or plug-in hybrid motor vehicle
whose propulsion is powered fully or mostly by an electric motor that draws electricity
from a battery and is capable of being charged from an external source.
Electric vehicle charging cord means a cable that is used to provide electricity to an
electric vehicle, is designed to ensure that a safe connection has been made between the
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electric grid and the vehicle, and is able to communicate with the electric vehicle’s control
system so that electricity flows at an appropriate voltage and current level.
Person means any person or entity, including but not limited to a corporation, limited
liability company, partnership, unincorporated association or joint venture.
Residential cord draper means the person who is authorized by the City through
compliance with this Article to charge an electric vehicle by cord draping.
Sidewalk means any surface provided for the use of pedestrians.
Sec. 24-182. Authorization to charge a vehicle by cord draping at a person’s
residence.
(a) Cord draping is a permitted use for any person who complies with all the
requirements of this Article VI, but the City Engineer may rescind cord draping permission
from any person for failure to comply with any of the requirements of this Article VI.
(b) If off-street parking is available for a residence a person must use such off -street
parking for electric vehicle charging rather than using the street to charge by cord draping.
(c) A residential cord draper may charge an electric vehicle on the street by cord
draping at the residential cord draper’s residence, provided:
(1) The residential cord draper charges a vehicle only when the residence does
not have available dedicated off -street parking or alley access at the residence
and only when the residence is a single-unit or multi-unit residence; and
(2) The residential cord draper charges only one vehicle at a time at their
residence; and
(3) The residential cord draper complies with all regulations in this Article
including the placement, covering, removal, and safety requirements in Section
24-183; and
(4) The electric vehicle being charged at the residential cord draper’s residence
must be legally parked while charging.
(d) Each electric vehicle charging cord for a vehicle being charged by cord draping
must:
(1) Be Level 1 (110-120V) charging equipment. No Level 2 (240V) charging
cords may cross the right-of-way; and
(2) Be inserted into an outlet linked to the residential cord draper’s utility bill for
the residential cord draper’s single-unit or multi-unit residence;
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(3) Be placed, covered, removed, and labeled as provided in Section 24-183 of
this Article.
Sec. 24-183. Placement, covering, and removal of electric vehicle charging cords.
(a) Perpendicular placement. An electric vehicle charging cord must cross
perpendicular to the sidewalk to minimize obstacles to mobility.
(b) Electric vehicle charging cord covering. Electric vehicle charging cords while
charging a vehicle must be covered by a highly visible, stable, and secure low angle cable
ramp according to the requirements in this Subsection.
(1) If the total height of the equipment (both cord and ramp) does not exceed
one half (1/2) inch in height, the following requirements apply as illustrated in
Figure 1:
a. The ramp must cover the charging cord completely across the
sidewalk or other right-of-way and can be no less than four (4) feet in length;
and
b. The ramp must be no steeper than a fifty percent (50%) grade (1:2
gradient).
(2) If the total height of the equipment (both cord and ramp) exceeds one half
(1/2) inch in height, the following requirements apply as illustrated in Figure 2 and
Figure 3:
a. The ramp must be no steeper than an 8.3% grade (1:12 gradient);
and
b. A three (3) foot by five (5) foot clear landing on the sidewalk must be
on either side of the ramp; and
c. The ramp must cover the entire width of the sidewalk and can be no
less than four (4) feet wide; and
d. A five (5) foot by four (4) foot or grea ter landing platform must be at
the top of the ramp; and
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e. The landing must be flat, with no more than a two percent (2%) slope
(1:50 gradient) in any direction; and
f. Perpendicular to the direction of travel, the ramp must not have a
cross slope exceeding a two percent (2%) grade (1:50 gradient).
(3) In no event may the total height of the equipment (both cord and ramp)
exceed one (1) inch in height.
(c) Safety and removal of electric vehicle charging cords. Any person charging a
vehicle by cord draping must comply with the following safety requirements:
(1) When not charging a vehicle, all electric vehicle charging equipment must
be removed from the right-of-way; and
(2) All local parking regulations, both temporary and permanent, remain
unchanged and must be followed; and
(3) Any person charging a vehicle by cord draping must comply with all relevant
sections of the National Electric Code and NFPA 70; and
(d) Labeling. The cable ramp must have affixed to the underside of the ramp a label
containing the name and address of the residential cord draper, the electronic mail
address to reach the residential cord draper, the telephone number of a working
telephone service to reach the residential cord draper, and the residential cord draper’s
homeowners/tenant liability insurance policy company and number.
Sec. 24-184. Selling of charging time or space prohibited.
The selling of charging time or space is prohibited. In accordance with City Code Section
26-445, nothing in this Article allows a person or entity other than the electric utility of the
City of Fort Collins, Colorado, to engage in the sale of electric ser vice. No person shall
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sell any parking space or electric vehicle charging equipment draped across any City
right-of-way to charge a vehicle under this Article. No person shall use signage or other
means to reserve a parking space for charging a vehicle by cord draping under this Article.
Sec. 24-185. Violations.
(a) Upon determination by the City Engineer that an electric vehicle charging cord has
been placed, used, failed to be covered, or failed to be removed in violation of this Article,
the City Engineer may order the residential cord draper to correct the offending condition.
Any such order to correct an offending condition may be issued by electronic mail or sent
by registered mail, return receipt requested, to the residential cord draper. The order will
describe the offending condition, state the actions necessary to correct the condition,
establish a date for compliance that is not more than five (5) business days from the date
the order is sent to the residential cord draper, and inform the residen tial cord draper of
the right to appeal pursuant to Section 24-186 of this Article. If the residential cord draper
has not cured the offending condition within five (5) business days of the order, residential
cord draping will no longer be permitted in this location unless and until further agreement
by the City Engineer to ensure safety and compliance, and the City Engineer may remove
the offending electric vehicle charging cord and equipment, impose a fine for expenses
incurred to restore the public right-of-way, issue a citation for violation of this Article, or
may take any combination of the actions provided in this Section. The City Engineer will
cause an inspection to be made of any corrected condition of an electric vehicle charging
cord under this Section.
(b) Notwithstanding the notice, opportunity to cure, and appeal provisions in
Subsection (a) of this Section, in the interest of public safety and welfare, if at any time
the City Engineer determines that any electric vehicle charging cord or cord covering has
been placed or installed in or on public property in violation of this Article and such
equipment poses an imminent threat to public safety and welfare, the City Engineer may
without notice remove the equipment. The City Engineer will attempt to notify th e
equipment owner on the date of removal that if not claimed by the owner the equipment
will be disposed of as provided in Subsection (e) of this Section.
(c) The City will not be held liable for any damage to any electric vehicle charging
cord, cable ramp, or other charging equipment removed under this Section.
(d) Whenever the City Engineer finds an electric vehicle charging cord cable ramp that
does not have affixed to the cable ramp the name, address, and telephone number of the
residential cord draper as required under Section 24-183(b)(1), the City Engineer will
make reasonable efforts to ascertain who the residential cord draper is and notify the
residential cord draper of the violation.
(e) Any impounded electric vehicle charging cord will be treated as unclaimed property
and disposed of by the City if not claimed within one (1) year of the date of impoundment.
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Sec. 24-186. Appeals.
Any person aggrieved by a notice, order, or action taken pursuant to this Article may
appeal to the City Manager as provided in Chapter 2, Article VI, of this Code.
Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Heather N. Jarvis
Exhibit: None
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Item 8.
File Attachments for Item:
9. Second Reading of Ordinance No. 154, 2025, Expanding the Boundaries of the Fort
Collins, Colorado Downtown Development Authority and Amending the Plan of
Development of the Authority.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, expands the
boundaries of the Fort Collins Downtown Development Authority (the “DDA”) and amends the
Plan of Development of the Authority to include a property at 313 North Meldrum Street and
adjacent street right-of-way on North Meldrum Street. The property is a commercially zoned lot
in the Old Town District and is the location of the historic Emma Malaby Grocery building. The
right-of-way is being added as a housekeeping step to more efficiently describe the overall DDA
boundary. There is no impact to the City from the inclusion of this right-of-way.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Matt Robenalt, DDA Executive Director
Todd Dangerfield, DDA Project Manager
SUBJECT
Second Reading of Ordinance No. 154, 2025, Expanding the Boundaries of the Fort Collins,
Colorado Downtown Development Authority and Amending the Plan of Development of the
Authority.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, expands the boundaries
of the Fort Collins Downtown Development Authority (the “DDA”) and amends the Plan of Development of
the Authority to include a property at 313 North Meldrum Street and adjacent street right -of-way on North
Meldrum Street. The property is a commercially zoned lot in the Old Town District and is the location of the
historic Emma Malaby Grocery building. The right-of-way is being added as a housekeeping step to more
efficiently describe the overall DDA boundary. There is no impact to the City from the inclusion of this right-
of-way.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The parcel is located on North Meldrum Street adjacent to the Fort Collins DDA boundary that runs north-
south along the east side. The location is directly across the street from one DDA project investment
located at 302 North Meldrum-320 Maple Street (Myridium) and within one block of a second project
investment at 325 Cherry Street (Cherry Street Lofts). The parcel is zoned “neighborhood conservation –
buffer district”, as is the east DDA boundary adjacent to Library Park, and is eligible for inclusion according
to state statute and DDA policy.
The DDA has received a formal petition from the property owner seeking inclusion of land in the DDA
district boundary (see Attachment 3, DDA Resolution 2024-03, with Petition).
Petitioner: Larimer County Historic Alliance (a.k.a. Historic Larimer County), P.O. Box 1909, Fort Collins,
80522.
The criteria for inclusion of additional property into the DDA boundary area, pursuant to Colorado Revised
Statutes § 31-25-822, are met by the property; adjacency to the existing DDA boundaries and evidence of
ownership of the property are documented.
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
In 2009, the DDA Board of Directors established a policy to guide future inclusions of property into the
district. A thorough examination of land adjacent to the DDA boundary was evaluated for compatibility with
the DDA’s mission and vision, and the property associated with the Petitioner’s request is considered
acceptable because of the shared intent of preserving the historic Emma Malaby Grocery building located
on this property.
There are public benefits associated with the proposed inclusion of this property. Inclusion will enable a
future DDA investment in building façade restorations.
This inclusion of property resulting in a boundary line adjustment will effectively amend the DDA’s Plan of
Development.
CITY FINANCIAL IMPACTS
There is no fiscal impact to the City from the inclusion of this property and right-of-way into the DDA
boundary.
The Petition submitted by Larimer County Historical Alliance is a voluntary request. The Petitioner recently
applied for and received a tax-exempt status for the property from the Larimer County Assessor. Based on
this tax-exempt status, inclusion into the DDA boundary of the Petitioner’s property will not result in any
change to the mill levy or operating revenue.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
On April 11, 2024, the DDA Board of Directors voted unanimously to recommend Council inclusion of the
property, as requested by Larimer County Historic Alliance for the parcel located at 313 North Meldrum
Street and adjacent street ROW on North Meldrum Street (Attachment 2).
PUBLIC OUTREACH
The publicly noticed DDA Board of Directors meeting was held on April 11, 2024, during which the Board
unanimously approved DDA Resolution 2024-03, recommending the Council amend the Plan of
Development boundary area in accordance with DDA statute.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/
1. Ordinance No. 154, 2025
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ORDINANCE NO. 154, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPANDING THE BOUNDARIES OF THE FORT COLLINS,
COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND
AMENDING THE PLAN OF DEVELOPMENT OF THE
AUTHORITY
A. On April 21, 1981, the City Council of the City of Fort Collins, Colorado (“City
Council”) adopted Ordinance No. 046, 1981, creating The Fort Collins, Colorado
Downtown Development Authority (the “Authority”) and establishing the boundaries of the
Authority.
B. On September 8, 1981, by Resolution 81-129, the City Council approved
the Authority’s plan of development (the “Plan of Development”), which also describes
the boundaries of the Authority.
C. Pursuant to Colorado Revised Statutes Section 31-25-822, subsequent to
the organization of a downtown development authority, additional property may be
included in the district of the authority, pursuant to a petition signed by the owner or
owners in fee of each parcel of land sought to the included .
D. If the Board of Directors of the Authority (the “Board”) approves said
application, Board is to then submit the application to the City Council and, if the City
Council also approves the application, it is to amend the ordinance creating the Authority
so as to include the additional property as described in the petition.
E. The City Council has, on seventeen previous occasions, amended
Ordinance No. 046, 1981, by the adoption of the following ordinances: Ordinance No.
162, 1981; Ordinance No. 002, 1983; Ordinance No. 002, 1993; Ordinance No. 199,
1998; Ordinance No. 148, 2000; Ordinance No. 038, 2004; Ordinance No. 067, 2004;
Ordinance No. 099, 2005; Ordinance No. 035, 2008; Ordinance No. 067, 2008; Ordinance
No. 080, 2009; Ordinance No. 022, 2010; Ordinance No. 045, 2013; Ordinance No. 049,
2013; Ordinance No. 104, 2013; Ordinance No. 123, 2013; and Ordinance No. 034, 2017
(the “Amending Ordinances”).
F. The Board has received a petition for the inclusion of a parcel of property
into the boundaries of the Authority from the fee owner thereof .
G. The legal description and the name of the fee owner of the property which
is the subject of the petition for inclusion referred to herein are set forth on Exhibit A,
attached hereto and incorporated herein by reference (the property described in Exhibit
A referred to hereinafter as the “Property”).
H. The Board has determined that the addition of the Property into the
Authority boundaries would further the objectives and purposes of the Authority, as
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contained in the Plan of Development, and the Board has, by Resolution DDA-2024-03,
recommended approval of the inclusion of such Property by the City Council.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby approves the inclusion of the Property,
which is legally described as follows, into the boundaries of the Authority, and hereby
finds that such inclusion is in the best interests of the City and will not su bstantially modify
the Plan of Development:
Lot 3, Block 53 of the City of Fort Collins, County of Larimer, State of Colorado.
Also known by street and number as 313 North Meldrum Street, Fort Collins,
Colorado 80521, and described in the records of the Assessor of Larimer County,
Colorado, as Parcel No. 9711121903.
Section 2. Section 3 of Ordinance No. 046, 1981 (as amended by the Amending
Ordinances) be, and hereby is, further amended by deleting the legal description
contained therein, which description establishes the boundaries of the Authority, and by
substituting the following therefor:
BEGINNING AT THE CENTER OF THE INTERSECTION OF COLLEGE AVENUE AND LAUREL
STREET; THENCE WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE
CENTERLINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID
CENTERLINE OF SOUTH MASON STREET, TO THE WESTERLY EXTENSION OF THE SOUTH
LINE OF THE NORTH 60 FEET OF LOT 13, BLOCK 116; THENCE EASTERLY TO THE
SOUTHWEST CORNER OF THE NORTH 60 FEET OF SAID LOT 13; THENCE SOUTHERLY ALONG
THE EAST RIGHT OF WAY LINE OF MASON STREET, 10 FEET; THENCE EASTERLY PARALLEL
WITH LAUREL STREET, 50.0 FEET; THENCE SOUTHERLY PARALLEL WITH MASON STREET,
140.0 FEET TO THE NORTH RIGHT OF WAY LINE OF LAUREL STREET; THENCE EASTERLY
ALONG THE SAID RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE OF THE NORTH
SOUTH ALLEY IN THE SAID BLOCK 116; THENCE NORTHERLY ALONG THE SAID RIGHT OF
WAY LINE TO THE NORTH LINE OF LOT 12 BLOCK 116; THENCE WESTERLY ALONG THE
SOUTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE EAST RIGHT OF
WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE
60.00 FEET; THENCE WESTERLY TO THE CENTERLINE OF SOUTH MASON STREET; THENCE
NORTHERLY ALONG THE SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE NORTH
LINE OF THE SOUTH 37.50 FEET OF LOT 11 BLOCK 116; THENCE EASTERLY TO THE SAID
EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE
SAID EAST LINE TO THE NORTH RIGHT OF WAY LINE OF THE SAID EAST WEST ALLEY IN
BLOCK 116; THENCE EASTERLY ALONG THE SAID NORTH LINE, TO THE SAID WEST RIGHT OF
WAY LINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID WEST LINE
TO THE SOUTH LINE OF THE NORTH 37.50 FEET OF THE SOUTH 50 FEET OF LOT 10 BLOCK
116; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS WESTERLY EXTENSION TO
THE WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG
THE SAID WEST LINE TO THE SOUTH LINE OF LOT 5 BLOCK 106 HARRISON’S ADDITION;
THENCE W ESTERLY ALONG THE SOUTH LINE OF LOT 5 AND ITS EXTENSION TO THE EAST
LINE OF THE WEST 60 FEET OF LOT 6 BLOCK 106; THENCE NORTHERLY ALONG THE SAID
EAST LINE TO THE SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE
EASTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 65 FEET OF THE
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SAID LOT 5 BLOCK 106; THENCE SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTH
LINE OF THE NORTH 90 FEET OF THE SAID LOT 5 BLOCK 106; THENCE EASTERLY ALONG THE
SAID SOUTH LINE TO THE SAID WEST RIGHT OF WAY LINE OF SOUTH MASON STREET;
THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE
OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO A LINE
WHICH IS 58 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF LOT 9 BLOCK 116
HARRISON’S ADDITION; THENCE SOUTHERLY ALONG THE SAID PARALLEL LINE TO THE
SOUTH LINE OF THE SAID LOT 9; THENCE EASTERLY ALONG THE NORTH RIGHT OF WAY LINE
OF AN EAST WEST ALLEY IN BLOCK 116 TO THE SAID WEST RIGHT OF WAY LINE OF THE
NORTH SOUTH ALLEY IN BLOCK 116; THENCE NORTHERLY ALONG THE SAID WEST LINE TO
THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE WESTERLY
ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 74.00 FEET OF LOT 8 BLOCK
116; THENCE NORTHERLY ALONG THE EXTENDED LINE OF THE SAID EAST 74.00 FEET OF
LOT 8 TO THE CENTERLINE OF THE SAID WEST MYRTLE STREET; THENCE EASTERLY ALONG
THE SAID CENTERLINE TO THE NORTHERLY EXTENSION OF THE CENTERLINE OF THE SAID
NORTH SOUTH ALLEY IN BLOCK 116; THENCE ALONG THE NORTHERLY EXTENSION OF THE
SAID CENTERLINE OF THE ALLEY IN BLOCK 116 AND ITS NORTHERLY EXTENSION THROUGH
BLOCK 115 HARRISON’S ADDITION, TO THE CENTER 0F MULBERRY STREET; THENCE
WESTERLY ALONG SAID CENTERLINE TO THE EAST RIGHT OF WAY OF MASON STREET;
THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY TO A POINT ON THE EASTERLY
EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 1, BLOCK 105, HARRISON’S
ADDITION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND ALONG SAID
SOUTH LINE TO THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID LOT 1; THENCE
NORTHERLY ALONG THE WEST LINE OF SAID LOT 1, AND ITS EXTENSION, AND ALONG THE
WEST LINE OF LOT 3, BLOCK 105 HARRISON’S ADDITION AND ITS EXTENSION TO THE
CENTER LINE OF MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE
INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE SOUTHERLY ALONG
THE CENTERLINE OF HOWES STREET TO THE CENTERLINE OF LAUREL STREET; THENCE
WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE SOUTHERLY EXTENSION
OF THE CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON’S
ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENSION AND ALONG THE SAID
CENTERLINE TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF
LOT 10 BLOCK 96 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED
LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE
NORTHERLY ALONG THE SAID EAST LINE, TO THE NORTH LINE OF THE SOUTH HALF OF LOT
9 BLOCK 96 HARRISON’S ADDITION; THENCE EASTERLY ALONG THE SAID NORTH LINE AND
ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND
95 HARRISON’S ADDITION; THENCE NORTHERLY ALONG THE SAID CENTERLINE, TO THE
EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6 BLOCK 95 HARRISON’S ADDITION;
THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE
TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE
TO THE NORTH LINE OF THE SAID LOT 6 BLOCK 95; THENCE EASTERLY ALONG THE SAID
NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY;
THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE CENTERLINE OF MULBERRY
STREET; THENCE EASTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE
CENTERLINE OF HOWES STREET; THENCE NORTHERLY TO THE INTERSECTION OF HOWES
STREET AND MAGNOLIA STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE
INTERSECTION OF MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY
ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY
STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF
MULBERRY STREET AND WHITCOMB STREET; THENCE NORTHERLY ALONG SAID
CENTERLINE TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA STREET;
THENCE EASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA
STREET, SHERWOOD STREET, AND CANYON AVENUE; THENCE NORTHEASTERLY ALONG
THE CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND
THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED; THENCE
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NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET; THENCE NORTHWESTERLY 86 FEET
TO A POINT 50 FEET EASTERLY FROM THE NORTHWEST CORNER OF BLOCK 83; THENCE
NORTHERLY 50 FEET TO THE CENTERLINE OF OLIVE STREET; THENCE EASTERLY TO THE
INTERSECTION OF THE CENTERLINE OF OLIVE STREET, AND THE EXTENSION OF
CENTERLINE OF ALLEY IN BLOCK 82; THENCE NORTHERLY ALONG ALLEY CENTERLINES
THROUGH BLOCKS 82, 81, TO THE CENTERLINE OF MOUNTAIN AVENUE; THENCE WESTERLY
ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND CENTERLINE
OF SHERWOOD STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE
INTERSECTION OF A LINE 1-1/2 FEET NORTH OF THE NORTH LINE OF LOT 14, BLOCK 51 AND
THE CENTERLINE OF SHERWOOD STREET; THENCE EASTERLY ALONG THE SAID LINE 1-1/2
FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK
51; THENCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT
LINE OF LOT 5, BLOCK 51 EXTENDED; THENCE EASTERLY ALONG SAID LOT LINE TO THE
CENTERLINE OF MELDRUM STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE
INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 3, BLOCK 53
OF THE TOWN OF FORT COLLINS; THENCE WESTERLY TO THE SOUTHWEST CORNER OF
SAID LOT 3, BLOCK 53; THENCE NORTHERLY TO THE NORTHWEST CORNER OF SAID LOT 3,
BLOCK 53: THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 3, BLOCK 53, AND ITS
EASTERLY EXTENSION, TO THE CENTERLINE OF MELDRUM STREET; THENCE NORTHERLY
ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT -OF-WAY LINE OF THE COLORADO AND
SOUTHERN RAILROAD; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE, TO
THE CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ON SAID CENTERLINE TO
THE INTERSECTION OF ELM STREET AND SHERWOOD STREET; THENCE EASTERLY ALONG
THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE NORTHEAST CORNER OF BLOCK 35;
THENCE NORTHERLY TO THE NORTHWEST CORNER OF BLOCK 26; THENCE EASTERLY
ALONG THE NORTH LINE OF BLOCK 26, TO THE CENTERLINE OF COLLEGE AVENUE; THENCE
CONTINUING EASTERLY ALONG THE CENTERLINE OF VINE DRIVE TO A POINT ON THE EAST
LINE OF THE WEST 1/2 OF SECTION 12; THENCE NORTHERLY TO THE NORTH 1/4 CORNER
OF SECTION 12, T7N, R69W OF THE SIXTH P.M.; THENCE (CONSIDERING THE SOUTH LINE OF
THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 7 NORTH RANGE 69 WEST AS BEARING
S8958'19"E AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO)
SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12, S0007'56"W 46.77
FEET TO A POINT ON THE EXISTING NORTH RIGHT -OF-WAY LINE OF EAST VINE DRIVE;
THENCE ALONG SAID EXISTING NORTH RIGHT -OF-WAY LINE, N8818'14"E 602.54 FEET TO
THE SOUTHEAST CORNER OF LOT 1, LARIMER COUNTY SHOPS MINOR SUBDIVISION;
THENCE ALONG THE EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR
SUBDIVISION, N0116'55"W 208.11 FEET, AND AGAIN S8523'42"W 65.98 FEET, AND AGAIN
N5534'00"W 253.90 FEET, AND AGAIN N1851'00"E 34.17 FEET, AND AGAIN N7333'44"E 105.85
FEET, AND AGAIN N1250'18"E 71.56 FEET, AND AGAIN N1020'00"W 42.66 FEET, AND AGAIN
N4150'00"W 84.01 FEET, AND AGAIN N5115'00"W 193.28 FEET, AND AGAIN N6726'23"W 74.87
FEET; THENCE N1850'30"E 108.60 FEET; THENCE N8959'13"E 1484.20 FEET TO A POINT ON
THE WEST LINE OF ALTA VISTA SUBDIVISION; THENCE ALONG SAID WEST LINE, S0000'00"E
533.86 FEET TO THE SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE
ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION, N8647'41"E 140.22 FEET, AND
AGAIN N8004'26"E 40.61 FEET, AND AGAIN N8742'34"E 125.10 FEET, AND AGAIN N7002'35"E
120.45 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT -OF-WAY OF ALTA VISTA
STREET AS RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT PAGE 845;
THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE, S6739'55"E 180.15 FEET,
AND AGAIN S0001'55"E 244.97 FEET TO A POINT ON THE EXISTING NORTH RIGHT -OF-WAY
LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE,
N8818'14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-WAY LINE OF NORTH
LEMAY AVENUE; THENCE ALONG SAID EXISTING WEST RIGHT-OF-WAY LINE, S0001'59"E
581.65 FEET TO THE SOUTHEAST CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.;
THENCE ALONG THE SOUTH LINE OF SAID EAST VINE STREETS FACILITY P.U.D., S8818'24"W
20.03 FEET TO THE NORTHEAST CORNER OF LOT 2, NEW BELGIUM BREWERY THIRD FILING;
Page 142
Item 9.
-5-
THENCE ALONG THE EAST LINE OF SAID LOT 2 AND ITS SOUTHERLY EXTENSION, S0001'59"E
805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM
STREET; THENCE ALONG THE SOUTH RIGHT OF WAY TO THE EAST LINE OF LOT 2 OF THE
SECOND REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE SOUTHERLY
ALONG THE SAID EAST LINE, TO THE SOUTH LINE OF THE SAID LOT 2; THENCE WESTERLY
ALONG THE SOUTH LINE OF THE SAID LOT 2 TO THE WEST LINE OF THE SAID LOT 2; THENCE
NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY OF
BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE
EAST LINE OF THE PLAT OF VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY
ALONG THE SAID EAST LINE TO THE SOUTHERLY LINE OF THAT CERTAIN TRACT OF LAND
AS DESCRIBED IN A WARRANTY DEED RECORDED AT RECEPTION NO. 20080043084 LARIMER
COUNTY RECORDS; THENCE ALONG THE SAID SOUTHERLY LINE, WESTERLY TO THE WEST
LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG
THE SAID WEST LINE AND ITS SOUTHERLY EXTENSION, TO THE NORTHEAST CORNER OF
LOT 2, PATRICK SUBDIVISION FIRST FILING; THENCE ALONG THE NORTH LINE OF THE SAID
LOT 2 AND ITS WESTERLY EXTENSION, TO A POINT ON THE EXISTING EAST RIGHT -OF-WAY
LINE OF THIRD STREET; THENCE NORTHERLY ALONG SAID EXISTING EAST RIGHT -OF-WAY
LINE, TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET;
THENCE WESTERLY ALONG THE SAID EXISTING SOUTH RIGHT -OF-WAY LINE TO A POINT ON
THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12; THENCE SOUTHERLY ALONG THE
EAST LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROL ONGATION OF
THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID NORTH
RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE SOUTHWEST CORNER OF
LOT 2, ODELL BREWING COMPANY SUBDIVISION; THENCE NORTHERLY ALONG THE WEST
LINE OF SAID LOT 2, TO THE NORTHWEST CORNER OF THE SAID LOT 2; THENCE ALONG THE
NORTH LINE OF THE SAID LOT 2 AND ALONG THE NORTH LINE OF LOT 1, ODELL BREWING
COMPANY SUBDIVISION, EASTERLY TO THE NORTHEAST CORNER OF THE SAID LOT 1;
THENCE ALONG THE EAST LINE OF THE SAID LOT 1, SOUTHERLY TO THE SOUTHEAST
CORNER OF THE SAID LOT 1 AND TO THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN
AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN
AVENUE, EASTERLY TO THE WEST LINE OF LOT 2 OF THE REPLAT OF NORTH LEMAY
SUBDIVISION SECOND FILING; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE
NORTH LINE OF THE SAID LOT 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 2 AND
ALONG THE NORTH LINE OF LOT 3 OF THE REPLAT OF NORTH LEMAY SUBDIVISION TO THE
WESTERLY RIGHT OF WAY OF LEMAY AVENUE; THENCE SOUTHERLY ALONG THE SAID
WESTERLY RIGHT OF WAY TO THE SAID NORTHERLY RIGHT OF WAY OF EAST LINCOLN
AVENUE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE NORTHERLY
PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE
ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE
SOUTHWEST CORNER OF THE BUFFALO RUN APARTMENTS P.U.D.; THENCE (CONSIDERING
THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TOWNSHIP 7 NORTH
RANGE 69 WEST, AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND
WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO), RUNNING
ALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5)
COURSES: 1) NORTH 72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02
FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19
FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A
DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A
DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC
DISTANCE OF 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES
19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41
SECONDS EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF
114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESC RIBED AT RECEPTION NO.
89022270; THENCE SOUTH 00 DEGREES 38 MINUTES OO SECONDS WEST ALONG SAID WEST
Page 143
Item 9.
-6-
LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS
WEST A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS
WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS
WEST A DISTANCE OF 205.59 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS
WEST A DISTANCE OF 136.39 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS
WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS
WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO
HIGHWAY 14, AND A POINT ON A NON- TANGENT CURVE TO THE LEFT, THENCE RUNNING
ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS HAVING
A RADIUS OF 11,585 FEET, AN ARC DISTANCE OF 14.48 FEET, A CHORD BEARING OF NORTH
89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORT H 89
DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE
INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY
AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST
MULBERRY STREET, WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH
LEMAY AVENUE; THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY
AVENUE, NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE;
THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE TO THE
NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 94091198;
THENCE (CONSIDERING THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
12 AS BEARING NORTH 89°29'04" WEST AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO) ALONG THE W EST AND SOUTHERLY LINES OF SAID RECEPTION NO.
94091198 THE FOLLOWING 3 COURSES AND DISTANCES: 1) SOUTH 10° 44' 56" WEST, 314.08
FEET; 2) SOUTH 71° 25' 09" EAST, 198.03 FEET; 3) NORTH 87° 59' 46" EAST, 138.53 FEET TO
THE WESTERLY RIGHT-OF-WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID
WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES AND DISTANCES: 1)
BEGINNING WITH A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 25° 27'
37", A RADIUS OF 930.93 FEET, AN ARC LENGTH OF 413.68 FEET, AND THE CHORD OF W HICH
BEARS SOUTH 10° 56' 48" EAST, 410.28 FEET; 2) SOUTH 01° 47' 03" WEST, 1519.07 FEET TO A
POINT ON THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO.
20050097395; 3) ALONG THE WEST LINE OF SAID TRACT, SOUTH 05° 25' 37" WEST, 59.94 FEET;
4) CONTINUING ALONG THE WEST LINE OF SAID TRACT, SOUTH 02° 03' 31" WEST, 64.95 FEET;
5) CONTINUING ALONG THE WEST LINE OF SAID TRACT, ALONG A CURVE CONCAVE TO THE
WEST HAVING A CENTRAL ANGLE OF 17° 18' 36", A RADIUS OF 299.50 FEET, AN ARC LENGTH
OF 90.48 FEET, AND THE CHORD OF WHICH BEARS SOUTH 10° 42' 48" WEST, 90.14 FEET; 6)
CONTINUING ALONG THE WEST LINE OF SAID TRACT, SOUTH 19° 22' 04" WEST, 13.69 FEET
TO THE NORTH LINE OF EAST MULBERRY STREET; THENCE ALONG SAID NORTH LINE THE
FOLLOWING 2 COURSES AND DISTANCES: 1) NORTH 89° 47' 09" WEST, 205.09 FEET; 2) NORTH
89° 38' 44" WEST, 127.10 FEET TO THE SOUTHEAST CORNER OF LOT 2, SPRINGER THIRD
SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LOT 2 THE FOLLOWING 4
COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE WEST HAVING
A CENTRAL ANGLE OF 30° 50' 23", A RADIUS OF 1013.60 FEET, AN ARC LENGTH OF 545.58
FEET, AND THE CHORD OF WHICH BEARS NORTH 19° 18' 37" WEST, 539.01 FEET; 2) ALONG A
CURVE CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 04° 42' 22", A RADIUS
OF 487.50 FEET, AN ARC LENGTH OF 40.04 FEET, AND THE CHORD OF WHICH BEARS NORTH
32° 23' 02" WEST, 40.03 FEET; 3) ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A
CENTRAL ANGLE OF 13° 56' 38", A RADIUS OF 512.50 FEET, AN ARC LENGTH OF 124.73 FEET,
AND THE CHORD OF WHICH BEARS NORTH 36° 59' 47" WEST, 124.42 FEET; 4) ALONG A CURVE
CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 00° 36' 28", A RADIUS OF
1023.60 FEET, AN ARC LENGTH OF 10.86 FEET, AND THE CHORD OF WHICH BEARS NORTH
44° 16' 20" W EST, 10.86 FEET TO THE NORTH CORNER OF SAID LOT 2; THENCE ALONG THE
NORTHWESTERLY LINE OF SAID LOT 2, SOUTH 22° 29' 42" WEST, 24.98 FEET TO A POINT ON
THE NORTHEASTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 883, PAGE 318;
THENCE ALONG SAID NORTHEASTERLY LINE THE FOLLOWING 2 COURSES AND DISTANCES:
1) BEGINNING WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF
Page 144
Item 9.
-7-
14° 52' 11", A RADIUS OF 998.60 FEET, AN ARC LENGTH OF 259.16 FEET, AND THE CHORD OF
WHICH BEARS NORTH 51° 43' 42" WEST, 258.43 FEET; 2) NORTH 59° 09' 48" WEST, 276.50 FEET
TO THE NORTHWEST CORNER OF SAID TRACT OF LAND DESCRIBED IN BOOK 883, PAGE 318;
THENCE ALONG THE WEST LINE OF SAID TRACT OF LAND, SOUTH 00° 20' 12" WEST, 239.20
FEET TO A POINT ON THE NORTH LINE OF THE WASTEWATER T REATMENT PLANT NO.1
SUBDIVISION; THENCE ALONG SAID NORTH LINE THE FOLLOWING 4 COURSES AND
DISTANCES: 1) NORTH 53° 16' 04" WEST, 5.70 FEET; 2) NORTH 79° 09' 04" WEST, 251.50 FEET;
3) NORTH 88° 17' 04" WEST, 452.30 FEET; 4) SOUTH 41° 12' 56" WEST, 89.29 FEET ; THENCE,
NORTH 79° 27' 04" WEST, 590.41 FEET; THENCE, NORTH 09° 34' 10" EAST, 985.84 FEET TO THE
SOUTHEAST CORNER OF BALDWIN MINOR SUBDIVISION; THENCE ALONG THE EAST LINE OF
SAID BALDWIN MINOR SUBDIVISION, NORTH 09° 34' 10" EAST, 773.39 FEET TO A POINT ON
THE SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH
RIGHT OF WAY OF EAST LINCOLN AVENUE, WESTERLY TO THE EAST LINE OF THE PLAT OF
IN-SITU SUBDIVISION AS RECORDED FEBRUARY 6, 2004 AT RECEPTION NO. 20040011665
RECORDS OF THE CLERK AND RECORDER OF LARIMER COUNTY; THENCE SOUTHERLY
ALONG SAID EAST LINE OF THE IN-SITU SUBDIVISION TO THE SOUTH LINE OF THE SAID IN-
SITU SUBDIVISION; THENCE ALONG THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION TO
THE WEST LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SAID WEST LINE OF
THE IN-SITU SUBDIVISION, NORTHERLY TO THE SAID SOUTH RIGHT OF WAY OF EAST
LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY TO THE
SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG THE SAID
SOUTHWESTERLY BANK OF THE RIVER, SOUTHEASTERLY TO THE INTERSECTION WITH THE
SAID EAST LINE OF WEST 1/2 OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE
WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT -OF-WAY OF RIVERSIDE
AVENUE AS ORIGINALLY PLATTED; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY
RIGHT OF WAY, TO THE SOUTHERLY RIGHT -OF-WAY OF MULBERRY STREET; THENCE
WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE WESTERLY RIGHT-OF-WAY OF
RIVERSIDE AVENUE; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO
THE SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID
SOUTHERLY RIGHT-OF-WAY TO THE PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK
141; THENCE SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK
141; THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE
NORTHEAST CORNER OF LOT 17, BLOCK 141; THENCE SOUTHERLY ALONG A LINE PARALLEL
TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 17, AND ITS SOUTHERLY
EXTENSION, TO THE SOUTH RIGHT OF WAY OF EAST OAK STREET; THENCE EASTERLY
ALONG THE SAID SOUTH RIGHT OF WAY TO THE WEST RIGHT OF WAY OF PETERSON
STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE NORTH RIGHT
OF WAY OF EAST OLIVE STREET; THENCE WESTERLY ALONG THE SAID NORTH RIGHT OF
WAY TO THE CENTERLINE OF MATHEWS STREET; THENCE NORTHERLY ALONG THE SAID
CENTERLINE OF MATHEWS STREET TO THE POINT OF INTERSECTION WITH THE EASTERLY
EXTENSION OF THE SOUTH LINE OF THE NORTH 10 FEET OF LOT 2, BLOCK 132; THENCE
WESTERLY ALONG SAID EASTERLY EXTENSION TO THE SOUTHEAST CORNER OF THE
NORTH 10 FEET OF SAID LOT 2 AND THE WEST RIGHT -OF-WAY LINE OF MATHEWS STREET;
THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE, TO THE SOUTHEAST CORNER
OF LOT 8, BLOCK 132; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 8 TO THE
SOUTHWEST CORNER OF THE EAST 92.16 FEET OF LOT 8; THENCE NORTHERLY ALONG THE
WEST LINE OF THE EAST 92.16 FEET OF SAID LOT 8 TO A POINT ON THE SOUTH RIGHT-OF-
WAY LINE OF EAST OAK STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT -OF-WAY
LINE TO THE POINT OF INTERSECTION WITH THE CENTERLINEOF AN ALLEY IN BLOCK 132;
THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO THE WESTERLY
EXTENSION OF THE NORTH LINE OF TRACT TWO OAKPARK PUD; THENCE EASTERLY ALONG
THE SAID EXTENDED LINE AND ALONG THE NORTH LINE OF THE SAID TRACT TWO TO THE
WEST RIGHT OF WAY OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE SAID WEST
RIGHT OF WAY TO THE SOUTH LINE OF THE S AID TRACT TWO OAKPARK PUD; THENCE
WESTERLY ALONG THE SAID SOUTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF
THE NORTH SOUTH ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG SAID ALLEY T0 A
Page 145
Item 9.
-8-
POINT 10 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2; THENCE EASTERLY AND
PARALLEL TO THE NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET;
THENCE SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO THE CENTERLINE
OF OLIVE STREET; THENCE EAST ALONG THE CENTERLINE TO A POINT OPPOSITE THE EAST
LINE OF LOT 8, BLOCK 143; THENCE SOUTH TO THE CENTERLINE OF THE EAST WEST ALLEY
IN BLOCK 143; THENCE WEST TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTH
TO A POINT OPPOSITE THE SOUTH LINE OF LOT 4, BLOCK 133; THENCE WESTERLY ALONG
THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133;
THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET;
THENCE WESTERLY TO THE INTERSECTION OF EAST OLIVE STREET AND REMINGTON
STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO A POINT OPPOSITE THE NORTH
LINE OF LOT 15, BLOCK 133; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE
CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133; THENCE SOUTHERLY ALONG SAID
ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE WESTERLY TO THE
INTERSECTION OF EAST MAGNOLIA STREET AND REMINGTON STREET; THENCE
SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF REMINGTON STREET AND
MULBERRY STREET; THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET
TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN BLOCK
125; THENCE SOUTHERLY ON THE CENTERLINE OF ALLEYS THROUGH BLOCKS 125 AND 126
TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID CENTERLINE TO THE
POINT OF BEGINNING.
Section 3. The Plan of Development is hereby amended by the City Council so
as to delete the legal description of the boundaries of the Authority, and to substitute
therefor the legal description contained in Section 2 of this Ordinance.
Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Dianne Criswell
Exhibit: Exhibit A - Legal Description and Name of Fee Owner of Property to be
Included in the District
Page 146
Item 9.
EXHIBIT A TO ORDINANCE NO. 154, 2025
DDA BOUNDARIES
Legal Description and Fee Owners of
Property to Be Included in the District
Legal Description:
Lot 3, Block 53 of the City of Fort Collins, County of Larimer, State of Colorado.
Also known by street and number as 313 North Meldrum Street, Fort Collins,
Colorado 80521, and described in the records of the Assessor of Larimer County,
Colorado, as Parcel No. 9711121903.
Fee Owner:
Larimer County Historic Alliance
Page 147
Item 9.
File Attachments for Item:
10. Items Relating to Platte River Power Authority Organic Contract and Power Supply
Contract.
A. Second Reading of Ordinance No. 155, 2025, Authorizing an Amended and Restated
Organic Contract for Platte River Power Authority.
B. Second Reading of Ordinance No. 156, 2025, Authorizing an Amended and Restated
Contract with Platte River Power Authority for the Supply of Electric Power and Energy.
These Ordinances, unanimously adopted on First Reading on September 16, 2025, extend and
amend the Organic Contract between Estes Park, Longmont and Loveland (the member cities)
that is the basis for Platte River Power Authority’s (“Platte River”) existence and purposes and
to extend and make modifications to the Power Supply Agreement (“PSA”) with Platte River.
Page 148
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Tyler Marr, Deputy City Manager
SUBJECT
Items Relating to Platte River Power Authority Organic Contract and Power Supply Contract.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 155, 2025, Authorizing an Amended and Restated Organic Contract
for Platte River Power Authority.
B. Second Reading of Ordinance No. 156, 2025, Authorizing an Amended and Restated Contract with
Platte River Power Authority for the Supply of Electric Power and Energy.
These Ordinances, unanimously adopted on First Reading on September 16, 2025, extend and amend the
Organic Contract between Estes Park, Longmont and Loveland (the member cities) that is the basis for
Platte River Power Authority’s (“Platte River”) existence and purposes and to extend and make
modifications to the Power Supply Agreement (“PSA”) with Platte River.
STAFF RECOMMENDATION
Staff recommends adoption of these Ordinance on Second Reading.
SECOND READING BACKGROUND / DISCUSSION
At first reading, several questions were asked. In addition to staff answers provided that evening, the
following information is intended as additional clarification.
A question was asked pertaining to the 1% cap on local generation and if it was impeding any of the City’s
own goals. As noted, the Power Supply Agreement does not cap net-metered generation, and does allow
in agreed upon instances for off-site net metering consistent with changes in state law passed in 2024. It
should be noted that for other reasons, the City itself does cap net-metered generation at 200% of a
customer’s average annual usage.
Community members have expressed concern in both comment and email that potential customer -
generated energy may be utilized without compensation or consent for the virtual power plant (VPP). Staff
from both the City and Platte River are well a ware of 3rd party aggregators who are also working in the
VPP space and are expected to try and monetize participation in their own programs through compensating
customers for the ability to control their assets. Staff believe based on early conversations with some of
these aggregators that there is not yet a deep appreciation toward grid-reliability, sustainability, or cost-
effectiveness of the utility’s systems by these aggregators. As such, PRPA and staff expect that there will
be competition in incentives, program design, and education about having folks participate in whatever
Page 149
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
program they choose. These all represent likely future policy conversations with Council and the Platte
River Board. That said, Light & Power or PRPA do not intend to compel participation or aggregation of VPP
resources for contribution toward the energy portfolio without clear authorization from asset owners.
Council also asked a question that has been suggested at numerous junctures by certain community
members about requiring that PRPA only operate gas-fired resources on days where high-ozone is not
present. A question was specifically asked at the 1041 hearing permitting the new turbines about PRPA
working with the Regional Air Quality Control Council to implement measures that limit emissions during
high ozone season. This was PRPA’s response:
“Platte River is always willing to consult with local- and state-level agencies.
A common feature of “high ozone days” is that temperatures are high and there is often little wind. This
means that when ozone levels are high along the Front Range, electricity use is most likely high as well.
Utilities must produce exactly the right amount of power to meet current need—this is why we cannot rely
solely on intermittent renewable energy. This also means that if Platte River is running gas turbines, they
are the most efficient resources available to meet current needs. It is wrong to assume that something else
can “fill in” if Platte River turns off the turbines; Platte River cannot just “turn on” more wind or solar, so
either the load “gets dumped” (a blackout) or the burden shifts to some other resources, likely less efficient,
with higher emissions.
Fortunately, solar energy is most abundant during the high ozone season. As Platte River and other
regional utilities add new solar resources, they can help provide needed energy during the worst ozone
hours (when the sun is most intense and temperatures are hottest).”
FIRST READING BACKGROUND / DISCUSSION
ORGANIC CONTRACT
Platte River Board of Directors has recommended the Organic Contract (agreement by which the member
cities formed Platte River) be extended for an additional fifteen (15) years beyond the current terms (which
expires on December 31, 2060), modernizing the language and increasing f lexibility to reflect current and
future functionality.
The proposed amendment is intended to (1) better accommodate the electric industry’s rapid change, with
distributed resources becoming an increasingly prominent component of the typical generation mix, (2)
enable outcomes related to the City’s policy goal of 100% renewable electricity by 2030 and (3) a 15 year
extension of the Organic Contract and Power Supply Agreement to provide favorable ratings in future Platte
River bond issuances for financing to construct new power generation facilities .
Background
Platte River’s relationship with its four member cities is based on a contract among the communities - and
the Organic Contract with each member city.
The Organic Contract is an intergovernmental agreement (IGA) between Estes Park, Fort Collins,
Longmont and Loveland that created Platte Rive in 1975. Pursuant to Colorado Revised Statues (”C.R.S”)
Section § 29-1-204, Platte River was formed as a political subdivision of the State of Colorado. The current
term extends until 2060. The Organic Contract authorizes and establishes the governance structure of
Platte River, which was modeled after the Articles of Incorporation and the Bylaws of the predecessor‘s
organization, Platte River Power Authority, a Colorado non-profit corporation. During the first year of its
existence, the Organic Contract was amended to expand the board of directors from four to eight directors
through the addition of mayors from each of the member cities.
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Amendments have been adopted in 1977, 1978, 1980, 1998, 2010 and 2019, most recently. The Organic
Contract sets the governance responsibilities and structure of the organization and defines the roles that
Platte River can perform on behalf of its owner communities: primarily the generation and transmission of
electricity to the four owner communities’ utilities.
The Platte River board of directors adopted a Resource Diversification Policy in 2018 that instructed Platte
River to decarbonize rapidly with a goal of 100% non-carbon energy generation by 2030, so long as
reliability or cost-effectiveness were not compromised. That work is well underway with substantial
progress anticipated toward the goal, especially with the planned closure of the coal-fired Rawhide Unit 1
at the end of 2029. This transition and policy has resulted in the need for Platte River to make a number of
changes in how they generate and supply electricity. That, combined with the need to issue hundreds of
millions of dollars in new financing to construct new power generation facilities to enable the closure of
Rawhide, is prompting the need to once again amend and restate the Organic Contract.
Summary of Proposed Changes
The changes to the Organic Contract can be summarized in three categories:
1) Extending the term of the Organic Contract
The proposed contract extends the life of Platte River through 2075, an extension of 15
years past the current contract.
2) Modernize Language
The majority of changes to the Organic Contract can be characterized as language
modernization and clean-ups to better reflect how the organization is currently structured
and operated.
Some changes reflect changes to state law and reflect the realities of joining an organized
market for power purchases and sales.
Board member, officer and board chair responsibilities are clarified to reflect the
organization’s current structure and how business is conducted by Platte River.
Additionally, a change is being made to clarify that board members should either be
members of a City’s elected body or staff.
3) Increasing flexibility
The clean energy transition will require new initiatives and programs to be administered by
Platte River and the owner communities, and therefore, having specified lists of exact
product offerings makes less sense than in the past. Organic Contract Language has
broadened to provide flexibility into the future on what Platte River may work on and provide
to owner communities as energy markets, generation resources and power delivery
continue to evolve.
CITY FINANCIAL IMPACTS
The amendments to the Organic Contract and Updated Supply Contract will have no direct impact on
wholesale power costs. A 15-year extension of the contracts will provide indirect and favorable financial
benefits to ratepayers through Platte River’s ability to gain favorable bond ratings and grant flexibility in
future power purchase agreement terms.
The extension of the Organic Contract, in conjunction with the Updated Supply Contract (also to be adopted
separately by the Electric Utility Enterprise Board), will extend the life of the Platte Rive r organization and
commit a portion of ratepayer revenues to Platte River for wholesale power costs for an additional 15 years
beyond the current term.
The Power Supply Contract obligates the City to purchase its power from Platte River for an additional 15
years, through 2075. The extension of the Organic Contract, in conjunction with the Updated Supply
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Contract (also to be adopted separately by the Electric Utility Enterprise Board), will extend the life of the
Platte River organization and commit a portion of ratepayer revenues to Platte River for wholesale power
costs for an additional fifteen years beyond the current term.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Platte River hosted a joint work session with all four owner communities on June 20, 2025. Four council
members and the Mayors were in attendance. What was presented at that time is substantially the same
as what is presented as part of this ordinance.
A staff presentation was made at the August 26, 2025, work session, also highlighting these changes. In
response Council asked why in the recitals, specific reference to environmental sustainability, was struck.
Both the Board and staff from owner communities felt that the struck sentence was redundant to the
preceding whereas clause, where all three “pillars” of the resource diversification policy are referenced,
including environmental sustainability. Striking this recital does not in any way change Platte River adopted
policy or practice in working toward the policy. Other questions raised by Council are addressed in the
Power Supply Agreement ’s agenda materials.
The other three owner communities are working to approve both the Organic Contract and Power Supply
Agreements in September 2025 or early October 2025.
On August 12, 2025, staff presented to the Energy Board related to the high-level changes intended for
both the Organic Contract and Power Supply Agreement. The Energy Board submitted a memorandum on
September 8, 2025, with recommendations for City Council.
PUBLIC OUTREACH
No public outreach was identified outside of the Council and Energy Board considerations.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 155, 2025
2. Ordinance No. 156, 2025
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ORDINANCE NO. 155, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDED AND RESTATED ORGANIC
CONTRACT FOR PLATTE RIVER POWER AUTHORITY
A. The City is one of four member municipalities that entered into an organic
contract establishing the Platte River Power Authority (“Platte River”).
B. The first such contract was entered into in 1975, and the contract was last
amended by the execution of an agreement entitled “Amended and Restated Organic
Contract Establishing Platte River Power Authority As A Separate Governmental Entity”
dated May 30, 2019 (the “Existing Organic Contract”), as approved by City Council on
April 16, 2019, by Ordinance No. 053, 2019.
C. The Existing Organic Contract extended the operation of Platte River on
behalf of its member owner cities though the date of December 31, 20 60.
D. The four member municipalities recently negotiated a proposed, updated
agreement entitled “Amended and Restated Organic Contract Establishing Platte River
Power Authority as a Separate Governmental Entity” (the “Updated Organic Contract”), a
copy of which is on file with the City Clerk, dated September 8, 2025, the purpose of which
is to replace and supersede the Existing Organic Contract.
E. The Updated Organic Contract, if approved by the parties, would extend
amendments to the Existing Organic Contract made in 2019, so as to:
1) Extend the term of the agreement,
The proposed contract extends the life of Platte River Power Authority
through 2075, an extension of 15 years past the current contract;
2) Modernize and update the language of the agreement,
The majority of changes to the Organic Contract can be characterized
as language modernization and clarify existing language to better reflect
how the organization is currently structured and operated.
Some changes reflect changes to state law and reflect the realities of
joining an organized market for power purchases and sales.
Board member, officer and board chair responsibilities are clarified to
reflect the organization’s current structure and how business is
conducted by Platte River Power Authority.
Additionally, a change is being made to clarify that board members
should either be members of a city’s elected body or staff ; and,
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3) Increasing flexibility,
The clean energy transition will require new initiatives and programs to
be administered by Platte River and the owner communities, and
therefore, having specified lists of exact product offerings makes less
sense than in the past. The Organic Contract language has been
broadened to provide flexibility into the future on what Platte River may
work on and provide to owner communities as energy markets,
generation resources and power delivery continue to evolve.
F. It is the understanding of City Utility Services staff that respective staff
members of the electric utilities operated by the City of Loveland, the City of Longmont
and the Town of Estes Park will be recommending approval of the Updated Organic
Contract to their respective governing bodies as well.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds that it is in the best interests of the City
to replace and supersede the Existing Organic Contract with the Updat ed Organic
Contract.
Section 2. The Updated Organic Contract is hereby approved, and the Mayor
is hereby authorized and directed to execute the same on behalf of the City in
substantially the form on file in the office of the City Clerk and as attached hereto as
Exhibit A.
Section 3. The City Council hereby directs the Energy Board to annually review
the terms and conditions of the Updated Organic Contract and suggest any revisions to
the City Council by formal board action.
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Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025 .
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Yvette Lewis-Molock
Exhibit: Exhibit A – 2025 Organic Contract
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ORDINANCE NO. 156, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDED AND RESTATED CONTRACT WITH PLATTE RIVER
POWER AUTHORITY FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY
A. The City is one of four member municipalities that entered into an organic
contract establishing the Platte River Power Authority (“Platte River”).
B. The first such contract was entered into in 1975, and the contract was last
amended by the execution of an Amended and Restated Organic Contract Establishing
Platte River Power Authority as a Separate Governmental Entity dated May 30, 2019 (the
“Existing Organic Contract”), as approved by City Council on April 16, 2019, by Ordinance
No. 054, 2019.
C. The four member municipalities recently negotiated a proposed, updated
agreement entitled “Amended and Restated Organic Contract Establishing Platte River
Power Authority as a Separate Governmental Entity” (the “Updated Organic Contract”),
the purpose of which is to replace and supersede the Existing Organic Contract.
D. The City Council, by separate ordinance, has approved the Updated
Organic Contract.
E. On February 22, 1980, the City and Platte River entered into a Transmission
Facilities Agreement (the “Facilities Agreement”) to establish the parties’ rights a nd
obligations related to their respective electric system facilities and to provide for shared
use or lease of certain specified facilities.
F. On March 31, 1980, the City also entered into a Contract for the Supply of
Electric Power and Energy (the “Original Supply Contract”) with Platte River which
established the terms and conditions of the City’s purchase of electric power and energy
from Platte River.
G. On July 21, 1998, the City Council approved an amendment to the Original
Supply Contract extending its termination date from December 31, 2020, to December
31, 2040 (the “1998 Supply Contract Amendment”).
H. On June 1, 2010, the City Council adopted Ordinance No. 062, 2010,
approving an updated “Amended and Restated Contract for the Supply of Ele ctric Power
and Energy” (the “Existing Supply Contract”) with Platte River, which replaced and
superseded the Facilities Agreement and the 1998 Supply Contract, and extended the
expiration date to December 31, 2050.
I. On April 16, 2019, the City Council adopted Ordinance No. 054, 2019, and
the Fort Collins Electric Utility Enterprise Board (the “Enterprise”) adopted Ordinance No.
005, 2019, approving an updated “Amended and Restated Contract for the Supply of
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Electric Power and Energy” (the “Updated Supply Contract”), and extended the expiration
date to December 31, 2060.
J. The City and Platte River recently negotiated a further updated “Amended
and Restated Contract for the Supply of Electric Power and Energy” (the “Updated Supply
Contract”), a copy of which is on file with the City Clerk, dated September 8, 2025, the
purpose of which is to replace and supersede the Existing Supply Contract.
K. The Updated Power Supply agreement, if approved by the parties, would
extend amendments to the Existing Power Supply agreement made in 2019, so as to:
Extend the term of the agreement to 2075;
Change the recitals to reflect shared commitment to a reliable, cost-effective and
rapidly decarbonized energy portfolio and indicate that a collaborative, flexible
approach will be necessary to meet current energy goals;
Simplify carve-out terms, without changing base all-requirements provisions, to
align solar and net-metering provisions with current law, increase flexibility in those
areas, and enable the Virtual Power Plant to stand up effectively;
Clarify that a resource’s connection point being on high-voltage or distribution
infrastructure is not what is relevant in determining carve-out eligibility;
Remove reference to specific metering requirements pertaining to distributed
energy generation and instead use flexible language that encourages and allows
for innovation and adaptation; and,
Make numerous changes to support joining an organized market, including
ensuring rate provisions are compatible and that market and surplus sales terms
are modernized.
L. The Updated Supply Contract is also being considered by the Enterprise by
separate ordinance adopted in the same manner as this Ordinance, including but not
limited to execution by the Mayor as president and the City Clerk as secretary of the
Enterprise.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds that it is in the best interests of the City
to replace and supersede the Existing Supply Contract with the Updated Supply Contract.
Section 2. The Updated Supply Contract is hereby approved, and the Mayor is
hereby authorized and directed to execute the same on behalf of the City in substantiall y
the form on file in the office of the City Clerk and as attached hereto as Exhibit A, provided
that the Electric Utility Enterprise is added as a party to the same prior to signing.
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Introduced, considered favorably on first reading on September 16, 20 25, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Yvette Lewis-Molock
Exhibit: Exhibit A - 2025 Power Supply Agreement
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Fort Collins Power Supply Agreement Amended and Restated XX/XX/2025
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AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY
This contract, made this day of 2025, between PLATTE RIVER
POWER AUTHORITY, a political subdivision organized and existing under and by virtue of the
laws of the State of Colorado (hereinafter called “Platte River”) and the CITY OF FORT COLLINS,
COLORADO, a municipal corporation of the State of Colorado, by and through its City Council
and Electric Enterprise Board (hereinafter called “Fort Collins.”)
WITNESSETH:
WHEREAS, Platte River was formed by Estes Park, Fort Collins, Longmont, and Loveland
(hereinafter collectively called “Municipalities”) in order to provide the wholesale power and
energy requirements of the Municipalities in a reliable, cost-effective, and environmentally
responsible manner; and
WHEREAS, Platte River owns, operates, and maintains electric generating facilities,
transmission lines, substations, and related facilities for the purpose of supplying electric power
and energy to the electric systems owned and operated by the Municipalities for resale; and
WHEREAS, Platte River has heretofore entered into or will enter into agreements for the
sale of electric power and energy similar in form to this Agreement with the cities of Estes Park,
Longmont, and Loveland; and
WHEREAS, Fort Collins desires to purchase electric power and energy from Platte River
on the terms and conditions herein set forth; and
WHEREAS, the Municipalities and Platte River share common decarbonization goals they
can most efficiently and equitably achieve through ongoing, forward-looking collaboration as the
electric utility industry, energy-producing technologies, and relevant laws and regulations
continue to evolve; and
WHEREAS, acting through the Platte River, the Municipalities wish to ensure an ongoing
source of electric power and energy that is reliable, cost-effective, and environmentally
responsible.
NOW, THEREFORE, in consideration of the mutual undertakings herein contained, the
Parties hereto agree as follows:
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Article 1: Sale and Purchase of Electric Power and Energy
(a) Platte River shall sell and deliver to Fort Collins and Fort Collins shall purchase and
receive from Platte River all electric power and energy which Fort Collins shall require for
the operation of its municipal electric system to the extent that Platte River shall have such
power and energy available; provided, however, that (1) Fort Collins shall have the right
to continue to generate its own power and energy to the extent of the capacity of its
generating facilities in service on September 5, 1974, and may also generate power and
energy for its own use from any new generation resource(s) owned and operated by Fort
Collins provided that the total rated capacity of all such new generation is no greater than
1,000 kW or one percent of the peak load of Fort Collins, whichever is greater, provided
further that if Fort Collins develops new generation resources of a total rated capacity as
set forth above Platte River commits that it will meet with Fort Collins to discuss in good
faith an increase in the total rated capacity limit, and (2) Fort Collins may purchase energy
from retail customers with on-premises energy production facilities or energy storage and
from retail customers participating in Fort Collins-sponsored grid support programs (such
as a virtual power plant), consistent with applicable law, Fort Collins’ policies governing
customer-owned resources, and provisions in Platte River’s General Power Bond
Resolution requiring protection of the rights and security of Platte River’s bondholders.
Any retail customer-owned energy production or storage facilities not on the customer’s
premises that exceed the customer’s annual average electricity consumption require
Platte River’s separate written consent.
(b) Subject to the provisions of Article 2(a), Fort Collins hereby binds itself to take and pay for
all power and energy that is generated, purchased, or otherwise obtained by Platte River,
and is furnished to Fort Collins for resale pursuant to Article 1(a) hereof, said payment to
be made at the rates set forth in the Tariff Schedules of Platte River in effect at the time
the power and energy is furnished to Fort Collins.
Article 2: Rate for Power and Energy
(a) Fort Collins shall pay Platte River for all electric power and energy furnished hereunder at
the rates and on the terms and conditions as provided in the Platte River Tariff Schedules;
provided, however, that notwithstanding any other provision of this Agreement, the
obligation of Fort Collins to pay Platte River for all electric power and energy furnished
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hereunder shall be, and is, a special obligation of Fort Collins payable solely from
revenues to be received by Fort Collins from the sale of electric power and energy to its
electric utility customers during the term hereof and is not a lien, charge, or liability against
Fort Collins or against any property or funds of Fort Collins other than revenues to be
received by Fort Collins from the sale of electric power and energy to its electric utility
customers during the term hereof, and the obligation to pay Platte River for all electric
power and energy furnished hereunder does not constitute a debt, liability, or obligation of
Fort Collins other than from its revenues to be received from the sale of electric power and
energy to its electric utility customers during the term hereof, and Fort Collins is not
otherwise obligated to pay such obligation.
(b) The Board of Directors of Platte River, at such intervals as it shall deem appropriate, but
in any event not less frequently than once in each calendar year, shall review the rates for
electric power and energy furnished hereunder and under similar agreements with the
other Municipalities and, if necessary, shall revise such rates to produce revenues which
shall be sufficient, but only sufficient, with the revenues of Platte River from all other
sources,
(i) to meet the cost of operation and maintenance (including, without limitation,
fuel, replacements, insurance, taxes, fees, and administrative and general
overhead expense) of the electric generating plants, transmission system,
and related facilities of Platte River;
(ii) to enable Platte River to operate effectively through bilateral trading,
organized energy markets, and use of third-party transmission facilities to
protect the reliability and value of Platte River assets;
(iii) to make payments of principal and interest on all indebtedness and
revenue bonds of Platte River and provide an earnings margin adequate to
enable Platte River to obtain revenue bond financing on favorable terms;
and
(iv) to provide for the establishment and maintenance of reasonable reserves.
(c) Platte River shall cause a notice in writing to be given to each Municipality to which it
furnishes electric power and energy, which notice shall set out each revision of the rates
with the effective date thereof, which shall be not less than 30 days after the date of the
notice. All rate adjustments shall apply equally to all Municipalities to which Platte River
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furnishes electric power and energy, unless otherwise agreed upon, and shall not be
discriminatory. Fort Collins agrees that the rates from time to time established by the Board
of Directors of Platte River shall be deemed to be substituted for the rates presently
contained in the Tariff Schedules and agrees to pay for electric power and energy
furnished to it hereunder after the effective date of any revisions to the Tariff Schedules at
such revised rates.
Article 3: Covenants of Platte River
(a) Platte River shall use reasonable diligence to furnish a constant and uninterrupted supply
of electric power and energy hereunder. If the supply of electric power and energy shall
fail, or be interrupted, or become defective through uncontrollable forces, as defined
herein, Platte River shall not be liable for any claim or damages caused thereby.
(b) To satisfy the Municipalities’ electric power and energy requirements Platte River may
purchase and sell capacity, energy, and related services through bilateral sales, organized
energy markets, or other means to balance the Municipalities’ projected near-, mid-, and
long-term needs with Platte River’s available resources.
(c) Platte River shall plan, design, construct, and operate electric power facilities as
necessary to fulfill its obligations under this Agreement, consistent with policies
established by its Board of Directors. The Parties shall meet periodically, in conjunction
with the other Municipalities, to coordinate policies, plans, and programs to support their
shared goals and accommodate changing industry conditions, technologies, and business
models.
Article 4: Covenants of Fort Collins
(a) Fort Collins agrees to maintain rates for electric power and energy furnished to its electric
utility customers which will, after payment of all of Fort Collins’ costs of operation and
maintenance (including, without limitation, replacements, insurance, administrative and
general overhead expense), return to Fort Collins sufficient revenue to meet its obligations
to Platte River hereunder.
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(b) Fort Collins shall not sell at wholesale any of the electric energy delivered to it hereunder
to any of its customers for resale by that customer, unless such resale is specifically
approved in writing by Platte River.
(c) Fort Collins acknowledges that it is familiar with the provision of Platte River’s contract
with the Western Area Power Administration, which requires, as a condition of the
purchase of federally generated power, that the Municipalities comply with certain
provisions of the “General Power Contract Provisions,” which is attached hereto as
Attachment A. Fort Collins acknowledges its compliance obligations under the General
Power Contract Provisions, as that document presently exists and as it may be modified
in the future.
Article 5: Conditions of Delivery of Power and Energy
(a) The electric power and energy to be furnished by Platte River shall be alternating current,
60 hertz, three-phase, subject to conditions of delivery and measurement as hereinafter
provided and in the Tariff Schedules.
(b) Responsibilities for the facilities through which electric power and energy is delivered are
set forth in Attachment B of this Agreement, attached hereto and made a part hereof.
(c) Fort Collins shall make and pay for all final connections between its system and the system
owned by, or available to, Platte River at the points of delivery agreed upon.
(d) Unless otherwise agreed, Fort Collins shall install, own, and maintain the necessary
substation equipment at the points of delivery from the system of, or available to, Platte
River and shall install, own, and maintain switching and protective equipment of adequate
design and sufficient capacity beyond such points of delivery to enable Fort Collins to take
and use the electric power and energy supplied hereunder without hazard to such system.
(e) To provide adequate service to Fort Collins, Platte River agrees to increase the capacity
of an existing transmission point of delivery, or to establish a new transmission point of
delivery at a mutually agreeable location, of a design capacity of not less than 20,000 kVa
maximum nameplate rating at 55° C. rise, and in accordance with this Agreement.
(f) Fort Collins shall give Platte River as much advance written notice as possible, but no less
than two years’ prior written notice of the need to increase the capacity of an existing
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transmission point of delivery or the need for a new transmission point of delivery. If new
transmission is required, Fort Collins shall give Platte River as much advance written
notice as possible, but no less than four years’ prior written notice. The notice shall specify
the amount of additional or new capacity, the new transmission required, and the desired
initial date of its operation. Platte River shall, within 60 days after receipt of such notice,
and on the basis of the best information available to Platte River from system plans and
load projections for Fort Collins, inform Fort Collins in writing of Platte River’s plans and
schedules with respect to the supply of the additional capacity requested by Fort Collins,
and shall thereafter keep Fort Collins informed of Platte River’s progress in supplying such
additional capacity. Platte River and Fort Collins shall collaborate throughout the planning
and construction process as needed to manage any unanticipated delays or other
problems caused by uncontrollable forces. Any written notice requesting additional
capacity at an existing point of delivery or the establishment of a new point of delivery shall
provide to Platte River any and all authority necessary for its facilities to occupy the
property of Fort Collins during the period in which that point of delivery is used by Platte
River for the delivery of power and energy.
(g) If Fort Collins requires the construction of a 115 kV or 230 kV transmission line for
additional service where such line is a tap or radial line over which energy can flow in only
one direction, as distinguished from a system line over which energy can flow in either
direction, then ownership, operation, and maintenance of such 115 kV or 230 kV
transmission line will be undertaken by Platte River pursuant to a separate agreement with
Fort Collins which provides for an appropriate sharing of the annual costs of ownership
and operations of such line for as long as such energy flow and delivery conditions prevail.
Article 6: Consultation on System Planning
(a) At least once each year, on or before July 1, Platte River shall consult Fort Collins
concerning its requirements for transmission facilities to effect delivery of power and
energy by Platte River. The date for such annual consultation shall be set by agreement
of the Parties.
(b) At least 30 days prior to the date of such annual consultation, Fort Collins shall provide
Platte River with two copies of its latest estimate of requirements for delivery of power and
energy covering a future period of 10 years. Platte River shall review Fort Collins’ annual
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estimates and shall consider them in preparing Platte River’s annual system plan.
Following Platte River’s annual consultations on delivery requirements with all
Municipalities, Platte River shall prepare an annual system plan for the delivery of power
and energy to all Municipalities covering a future period of 10 years. Decisions regarding
the construction of any transmission and delivery facilities by Platte River primarily to
supply Fort Collins, will take into account Fort Collins’ long-range distribution requirements
and costs and the long-range costs and benefits of alternative service plans. Platte River’s
annual system plan shall include appropriate load flow and stability studies and a copy
thereof shall be furnished to Fort Collins if requested.
Article 7: Measurement of Power and Energy
(a) Metering equipment shall be furnished, installed, and maintained by Platte River at each
point of delivery to Fort Collins at the high voltage side of the transforming equipment or
at such other points as agreed upon by the Parties.
(b) Loss adjustments for high voltage side or remote metering shall be as specified in the
Tariff Schedule or as otherwise agreed by the Parties.
Article 8: Meter Readings and Payment of Bills
(a) Platte River shall read meters and invoice Fort Collins for power and energy furnished
hereunder at approximately monthly intervals. Such invoices shall be due and payable to
Platte River within 15 days from date of issuance and shall become delinquent thereafter.
(b) If Fort Collins’ monthly bill becomes delinquent, late charges at the rate of 1½ % per month
of the unpaid balance shall be added, and if such bill is delinquent for a period of 15 days
or longer, Platte River may discontinue delivery of electric power and energy not less
than15 days following written notice to Fort Collins.
Article 9: Meter Testing and Billing Adjustment
(a) Platte River shall test and calibrate meters by comparison with accurate standards at
intervals of 12 months, and shall also make special meter tests at any time at Fort Collins’
request. The cost of all tests shall be borne by Platte River; provided, however, that if any
special meter test made at Fort Collins’ request shall disclose that the meters are recording
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accurately, Fort Collins shall reimburse Platte River for the cost of such test. Meters
registering within 2% above or below normal shall be deemed to be accurate.
(b) The readings of any meter which are disclosed by test to be inaccurate shall be corrected
from the beginning of the monthly billing period immediately preceding the billing period
during which the test was made; provided, that no correction shall be made for a longer
period than such inaccuracy is determined by Platte River to have existed. If a meter fails
to register, the electric power and energy delivered during such period of failure shall, for
billing purposes, be estimated by Platte River from the best information available.
(c) Platte River shall notify Fort Collins in advance of any meter reading or test so that Fort
Collins’ representative may be present at such meter reading or test.
Article 10: Right of Occupancy and Access
Both Parties shall have a revocable license to occupy the property of the other Party necessary
to deliver and receive power and energy under this Agreement as described in Attachment B.
Duly authorized representatives of either Party shall be permitted to enter the premises of the
other Party at all reasonable times in order to carry out the provisions of this Agreement and those
described in Attachment B.
Article 11: Uncontrollable Forces
Neither Party to this Agreement shall be considered to be in default in performance of any of its
obligations, except the agreement to make payment, when a failure of performance shall be due
to an uncontrollable force. The term “uncontrollable force” means any cause beyond the control
of the Party affected, including but not restricted to, failure of or threat of failure of facilities, flood,
earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor
dispute, labor or material shortage, sabotage, restraint by court order or public authority and
action or inaction by, or failure to obtain the necessary authorization or approvals from, any
governmental agency or authority, which by the exercise of due diligence such Party could not
reasonably have been expected to avoid and which by exercise of due diligence it shall be unable
to overcome. Nothing contained herein shall require a Party to settle any strike or labor dispute in
which it may be involved. Either Party rendered unable to fulfill any of its obligations under this
Agreement by reason of an uncontrollable force shall give prompt written notice of such fact, if
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reasonable to do so, to the other Party and shall exercise due diligence to remove such inability
with all reasonable dispatch.
Article 12: Enforceability
The Parties hereto recognize that there are legal constraints imposed upon them by the
constitution, statutes, and rules and regulations of the State of Colorado and of the United States,
and imposed upon them by their respective governing statutes, charters, ordinances, rules and
regulations, and that, subject to such constraints, the Parties intend to carry out the terms and
conditions of this Agreement. Notwithstanding any other provision of this Agreement to the
contrary, in no event shall either of the Parties exercise any power or take any action which shall
be prohibited by applicable law. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner so as to be effective and valid under applicable law.
Article 13: Term of Agreement
This Agreement shall become effective when signed by both Parties, and shall amend and
supersede the existing Contract for the Supply of Electric Power and Energy between Platte River
and Fort Collins, dated May 30, 2019. This Agreement shall remain in effect until December 31,
2075, and thereafter until terminated by either Party giving the other at least 12 months’ prior
written notice of termination.
Article 14: Notices
Any formal notice provided for in this Agreement, and the payment of monies due, shall be
deemed properly served, given or made, if delivered in person or sent by regular mail to the
persons specified below:
For Platte River: For Fort Collins:
General Manager Utilities General Manager
Platte River Power Authority City of Fort Collins
2000 East Horsetooth Road P. O. Box 580
Fort Collins, Colorado 80525 Fort Collins, Colorado 80522
The Parties may exchange routine communications concerning this Agreement by electronic
means or any other method acceptable to both Parties. Either Party may change its contact
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information for formal notices by delivering written notice to the other Party at least 30 days before
the change is to take effect.
Article 15: Severability
In the event that any of the terms, covenants, or conditions of this Agreement or their application
shall be held invalid as to any person or circumstance by any Court having jurisdiction, the
remainder of this Agreement and the application of its terms, covenants, or conditions to such
persons or circumstances shall not be affected thereby.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day
and year first above written.
General Manager Secretary
Mayor City Clerk
Assistant City Attorney
FORT COLLINS ELECTRIC UTILITY ENTERPRISE: ATTEST:
By: By:
Enterprise Board President Enterprise Board Secretary
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WESTERN AREA POWER ADMINISTRATION
GENERAL POWER CONTRACT PROVISIONS Page
I.APPLICABILITY.
1.Applicability ............................................................................................................................................. 2
II.DELIVERY OF SERVICE PROVISIONS.
2.Character of Service ...................................................................................................................................... 2
3.Use of Capacity or Energy in Excess of Contract Obligation ....................................................................... 2
4.Continuity of Service .................................................................................................................................... 2
5.Multiple Points of Delivery........................................................................................................................ 2-3
6.Metering ........................................................................................................................................................ 3
7.Existence of Transmission Service Contract ................................................................................................. 3
8.Conditions of Transmission Service ............................................................................................................. 4
9.Multiple Points of Delivery Involving Direct and Indirect Deliveries .......................................................... 4
10.Construction, Operation, and Maintenance of Contractor’s Power System .................................................. 4
III.RATES, BILLING, AND PAYMENT PROVISIONS.
11.Change of Rates ............................................................................................................................................ 5
12.Minimum Seasonal or Annual Capacity Charge ........................................................................................... 5
13.Billing and Payment ...................................................................................................................................... 5
14.Nonpayment of Bills in Full When Due .................................................................................................... 5-6
15.Adjustments for Fractional Billing Period .................................................................................................... 6
16.Adjustments for Curtailments to Firm Service ............................................................................................. 6
IV.POWER SALES PROVISIONS.
*17. Resale of Firm Electric Service (Wholesale Sales for Resale)...................................................................... 7
18.Distribution Principles .................................................................................................................................. 7
19.Contract Subject to Colorado River Compact ............................................................................................... 7
V.FACILITIES PROVISIONS.
20.Design Approval ........................................................................................................................................... 7
21.Inspection and Acceptance............................................................................................................................ 8
22.As-Built Drawings ........................................................................................................................................ 8
23.Equipment Ownership Markers .................................................................................................................... 8
24.Third-Party Use of Facilities ......................................................................................................................... 8
25.Changes to Western Control Facilities .......................................................................................................... 8
26.Modification of Western Facilities................................................................................................................ 9
27.Transmission Rights...................................................................................................................................... 9
28.Construction and Safety Procedures ........................................................................................................ 9-10
29.Environmental Compliance......................................................................................................................... 10
30.Responsibility for Regulated Materials ....................................................................................................... 10
VI.OTHER PROVISIONS.
31.Authorized Representatives of the Parties .................................................................................................. 10
32.Effect of Section Headings ......................................................................................................................... 10
33.Operating Guidelines and Procedures ......................................................................................................... 10
34.Uncontrollable Forces ................................................................................................................................. 11
35.Liability ....................................................................................................................................................... 11
36.Cooperation of Contracting Parties ............................................................................................................. 11
37.Transfer of Interest in the Contract or Change in Preference Status ...................................................... 11-12
38.Choice of Law and Forum .......................................................................................................................... 12
39.Waivers ...................................................................................................................................................... 12
40.Notices ........................................................................................................................................................ 12
41.Contingent Upon Appropriations and Authorization .................................................................................. 13
42.Covenant Against Contingent Fees ............................................................................................................. 13
43.Contract Work Hours and Safety Standards ............................................................................................... 13
*44. Compliance with Federal Anti-Discrimination Laws ................................................................................. 13
45.Use of Convict Labor .................................................................................................................................. 13
*Revised July 17, 2025
Attachment A
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WESTERN AREA POWER ADMINISTRATION
GENERAL POWER CONTRACT PROVISIONS
I.APPLICABILITY.
1. Applicability.
1.1 These General Power Contract Provisions (Provisions) shall be a part of the contract to
which they are attached. In the event these Provisions differ from requirements of the contract, specific terms
set forth in the contract shall prevail.
1.2 If the Contractor has member utilities which are either directly or indirectly receiving
benefits from the contract, then the Contractor shall require such members to comply with Provisions 10, 17, 18,
19, 29, 30, 36, 43, 44, and 45 of these General Power Contract Provisions.
II.DELIVERY OF SERVICE PROVISIONS.
2.Character of Service.
Electric energy supplied or transmitted under the contract will be three-phase, alternating current,
at a nominal frequency of sixty (60) hertz (cycles per second).
3. Use of Capacity or Energy in Excess of Contract Obligation.
The Contractor is not entitled to use Federal power, energy, or capacity in amounts greater than the
Western contract delivery obligation in effect for each type of service provided for in the contract except with
the approval of Western. Unauthorized overruns of contract delivery obligations shall be subject to charges
specified in the contract or the applicable rate schedules. Overruns shall not establish any continuing right
thereto and the Contractor shall cease any overruns when requested by Western, or in the case of authorized
overruns, when the approval expires, whichever occurs first. Nothing in the contract shall obligate Western to
increase any delivery obligation. If additional power, energy, or capacity is not available from Western, the
responsibility for securing additional power, energy, or capacity shall rest wholly with the Contractor.
4. Continuity of Service.
Electric service will be supplied or transmitted continuously except for: (1) fluctuations,
interruptions, or reductions due to uncontrollable forces, as defined in Provision 34 (Uncontrollable Forces)
herein, (2) fluctuations, interruptions, or reductions due to operation of devices installed for power system
protection; and (3) temporary fluctuations, interruptions, or reductions, which, in the opinion of the party
supplying the service, are necessary or desirable for the purposes of maintenance, repairs, replacements,
installation of equipment, or investigation and inspection. The party supplying service, except in case of
emergency, will give the party to whom service is being provided reasonable advance notice of such temporary
interruptions or reductions and will remove the cause thereof with diligence.
5.Multiple Points of Delivery.
When electric service is supplied at or transmitted to two or more points of delivery under the same
rate schedule, said rate schedule shall apply separately to the service supplied at or transmitted to each point of
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delivery; Provided, That where the meter readings are considered separately, and during abnormal conditions, the
Contractor’s system is interconnected between points of delivery such that duplication of metered power is possible,
the meter readings at each affected point of delivery will be adjusted to compensate for duplication of power demand
recorded by meters at alternate points of delivery due to abnormal conditions which are beyond the Contractor’s
control or temporary conditions caused by scheduled outages.
6.Metering.
6.1 The total electric power and energy supplied or transmitted under the contract will be measured
by metering equipment to be furnished and maintained by Western, a designated representative of Western, or where
situations deem it appropriate as determined by Western, by the Contractor or its agent(s). In the event metering
equipment is furnished and maintained by the Contractor or its agent(s) and the equipment is used for billing and
other accounting purposes by Western, the Contractor shall ensure that the metering equipment complies with
applicable metering policies established by Western.
6.2 Meters shall be secured by appropriate security measures and meters shall not be accessed
except when the meters are to be inspected, tested, adjusted, or repaired. Representatives of affected parties shall be
afforded reasonable opportunity to be present upon such occasions. Metering equipment shall be inspected and
tested each year by the party responsible for meter maintenance, unless a different test interval is determined in
accordance with good utility practices by an applicable regional metering policy, or as agreed upon by the parties.
Meters shall also be tested at any reasonable time upon request by a party hereto, or by an affected supplemental
power supplier, transmission agent, or control area operator. Any metering equipment found to be damaged,
defective, or inaccurate shall be repaired and readjusted or replaced by the party responsible for meter maintenance
as soon as practicable. Meters found with security breaches shall be tested for tampering and, if appropriate, meter
readings shall be adjusted by Western pursuant to Provision 6.3 below.
6.3 Except as otherwise provided in Provision 6.4 hereof, should any meter that is used by Western
for billing or other accounting purposes fail to register accurately, the electric power and energy supplied or
transmitted during the period of failure to register accurately, shall, for billing purposes, be estimated by Western
from the best available information.
6.4 If inspections and tests of a meter used by Western for billing or other accounting purposes
disclose an error exceeding 2 percent, or a lesser range in error as agreed upon by the parties, then a correction based
upon the inaccuracy found shall be made to the service records for the period of inaccuracy as determined by
Western. If the period of inaccuracy cannot be determined, the inaccuracy shall be assumed to have existed during
the entire monthly billing period immediately preceding the billing period in which the inspection or test was made
and the resulting correction shall be made accordingly.
6.5 Any correction in billing or other accounting information that results from a correction in meter
records shall be made in a subsequent monthly bill rendered by Western to the Contractor. Payment of such bill
shall constitute full adjustment of any claim between the parties arising out of inaccurate metering equipment.
7.Existence of Transmission Service Contract.
If the contract provides for Western to furnish services using the facilities of a third party, the obligation
of Western shall be subject to and contingent upon the existence of a transmission service contract granting Western
rights to use such facilities. If Western acquires or constructs facilities which would enable it to furnish direct service
to the Contractor, Western, at its option, may furnish service over its own facilities.
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8. Conditions of Transmission Service.
8.1 When the electric service under the contract is furnished by Western over the facilities of others
by virtue of a transmission service arrangement, the power and energy will be furnished at the voltage available and
under the conditions which exist from time to time on the transmission system over which the service is supplied.
8.2 Unless otherwise provided in the contract or applicable rate schedule, the Contractor shall
maintain a power factor at each point of delivery from Western’s transmission agent as required by the transmission
agent.
8.3 Western will endeavor to inform the Contractor from time to time of any changes planned or
proposed on the system over which the service is supplied, but the costs of any changes made necessary in the
Contractor’s system, because of changes or conditions on the system over which the service is supplied, shall not be
a charge against or a liability of Western.
8.4 If the Contractor, because of changes or conditions on the system over which service under the
contract is supplied, is required to make changes on its system at its own expense in order to continue receiving
service under the contract, then the Contractor may terminate service under the contract upon not less than sixty (60)
days written notice given to Western prior to making such changes, but not thereafter.
8.5 If Western notifies the Contractor that electric service provided for under the contract cannot
be delivered to the Contractor because of an insufficiency of capacity available to Western in the facilities of others
over which service under the contract is supplied, then the Contractor may terminate service under the contract upon
not less than sixty (60) days written notice given to Western prior to the date on which said capacity ceases to be
available to Western, but not thereafter.
9. Multiple Points of Delivery Involving Direct and Indirect Deliveries.
When Western has provided line and substation capacity under the contract for the purpose of
delivering electric service directly to the Contractor at specified direct points of delivery and also has agreed to
absorb transmission service allowance or discounts for deliveries of energy over other system(s) to indirect points
of delivery and the Contractor shifts any of its load served under the contract from direct delivery to indirect delivery,
Western will not absorb the transmission service costs on such shifted load until the unused capacity, as determined
solely by Western, available at the direct delivery points affected is fully utilized.
10. Construction, Operation, and Maintenance of Contractor’s Power System.
The Contractor shall, and, if applicable, shall require each of its members or transmission agents to
construct, operate, and maintain its power system in a manner which, as determined by Western, will not interfere
with the operation of the system of Western or its transmission agents over which electric services are furnished to
the Contractor under the contract, and in a manner which will coordinate with the protective relaying and other
protective arrangements of the system(s) of Western or Western’s transmission agents. Western may reduce or
discontinue furnishing services to the Contractor if, after notice by Western, the Contractor fails or refuses to make
such changes as may be necessary to eliminate an unsatisfactory condition on the Contractor’s power system which
is determined by Western to interfere significantly under current or probable conditions with any service supplied
from the power system of Western or from the power system of a transmission agent of Western. Such a reduction
or discontinuance of service will not relieve the Contractor of liability for any minimum charges provided for in the
contract during the time said services are reduced or discontinued. Nothing in this Provision shall be construed to
render Western liable in any manner for any claims, demands, costs, losses, causes of action, damages, or liability
of any kind or nature arising out of or resulting from the construction, operation, or maintenance of the Contractor’s
power system.
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III. RATES, BILLING, AND PAYMENT PROVISIONS.
11. Change of Rates.
Rates applicable under the contract shall be subject to change by Western in accordance with
appropriate rate adjustment procedures. If at any time the United States promulgates a rate changing a rate then in
effect under the contract, it will promptly notify the Contractor thereof. Rates shall become effective as to the
contract as of the effective date of such rate. The Contractor, by written notice to Western within ninety (90) days
after the effective date of a rate change, may elect to terminate the service billed by Western under the new rate.
Said termination shall be effective on the last day of the billing period requested by the Contractor not later than two
(2) years after the effective date of the new rate. Service provided by Western shall be paid for at the new rate
regardless of whether the Contractor exercises the option to terminate service.
12. Minimum Seasonal or Annual Capacity Charge.
When the rate in effect under the contract provides for a minimum seasonal or annual capacity charge,
a statement of the minimum capacity charge due, if any, shall be included in the bill rendered for service for the last
billing period of the service season or contract year as appropriate, adjusted for increases or decreases in the contract
rate of delivery and for the number of billing periods during the year or season in which service is not provided.
Where multiple points of delivery are involved and the contract rate of delivery is stated to be a maximum aggregate
rate of delivery for all points, in determining the minimum seasonal or annual capacity charge due, if any, the
monthly capacity charges at the individual points of delivery shall be added together.
13. Billing and Payment.
13.1 Western will normally issue bills to the Contractor for services furnished during the preceding
month within ten (10) days after the end of the billing period.
13.2 If Western is unable to issue timely monthly bill(s), Western may elect to render estimated
bill(s). Such estimated bill(s) shall be subject to the same payment provisions as final bill(s), and any applicable
adjustments will be shown on a subsequent monthly bill.
13.3 Payments of bills issued by Western are due and payable by the Contractor before the close of
business on the twentieth (20th) calendar day after the date of issuance of each bill or the next business day thereafter
if said day is a Saturday, Sunday, or Federal holiday. Bills shall be considered paid when payment is received by
Western. Bills will be paid electronically or via the Automated Clearing House method of payment unless a written
request to make payments by mail is submitted by the Contractor and approved by Western. Should Western agree
to accept payments by mail, these payments will be accepted as timely and without assessment of the charge provided
for in Provision 14 (Nonpayment of Bills in Full When Due) if a United States Post Office first class mail postmark
indicates the payment was mailed at least three (3) calendar days before the due date.
13.4 The parties agree that net billing procedures will be used for payments due Western by the
Contractor and for payments due the Contractor by Western for the sale or exchange of electric power and energy,
use of transmission facilities, operation and maintenance of electric facilities, and other services. Payments due one
party in any month shall be offset against payments due the other party in such month, and the resulting net balance
shall be paid to the party in whose favor such balance exists. The parties shall exchange such reports and information
that either party requires for billing purposes. Net billing shall not be used for any amounts due which are in dispute.
14. Nonpayment of Bills in Full When Due.
14.1 Bills not paid in full by the Contractor by the due date specified in Provision 13 (Billing and
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Payment) hereof shall bear a charge of five hundredths percent (0.05%) of the principal sum unpaid for each day
payment is delinquent, to be added until the amount due is paid in full. Western will also assess a fee of twenty-five
dollars ($25.00) for processing a late payment. Payments received will first be applied to the charges for late
payment assessed on the principal and then to payment of the principal.
14.2 Western shall have the right, upon not less than fifteen (15) days advance written notice, to
discontinue furnishing the services specified in the contract for nonpayment of bills in full when due, and to refuse
to resume such services so long as any part of the amount due remains unpaid. Such a discontinuance of service will
not relieve the Contractor of liability for minimum charges during the time service is so discontinued. The rights
reserved to Western herein shall be in addition to all other remedies available to Western either by law or in equity,
for the breach of any of the terms hereof.
15. Adjustments for Fractional Billing Period.
The demand or capacity charge and minimum charges shall each be proportionately adjusted when
fractional billing periods are applicable under this contract. A fractional billing period can occur: 1) at the beginning
or end of electric service; 2) at the beginning or end of irrigation pumping service each year; 3) for a fractional billing
period under a new rate schedule; or 4) for fractional periods due to withdrawals of electric services. The adjustment
will be made based on the ratio of the number of hours that electric service is available to the Contractor in such
fractional billing period, to the total number of hours in the billing period involved. Energy billing shall not be
affected by fractional billing periods.
16. Adjustments for Curtailments to Firm Service.
16.1 Billing adjustments will be made if firm electric service is interrupted or reduced because of
conditions on the power system of the United States for periods of one (1) hour or longer in duration each. Billing
adjustments will not be made when such curtailment of electric service is due to a request by the Contractor or a
discontinuance of electric service by Western pursuant to Provision 14 (Nonpayment of Bills In Full When Due).
For purposes of billing adjustments under this Provision, the term power system of the United States shall include
transmission facilities used under contract but not owned by the United States.
16.2 The total number of hours of curtailed firm electric service in any billing period shall be
determined by adding: (1) the sum of the number of hours of interrupted electric service to (2) the product, of each
reduction, of: the number of hours reduced electric service and the percentage by which electric service was reduced
below the delivery obligation of Western at the time of each said reduction of electric service. The demand or
capacity charge and applicable minimum charges shall each be proportionately adjusted in the ratio that the total
number of hours of electric service determined to have been curtailed bears to the total number of hours in the billing
period involved.
16.3 The Contractor shall make written claim within thirty (30) days after receiving the monthly
bill, for adjustment on account of any curtailment of firm electric service, for periods of one (1) hour or longer in
duration each, alleged to have occurred that is not reflected in said bill. Failure to make such written claim, within
said thirty-day (30-day) period, shall constitute a waiver of said claim. All curtailments of electric service, which
are due to conditions on the power system of the United States, shall be subject to the terms of this Provision;
Provided, That withdrawal of power and energy under the contract shall not be considered a curtailment of electric
service.
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IV. POWER SALES PROVISIONS.
17. Resale of Firm Electric Service (Wholesale Sales for Resale).
17.1 The Contractor shall not sell any firm electric power or energy supplied under the contract to
any electric utility customer of the Contractor for resale by that utility customer; Provided, That the Contractor may
sell the electric power and energy supplied under the contract to its members on condition that said members not sell
any of said power and energy to any customer of the member for resale by that customer.
17.2 Contractors receiving environmental attributes associated with any firm electric power or
energy allocated under the contract may use, dispose of, transfer, or resell such environmental attributes in
accordance with good utility practice.
18. Distribution Principles.
The Contractor agrees that the benefits of firm electric power or energy supplied under the contract
shall be made available to its consumers at rates that are established at the lowest possible level consistent with
sound business principles, and that these rates will be established in an open and public manner. The Contractor
further agrees that it will identify the costs of firm electric power or energy supplied under the contract and power
from other sources to its consumers upon request. The Contractor will demonstrate compliance with the
requirements of this Provision to Western upon request.
19. Contract Subject to Colorado River Compact.
Where the energy sold under the contract is generated from waters of the Colorado River system, the
contract is made upon the express condition and with the express covenant that all rights under the contract shall be
subject to and controlled by the Colorado River Compact approved by Section 13 (a) of the Boulder Canyon Project
Act of December 21, 1928, 43 U.S.C. §§ 617a-e, and the parties to the contract shall observe and be subject to and
controlled by said Colorado River Compact in the construction, management, and operation of the dams, reservoirs,
and powerplants from which electrical energy is to be furnished by Western to the Contractor under the contract,
and in the storage, diversion, delivery, and use of water for the generation of electrical energy to be delivered by
Western to the Contractor under the contract.
V. FACILITIES PROVISIONS.
20. Design Approval.
All facilities, construction, and installation by the Contractor pursuant to the contract shall be subject
to the approval of Western. Facilities interconnections shall normally conform to Western’s current “General
Requirements for Interconnection,” in effect upon the signing of the contract document providing for each
interconnection, copies of which are available from Western. At least ninety (90) days, unless otherwise agreed,
prior to the date the Contractor proposes to commence construction or to incur an obligation to purchase facilities to
be installed pursuant to the contract, whichever date is the earlier, the Contractor shall submit, for the approval of
Western, detailed designs, drawings, and specifications of the facilities the Contractor proposes to purchase,
construct, and install. The Contractor assumes all risks for construction commenced or obligations to purchase
facilities incurred prior to receipt of approval from Western. Western review and approval of designs and
construction work in no way implies that Western is certifying that the designs meet the Contractor’s needs.
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21. Inspection and Acceptance.
Western shall have the right to inspect the materials and work furnished by the Contractor, its agents,
employees, and subcontractors pursuant to the contract. Such inspections shall be at reasonable times at the work
site. Any materials or work that Western determines is defective or not in accordance with designs, drawings, and
specifications, as approved by Western, shall be replaced or modified, as directed by Western, at the sole expense
of the Contractor before the new facilities are energized.
22. As-Built Drawings.
Within a reasonable time, as determined by Western, after the completion of construction and
installation of facilities pursuant to the contract, the Contractor shall submit to Western marked as-built prints of all
Western drawings affected by changes made pursuant to the contract and reproducible drawings the Contractor has
prepared showing facilities of Western. The Contractor’s drawings of Western facilities shall use drawing title
blocks, drawing numbers, and shall be prepared in accordance with drafting standards all as approved by Western.
Western may prepare, revise, or complete said drawings and bill the Contractor if the Contractor fails to provide
such drawings to Western within a reasonable time as determined by Western.
23. Equipment Ownership Markers.
23.1 The Contractor shall identify all movable equipment and, to the extent agreed upon by the
parties, all other salvageable facilities constructed or installed on the United States right-of-way or in Western
substations pursuant to the contract which are owned by the Contractor, by permanently affixing thereto suitable
markers clearly identifying the Contractor as the owner of said equipment and facilities.
23.2 If requested by the Contractor, Western shall identify all movable equipment and, to the extent
agreed upon by the parties, all other salvageable facilities constructed or installed on the Contractor’s right-of-way
or in the Contractor’s substations pursuant to the contract which are owned by the United States, by permanently
affixing thereto suitable markers clearly identifying the United States as the owner of said equipment and facilities.
24. Third-Party Use of Facilities.
The Contractor shall notify Western of any proposed system change relating to the facilities governed
by the contract or allowing third-party use of the facilities governed by the contract. If Western notifies the
Contractor that said system change will, as solely determined by Western, adversely affect the operation of Western’s
system the Contractor shall, at no cost to Western, provide a solution to said adverse effect acceptable to Western.
25. Changes to Western Control Facilities.
If at any time during the term of the contract, Western determines that changes or additions to control,
relay, or communications facilities are necessary to maintain the reliability or control of Western’s transmission
system, and said changes or additions are entirely or partially required because of the Contractor’s equipment
installed under the contract, such changes or additions shall, after consultation with the Contractor, be made by
Western with all costs or a proportionate share of all costs, as determined by Western, to the be paid by the
Contractor. Western shall notify the Contractor in writing of the necessary changes or additions and the estimated
costs to be paid by the Contractor. If the Contractor fails to pay its share of said estimated costs, Western shall have
the right, after giving sixty (60) days’ written notice to the Contractor, to terminate the applicable facility installation
provisions to the contract and require the removal of the Contractor’s facilities.
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26. Modification of Western Facilities.
Western reserves the right, at any time, to modify its facilities. Western shall keep the Contractor
informed of all planned modifications to Western facilities which impact the facilities installation pursuant to the
contract. Western shall permit the Contractor to change or modify its facilities, in a manner satisfactory to and at no
cost or expense to Western, to retain the facilities interconnection pursuant to the contract. At the Contractor’s
option, Western shall cooperate with the Contractor in planning alternate arrangements for service which shall be
implemented at no cost or expense to Western. The Contractor and Western shall modify the contract, as necessary,
to conform to the new facilities arrangements.
27. Transmission Rights.
If the contract involves an installation which sectionalizes a Western transmission line, the Contractor
hereby agrees to provide a transmission path to Western across such sectionalizing facilities at no cost or expense to
Western. Said transmission path shall be at least equal, in terms of capacity and reliability, to the path in the Western
transmission line prior to the installation pursuant to the contract.
28. Construction and Safety Procedures.
28.1 The Contractor hereby acknowledges that it is aware of the hazards inherent in high-voltage
electric lines and substations, and hereby assumes full responsibility at all times for the adoption and use of necessary
safety measures required to prevent accidental harm to personnel engaged in the construction, inspection, testing,
operation, maintenance, replacement, or removal activities of the Contractor pursuant to the contract. The Contractor
and the authorized employees, agents, and subcontractors of the Contractor shall comply with all applicable safety
laws and building and construction codes, including the provisions of Chapter 1 of the Power System Operations
Manual, entitled Power System Switching Procedure, and the Occupational Safety and Health Administration
regulations, Title 29 C.F.R. §§ 1910 and 1926, as amended or supplemented. In addition to the safety program
required herein, upon request of the United States, the Contractor shall provide sufficient information to demonstrate
that the Contractor’s safety program is satisfactory to the United States.
28.2 The Contractor and its authorized employees, agents, and subcontractors shall familiarize
themselves with the location and character of all the transmission facilities of Western and interconnections of others
relating to the work performed by the Contractor under the contract. Prior to starting any construction, installation,
or removal work, the Contractor shall submit a plan of procedure to Western which shall indicate the sequence and
method of performing the work in a safe manner. No work shall be performed by the Contractor, its employees,
agents, or subcontractors until written authorization to proceed is obtained from Western.
28.3 At all times when the Contractor, its employees, agents, or subcontractors are performing
activities of any type pursuant to the contract, such activities shall be under supervision of a qualified employee,
agent, or subcontractor of the Contractor who shall be authorized to represent the Contractor in all matters pertaining
to the activity being performed. The Contractor and Western will keep each other informed of the names of their
designated representatives at the site.
28.4 Upon completion of its work, the Contractor shall remove from the vicinity of the right-of-way
of the United States all buildings, rubbish, used materials, concrete forms, and other like material belonging to the
Contractor or used under the Contractor’s direction, and in the event of failure to do so the same may be removed
by Western at the expense of the Contractor.
28.5 In the event the Contractor, its employees, agents, or subcontractors fail to comply with any
requirement of this Provision, or Provision 21 (Inspection and Acceptance) herein, Western or an authorized
representative may issue an order to stop all or any part of the work until such time as the Contractor demonstrates
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compliance with the provision at issue. The Contractor, its employees, agents, or subcontractors shall make no claim
for compensation or damages resulting from such work stoppage.
29. Environmental Compliance.
Facilities installed under the contract by any party shall be constructed, operated, maintained, replaced,
transported, and removed subject to compliance with all applicable laws, including but not limited to the National
Historic Preservation Act of 1966, 16 U.S.C. §§ 470x-6, the National Environmental Policy Act of 1969, 42 U.S.C.
§§ 4321-4347, the Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1544, and the Archaeological Resources
Protection Act of 1979, 16 U.S.C. §§ 470aa-470mm, and the regulations and executive orders implementing these
laws, as they may be amended or supplemented, as well as any other existing or subsequent applicable laws,
regulations, and executive orders.
30. Responsibility for Regulated Materials.
When either party owns equipment containing regulated material located on the other party’s
substation, switchyard, right-of-way, or other property, the equipment owner shall be responsible for all activities
related to regulated materials in such equipment that are necessary to meet the requirements of the Toxic Substances
Control Act, 15 U.S.C. §§ 2601-2692, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-6992k, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9675, the
Oil Pollution Act of 1990, 33 U.S.C. §§ 2702-2761, the Clean Water Act, 33 U.S.C. §§ 1251-1387, the Safe Drinking
Water Act, 42 U.S.C. §§ 300f-j26, and the regulations and executive orders implementing these laws, as they may
be amended or supplemented, and any other existing or subsequent applicable laws, regulations, and executive
orders. Each party shall label its equipment containing regulated material in accordance with appropriate laws and
regulations. If the party owning the equipment does not perform activities required under appropriate laws and
regulations within the time frame specified therein, the other party may perform or cause to be performed the required
activities after notice to and at the sole expense of the party owning the equipment.
VI. OTHER PROVISIONS.
31. Authorized Representatives of the Parties.
Each party to the contract, by written notice to the other, shall designate the representative(s) who is
(are) authorized to act in its behalf with respect to those matters contained in the contract which are the functions
and responsibilities of the authorized representatives of the parties. Each party may change the designation of its
authorized representative(s) upon oral notice given to the other, confirmed promptly by written notice.
32. Effect of Section Headings.
Section headings or Provision titles appearing in the contract or these General Power Contract
Provisions are inserted for convenience only and shall not be construed as interpretations of text.
33. Operating Guidelines and Procedures.
The parties to the contract may agree upon and put into effect from time to time, such other written guidelines and
procedures as may be required in order to establish the methods of operation of the power system to be followed in
the performance of the contract.
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34. Uncontrollable Forces.
Neither party to the contract shall be considered to be in default in performance of any of its obligations
under the contract, except to make payment as specified in Provision 13 (Billing and Payment) herein, when a failure
of performance shall be due to an uncontrollable force. The term “uncontrollable force” means any cause beyond
the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood,
earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or
material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to
obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of
due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence
it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or
labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the
contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall
exercise due diligence to remove such inability with all reasonable dispatch.
35. Liability.
35.1 The Contractor hereby agrees to indemnify and hold harmless the United States, its employees,
agents, or contractors from any loss or damage and from any liability on account of personal injury, death, or property
damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever
made arising out of the Contractors’, its employees’, agents’, or subcontractors’ construction, operation,
maintenance, or replacement activities under the contract.
35.2 The United States is liable only for negligence on the part of its officers and employees in
accordance with the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 1346(c), 2401(b), 2402, 2671, 2672, 2674-
2680, as amended or supplemented.
36. Cooperation of Contracting Parties.
If, in the operation and maintenance of their respective power systems or electrical equipment and the
utilization thereof for the purposes of the contract, it becomes necessary by reason of any emergency or extraordinary
condition for either party to request the other to furnish personnel, materials, tools, and equipment for the
accomplishment thereof, the party so requested shall cooperate with the other and render such assistance as the party
so requested may determine to be available. The party making such request, upon receipt of properly itemized bills
from the other party, shall reimburse the party rendering such assistance for all costs properly and reasonably
incurred by it in such performance, including administrative and general expenses, such costs to be determined on
the basis of current charges or rates used in its own operations by the party rendering assistance. Issuance and
payment of bills for services provided by Western shall be in accordance with Provisions 13 (Billing and Payment)
and 14 (Nonpayment of Bills in Full When Due) herein. Western shall pay bills issued by the Contractor for services
provided as soon as the necessary vouchers can be prepared which shall normally be within twenty (20) days.
37. Transfer of Interest in Contract or Change in Preference Status.
37.1 No voluntary transfer of the contract or of the rights of the Contractor under the contract shall
be made without the prior written approval of the Administrator of Western. Any voluntary transfer of the contract
or of the rights of the Contractor under the contract made without the prior written approval of the Administrator of
Western may result in the termination of the contract; Provided, That the written approval of the Administrator shall
not be unreasonably withheld; Provided further, That if the Contractor operates a project financed in whole or in part
by the Rural Utilities Service, the Contractor may transfer or assign its interest in the contract to the Rural Utilities
Service or any other department or agency of the Federal Government without such prior written approval; Provided
further, That any successor to or assignee of the rights of the Contractor, whether by voluntary transfer, judicial sale,
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foreclosure sale, or otherwise, shall be subject to all the provisions and conditions of the contract to the same extent
as though such successor or assignee were the original Contractor under the contract; and, Provided further, That the
execution of a mortgage or trust deed, or judicial or foreclosure sales made thereunder, shall not be deemed voluntary
transfers within the meaning of this Provision.
37.2 The Contractor shall maintain its status as an entity eligible for preference in Western’s sale of
Federal power pursuant to Reclamation law, as amended and supplemented.
37.3 Western shall give the Contractor written notice of Western’s proposed determination that the
Contractor has violated Provision 37.1 and Western’s proposed action in response to the violation.
37.4 The Contractor shall have 120 days after receipt of Western’s notice provided under Provision
37.3 to submit a written response to Western. The Contractor may also make an oral presentation to the
Administrator during this 120-day period.
37.5 At any time during this process, the Contractor and Western may agree upon corrective action
to resolve Western’s proposed determination that the Contractor is in violation of Provision 37.1.
37.6 Within 30 days of receipt of the Contractor’s written response provided under Provision 37.4,
Western will notify the Contractor in writing of its final decision. The Administrator’s written notice will include
the intended action, the effective date thereof, and the reasons for taking the intended action. Implementation of the
Administrator’s action shall take place no earlier than 60 days from the Contractor’s receipt of such notice.
37.7 Any successor to Western shall be subject to all the provisions and conditions of the contract
to the same extent as though such successor were an original signatory to the contract.
37.8 Nothing in this Provision shall preclude any right to judicial review available to the Contractor
under Federal law.
38. Choice of Law and Forum.
Federal law shall control the obligations and procedures established by this contract and the
performance and enforcement thereof. The forum for litigation arising from this contract shall exclusively be a
Federal court of the United States, unless the parties agree to pursue alternative dispute resolution.
39. Waivers.
Any waivers at any time by either party to the contract of its rights with respect to a default or any other
matter arising under or in connection with the contract shall not be deemed a waiver with respect to any subsequent
default or matter.
40. Notices.
Any notice, demand, or request specifically required by the contract or these Provisions to be in writing
shall be considered properly given when delivered in person or sent by postage prepaid registered or certified mail,
commercial delivery service, facsimile, electronic, prepaid telegram, or by other means with prior agreement of the
parties, to each party’s authorized representative at the principal offices of the party. The designation of the person
to be notified may be changed at any time by similar notice. Where facsimile or electronic means are utilized for
any communication covered by this Provision, the sending party shall keep a contemporaneous record of such
communications and shall verify receipt by the other party.
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41. Contingent Upon Appropriations and Authorization.
41.1 Where activities provided for in the contract extend beyond the current fiscal year, continued
expenditures by the United States are contingent upon Congress making the necessary appropriations required for
the continued performance of the United States’ obligations under the contract. In case such appropriation is not
made, the Contractor hereby releases the United States from its contractual obligations and from all liability due to
the failure of Congress to make such appropriation.
41.2 In order to receive and expend funds advanced from the Contractor necessary for the continued
performance of the obligations of the United States under the contract, additional authorization may be required. In
case such authorization is not received, the Contractor hereby releases the United States from those contractual
obligations and from all liability due to the lack of such authorization.
42.Covenant Against Contingent Fees.
The Contractor warrants that no person or selling agency has been employed or retained to solicit or
secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor
for the purpose of securing business. For breach or violation of this warranty, Western shall have the right to annul
the contract without liability or in its discretion to deduct from the contract price or consideration the full amount of
such commission, percentage, brokerage, or contingent fee.
43. Contract Work Hours and Safety Standards.
The contract, to the extent that it is of a character specified in Section 103 of the Contract Work Hours
and Safety Standards Act (Act), 40 U.S.C. § 3701, as amended or supplemented, is subject to the provisions of the
Act, 40 U.S.C. §§ 3701-3708, as amended or supplemented, and to regulations promulgated by the Secretary of
Labor pursuant to the Act.
44.Compliance with Federal Anti-Discrimination Laws.
44.1 The Contractor shall comply with all applicable Federal anti-discrimination laws. Compliance
with applicable Federal anti-discrimination laws is material to eligibility for and payment under this contract for
purposes of 31 U.S.C. 3729(b)(4).
44.2 By executing this agreement, the Contractor certifies that, to the best of its knowledge and
belief, it does not operate programs promoting diversity, equity, and inclusion that violate any applicable Federal
anti-discrimination laws. “Program promoting diversity, equity, and inclusion” means a program whose purpose is
to promote preferences based on race, color, religion, sex, or national origins, such as in training or hiring.
44.3 Indian Tribes and tribal organizations may apply Indian preference to the extent permitted by
Federal law.
45. Use of Convict Labor.
The Contractor agrees not to employ any person undergoing sentence of imprisonment in performing
the contract except as provided by 18 U.S.C. § 3622(c), as amended or supplemented, and Executive Order No.
11755, 39 Fed. Reg. 779 (1973), as amended or supplemented.
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Fort Collins PSA – Attachment B First Amendment to the Amended PSA
Page 1 of 3
Attachment B
Substation Cost and Maintenance Responsibility
And
Lease of 115kV Facilities
The following describes the cost and maintenance responsibilities for Fort Collins and Platte River
at the existing Harmony, Linden Tech, Richard Lake, Portner, and Drake Substations. This
description will also apply to any future substations that may be constructed by Fort Collins. If any
special arrangements are required for a new substation different from the understanding
described below, it will be documented in a separate letter agreement between the Fort Collins
and Platte River and attached hereto.
Fort Collins will furnish, own, and maintain at its expense the following items in each
substation owned by Fort Collins:
The substation site with sufficient space for both the Fort Collins and Platte River
equipment
Grading and surfacing within the fenced or walled area
Access right-of-way and roads
Perimeter substation fence or wall
Landscaping and maintenance of any grounds outside the fenced or walled area
The 230 or 115kV/13.8kV transformers, switchgear, feeder circuits, associated
foundations and oil containment structures, duct banks, conduits, and all cabling,
relays, and controls required to operate such equipment
The Fort Collins switchgear room in a common Fort Collins/Platte River
switchgear/control building or separate building, whichever is appropriate
A remote terminal unit (RTU), for use to transmit substation information to Fort Collins
The DC power supply system and associated equipment or ½ the cost of a DC system
shared with Platte River.
Substation site electric service (equipment, power and energy)
Substation yard lighting
Substation yard below grade grounding system
Platte River will furnish, own, and maintain at its expense the following items in each
substation owned by Fort Collins:
All transmission equipment required at the appropriate voltage class to deliver electric
capacity and energy to Fort Collins’ facilities including the transmission line transition
structures, breakers, switches, bus system, relays, meters and associated controls
All foundations required for the Platte River equipment listed above
The Platte River control room in a combined Fort Collins/Platte River
switchgear/control building, or the cost of a separate control building, whichever is
appropriate
Communication connections for Power System Operations use by both Fort Collins
and Platte River
A remote terminal unit (RTU), for use to transmit substation information to and Platte
River
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Fort Collins PSA – Attachment B First Amendment to the Amended PSA
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Weed control
Fort Collins and Platte River will share equally the cost of any substation security deemed by both
parties to be appropriate for the location of the substation.
Lease of 115kV Facilities:
Background: In the Transmission Facilities Agreement dated February 22, 1980, Fort
Collins leased multiple transmission and substation facilities to Platte River. With that
lease Platte River assumed responsibility for 115kV substation facilities at the Timberline
Park, Drake, Overland Trail, and Power Plant Substations and the 115kV transmission
lines from Poudre Tap to Power Plant, WAPA Line to Drake Substation, and the 115kV
line south of Timberline Park Substation to Drake Road. Since 1980 the Overland Trail
and Power Plant Substations and the Poudre Tap to Power Plant transmission line have
been decommissioned are no longer in service and the WAPA line connection along
Overland Trail is now connected at Dixon Creek Substation. Since 1980 new substations
have been added to the Fort Collins system whose names are Harmony, Linden Tech,
Richard Lake, and Fort Collins has added distribution facilities at Platte River’s Dixon
Creek Substation and Fort Collins’ Timberline Substation.
Continuation of Lease: Fort Collins agrees to continue the lease of the facilities (“Leased
Facilities”) on the following list to Platte River through the term of this Agreement or until
such facility is permanently removed from service or replaced. Platte River shall continue
to have the right to use the Leased Facility in whatever manner it shall determine to be
the most effective to meet its obligations under this Agreement and the local needs of Fort
Collins and to make whatever modifications, improvements, repairs and replacements it
shall determine to be necessary to provide reliable service. Platte River shall not permit
any lien or encumbrance to attach to the Leased Facility and shall deliver them up to Fort
Collins at the termination of this Agreement.
The following items comprise the Leased Facilities:
Land and Land Rights
All land, land rights, and easements on which the following facilities are located:
Dixon Creek Substation to Drake Substation 115kV transmission line.
Timberline Park-Drake 115kV transmission line.
Timberline Park Substation.
Fort Collins will continue to provide the access road to the Timberline Park Substation
as well as landscaping and maintenance of the grounds outside the substation fence.
The land and land rights leased at Timberline Park Substation are shown on Exhibit 1
attached hereto. The City of Fort Collins distribution facilities are located in the cross-
hatched area shown on the diagram.
Substation Equipment
115kV breakers, busses, switches, insulators, meters, relays, control panels, structural
steel, foundations, and miscellaneous 115kV support equipment at the following
substations, which have not been replaced since February 22, 1980:
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Fort Collins PSA – Attachment B First Amendment to the Amended PSA
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Timberline Park Substation
Drake Substation
Transmission Lines
All poles, conductors, and support equipment required for operation of the following
transmission lines:
Dixon Creek-Drake 115kV transmission line
Timberline Park-Drake 115kV transmission line
EXHIBIT A TO ORDINANCE NO. 156, 2025
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Item 10.
File Attachments for Item:
11. Second Reading of Ordinance No. 157, 2025, Amending Chapter 2, Article VII, Division
2 of the Code of the City of Fort Collins Relating to the Gift Acceptance Restrictions and
the Definitions Section of the City’s Ethics Rules.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, considers
amendments to the City’s ethics rules related to gift acceptance restrictions recommended by
the Ethics Review Board. Corresponding changes to the definitions section of the ethics rules
will also be considered.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jenny Lopez Filkins, Senior Deputy City Attorney
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 157, 2025, Amending Chapter 2, Article VII, Division 2 of the Code
of the City of Fort Collins Relating to the Gift Acceptance Restrictions and the Definitions Section
of the City’s Ethics Rules.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, considers amendments
to the City’s ethics rules related to gift acceptance restrictions recommended by the Ethics Review Board.
Corresponding changes to the definitions section of the ethics rules will also be considered.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Under “other business” at its January 21, 2025, City Council meeting, several members of the Council
asked the Ethics Review Board (ERB) to review the City’s requirements related to the acceptance of gifts,
gift disclosures, and financial disclosures and consider recommended changes. City Code Section 2-
576(b) prohibits officers (and employees) from accepting a gift or favor if it might be construed as
compensation for an official decision or would tend to impair independence of judgment in official duties.
Section 2-576(b) currently does not provide sufficient clarification for officers and employees.
At its April 7, 2025, meeting, the ERB reviewed the rules related to acceptance of gifts and determine
whether to make any recommended changes at its next meeting. At its May 5, 2025, meeting, the ERB
reviewed various gift restrictions of other Colorado municipalities of similar size, including those of the cities
of Arvada, Aurora, Boulder, Broomfield, Colorado Springs, Denver, Lafeyette, Lakewood, Littleton,
Loveland, and Westminster, among others. The ERB also considered related gift restrictions of the state
of Colorado.
During the May 5 meeting, the ERB discussed issues and questions that Councilmembers and City staff
frequently encounter in interpreting and applying the City’s current gift restrictions. The ERB also
considered a question of whether to add a specific value restriction and time period for acceptance of
unsolicited gifts. The ERB voted to recommend amendments that add a specific dollar limit by reference to
a state constitutional provision that currently sets the limit at $75 within a twelve-month period. With the
proposed amendments, this amount will adjust for inflation.
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Some gift restrictions remain in the draft amendments but are reworded or clarified, including:
Payment for speeches, debates or public appearances;
Gifts that are offered or received that could influence or be perceived to influence objectivity when
conducting City business;
Gifts from a donor who has a matter pending before City Council.
Some exceptions currently in the ethics rules remain in draft amendments but are reworded or clarified,
including:
Reported campaign contributions;
Non-pecuniary award publicly presented by nonprofit or governmental organization in recognition of
public service;
Payment for travel expenses to attend a conference or other similar event if attendance is on behalf of
the City, documented and the person is scheduled to deliver a speech, participate in a presentation,
participate on a panel, receive an award or they are wearing City name tag identifying them as a City
representative;
Employment compensation.
ERB expressed support for adding the following exceptions to the gift acceptance restrictions:
Any scholarship or grant or other financial aid for education given to any covered person or immediate
family member for any reason.
The cost of admission to any charity event attended on behalf of the City or any of its affiliated
organizations if the cost of admission is less than the dollar amount established in Colorado
Constitution, Article XXIX, Section 3.
Any gift solicitation for a charitable purpose as determined to be appropriate by the City or its affiliated
entities.
Any gift, whether solicited or not, given to and accepted on behalf of the City to benefit a public safety
or community purpose.
Awards or prizes given at competitions or drawings at events where no admission is charged and which
are open to the public.
Reasonable cost and frequency of City sponsored educational events, so long as the events are
reported on the disclosures required under City Code section 2-656.
Perishable or consumable gifts given to a City department or group if the gift is:
o Approved by the City Manager;
o Not donated by a City service provider or vendor;
o The receiving department is not responsible for regulating or otherwise transacting City business
with the donor.
Gifts accepted in an officer or employee’s official capacity that will become property of the City.
For Councilmembers and their relatives, reasonable cost and frequency of meals and event tickets
pertaining to their official duties as members of City Council so long as the gift is documented and is
not intended to affect, and does not affect, a direct official action.
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Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
A non-pecuniary award of reasonable value and frequency publicly presented by an entity affiliated
with or formed by the City or to which the City Council has appointed the Councilmember or the City
has appointed the employee and in recognition of their service as an officer or employee.
Discounts that are similarly available to all employees, or discounts that are offered to the public
generally or to a large segment of the public (i.e., all uniformed personnel, all government employees,
or all first responders).
Reasonable cost of travel on behalf of the City (e.g., fees, meals, lodging, and/or transportation) to
another City, whether in Colorado or out-of-state, to observe programs, projects or operations in that
City and/or of its City Council.
Any other exception approved in an ERB advisory opinion.
The ERB discussed adding the exception about allowing Councilmembers and their relatives reasonable
cost and frequency of meals and event tickets pertaining to their official duties as Councilmembers and
agreed that so long as the gift is documented and is not intended to affect, and does not affect a direct
official action, the exception should be included.
At its May 5 and July 7, 2025, meetings, the ERB also considered whether to make other substantive
changes to existing gift restrictions and did not recommend others for the Council’s consideration.
Clarifying amendments to Sec. 2-575 of the City Code, the definitions section of the ethics rules are also
proposed. The amendments define the terms “employee” and “officer” and distinguish between the roles.
The changes to the gift restrictions will go into effect on October 17, 2025.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Ethics Review Board recommends draft amendments to the gift restrictions for Council consideration.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/
1. Ordinance No. 157, 2025
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ORDINANCE NO. 157, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, ARTICLE VII, DIVISION 2 OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO THE
GIFT ACCEPTANCE RESTRICTIONS AND THE DEFINITIONS
SECTION OF THE CITY’S ETHICS RULES
A. Under “other business” at its January 21, 2025, City Council meeting,
several members of the City Council asked the Ethics Review Board (“ERB”) to review
the City’s restrictions on officers’ and employees’ acceptance of gifts, honoraria and
favors and consider whether they recommend changes to the restrictions.
B. Section 2-576(b) of the City Code prohibits officers (and employees) from
accepting a gift or favor if it might be construed as compensation for an official decision
or would tend to impair independence of judgment in official duties. Code Section 2-
576(b) currently does not provide sufficient clarification for officers and employees.
C. The ERB met on April 7, May 5, June 2 and July 7, 2025. On May 5, 2025,
the ERB focused its discussion on current gift restrictions, whether to add a specific value
restriction to the City Code, and whether to modify exceptions or restrictions to
acceptance of gifts.
D. At its May 5 meeting, the ERB also reviewed and considered gift restrictions
of other Colorado municipalities, the state of Colorado and some other states.
E. The ERB discussed questions and issues that Councilmembers and staff
frequently encounter when interpreting the City’s current gift restrictions.
F. The ERB recommends amendments that address frequently encountered
questions and issues and align with common gift restrictions of other Colorado
municipalities.
G. The ERB recommends an amendment to add a specific value restriction
and period for acceptance of unsolicited gifts.
H. The ERB recommends amendments to Code Section 2-576(b) that provide
more categories and examples of gifts that are permissible and that are prohibited.
I. Proposed amendments to Code Section 2-576(b) will decrease confusion
for officers and employees and should minimize the risk that an officer or employee will
inadvertently accept a prohibited gift.
J. Proposed amendments to Section 2-575 of the City Code amend and clarify
the definitions of “officers” and “employees” and distinguish between the two roles.
K. Proposed amendments to Code Section 2-576(b) will decrease confusion
for officers and employees and should minimize the risk that an officer or employee will
inadvertently accept a prohibited gift.
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In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 2-575 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-575. Ethical rules of conduct—Definitions.
The following words, terms and phrases, when used in this Division, and in Section
9 of the Charter Article IV, shall have the following meanings:
(a) Attempt to influence or influence, as it pertains to this Division, shall mean take
any action intended to impact, shape, control, sway, bias or prejudice.
(b) Benefit shall mean an advantage or gain.
(c) Board and commission member shall mean a member of any appointive board
or commission of the City.
(d) Confidential information or information received in confidence shall mean:
(1) Information contained in any writing that may properly be withheld from
public inspection under the provisions of the Colorado Open Record s Act
and that is marked "confidential" when provided to the officer or employee;
(2) All information exchanged or discussed in any executive session properly
convened under § 2-31 or 2-71 of the Code, except to the extent that such
information is also contained in a public record available to the general
public under the provisions of the Colorado Open Records Act; or
(3) All communications between attorneys representing the City and officers or
employees of the City that are subject to the attorney-client privilege,
whether oral or written, unless the privilege has been waived.
(e) Councilmember shall mean a member of the City Council.
(f) Different in kind from that experienced by the general public shall mean of a
different type or nature not shared by the public generally and that is not merely
different in degree from that experienced by the public generally.
(g) Direct shall mean resulting immediately and proximately from the circumstances
and not from an intervening cause.
(h) Detriment shall mean disadvantage, injury, damage or loss.
(i) Employee shall mean any person holding a position by employment in service
of the City, whether part-time or full-time.
(j) Financial interest shall have the meaning given to this term in Section 9(a) of
Charter Article IV, which states:
Financial interest means any interest equated with money or its equivalent.
Financial interest shall not include:
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(1) the interest that an officer, employee or relative has as an employee of a
business, or as a holder of an ownership interest in such business, in a
decision of any public body, when the decision financially benefits or
otherwise affects such business but entails no foreseeable, measurable
financial benefit to the officer, employee or relative;
(2) the interest that an officer, employee or relative has as a nonsalaried officer
or member of a nonprofit corporation or association or of an educational,
religious, charitable, fraternal or civic organization in the holdings of such
corporation, association or organization;
(3) the interest that an officer, employee or relative has as a recipient of public
services when such services are generally provided by the city on the same
terms and conditions to all similarly situated citizens, regardless of whether
such recipient is an officer, employee or relative;
(4) the interest that an officer, employee or relative has as a recipient of a
commercially reasonable loan made in the ordinary course of business by
a lending institution, in such lending institution;
(5) the interest that an officer, employee or relative has as a shareholder in a
mutual or common investment fund in the holdings of such fund unless the
shareholder actively participates in the management of such fund;
(6) the interest that an officer, employee or relative has as a policyholder in an
insurance company, a depositor in a duly established savings association
or bank, or a similar interest-holder, unless the discretionary act of such
person, as an officer or employee, could immediately, definitely and
measurably affect the value of such policy, deposit or similar interest;
(7) the interest that an officer, employee or relative has as an owner of
government-issued securities unless the discretionary act of such owner, as
an officer or employee, could immediately, definitely and measurably affect
the value of such securities; or
(8) the interest that an officer or employee has in the compensation received
from the city for personal services provided to the city as an officer or
employee.
(k) Officer shall mean any person holding a position by election, or appointment,
including any member of the City Council and any member of any authority,
board, committee or commission of the City, other than an authority that is:
(1) Established under the provisions of the Colorado Revised Statutes;
(2) Governed by state statutory rules of ethical conduct; and
(3) Expressly exempted from the provisions of Article IV of the City Charter by
ordinance of the City Council.
(l) Personal interest shall have the meaning given to this term in Section 9(a) of the
Charter Article IV, which states:
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Item 11.
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Personal interest means any interest (other than a financial interest) by reason
of which an officer or employee, or a relative of such officer or employee, would,
in the judgment of a reasonably prudent person, realize or exp erience some
direct and substantial benefit or detriment different in kind from that experienced
by the general public. Personal interest shall not include:
(1) the interest that an officer, employee or relative has as a member of a board,
commission, committee, or authority of another governmental entity or of a
nonprofit corporation or association or of an educational, religious,
charitable, fraternal, or civic organization;
(2) the interest that an officer, employee or relative has in the receipt of pu blic
services when such services are generally provided by the city on the same
terms and conditions to all similarly situated citizens; or
(3) the interest that an officer or employee has in the compensation, benefits,
or terms and conditions of his or her employment with the city.
(m) Public body shall have the meaning given to this term in Section 9(a) of Charter
Article IV, which states:
Public body means the Council or any authority, board, committee, commission,
service area, department or office of the city.
(n) Public services shall mean city services provided to or made available for the
public's benefit.
(o) Purchases from the city, as described in Section 9(b)(2) of Charter Article IV,
shall not include payments by an employee to the city pu rsuant to an agreement
for housing in which such employee is required to live as a condition of
employment with the city.
(p) Related entity shall mean any corporation, limited liability company, partnership,
sole proprietorship, joint venture, trust, estate, foundation, association, business,
company or any other organization, whether or not operated for profit, with
respect to which an officer or employee, or a relative of the same, has a
substantial ownership interest in, is employed by, is an agent for or otherwise
represents in any legal capacity.
(q) Relative shall have the meaning given to this word in Section 9(a) of Charter
Article IV, which states:
Relative means the spouse or minor child of the officer or employee, any person
claimed by the officer or employee as a dependent for income tax purposes, or
any person residing in and sharing with the officer or employee the expenses of
the household.
(r) Routine City matter shall mean a usual and ordinary registration, reservation, or
other request or application, within a program or for public services or City
approval, such as a registration for a recreation class, reservation of a park
shelter, request for standard utility services or application for a building permit,
development approval or variance, or an appeal, provided that the same is
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carried out using a routine process or system or in a manner consistent with
standard practices.
(s) Similarly situated citizens shall mean citizens in like circumstances having
comparable legal rights and obligations.
(t) Substantial shall mean more than nominal in value, degree, amount or extent.
Section 2. Section 2-576 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-576. Ethical rules of conduct—Officers and employees.
. . .
(b) Hospitality and Gifts: No officer, employee or relative shall solicit, accept, or give any
gift related to the officer, employee or relative’s duties and responsibilities on behalf
of the City. Except as expressly stated below, an officer, employee or relative must
not offer or receive accommodations, tours, event tickets, recreation, entertainment,
meals or other similar personal benefits when such gift could influence or be
perceived to influence objectivity when interacting with, representing, or conducting
business for or on behalf of the City.
(c) All officers and employees shall refrain from soliciting or accepting any gifts from a
donor who has a matter pending before or expected to come before City Council.
(d) All officers and employees shall refrain from accepting payment for any speeches,
debates or appearances at other public events.
(e) Exceptions: The following gifts are not prohibited under this section unless the gift
could reasonably be considered a bribe or a means of improper influence on a direct
official action:
(1) Campaign contributions as defined by law and reported as required by Chapter
7, Article V of this Code;
(2) Subject to the following conditions, an unsolicited item or items of value less than
the dollar amount established in Colorado Constitution, Article XXIX, Section 3,
from any third party in any twelve-month period ($75 as of January 1, 2025):
(a) The cost of the gift is the retail value of the item unless the receiver has
knowledge that the giver paid more than the retail value, in which case the cost
is the amount actually paid.
(b) For admission to a charity event, the cost of admission to the event is the
amount the event organizer reports to the Internal Revenue Service as the non -
deductible portion of the event.
(c) It is not permissible to accept a gift where an officer or employee has paid
part of its cost to reduce the value to less than the amount set forth in subsection
(e)(1).
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(d) Relatives of officers and employees, except those of Councilmembers, may
only accept a free or discounted event ticket if they attend the event with an
officer or employee. Event tickets for elected officials are covered under
subsection (e)(15) of this section.
(3) An unsolicited, nonpecuniary token or award of appreciation that is reasonable
in value and purpose, such as plaques and professional awards, publicly
presented by a nonprofit or governmental organization in recognition of public
service;
(4) A component of compensation paid or other recognition given in the normal
course of employment, appointment, volunteer services, or business, including
taxable employee benefits.
(5) Any scholarship or grant or other financial aid for education given to any covered
person or immediate family member for any reason.
(6) The cost of admission to any charity event attended on behalf of the City or any
of its affiliated organizations if the cost of admission is less than the dollar
amount established in Colorado Constitution, Article XXIX, Section 3.
(7) Any gift solicitation for a charitable purpose as determined to be appropriate by
the City or its affiliated entities.
(8) Any gift, whether solicited or not, given to and accepted on behalf of the City to
benefit a public safety or community purpose.
(9) Awards or prizes given at competitions or drawings at events where no
admission is charged and which are open to the public.
(10) For Councilmembers, the City Attorney and City Manager, reasonable cost (e.g.,
fees, meals, lodging, registration or admission, and/or transportation) and
attendance at conferences, seminars, events, or meetings, so long as the
conference, event, or meeting is attended on behalf of the City and is
documented, and the Councilmember, City Attorney or City Manager is
scheduled to deliver a speech, participate in a presentation, participate on a
panel, or receive an award, or they are wearing their City of Fort Collins name
tag identifying them as a City representative; and
(a) The cost of the conference, seminar, event, or meeti ng is paid pursuant
to a vendor agreement or contract; or
(b) The cost of the conference, seminar, event, or meeting is paid by a
governmental entity or an organization to which the City Council has
appointed the Councilmember, or an entity affiliated wit h or formed by the
City; or
(c) The officer has been asked by the City Manager’s Office to attend the
event on behalf of the City.
(11) Reasonable cost and frequency of City sponsored educational events, so long
as the events are reported on the disclosures required under City Code section
2-656, if required.
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Item 11.
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(12) For employees, reasonable cost (e.g., fees, meals, ticket to event, lodging,
registration or admission and transportation) of attendance at conferences,
seminars events or meetings attended on be half of the City and documented
and the employee is scheduled to deliver a speech, participate in a presentation,
participate on a panel or receive an award; and
(a) the cost of the conference, seminar, event or meeting is paid by a
governmental entity or an IRC 501(c)(3) organization or an entity affiliated with
or formed by the City; or
(b) the employee has been asked by City management to attend the event on
behalf of the City.
(13) Perishable or consumable gifts given to a City department or group if the gift is:
(a) approved by the City Manager;
(b) not donated by a City service provider or vendor; or
(c) the receiving department is not responsible for regulating or otherwise
transacting City business with the donor.
(14) Gifts accepted in an officer or employee’s official capacity that will become
property of the City.
(15) For Councilmembers and their relatives, reasonable cost and frequency of
meals and event tickets pertaining to their official duties as members of City
Council so long as the gift is documented and is not intended to affect, and does
not affect, a direct official action.
(16) A non-pecuniary award of reasonable value and frequency publicly presented
by an entity affiliated with or formed by the City or to which the City Council has
appointed the Councilmember or the City has appointed the employee and in
recognition of their service as an officer or employee.
(17) Discounts that are similarly available to all employees, or discounts that are
offered to the public generally or to a large segment of the public (i.e., all
uniformed personnel, all government employees, or all first responders).
(18) Reasonable cost of travel on behalf of the City (e.g., fees, meals, lodging, and/or
transportation) to another City, whether in Colorado or ou t-of-state, to observe
programs, projects or operations in that City and/or of its City Council.
(19) Any other exception approved in an advisory opinion of the Ethics Review Board.
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Item 11.
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Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Jenny Lopez Filkins
Exhibit: None
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Item 11.
File Attachments for Item:
12. Second Reading of Ordinance No. 158, 2025, Amending Chapter 2, Article VIII,
Division 2 of the Code of the City of Fort Collins Relating to Financial Disclosure
Requirements.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, considers
amendments to the City’s ethics rules related to financial disclosure requirements
recommended by the Ethics Review Board.
Page 222
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jenny Lopez Filkins, Senior Deputy City Attorney
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 158, 2025, Amending Chapter 2, Article VIII, Division 2 of the
Code of the City of Fort Collins Relating to Financial Disclosure Requirements.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, considers amendments
to the City’s ethics rules related to financial disclosure requirements recommended by the Ethics Review
Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Under “other business” at its January 21, 2025, Council asked the Ethics Review Board (ERB) to review
the City’s financial disclosure requirements. On June 2, 2025, the ERB discussed the City’s current financial
disclosure requirements and consider whether to recommend amendments to the Council.
City Code Section 2-636 requires any person who is a Council candidate to file with the City Clerk a written
financial disclosure statement at the time of filing their acceptance of nomination with the City Clerk. City
Code Section 2-636 also requires each Councilmember to file a financial disclosure, no later than January
10 after their election re-election, retention, or appointment, the same written financial disclosure. Similarly,
the City Manager and City Attorney are required to file such written financial disclosure within 30 days of
their appointment and each year by January 10.
City Code Section 2-637 lists the financial interests that must be disclosed.
City Code Section 2-638 requires a person subject to the disclosure obligations to, after their election, re-
election, appointment or retention in office, file an amended statement with the City Clerk or notify the Clerk
in writing that there has been no change in the information shown on the last previous disclosure statement.
The statement must be filed on or before May 15 of each calendar year after the year in which their election,
re-election, appointment or retention in office occurs.
City Code Section 2-640 permits a person subject to the disclosure obligations to file a federal tax return
in lieu of complying with the financial disclosure requirements.
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Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
At its June 2, 2025, meeting, the ERB discussed the City’s current financial disclosure requirements and
those of other Colorado municipalities and Colorado’s statutory requirements. The ERB expressed support
for:
maintaining the current list of items to be disclosed;
not adding other disclosure requirements;
excluding compensation from the City from the obligation to report sources of income;
limiting the requirement to disclose real estate owned to property within the City’s growth management
area;
limiting the requirement to disclose direct or indirect investment or interest in any business to
businesses located or doing business within the growth management area;
limiting the requirement to disclose a list of businesses with which the person making disclosure or
such person’s spouse to businesses that are located or doing business within the growth management
area;
adjusting the threshold amounts identified in Sec. 2-637 from $10,000 to $25,000;
adjusting amounts stated in these requirements for inflation based on the applicable consumer price
index; and
removing the provision that permits the filing of a federal tax return in lieu of financial disclosures.
The ERB approved amendments to Sec. 2-636 to improve ease of readability and require those serving in
the City Manager and City Attorney positions, even on an interim basis, to file a disclosure statement.
The ERB approved the repeal of Sec. 2-640 and renumbering the current Sec. 2-641 to Sec. 2-640.
City Council candidates who are on the November 4, 2025, ballot filed financial disclosure statements
based on the existing financial disclosure requirements. The Ordinance includes a Section that delays the
effective date of the changes to the financial disclosure requirements in Sec. 2-637 to January 1, 2026, so
that it will apply to the financial disclosures that are completed in January.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Ethics Review Board recommended the draft amendments to the financial reporting requirements for
Council consideration.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/
1. Ordinance No. 158, 2025
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Item 12.
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ORDINANCE NO. 158, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, ARTICLE VIII, DIVISION 2 OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO
FINANCIAL DISCLOSURE REQUIREMENTS
A. Under “other business” at its January 21, 2025, City Council meeting,
several members of the City Council asked the Ethics Review Board (“ERB”) to review
the City’s ethics rules related to financial disclosure requirements. These requirements
apply to Councilmember candidates, elected Councilmembers and two appointed
employees, the City Manager and the City Attorney.
B. The ERB met on April 7, May 5, June 2 and July 7, 2025. On June 2, 2025,
the ERB discussed the City’s current financial disclosure requirements and whether to
recommend changes to the requirements.
C. Section 2-636 of the City Code requires the City Manager, the City Attorney,
and each City Councilmember who is elected, re-elected, appointed or retained in office,
to file a written financial disclosure that conforms to the requirements of Section 2-637 of
the City Code by January 10 of each year. It also requires any candidate for the office of
City Councilmember to, at the time of acceptance of their nomination by the City Clerk,
file a written financial disclosure statement.
D. Section 2-637 of the City Code provides the categories of financial interests
that must be disclosed.
E. Section 2-638 of the City Code requires any person subject to the disclosure
obligations to, after their election, re-election, appointment or retention in office, file an
amended statement with the City Clerk or notify the Clerk in writing that there has been
no change in the information shown on the last previous disclosure statement. The
statement must be filed on or before May 15 of each calendar year after the year in whic h
their election, re-election, appointment or retention in office occurs.
F. Section 2-639 of the City Code requires the City Clerk to give written notice
to each person required to file a disclosure at least 30 days prior to the deadline.
G. Section 2-641 of the City Code permits the filing of a federal income tax
return in lieu of filing financial disclosures.
H. During its June 2, 2025, meeting, the ERB reviewed and considered the
financial disclosure requirements of other Colorado home rule municipalities, inclu ding
Arvada, Aurora, Colorado Springs, Denver, Louisville and Loveland. The state of
Colorado disclosure requirements were also considered. Staff noted that many Colorado
municipalities’ financial disclosure requirements are identical to the City’s or there are no
such requirements.
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Item 12.
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I. The ERB agreed to recommend that an interim City Manager and interim
City Attorney must also file financial disclosures. The change is implemented through an
amendment to Code Section 2-636.
J. In its current form, Code Section 2-637 requires that a person subject to the
rule report the legal description of any real property interest owned by the person making
the disclosure or such person’s spouse. It also requires a report of any financial interest
in any business entity if valued at greater than ten thousand dollars. Another subsection
of Code Section 2-637 requires the person subject to disclosure obligations to provide a
list of businesses with which the person or their spouse is associated that do business
with or are regulated by the City and the nature of such business or regulation. The ERB
agreed to recommend that, for each of these requirements, only those properties or
interests geographically located within the Growth Management Area should be included
because only those within the Growth Management Area are affected by City Council
decisions. These changes are implemented through amendments to Code Section 2-637.
K. A person subject to existing disclosure requirements must report a financial
interest with a value more than ten thousand dollars. This provision was made effective
in 1972. Today’s equivalent to ten thousand dollars in 1972 is approximately seventy -
seven thousand dollars. A person subject to existing disclosure requirements must also
report the name of each creditor to whom the person owes more than ten thousand
dollars. The ERB agreed to recommend that the dollar amount shift to twenty-five
thousand dollars.
L. The ERB also recommends an amendment to Code Section 2-637 that
adjusts the dollar amounts included in the financial disclosure requirements based on the
percentage change over a one-year period in accordance with the applicable Consumer
Price Index.
M. The proposed amendment to Code Section 2-639 removes the language
that the City Clerk “shall” provide written notice to each person required to file a disclosure
at least 30 days prior to the deadline and replaces it with “will”.
N. The ERB also recommends eliminating the provision in Code Section 2-640
that permits a person subject to existing disclosure requirements to file a federal tax return
in lieu of complying with the provisions of §§ 2-636, 2-637 and 2-638.
O. The proposed amendments to City of Fort Collins Charter Chapter 2, Article
VIII, Division 2 will allow Councilmembers, the City Manager, and the City Attorney to
know which financial interests must be reported which will in turn offer more transparency
for the public.
P. The City Council wishes to amend Code Sections 2-636 through 2-641 to
provide clarity around the categories of financial interests that must be disclosed.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Item 12.
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Section 1. Section 2-636 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-636. Financial disclosure required.
(a) Any candidate for the office of City Councilmember shall, at the time of filing their
acceptance of nomination with the City Clerk, file with the City Clerk a written
disclosure statement that conforms to the requirements of § 2 -637.
(b) Each member of the City Council who is elected, re-elected, appointed or retained in
office shall also file such a written disclosure statement with the City Clerk not later
than January 10 next after their election, re-election or appointment, and then each
subsequent year in office no later than January 10.
(c) If an elected, re-elected, appointed or retained person’s reportable finances subject
to these requirements changes in the intervening time between the date the
disclosure statement is filed and January 10, they must update the disclosure
statement by January 10.
(d) The City Manager and City Attorney, including those appointed on an interim basis,
must also file a written disclosure statement with the City Clerk no later than thirty
(30) days after their appointment, and then each subsequent year in office no later
than January 10.
Section 2. Section 2-637 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-637. Requirements.
(a) Financial disclosure shall include:
(1) Excluding compensation from the City, the source or sources of any income,
including capital gains whether or not taxable of the person making disclosure
and such person's spouse;
(2) Any direct or indirect investment or interest, including stock investment, in any
business located or doing business within the growth management area with a
value in excess of twenty-five thousand dollars ($25,000);
(3) The legal description of any interest in real property located within the growth
management area owned by the person making disclosure or such person's
spouse;
(4) The identity by name of all offices and directorships held by the person making
disclosure and such person's spouse;
(5) The name of each creditor to whom the person making disclosure or such
person's spouse owes money in excess of twenty-five thousand dollars
($25,000);
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Item 12.
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(6) A list of businesses located or doing business within the growth management
area with which the person making disclosure or such person's spouse are
associated that do business with or are regulated by the City and the nature of
such business or regulation;
(7) Such additional information as the person making disclosure might desire.
(b) Effective each January beginning in 2027, for all subsequent disclosures, the
amounts identified in subsection (a)(2) and (5) will be adjusted based upon the
percentage change over a one-year period in the United States Bureau of Labor
Statistics Consumer Price Index for Denver-Aurora-Lakewood, all urban consumers,
or its successor index, rounded to the nearest thousand dollars ($1,000).
Section 3. Section 2-639 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-639. Notice.
To assist with compliance, but not as a condition of the obligation to comply with the
disclosure requirements, the City Clerk will give written notice to each person required to
make disclosure at least thirty (30) days before such disclosure is required to be filed.
Section 4. Section 2-640 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Section 5. Section 2-642 of the Code of the City of Fort Collins is renumbered
to Section 2-641 as follows:
Sec. 2-641. Penalty.
Any person who willfully files a false or incomplete disclosure statement, amendment or
notice that no amendment is required or who willfully files a false or incomplete copy of
any federal income tax return or a false or incomplete certified statement of investments
or who willfully fails to make any filing required by this Division shall be guilty of a violation
of the Code punishable as a misdemeanor, and shall upon conviction be punished by a
fine not to exceed the limits established in § 1-15.
Section 6. The changes to Section 2-637 of the Code of the City of Fort Collins
shall go into effect January 1, 2026.
Page 228
Item 12.
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Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Jenny Lopez Filkins
Exhibit: None
Page 229
Item 12.
File Attachments for Item:
13. Second Reading of Ordinance No. 159, 2025, Amending Chapter 2, Article VIII,
Division 3 of the Code of the City of Fort Collins Relating to Gift Reporting Requirements
of the City’s Financial Disclosure Rules.
This Ordinance, unanimously adopted on First Reading on September 16, 2025, considers
amendments to the City’s ethics rules related to gift reporting requirements recommended by
the Ethics Review Board.
Page 230
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jenny Lopez Filkins, Senior Deputy City Attorney
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 159, 2025, Amending Chapter 2, Article VIII, Division 3 of the
Code of the City of Fort Collins Relating to Gift Reporting Requirements of the City’s Financial
Disclosure Rules.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 16, 2025, considers amendments
to the City’s ethics rules related to gift reporting requirements recommended by the Ethics Review Board.
STAFF RECOMMENDATION
Staff recommend the adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Under “other business” at its January 21, 2025, Council meeting, several members of the Council asked
the Ethics Review Board (ERB) to review the City’s requirements related to the acceptance of gifts, gift
reporting, and financial disclosures and consider recommended changes. City Code Section 2-656
requires Councilmembers who receive gifts, honoraria or other benefits in connection with the
Councilmember’s public service to file a quarterly report consistent with state law. Section 2-656 currently
does not provide sufficient clarification for officers and employees.
At its April 7, 2025, meeting, the ERB reviewed the rules related gift reporting requirements to determine
whether to make any recommended changes at an upcoming meeting. At its June 2, 2025, meeting, the
ERB reviewed gift reporting requirements for several other Colorado home rule municipalities of similar
size, including those of the cities of Aurora, Boulder, Broomfield, Colorado Springs, and Denver. The ERB
also considered related gift reporting requirements of the state of Colorado. Several other Colorado
municipalities’ gift reporting requirements are identical to the City’s or are silent on the topic.
During the June 2 meeting, the ERB discussed issues and questions that Councilmembers and City staff
frequently encounter in interpreting and applying the City’s current gift reporting obligations. The ERB
reviewed the gift reporting amendments they supported during their May 5, 2025, meeting and whether
those changes would influence changes to the current gift reporting requirements. The ERB expressed
support for adding specific gift reporting obligations to the Municipal Code, like a few other large Colorado
home rule municipalities.
Page 231
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The ERB discussed the option to exclude reporting gifts and benefits that are given or paid by the City, an
entity affiliated with or formed by the City or an organization to which the Council has appointed the
Councilmember. The ERB recommends excluding such gifts and benefits from the gift reporting
requirements.
ERB supports adding the following specific gift reporting obligations to the City Code:
Any unsolicited item or items accepted pursuant to Code §2-576(e)(2), if valued at more than
twenty-five dollars ($25); and
Costs of conferences, seminars, events or meetings (e.g., fees, meals, lodging, and/or
transportation) and as described in Code §2-576(e)(10); and
Cost of City-sponsored educational events as described in Code §2-576(e)(11) if the value is
above the dollar amount established in Colorado Constitution, Article XXIX, Section 3 (currently
$75).
Costs of meals and event tickets given to Councilmembers and their relatives pertaining to their
official duties as Councilmembers and as described in §2-576(e)(15) if the value is above the
dollar amount established in Colorado Constitution, Article XXIX, Section 3 (currently $75).
At its July 7, 2025, meeting, the ERB considered draft gift reporting Code amendments, provided input and
approved a motion to recommend the changes reflected in the ordinance.
Gift reports must be filed on a quarterly basis. The amendments to the gift reporting requirements included
in the ordinance will go into effect for reports due after January 1, 2026. If a Councilmember files a report
earlier than the due date, the Councilmember must update their report if they accept any gifts that must be
reported in the intervening period.
The amendments contemplated by the attached Ordinance depend on approval of the changes to the gift
restrictions addressed by a separate Ordinance No. 157, 2025. If the gift restrictions changes are not
approved or are delayed, the amendments to the gift reporting requirements will need to be revisited.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Ethics Review Board recommends draft amendments to the gift reporting requirements for Council
consideration.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in September 16, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/
1. Ordinance No. 159, 2025
Page 232
Item 13.
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ORDINANCE NO. 159, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, ARTICLE VIII, DIVISION 3 OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO GIFT
REPORTING REQUIREMENTS OF THE CITY’S FINANCIAL
DISCLOSURE RULES
A. Under “other business” at its January 21, 2025, City Council meeting,
several members of the City Council asked the Ethics Review Board (“ERB”) to review
the City’s gift reporting requirements and consider whether they recommend changes to
the reporting requirements.
B. Section 2-656 of the City Code requires every Councilmember who receives
any gift, honoraria or other benefit in connection with the Councilmember’s public service
to file a report on or before January 15, April 15, July 15, and October 15 of each year as
required by Colorado Revised Statutes Section 24-6-203.
C. The ERB met on April 7, May 5, June 2 and July 7, 2025. On June 2, 2025,
the ERB focused its discussion on current gift reporting requirements and whether to
recommend changes to the requirements.
D. At its June meeting, the ERB reviewed and considered the state of Colorado
gift reporting requirements. The ERB also reviewed and considered gift reporting
requirements of other large, Colorado home rule cities, including Aurora, Denver,
Colorado Springs, Boulder and Broomfield. The ERB learned that many other Colorado
municipalities have gift reporting requirements identical to the City of Fort Collins or their
municipal codes are silent on the topic.
E. At its June meeting, the ERB reviewed the gift reporting amendments
considered at its May meeting and whether those changes would influence changes to
the gift reporting requirements. The City’s current gift reporting requirements do not
specify what types of gifts must be reported. The ERB expressed support for adding
specific gift reporting obligations to the Municipal Code, like a few other large home rule
cities.
F. The ERB discussed the option to exclude reporting gifts and benefits that
are given or paid by the City, an entity affiliated with or formed by the City or an
organization to which the City Council has appointed the Councilmember. The ERB
recommends excluding such gifts and benefits from the gift reporting requirements.
G. At its June meeting, the ERB also considered whether to require elected or
appointed officials to file gift reports more or less frequently than the current quarterly
basis. The ERB agreed not to recommend changes to the frequency of report filing but
expressed support for adding an exception to the gift reporting requirement that allows a
Councilmember to notify the City Clerk in writing if they have no gift to report.
Page 233
Item 13.
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H. The ERB’s proposed amendments to Code Section 2-656 provide clarity
about dollar amount thresholds and gifts that must be reported. This will provide more
certainty for those subject to the reporting requirements and more transparency for the
public.
I. The City Council wishes to amend Code Section 2-656 gift reporting
requirements to provide clarity and transparency about gifts received by
Councilmembers.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 2-656 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-656. Report required.
(a) Every Councilmember shall file, on or before January 15, April 15, July 15 and
October 15 of each year, a report covering the period since the last report about
receipt of gifts and other benefits. If a Councilmember files a report earlier than the
due date, the Councilmember must update their report if they accept any gifts that
must be reported in the intervening period.
(b) Gifts and benefits that meet the criteria below and that were given or paid by the
City, an entity affiliated with or formed by the City or an organization to which the
City Council has appointed the Councilmember are excluded from these reporting
requirements.
(c) Reports of the following gifts and benefits must be provided:
(1) Any unsolicited item or items accepted pursuant to Code §2 -576(e)(2), if
valued at more than twenty-five dollars ($25); and
(2) Costs of conferences, seminars, events or meetings (e.g., fees, meals,
lodging, registration or admission, and/or transportation) and as described
in Code §2-576(e)(10); and
(3) Cost of City-sponsored educational events as described in Code §2-
576(e)(11) if the value is above the dollar amount established in Colorado
Constitution, Article XXIX, Section 3; and
(4) Costs of meals and event tickets given to Councilmembers and their
relatives pertaining to their official duties as Councilmembers and as
described in §2-576(e)(15) if the value is above the dollar amount
established in Colorado Constitution, Article XXIX, Section 3.
(d) If a Councilmember has not received a gift or benefit that is required to be reported
in the previous quarter, the Councilmember must notify the City Clerk in writing
they have no gift to report.
Page 234
Item 13.
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Section 2. The amendments to Section 2-656 shall go into effect for reports due
after January 1, 2026.
Introduced, considered favorably on first reading on September 16, 2025, and
approved on second reading for final passage on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 17, 2025
Approving Attorney: Jenny Lopez Filkins
Exhibit: None
Page 235
Item 13.
File Attachments for Item:
14. First Reading of Ordinance No. 160, 2025, Authorizing a Non-Exclusive Franchise by
the City of Fort Collins to Comcast of California/Colorado/Florida/Oregon, Inc. and its
Successors and Assigns for the Right to Make Reasonable Use of, and Erect, Construct,
Operate and Maintain Through, the Public Rights-of-Way, Easements and other Public
Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance
of a Cable System and the Provision of Cable Services to Residents Within the City.
The purpose of this item is to renew the Cable Franchise Agreement from the City of Fort
Collins to Comcast of California/Colorado/Florida/Oregon, Inc. LLC. The current agreement will
expire on October 31, 2025. With the assistance of outside legal counsel, staff has negotiated a
proposed 10-year agreement with Comcast.
Page 236
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Carson Hamlin, Cable Franchise Administrator
SUBJECT
First Reading of Ordinance No. 160, 2025, Authorizing a Non-Exclusive Franchise by the City of
Fort Collins to Comcast of California/Colorado/Florida/Oregon, Inc. and its Successors and
Assigns for the Right to Make Reasonable Use of, and Erect, Construct, Operate and Maintain
Through, the Public Rights-of-Way, Easements and other Public Property Any Equipment
Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision
of Cable Services to Residents Within the City.
EXECUTIVE SUMMARY
The purpose of this item is to renew the Cable Franchise Agreement from the City of Fort Collins to
Comcast of California/Colorado/Florida/Oregon, Inc. LLC. The current agreement will expire on October
31, 2025. With the assistance of outside legal counsel, staff has negotiated a proposed 10-year agreement
with Comcast.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The current cable franchise agreement (the “Current Agreement”) has been in effect since 2015 and
expires October 31, 2025. Staff has been in negotiations with Comcast representatives to enter into a new
cable franchise agreement (the “New Agreement”).
Key elements of the New Agreement are as follows:
The New Agreement is for 10 years. It will take effect November 1, 2025, and end October 31, 2035.
The New Agreement requires Comcast to provide a cable system providing the greater of (100)
channels or the maximum number of channels of digital video programming services to Subscribers
that Grantee provides to any other jurisdiction in Colorado, provided that Comcast reserves the right to
seek modification of this obligation based on changes in consumer behavior, programming availability,
or response to competition and the City cannot unreasonably deny such a request. The Current
Agreement requires Comcast to provide a cable system with not less than 110 channels.
Consistent with the Current Agreement, the New Agreement requires Comcast to pay the City five
percent (5%) of Comcast’s gross revenues.
Page 237
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The New Agreement provides a new calculation for Public, Educational and Governmental (PEG)
access fees. Under the New Agreement, Comcast is required to pay 0.725 of one percent (0.00725%)
of Comcast’s Gross Revenues per month to be used for capital costs related to PEG Access. Under
the Current Agreement, Comcast is required to pay the City $.075 per residential subscribed to support
PEG access.
Both the Current Agreement and the New Agreement provide the City with the ability to audit Franchise
Fee payments, however, where the Current Agreement limited the possible reimbursement of audit
costs to the City to $15,000, The New Agreement allows possible reimbursements up to $10,000 per
year of the audit period. Additionally, the New Agreement provides assurances that audit documents
will be provided electronically or at the closest physical Comcast office location.
CITY FINANCIAL IMPACTS
At present, PEG access fees continue to experience a 17% annual decrease. The City is currently
receiving 50% less in PEG fees compared to 6 years ago. This will continue to decline at the rate of
customers switching from traditional cable to streaming media, which is increasing at the highest rate in
recent years.
With this change in how PEG funds are collected, revenues will increase and somewhat stabilize to
previous levels, putting less pressure on the City to assist with PEG capital needs and less resources to
PSD, CSU, and FCPAN.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 160, 2025
Page 238
Item 14.
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ORDINANCE NO. 160, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A NON-EXCLUSIVE FRANCHISE BY THE CITY OF FORT COLLINS
TO COMCAST OF CALIFORNIA/COLORADO/FLORIDA/OREGON, INC. AND ITS
SUCCESSORS AND ASSIGNS FOR THE RIGHT TO MAKE REASONABLE USE OF,
AND ERECT, CONSTRUCT, OPERATE AND MAINTAIN THROUGH, THE PUBLIC
RIGHTS-OF-WAY, EASEMENTS AND OTHER PUBLIC PROPERTY ANY
EQUIPMENT NECESSARY AND APPURTENANT TO THE OPERATION AND
MAINTENANCE OF A CABLE SYSTEM AND THE PROVISION OF CABLE SERVICES
TO RESIDENTS WITHIN THE CITY
A. Comcast of California/Colorado/Florida/Oregon, Inc. (“Comcast”) currently
holds a cable television franchise (the “Franchise”) with the City granted by Ordinance
No. 067, 2015, on July 7, 2015.
B. The Franchise was scheduled to expire by its terms on July 31, 2025.
C. The Franchise was extended by Ordinance No. 116, 2025, and is now set
to expire October 31, 2025.
D. Comcast and the City have been negotiating a new cable franchise
agreement (the “Franchise Agreement”). The Franchise Agreement is attached hereto as
Exhibit A.
E. The Franchise Agreement includes the following major terms and
conditions:
(1) a term of ten years, from November 1, 2025 through October 31, 2035 ;
(2) a requirement that Comcast pay the City a franchise fee of five percent
of the gross revenues that Comcast receives from the operation of its
cable system in the City;
(3) revised public, educational, and governmental (“PEG”) funding for public
access channels compared to the Franchise; and
(4) provision of three High Definition channels and four Standard Definition
channels for PEG use.
F. Section 1 of Article XI of the City Charter and Section 6-3 of the City Code
set forth notice and hearing requirements that must be satisfied prior to the City granting
a cable television franchise. Such notice requirements have been met prior to first reading
of this Ordinance.
G. Section 6-12 of the City Code provides for a performance bond or letter of
credit requirement, unless the City Council waives or reduces such requirement for a
Page 239
Item 14.
-2-
franchisee that has faithfully performed its obligations to the City to operate a cable
franchise for more than five (5) years.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The notice and hearing requirements of Section 1 of Article XI of the
City Charter and Section 6-3 of the City Code relating to the granting of a cable television
franchise have been satisfied as of the completion of first reading of this Ordinance for
the Comcast Franchise Agreement.
Section 2. The grant of a cable television franchise to Comcast in accordance
with the terms and conditions of the Franchise Agreement is in the best interest s of the
City and its residents and will meet the future cable related needs of the community.
Section 3. The Comcast has faithfully operated a cable franchise in the City for
more than five years consistent with the requirements of the cable franchise and
accordingly the City Council reduces the performance bond or letter of credit requirement
in Section 6-12 of the City Code to the letter of credit requirement contained in section
5.4 of the Franchise Agreement.
Section 4. The Mayor is hereby authorized to execute the Franchise Agreement
with Comcast in substantially the form attached as Exhibit A with such modifications or
additional terms and conditions as the City Manager, in consultation with the City
Attorney, determines are necessary or appropriate to protect the interests of the City or
effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading on October 7, 2025, and
approved on second reading for final passage on October 21, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 31, 2025
Approving Attorney: Ted Hewitt
Exhibit: Exhibit A - Franchise Agreement
Page 240
Item 14.
COMCAST OF CALIFORNIA/COLORADO/FLORIDA/OREGON, INC. AND
THE CITY OF FORT COLLINS, COLORADO
____________________________________________
CABLE FRANCHISE AGREEMENT
TABLE OF CONTENTS
SECTION 1. DEFINITIONS AND EXHIBITS .........................................................................1
(A)DEFINITIONS .............................................................................................................................................. 1
(B) EXHIBITS ..................................................................................................................................................... 7
SECTION 2. GRANT OF FRANCHISE ....................................................................................7
2.1 Grant .............................................................................................................................................................. 7
2.2 Use of Rights-of-Way .................................................................................................................................... 8
2.3 Effective Date and Term of Franchise ......................................................................................................... 9
2.4 Franchise Nonexclusive ................................................................................................................................. 9
2.5 Police Powers ................................................................................................................................................. 9
2.6 Competitive Equity ....................................................................................................................................... 9
2.7 Familiarity with Franchise ......................................................................................................................... 11
2.8 Effect of Acceptance .................................................................................................................................... 11
SECTION 3. FRANCHISE FEE PAYMENT AND FINANCIAL CONTROLS .................11
3.1 Franchise Fee ............................................................................................................................................... 11
3.2 Payments ...................................................................................................................................................... 11
3.3 Acceptance of Payment and Recomputation ............................................................................................. 12
3.4 Quarterly Franchise Fee Reports ............................................................................................................... 12
3.5 Annual Franchise Fee Reports ................................................................................................................... 12
3.6 Audits ........................................................................................................................................................... 12
3.7 Late Payments ............................................................................................................................................. 13
3.8 Underpayments............................................................................................................................................ 13
3.9 Alternative Compensation .......................................................................................................................... 13
3.10 Maximum Legal Compensation ................................................................................................................. 13
3.11 Additional Commitments Not Franchise Fee Payments .......................................................................... 13
3.12 Tax Liability................................................................................................................................................. 15
3.13 Financial Records ........................................................................................................................................ 15
3.14 Payment on Termination ............................................................................................................................ 16
SECTION 4. ADMINISTRATION AND REGULATION .....................................................16
4.1 Authority ...................................................................................................................................................... 16
4.2 Rates and Charges ....................................................................................................................................... 16
4.3 Rate Discrimination .................................................................................................................................... 16
4.4 Filing of Rates and Charges ....................................................................................................................... 17
4.5 Cross Subsidization ..................................................................................................................................... 17
4.6 Reserved Authority ..................................................................................................................................... 17
4.7 Franchise Amendment Procedure ............................................................................................................. 17
EXHIBIT A TO ORDINANCE NO. 160, 2025
Page 241
Item 14.
4.8 Late Fees ...................................................................................................................................................... 18
4.9 Force Majeure ............................................................................................................................................. 18
SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS.....................................18
5.1 Indemnification............................................................................................................................................ 18
5.2 Insurance ...................................................................................................................................................... 20
5.3 Deductibles / Certificate of Insurance ....................................................................................................... 20
5.4 Letter of Credit ............................................................................................................................................ 21
SECTION 6. CUSTOMER SERVICE ......................................................................................22
6.1 Customer Service Standards ...................................................................................................................... 22
6.2 Subscriber Privacy ...................................................................................................................................... 23
6.3 Subscriber Contracts .................................................................................................................................. 23
6.4 Advance Notice to City................................................................................................................................ 23
6.5 Identification of Local Franchise Authority on Subscriber Bills ............................................................ 23
SECTION 7. REPORTS AND RECORDS ..............................................................................23
7.1 Open Records............................................................................................................................................... 23
7.2 Confidentiality ............................................................................................................................................. 24
7.3 Records Required ........................................................................................................................................ 24
7.4 Annual Reports ............................................................................................................................................ 25
7.5 Copies of Federal and State Reports.......................................................................................................... 25
7.6 Complaint File and Reports ....................................................................................................................... 25
7.7 Failure to Report ......................................................................................................................................... 26
7.8 False Statements .......................................................................................................................................... 26
SECTION 8. PROGRAMMING ...............................................................................................26
8.1 Broad Programming Categories ................................................................................................................ 26
8.2 Deletion or Reduction of Broad Programming Categories ...................................................................... 27
8.3 Obscenity ...................................................................................................................................................... 27
8.4 Parental Control Device .............................................................................................................................. 27
8.5 Continuity of Service Mandatory ............................................................................................................... 28
8.6 Services for People With Disabilities ......................................................................................................... 28
SECTION 9. ACCESS ................................................................................................................28
9.1 Designated Access Providers ...................................................................................................................... 28
9.2 Channel Capacity and Use .......................................................................................................................... 29
9.3 Access Channel Assignments ...................................................................................................................... 32
9.4 Relocation of Access Channels ................................................................................................................... 32
9.5 Support for Access Costs ............................................................................................................................ 32
9.6 Access Support Not Franchise Fees ........................................................................................................... 33
9.7 Access Channels On Lowest Priced HD Service Tier ............................................................................... 33
9.8 Change In Technology ................................................................................................................................ 33
9.9 Technical Quality ........................................................................................................................................ 33
9.10 Access Cooperation ..................................................................................................................................... 34
9.11 Return Lines/Access Origination ............................................................................................................... 34
EXHIBIT A TO ORDINANCE NO. 160, 2025
Page 242
Item 14.
SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION .....................35
10.1 Right to Construct ....................................................................................................................................... 35
10.2 Right-of-Way Meetings ............................................................................................................................... 35
10.3 Joint Trenching/Boring Meetings .............................................................................................................. 35
10.4 General Standard ........................................................................................................................................ 35
10.5 Permits Required for Construction ........................................................................................................... 35
10.6 Emergency Permits ..................................................................................................................................... 35
10.7 Compliance with Applicable Codes ........................................................................................................... 36
10.8 GIS Mapping ............................................................................................................................................... 36
10.9 Minimal Interference .................................................................................................................................. 36
10.10 Prevent Injury/Safety .................................................................................................................................. 37
10.11 Hazardous Substances ................................................................................................................................ 37
10.12 Locates .......................................................................................................................................................... 37
10.13 Notice to Private Property Owners ............................................................................................................ 38
10.14 Underground Construction and Use of Poles ............................................................................................ 38
10.15 Undergrounding of Multiple Dwelling Unit Drops ................................................................................... 39
10.16 Burial Standards ......................................................................................................................................... 39
10.17 Cable Drop Bonding .................................................................................................................................... 40
10.18 Prewiring ...................................................................................................................................................... 40
10.19 Repair and Restoration of Property .......................................................................................................... 40
10.20 Acquisition of Facilities ............................................................................................................................... 41
10.21 Discontinuing Use/Abandonment of Cable System Facilities .................................................................. 41
10.22 Movement of Cable System Facilities For City Purposes ........................................................................ 41
10.23 Movement of Cable System Facilities for Other Franchise Holders ....................................................... 42
10.24 Temporary Changes for Other Permittees ............................................................................................... 42
10.25 Reservation of City Use of Right-of-Way .................................................................................................. 42
10.26 Tree Trimming ............................................................................................................................................ 42
10.27 Inspection of Construction and Facilities .................................................................................................. 43
10.28 Stop Work .................................................................................................................................................... 43
10.29 Work of Contractors and Subcontractors................................................................................................. 43
SECTION 11. CABLE SYSTEM, TECHNICAL STANDARDS AND TESTING ..............44
11.1 Subscriber Network .................................................................................................................................... 44
11.2 Technology Assessment ............................................................................................................................... 44
11.3 Standby Power ............................................................................................................................................. 45
11.4 Emergency Alert Capability ....................................................................................................................... 45
11.5 Technical Performance ............................................................................................................................... 45
11.6 Cable System Performance Testing ........................................................................................................... 45
11.7 Additional Tests ........................................................................................................................................... 46
SECTION 12. SERVICE AVAILABILITY .............................................................................46
SECTION 13. FRANCHISE VIOLATIONS ...........................................................................48
13.1 Procedure for Remedying Franchise Violations ....................................................................................... 48
13.2 Procedures in the Event of Termination or Revocation ........................................................................... 49
13.3 Purchase of Cable System ........................................................................................................................... 49
13.4 Receivership and Foreclosure .................................................................................................................... 50
13.5 No Monetary Recourse Against the City ................................................................................................... 50
13.6 Effect of Abandonment ............................................................................................................................... 51
13.7 What Constitutes Abandonment ................................................................................................................ 51
EXHIBIT A TO ORDINANCE NO. 160, 2025
Page 243
Item 14.
14.1 Renewal ........................................................................................................................................................ 51
14.2 Transfer of Ownership or Control ............................................................................................................. 52
SECTION 15. SEVERABILITY ...............................................................................................53
SECTION 16. MISCELLANEOUS PROVISIONS ................................................................53
16.1 Preferential or Discriminatory Practices Prohibited ............................................................................... 53
16.2 Notices .......................................................................................................................................................... 54
16.3 Descriptive Headings ................................................................................................................................... 54
16.4 Publication Costs to be Borne by Grantee ................................................................................................ 55
16.5 Binding Effect .............................................................................................................................................. 55
16.6 No Joint Venture ......................................................................................................................................... 55
16.7 Waiver .......................................................................................................................................................... 55
16.8 Reasonableness of Consent or Approval ................................................................................................... 55
16.9 Entire Agreement ........................................................................................................................................ 55
16.10 Jurisdiction .................................................................................................................................................. 55
EXHIBIT A: REPORT FORM ..................................................................................................57
EXHIBIT B: CUSTOMER SERVICE STANDARDS .............................................................58
EXHIBIT C: RETURN LINES ..................................................................................................76
EXHIBIT A TO ORDINANCE NO. 160, 2025
Page 244
Item 14.
COMCAST OF CALIFORNIA/COLORADO/FLORIDA/OREGON, INC., AND
CITY OF FORT COLLINS, COLORADO
CABLE FRANCHISE AGREEMENT
SECTION 1. DEFINITIONS AND EXHIBITS
(A) DEFINITIONS
For the purposes of this Franchise, the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural include the singular, and words in
the singular include the plural. Words not defined shall be given their common and ordinary
meaning. The word "shall" is always mandatory and not merely directory.
1.1 “Access” means the availability for noncommercial use by various agencies, institutions,
organizations, groups and individuals in the community, including the City and its designees of
the Cable System to acquire, create, receive, and distribute video Cable Services and other services
and signals as permitted under Applicable Law including without limitation:
(A) “Public Access” means Access where community-based, noncommercial
organizations, groups or individual members of the general public, on a nondiscriminatory
basis, are the primary users.
(B) “Educational Access” means Access where schools are the primary users having
editorial control over programming and services. For purposes of this definition, “school”
means any State-accredited educational institution, public or private, including, for
example, primary and secondary schools, colleges and universities.
(C) “Government Access” means Access where governmental institutions or their
designees are the primary users having editorial control over programming and services.
1.2 “Access Channel” means any Channel, or portion thereof, designated for Access purposes
or otherwise made available to facilitate or transmit Access programming or services.
1.3 “Activated” means the status of any capacity or part of the Cable System in which any
Cable Service requiring the use of that capacity or part is available without further installation of
system equipment, whether hardware or software.
1.4 “Affiliate,” when used in connection with Grantee, means any Person who owns or
controls, is owned or controlled by, or is under common ownership or control with, Grantee.
1.5 “Applicable Law” means any statute, ordinance, judicial decision, executive order or
regulation having the force and effect of law, that determines the legal standing of a case or issue.
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1.6 “Bad Debt” means amounts lawfully billed to a Subscriber and owed by the Subscriber for
Cable Service and accrued as revenues on the books of Grantee, but not collected after reasonable
efforts have been made by Grantee to collect the charges.
1.7 “Basic Service” is the level of programming service which includes, at a minimum, all
Broadcast Channels, all PEG SD Access Channels required in this Franchise, and any additional
Programming added by the Grantee, and is made available to all Cable Services Subscribers in the
Franchise Area.
1.8 “Broadcast Channel” means local commercial television stations, qualified low power
stations and qualified local noncommercial educational television stations, as referenced under 47
USC §§ 534 and 535.
1.9 “Broadcast Signal” means a television or radio signal transmitted over the air to a wide
geographic audience, and received by a Cable System by antenna, microwave, satellite dishes or
any other means.
1.10 “Cable Act” means the Title VI of the Communications Act of 1934, as amended.
1.11 “Cable Operator” means any Person or groups of Persons, including Grantee, who
provide(s) Cable Service over a Cable System and directly or through one or more affiliates owns
a significant interest in such Cable System or who otherwise control(s) or is (are) responsible for,
through any arrangement, the management and operation of such a Cable System.
1.12 “Cable Service” means the one-way transmission to Subscribers of video programming or
other programming service, and Subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service.
1.13 “Cable System” means any facility, including Grantee’s, consisting of a set of closed
transmissions paths and associated signal generation, reception, and control equipment that is
designed to provide Cable Service which includes video programming and which is provided to
multiple Subscribers within a community, but such term does not include: (A) a facility that serves
only to retransmit the television signals of one or more television broadcast stations; (B) a facility
that serves Subscribers without using any Right-of-Way; (C) a facility of a common carrier which
is subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47
U.S.C. §§ 201 et seq.), except that such facility shall be considered a Cable System (other than for
purposes of Section 621(c) (47 U.S.C. § 541(c)) to the extent such facility is used in the
transmission of video programming directly to Subscribers, unless the extent of such use is solely
to provide interactive on-demand services; (D) an open video system that complies with federal
statutes; or (E) any facilities of any electric utility used solely for operating its electric utility
systems.
1.14 “Channel” means a portion of the electromagnetic frequency spectrum which is used in the
Cable System and which is capable of delivering a television channel (as television channel is
defined by the FCC by regulation).
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1.15 “City” is the City of Fort Collins, Colorado, a body politic and corporate under the laws of
the State of Colorado.
1.16 “City Council” means the City Council or its successor, the governing body of the City of
Fort Collins, Colorado.
1.17 “Colorado Communications and Utility Alliance” or “CCUA” means the non-profit entity
formed by franchising authorities or local governments in Colorado or its successor entity, whose
purpose is, among other things, to communicate with regard to franchising matters collectively
and cooperatively.
1.18 “Commercial Subscribers” means any Subscribers other than Residential Subscribers.
1.19 “Designated Access Provider” means the entity or entities designated now or in the future
by the City to manage or co-manage Access Channels and facilities. The City may be a Designated
Access Provider.
1.20 “Digital Starter Service” means the Tier of optional video programming services, which is
the level of Cable Service received by most Subscribers above Basic Service, and does not include
Premium Services.
1.21 “Downstream” means carrying a transmission from the Headend to remote points on the
Cable System or to Interconnection points on the Cable System.
1.22 “Dwelling Unit” means any building, or portion thereof, that has independent living
facilities, including provisions for cooking, sanitation and sleeping, and that is designed for
residential occupancy. Buildings with more than one set of facilities for cooking shall be
considered Multiple Dwelling Units unless the additional facilities are clearly accessory.
1.23 “FCC” means the Federal Communications Commission.
1.24 “Fiber Optic” means a transmission medium of optical fiber cable, along with all associated
electronics and equipment, capable of carrying Cable Service by means of electric lightwave
impulses.
1.25 “Franchise” means the document in which this definition appears, i.e., the contractual
agreement, executed between the City and Grantee, containing the specific provisions of the
authorization granted, including references, specifications, requirements and other related matters.
1.26 “Franchise Area” means the area within the jurisdictional boundaries of the City, including
any areas annexed by the City during the term of this Franchise.
1.27 “Franchise Fee” means that fee payable to the City described in Section 3.1.
1.28 “Grantee” means Comcast of California/Colorado/Florida/Oregon, Inc., or its lawful
successor, transferee or assignee.
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1.29 “Gross Revenues” means, and shall be construed broadly to include all revenues derived
directly or indirectly by Grantee or an Affiliated Entity that is the cable operator of the Cable
System, from the operation of Grantee’s Cable System to provide Cable Services within the City.
Gross revenues include, by way of illustration and not limitation:
• monthly fees for Cable Services, regardless of whether such Cable Services are
provided to residential or commercial customers, including revenues derived from
the provision of all Cable Services (including without limitation pay or premium
Cable Services, digital Cable Services, pay-per-view, pay-per-event and video-on-
demand Cable Services);
• installation, reconnection, downgrade, upgrade or similar charges associated with
changes in subscriber Cable Service levels;
• fees paid to Grantee for channels designated for commercial/leased access use and
shall be allocated on a pro rata basis using total Cable Service subscribers within
the City;
• converter, remote control, and other Cable Service equipment rentals, leases, or
sales;
• Advertising Revenues as defined herein;
• late fees, convenience fees and administrative fees which shall be allocated on a
pro rata basis using Cable Services revenue as a percentage of total subscriber
revenues within the City;
• revenues from program guides;
• Franchise Fees;
• FCC Regulatory Fees; and,
• commissions from home shopping channels and other Cable Service revenue
sharing arrangements which shall be allocated on a pro rata basis using total
Cable Service subscribers within the City.
(A) “Advertising Revenues” shall mean revenues derived from sales of advertising
that are made available to Grantee’s Cable System subscribers within the City and shall be
allocated on a pro rata basis using total Cable Service subscribers reached by the advertising.
Additionally, Grantee agrees that Gross Revenues subject to franchise fees shall include all
commissions, rep fees, Affiliated Entity fees, or rebates paid to National Cable Communications
(“NCC”) and Comcast Spotlight (“Spotlight”) or their successors associated with sales of
advertising on the Cable System within the City allocated according to this paragraph using total
Cable Service subscribers reached by the advertising.
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(B) “Gross Revenues” shall not include:
• actual bad debt write-offs, except any portion which is subsequently
collected which shall be allocated on a pro rata basis using Cable Services
revenue as a percentage of total subscriber revenues within the City;
• any taxes or fees on services furnished by Grantee imposed by any
municipality, State or other governmental unit, provided that Franchise Fees and
the FCC regulatory fee shall not be regarded as such a tax or fee;
• fees imposed by any municipality, State or other governmental unit on
Grantee including but not limited to Public, Educational and Governmental (PEG)
Fees;
• launch fees and marketing co-op fees; and,
• unaffiliated third-party advertising sales agency fees which are reflected as
a deduction from revenues.
(C) To the extent revenues are received by Grantee for the provision of a discounted
bundle of services which includes Cable Services and non-Cable Services, Grantee shall
calculate revenues to be included in Gross Revenues using a methodology that allocates revenue
on a pro rata basis when comparing the bundled service price and its components to the sum of
the published rate card, except as required by specific federal, State or local law, it is expressly
understood that equipment may be subject to inclusion in the bundled price at full rate card
value. This calculation shall be applied to every bundled service package containing Cable
Service from which Grantee derives revenues in the City. The City reserves its right to review
and to challenge Grantee’s calculations.
(D) Grantee reserves the right to change the allocation methodologies set forth in this
Section 1.29 in order to meet the standards required by governing accounting principles as
promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging
Issues Task Force (“EITF”) or the U.S. Securities and Exchange Commission (“SEC”). Grantee
will explain and document the required changes to the City within three months of making such
changes, and as part of any audit or review of franchise fee payments, and any such changes
shall be subject to 1.29(E) below.
(E) Resolution of any disputes over the classification of revenue should first be
attempted by agreement of the Parties, but should no resolution be reached, the Parties agree that
reference shall be made to generally accepted accounting principles (“GAAP”) as promulgated
and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force
(“EITF”) or the U.S. Securities and Exchange Commission (“SEC”). Notwithstanding the
forgoing, the City reserves its right to challenge Grantee’s calculation of Gross Revenues,
including the interpretation of GAAP as promulgated and defined by the FASB, EITF or the SEC.
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1.30 “Headend” means any facility for signal reception and dissemination on a Cable System,
including cables, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for
Broadcast Signals, equipment for the Interconnection of the Cable System with adjacent Cable
Systems and Interconnection of any networks which are part of the Cable System, and all other
related equipment and facilities.
1.31 “Leased Access Channel” means any Channel or portion of a Channel commercially
available for video programming by Persons other than Grantee, for a fee or charge.
1.32 “Manager” means the City Manager of the City or designee.
1.33 “Person” means any individual, sole proprietorship, partnership, association, or
corporation, or any other form of entity or organization.
1.34 “Premium Service” means programming choices (such as movie Channels, pay-per-view
programs, or video on demand) offered to Subscribers on a per-Channel, per-program or per-event
basis.
1.35 “Residential Subscriber” means any Person who receives Cable Service delivered to
Dwelling Units or Multiple Dwelling Units, excluding such Multiple Dwelling Units billed on a
bulk-billing basis.
1.36 “Right-of-Way” or “Rights-of-Way” means each of the following which have been
dedicated to the public or are hereafter dedicated to the public and maintained under public
authority or by others and located within the City: streets, roadways, highways, avenues, lanes,
alleys, bridges, sidewalks, and easements within the same. Parks, trails, open space and ditch
property are not right-of-way; provided however that any public utility easements within such
properties may be utilized by Grantee in accordance with their specific terms.
1.37 “State” means the State of Colorado.
1.38 “Subscriber” means any Person who or which elects to subscribe to, for any purpose, Cable
Service provided by Grantee by means of or in connection with the Cable System and whose
premises are physically wired and lawfully Activated to receive Cable Service from Grantee's
Cable System, and who is in compliance with Grantee’s regular and nondiscriminatory terms and
conditions for receipt of service.
1.39 “Subscriber Network” means that portion of the Cable System used primarily by Grantee
in the transmission of Cable Services to Residential Subscribers.
1.40 “Telecommunications” means the transmission, between or among points specified by the
user, of information of the user's choosing, without change in the form or content of the
information as sent and received (as provided in 47 U.S.C. § 153(43)).
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1.41 “Telecommunications Service” means the offering of Telecommunications for a fee
directly to the public, or to such classes of users as to be effectively available directly to the public,
regardless of the facilities used (as provided in 47 U.S.C. § 153(46)).
1.42 “Tier” means a group of Channels for which a single periodic subscription fee is charged.
1.43 “Two-Way” means that the Cable System is capable of providing both Upstream and
Downstream transmissions.
1.44 “Upstream” means carrying a transmission to the Headend from remote points on the Cable
System or from Interconnection points on the Cable System.
(B) EXHIBITS
The following documents, which are occasionally referred to in this Franchise, are formally
incorporated and made a part of this Franchise by this reference:
(1) Exhibit A, titled Report Form.
(2) Exhibit B, titled Customer Service Standards
(3) Exhibit C, titled Return Lines
SECTION 2. GRANT OF FRANCHISE
2.1 Grant
(A) The City hereby grants to Grantee a nonexclusive authorization to make reasonable
and lawful use of the Rights-of-Way within the City to construct, operate, maintain, reconstruct
and rebuild a Cable System for the purpose of providing Cable Service subject to the terms and
conditions set forth in this Franchise and in any prior utility or use agreements entered into by
Grantee with regard to any individual property. This Franchise shall constitute both a right and an
obligation to provide the Cable Services required by, and to fulfill the obligations set forth in, the
provisions of this Franchise.
(B) Nothing in this Franchise shall be deemed to waive the lawful requirements of any
generally applicable City ordinance existing as of the Effective Date, as defined in Section 2.3.
(C) Every term, provision or condition herein is subject to the provisions of State law,
federal law, the Charter of the City, and the ordinances and regulations enacted pursuant thereto.
The Charter and Municipal Code of the City, as the same may be amended from time to time, are
hereby expressly incorporated into this Franchise as if fully set out herein by this reference.
Notwithstanding the foregoing, the City may not unilaterally alter the material rights and
obligations of Grantee under this Franchise.
(D) This Franchise shall not be interpreted to prevent the City from imposing
additional lawful conditions, including additional compensation conditions, for use of the Rights-
of-Way.
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(E) Grantee promises and guarantees, as a condition of exercising the privileges granted
by this Franchise, that any Affiliate of the Grantee directly involved in the offering of Cable
Service in the Franchise Area, or directly involved in the management or operation of the Cable
System in the Franchise Area, will also comply with the obligations of this Franchise.
(F) No rights shall pass to Grantee by implication. Without limiting the foregoing, by
way of example and not limitation, this Franchise shall not include or be a substitute for:
(1) Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City that may be required by the City’s ordinances
and laws;
(2) Any permit, agreement, or authorization required by the City for Right-of-
Way users in connection with operations on or in Rights-of-Way or public property
including, by way of example and not limitation, street cut permits; or
(3) Any permits or agreements for occupying any other property of the City or
private entities to which access is not specifically granted by this Franchise including,
without limitation, permits and agreements for placing devices on poles, in conduits or in
or on other structures.
(G) This Franchise is intended to convey limited rights and interests only as to those
Rights-of-Way in which the City has an actual interest. It is not a warranty of title or interest in
any Right-of-Way; it does not provide the Grantee with any interest in any particular location
within the Right-of-Way; and it does not confer rights other than as expressly provided in the grant
hereof.
2.2 Use of Rights-of-Way
(A) Subject to the City’s supervision and control, Grantee may erect, install, construct,
repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the Rights-of-
Way within the City such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
pedestals, attachments and other property and equipment as are necessary and appurtenant to the
operation of a Cable System within the City. Grantee, through this Franchise, is granted extensive
and valuable rights to operate its Cable System for profit using the City’s Rights-of-Way in
compliance with all applicable City construction codes and procedures. As trustee for the public,
the City is entitled to fair compensation as provided for in Section 3 of this Franchise to be paid
for these valuable rights throughout the term of the Franchise.
(B) Grantee must follow City-established nondiscriminatory requirements for
placement of Cable System facilities in Rights-of-Way, including the specific location of facilities
in the Rights-of-Way, and must in any event install Cable System facilities in a manner that
minimizes interference with the use of the Rights-of-Way by others, including others that may be
installing communications facilities. Within limits reasonably related to the City’s role in
protecting public health, safety and welfare, the City may require that Cable System facilities be
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installed at a particular time, at a specific place or in a particular manner as a condition of access
to a particular Right-of-Way; may deny access if Grantee is not willing to comply with the City’s
requirements; and may remove, or require removal of, any facility that is not installed by Grantee
in compliance with the requirements established by the City, or which is installed without prior
City approval of the time, place or manner of installation, and charge Grantee for all the costs
associated with removal; and may require Grantee to cooperate with others to minimize adverse
impacts on the Rights-of-Way through joint trenching and other arrangements.
2.3 Effective Date and Term of Franchise
This Franchise and the rights, privileges and authority granted hereunder shall take effect
on November 1, 2025 (the “Effective Date”), and shall terminate on October 31, 2035, unless
terminated sooner as hereinafter provided.
2.4 Franchise Nonexclusive
This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements or
licenses granted by the City to any Person to use any property, Right-of-Way, right, interest or
license for any purpose whatsoever, including the right of the City to use same for any purpose it
deems fit, including the same or similar purposes allowed Grantee hereunder. The City may at
any time grant authorization to use the Rights-of-Way for any purpose not incompatible with
Grantee's authority under this Franchise and for such additional franchises for Cable Systems as
the City deems appropriate.
2.5 Police Powers
Grantee’s rights hereunder are subject to the police powers of the City to adopt and enforce
ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees to comply
with all laws and ordinances of general applicability enacted, or hereafter enacted, by the City or
any other legally constituted governmental unit having lawful jurisdiction over the subject matter
hereof. The City shall have the right to adopt, from time to time, such ordinances as may be
deemed necessary in the exercise of its police power. The Grantee reserves the right to challenge
any ordinance(s) it believes are not a generally applicable exercise of City’s police powers. Any
conflict between the provisions of this Franchise and any other present or future lawful exercise
of the City’s police powers shall be resolved in favor of the latter.
2.6 Competitive Equity
(A) The Grantee acknowledges and agrees that the City reserves the right to grant one
or more additional franchises or other similar lawful authorization to provide Cable Services
within the City. If the City grants such an additional franchise or other similar lawful
authorization containing material terms and conditions that differ from Grantee’s material
obligations under this Franchise, then the City agrees that the obligations in this Franchise will,
pursuant to the process set forth in this Section, be amended to include any material terms or
conditions that it imposes upon the new entrant, or provide relief from existing material terms or
conditions, so as to insure that the regulatory and financial burdens on each entity are materially
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equivalent. “Material terms and conditions” include without limitation: Franchise Fees and
Gross Revenues; insurance; System build-out requirements; security instruments; Public,
Education and Government Access Channels and support; customer service standards; required
reports and related record keeping; competitive equity (or its equivalent); audits; dispute
resolution; remedies; and notice and opportunity to cure breaches. The parties agree that this
provision shall not require a word-for-word identical franchise or authorization for a competitive
entity so long as the regulatory and financial burdens on each entity are materially equivalent.
Video programming services (as defined in the Cable Act) delivered over wireless broadband
networks are specifically exempted from the requirements of this Section.
(B) The modification process of this Franchise as provided for in Section 2.6(A) shall
only be initiated by written notice by the Grantee to the City regarding specified franchise
obligations. Grantee’s notice shall address the following: (1) identifying the specific terms or
conditions in the competitive cable services franchise which are materially different from
Grantee’s obligations under this Franchise; (2) identifying the Franchise terms and conditions for
which Grantee is seeking amendments; (3) providing text for any proposed Franchise
amendments to the City, with a written explanation of why the proposed amendments are
necessary and consistent.
(C) Upon receipt of Grantee’s written notice as provided in Section 2.6(B), the City
and Grantee agree that they will use best efforts in good faith to negotiate Grantee’s proposed
Franchise modifications, and that such negotiation will proceed and conclude within a 90-day
time period, unless that time period is reduced or extended by mutual agreement of the parties.
If the City and Grantee reach agreement on the Franchise modifications pursuant to such
negotiations, then the City shall amend this Franchise to include the modifications.
(D) In the alternative to Franchise modification negotiations as provided for in
Section 2.6(C), or if the City and Grantee fail to reach agreement in such negotiations, Grantee
may, at its option, elect to replace this Franchise by opting into the franchise or other similar
lawful authorization that the City grants to another provider of Cable Services, with the
understanding that Grantee will use its current system design and technology infrastructure to
meet any requirements of the new franchise so as to insure that the regulatory and financial
burdens on each entity are equivalent. If Grantee so elects, the City shall immediately
commence proceedings, in accordance with the City’s Code and Charter, to replace this
Franchise with the franchise issued to the other Cable Services provider.
(E) Notwithstanding anything contained in this Sections 2.6(A) through (D) to the
contrary, the City shall not be obligated to amend or replace this Franchise unless the new
entrant makes Cable Services available for purchase by Subscribers or customers under its
franchise agreement with the City.
(F) Notwithstanding any provision to the contrary, at any time that a wireline
facilities-based entity, legally authorized by State or federal law, makes available for purchase by
Subscribers or customers, Cable Services or multiple Channels of video programming within the
Franchise Area without a franchise or other similar lawful authorization granted by the City,
then:
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(1) Grantee may negotiate with the City to seek Franchise modifications as
per Section 2.6(C) above; or
(a) the term of Grantee’s Franchise shall, upon ninety (90) days written notice
from Grantee, be shortened so that the Franchise shall be deemed to expire
on a date eighteen (18) months from the first day of the month following
the date of Grantee’s notice; or,
(b) Grantee may assert, at Grantee’s option, that this Franchise is rendered
“commercially impracticable,” and invoke the modification procedures set
forth in Section 625 of the Cable Act.
2.7 Familiarity with Franchise
The Grantee acknowledges and warrants by acceptance of the rights, privileges and
agreements granted herein, that it has carefully read and fully comprehends the terms and
conditions of this Franchise and is willing to and does accept all lawful and reasonable risks of the
meaning of the provisions, terms and conditions herein. The Grantee further acknowledges and
states that it has fully studied and considered the requirements and provisions of this Franchise,
and finds that the same are commercially practicable at this time, and consistent with Applicable
Law, including the Cable Act.
2.8 Effect of Acceptance
By accepting the Franchise, the Grantee: (1) acknowledges and accepts the City’s legal
right to issue and enforce the Franchise; (2) accepts and agrees to comply with every provision of
this Franchise subject to Applicable Law; and (3) agrees that the Franchise was granted pursuant
to processes and procedures consistent with Applicable Law, and that it will not raise any claim to
the contrary.
SECTION 3. FRANCHISE FEE PAYMENT AND FINANCIAL CONTROLS
3.1 Franchise Fee
As compensation for the benefits and privileges granted under this Franchise and in
consideration of permission to use the City’s Rights-of-Way, Grantee shall continue to pay as a
Franchise Fee to the City, throughout the duration of and consistent with this Franchise, an amount
equal to 5% of Grantee's Gross Revenues.
3.2 Payments
Grantee’s Franchise Fee payments to the City shall be computed quarterly for the preceding
calendar quarter ending March 31, June 30, September 30, and December 31. Each quarterly
payment shall be due and payable no later than 45 days after said dates.
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3.3 Acceptance of Payment and Recomputation
No acceptance of any payment shall be construed as an accord by the City that the amount
paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release
of any claim the City may have for further or additional sums payable or for the performance of
any other obligation of Grantee.
3.4 Quarterly Franchise Fee Reports
Each payment shall be accompanied by a written report to the City, or concurrently sent
under separate cover, verified by an authorized representative of Grantee, containing an accurate
statement in summarized form, as well as in detail, of Grantee’s Gross Revenues and the
computation of the payment amount. Such reports shall detail all Gross Revenues of the Cable
System.
3.5 Annual Franchise Fee Reports
Grantee shall, within 60 days after the end of each year, furnish to the City a statement
stating the total amount of Gross Revenues for the year and all payments, deductions and
computations for the period.
3.6 Audits
(A) On an annual basis, upon 30 days prior written notice, the City, including the City’s
Auditor or their authorized representative, shall have the right to conduct an independent
audit/review of Grantee's records reasonably related to the administration or enforcement of this
Franchise. Pursuant to Section 1.29, as part of the Franchise Fee audit/review the City shall
specifically have the right to review relevant data related to the allocation of revenue to Cable
Services in the event Grantee offers Cable Services bundled with non-Cable Services. For
purposes of this section, “relevant data” shall include, at a minimum, Grantee’s records, produced
and maintained in the ordinary course of business, showing the subscriber counts per package and
the revenue allocation per package for each package that was available for City subscribers during
the audit period. To the extent that the City does not believe that the relevant data supplied is
sufficient for the City to complete its audit/review, the City may require other relevant data. For
purposes of this Section 3.6, the “other relevant data” shall generally mean all: (1) billing reports,
(2) financial reports (such as General Ledgers) and (3) sample customer bills used by Grantee to
determine Gross Revenues for the Franchise Area that would allow the City to recompute the
Gross Revenue determination. If the audit/review shows that Franchise Fee payments have been
underpaid by five percent 5% or more Grantee shall pay the total cost of the audit/review, such
cost not to exceed $10,000 for each year of the audit period. The City’s right to audit/review and
the Grantee’s obligation to retain records related to this Section shall expire three years after each
Franchise Fee payment has been made to the City.
(B) All information required to be provided pursuant to this section to the City’s auditor
or authorized representative, shall be provided electronically or through the U.S. Mail or
recognized overnight delivery service. If Grantee is unable to provide the information to the
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auditor or authorized representative in this manner, if that person’s physical location is within the
State of Colorado, Grantee shall make the information available for review and copying at its
division office, 9401 East Panorama Circle, Centennial, Colorado. If that person’s physical
location is not within the State of Colorado, Grantee shall make the information available for
review and copying at its office location that is physically closest to the auditor or authorized
representative. Unless information made available to the auditor or authorized representative may
not be disclosed due to Applicable Law, the auditor or authorized representative may make copies,
scans or similar reproductions of any materials made available at Grantee’s offices.
3.7 Late Payments
In the event any payment due quarterly is not received within 45 days from the end of the
calendar quarter, Grantee shall pay interest on the amount due at a rate of 8% per annum,
compounded daily, calculated from the date the payment was originally due until the date the City
receives the payment.
3.8 Underpayments
If a net Franchise Fee underpayment is discovered as the result of an audit, Grantee shall
pay interest at the rate of the 8% per annum, compounded daily, calculated from the date each
portion of the underpayment was originally due until the date Grantee remits the underpayment to
the City.
3.9 Alternative Compensation
In the event the obligation of Grantee to compensate the City through Franchise Fee
payments is lawfully suspended or eliminated, in whole or part, then Grantee shall comply with
any other Applicable Law related to the right to occupy the City’s Rights-of-Way and
compensation therefor.
3.10 Maximum Legal Compensation
The parties acknowledge that, at present, applicable federal law limits the City to collection
of a maximum permissible Franchise Fee of 5% of Gross Revenues. In the event that at any time
during the duration of this Franchise, the City is authorized to collect an amount in excess of 5%
of Gross Revenues, then the Grantor and Grantee may enter into negotiations to amend this
Franchise pursuant to Section 4.7.
3.11 Additional Commitments Not Franchise Fee Payments
(A) The PEG Capital Contribution pursuant to Section 9.6, as well as any charges
incidental to the awarding or enforcing of this Franchise (including, without limitation, payments
for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated
damage) and Grantee’s costs of compliance with Franchise obligations (including, without
limitation, compliance with customer service standards and build out obligations) shall not be
offset against Franchise Fees. Furthermore, the City and Grantee agree that any local tax of general
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applicability shall be in addition to any Franchise Fees required herein, and there shall be no offset
against Franchise Fees. Notwithstanding the foregoing, Grantee reserves all rights to offset cash
or non-cash consideration or obligations from Franchise Fees, consistent with Applicable Law.
The City likewise reserves all rights it has under Applicable Law. Should Grantee elect to offset
the items set forth herein, or other Franchise commitments such as complimentary Cable Service,
against Franchise Fees in accordance with Applicable Law, including any Orders resulting from
the FCC’s 621 proceeding, MB Docket No. 05-311, Grantee shall provide the City with advance
written notice. Such notice shall document the proposed offset or service charges so that the City
can make an informed decision as to its course of action. Upon receipt of such notice, the City
shall have up to 120 days to either (1) maintain the commitment with the understanding that the
value shall be offset from Franchise Fees; (2) relieve Grantee from the commitment obligation
under the Franchise; or (3) pay for the services rendered pursuant to the commitment in accordance
with Grantee’s regular and nondiscriminatory term and conditions.
(B) Grantee’s notice pursuant to Section 3.11(A) shall, at a minimum, address the
following: (1) identify the specific cash or non-cash consideration or obligations that must be offset
from Grantee’s Franchise Fee obligations; (2) identify the Franchise terms and conditions for
which Grantee is seeking amendments; (3) provide text for any proposed Franchise amendments
to the City, with a written explanation of why the proposed amendments are necessary and
consistent with Applicable Law; (4) provide all information and documentation reasonably
necessary to address how and why specific offsets are to be calculated and (5) if applicable, provide
all information and documentation reasonably necessary to document how Franchise Fee offsets
may be passed through to Subscribers in accordance with 47 U.S.C. 542(e). Nothing in this Section
3.11(B) shall be construed to extend the 120-day time period for the City to make its election under
Section 3.11(A); provided, however, that any disagreements or disputes over whether sufficient
information has been provided pursuant to this Paragraph (B) may be addressed under Sections
13.1 or 13.2 of this Franchise.
(C) Upon receipt of Grantee’s written notice as provided in Section 3.11(B), the City
and Grantee agree that they will use best efforts in good faith and in compliance with Applicable
Law to negotiate Grantee’s proposed Franchise modifications and agree to what offsets, if any, are
to be made to the Franchise Fee obligations. Such negotiation will proceed and conclude within a
120-day time period, unless that time period is reduced or extended by mutual agreement of the
parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such
negotiations, then the City shall amend this Franchise to include those modifications in accordance
with the City Code and Charter, including approval by the City Council.
(D) If the parties are unable to reach agreement on any Franchise Fee offset issue within
120 days or such other time as the parties may mutually agree, each party reserves all rights it may
have under Applicable Law to address such offset issues.
(E) The City acknowledges that Grantee currently provides one outlet of Basic Service
and Digital Starter Service and associated equipment to certain City-owned and occupied or leased
and occupied buildings, and fire stations located in areas where Grantee provides Cable Service.
Outlets of Basic and Digital Starter Service provided in accordance with this section may be used
to distribute Cable Services throughout such buildings, provided such distribution can be
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accomplished without causing Cable System disruption and general technical standards are
maintained. Grantee’s commitment to provide this service is voluntary and may be terminated by
Grantee at its sole discretion.
(1) Grantee’s termination of complimentary services provided shall be pursuant
to the provisions of Section 3.11(A)-(E) above. The City may make a
separate election for each account or line of service identified in the notice
(for example, the City may choose to accept certain services or accounts as
offsets to Franchise Fees and discontinue other services or accounts), so
long as all elections are made within 120 days. Grantee shall also provide
written notice to each entity that is currently receiving complimentary
services with copies of those notice(s) sent to the City.
(2) Notwithstanding the foregoing, Grantee reserves all rights to offset cash or
non-cash consideration or obligations from Franchise Fees, consistent with
Applicable Law. The City likewise reserves all rights it has under
Applicable Law.
(F) The parties understand and agree that offsets may be required and agreed to as a
result of the FCC’s Order in what is commonly known as the 621 Proceeding, MB Docket No. 05-
311. Should there be a new Order in the 621 Proceeding, or any other change in Applicable Law,
which would permit any cash or non-cash consideration or obligations to be required by this
Franchise without being offset from Franchise Fees, or would change the scope of the City’s
regulatory authority over the use of the rights-of-way by the Grantee, the parties shall, within 120
days of written notice from the City, amend this Franchise to reinstate such consideration or
obligations without offset from Franchise Fees, and to address the full scope of the City’s
regulatory authority.
3.12 Tax Liability
The Franchise Fees shall be in addition to any taxes or other levies or assessments which
are now or hereafter required to be paid by businesses in general by any law of the City, the State
or the United States including, without limitation, sales, use and other taxes, business license fees
or other payments. Payment of the Franchise Fees under this Franchise shall not exempt Grantee
from the payment of any other license fee, permit fee, tax or charge on the business, occupation,
property or income of Grantee that may be lawfully imposed by the City. Any other license fees,
taxes or charges shall be of general applicability in nature and shall not be levied against Grantee
solely because of its status as a Cable Operator, or against Subscribers, solely because of their
status as such.
3.13 Financial Records
Grantee agrees to meet with a representative of the City upon request to review Grantee's
methodology of record-keeping, financial reporting, the computing of Franchise Fee obligations
and other procedures, the understanding of which the City deems necessary for reviewing reports
and records.
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3.14 Payment on Termination
If this Franchise terminates for any reason, the Grantee shall file with the City within 90
calendar days of the date of the termination, a financial statement, certified by an independent
certified public accountant, showing the Gross Revenues received by the Grantee since the end of
the previous fiscal year. The City reserves the right to satisfy any remaining financial obligations
of the Grantee to the City by utilizing the funds available in the letter of credit or other security
provided by the Grantee.
SECTION 4. ADMINISTRATION AND REGULATION
4.1 Authority
(A) The City shall be vested with the power and right to reasonably regulate the exercise
of the privileges permitted by this Franchise in the public interest, or to delegate that power and
right, or any part thereof, to the extent permitted under federal, State and local law, to any agent
including without limitation the CCUA, in the City’s sole discretion.
(B) Nothing in this Franchise shall limit nor expand the City’s right of eminent domain
under State law.
4.2 Rates and Charges
All of Grantee’s rates and charges related to or regarding Cable Services shall be subject
to regulation by the City to the full extent authorized by applicable federal, State, and local laws.
4.3 Rate Discrimination
All of Grantee’s rates and charges shall be published (in the form of a publicly-available
rate card) and be non-discriminatory as to all Persons and organizations of similar classes, under
similar circumstances and conditions. Grantee shall apply its rates in accordance with Applicable
Law, with identical rates and charges for all Subscribers receiving identical Cable Services,
without regard to race, color, ethnic or national origin, religion, age, sex, sexual orientation,
marital, military or economic status, or physical or mental disability or geographic location within
the City. Grantee shall offer the same Cable Services to all Residential Subscribers at identical
rates to the extent required by Applicable Law and to Multiple Dwelling Unit Subscribers to the
extent authorized by FCC rules or applicable federal law. Grantee shall permit Subscribers to
make any lawful in-residence connections the Subscriber chooses without additional charge nor
penalizing the Subscriber therefor. However, if any in-home connection requires service from
Grantee due to signal quality, signal leakage or other factors, caused by improper installation of
such in-home wiring or faulty materials of such in-home wiring, the Subscriber may be charged
reasonable service charges by Grantee. Nothing herein shall be construed to prohibit:
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(A) The temporary reduction or waiving of rates or charges in conjunction with valid
promotional campaigns;
(B) The offering of reasonable discounts to senior citizens or economically
disadvantaged citizens;
(C) The offering of rate discounts for Cable Service; or
(D) The Grantee from establishing different and nondiscriminatory rates and charges
and classes of service for Commercial Subscribers, as allowable by federal law and regulations.
4.4 Filing of Rates and Charges
(A) Throughout the term of this Franchise, Grantee shall maintain on file with the City
a complete schedule of applicable rates and charges for Cable Services provided under this
Franchise. Nothing in this section shall be construed to require Grantee to file rates and charges
under temporary reductions or waivers of rates and charges in conjunction with promotional
campaigns.
(B) Upon request of the City, Grantee shall provide a complete schedule of current rates
and charges for any Leased Access Channels, or portions of such Channels, provided by Grantee.
The schedule shall include a description of the price, terms, and conditions established by Grantee
for Leased Access Channels.
4.5 Cross Subsidization
Grantee shall comply with all Applicable Laws regarding rates for Cable Services and all
Applicable Laws covering issues of cross subsidization.
4.6 Reserved Authority
Both Grantee and the City reserve all rights they may have under the Cable Act and any
other relevant provisions of Applicable Law.
4.7 Franchise Amendment Procedure
Either party may at any time seek an amendment of this Franchise by so notifying the other
party in writing. Within 30 days of receipt of notice, the City and Grantee shall meet to discuss
the proposed amendment(s). If the parties reach a mutual agreement upon the suggested
amendment(s), such amendment(s) shall be submitted to the City Council for its approval. If so
approved by the City Council and the Grantee, then such amendment(s) shall be deemed part of
this Franchise. If mutual agreement is not reached, there shall be no amendment.
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4.8 Late Fees
(A) For purposes of this section, any assessment, charge, cost, fee or sum, however
characterized, that the Grantee imposes upon a Subscriber solely for late payment of a bill is a late
fee and shall be applied in accordance with the City’s Customer Service Standards, as the same
may be amended from time to time by the City Council acting by ordinance or resolution, or as
the same may be superseded by Applicable Law.
(B) Nothing in this section shall be deemed to create, limit or otherwise affect the ability
of the Grantee, if any, to impose other assessments, charges, fees or sums other than those
permitted by this section, for the Grantee's other services or activities it performs in compliance
with Applicable Law, including FCC law, rule or regulation.
(C) The Grantee's late fee and disconnection policies and practices shall be consistent
with Applicable Law, and any fee imposed pursuant to this subsection shall apply equally in all
parts of the City without regard to the neighborhood or income level of the Subscriber.
4.9 Force Majeure
In the event Grantee is prevented or delayed in the performance of any of its obligations
under this Franchise by reason beyond the control of Grantee, Grantee shall have a reasonable
time, under the circumstances, to perform the affected obligation under this Franchise or to procure
a substitute for such obligation which is satisfactory to the City. Those conditions which are not
within the control of Grantee include, but are not limited to, natural disasters, civil disturbances,
work stoppages or labor disputes, power outages, telephone network outages, and severe or
unusual weather conditions which have a direct and substantial impact on the Grantee’s ability to
provide Cable Services in the City and which was not caused and could not have been avoided by
the Grantee which used its best efforts in its operations to avoid such results.
If Grantee believes that a reason beyond its control has prevented or delayed its compliance
with the terms of this Franchise, Grantee shall provide documentation as reasonably required by
the City to substantiate the Grantee’s claim. If Grantee has not yet cured the deficiency, Grantee
shall also provide the City with its proposed plan for remediation, including the timing for such
cure.
SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS
5.1 Indemnification
(A) General Indemnification. Grantee shall indemnify, defend and hold the City, its
officers, officials, boards, commissions, agents and employees, harmless from any action or claim
for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable
attorneys’ fees or reasonable expenses, arising from any casualty or accident to Person or property,
including, without limitation, copyright infringement, defamation, and all other damages in any
way arising out of, or by reason of, any construction, excavation, operation, maintenance,
reconstruction, or any other act done under this Franchise, by or for Grantee, its agents, or its
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employees, or by reason of any neglect or omission of Grantee. Grantee shall consult and
cooperate with the City while conducting its defense of the City. Grantee shall not be obligated to
indemnify the City to the extent directly caused by the City’s gross negligence or willful
misconduct.
(B) Indemnification for Relocation. Grantee shall indemnify the City for any damages,
claims, additional costs or reasonable expenses assessed against, or payable by, the City arising
out of, or resulting from, directly or indirectly, Grantee's failure to remove, adjust or relocate any
of its facilities in the Rights-of-Way in a timely manner in accordance with any relocation required
by the City.
(C) Additional Circumstances. Grantee shall also indemnify, defend and hold the City
harmless for any claim for injury, damage, loss, liability, cost or expense, including court and
appeal costs and reasonable attorneys' fees or reasonable expenses in any way arising out of:
(1) The lawful actions of the City in granting this Franchise to the extent such
actions are consistent with this Franchise and Applicable Law.
(2) Damages arising out of any failure by Grantee to secure consents from the
owners, authorized distributors, or licensees/licensors of programs to be delivered by the
Cable System, whether or not any act or omission complained of is authorized, allowed or
prohibited by this Franchise.
(D) Procedures and Defense. If a claim or action arises, the City or any other
indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall
be at Grantee’s expense. The City may participate in the defense of a claim, but if Grantee provides
a defense at Grantee’s expense, then Grantee shall not be liable for any attorneys’ fees, expenses
or other costs that the City may incur if it chooses to participate in the defense of a claim, unless
and until separate representation as described below in Section 5.1(F) is required. In that event
the provisions of Section 5.1(F) shall govern Grantee’s responsibility for the City’s attorney’s fees,
expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting
the City without the City’s approval.
(E) Non-waiver. The fact that Grantee carries out any activities under this Franchise
through independent contractors shall not constitute an avoidance of or defense to Grantee’s duty
of defense and indemnification under this section.
(F) Expenses. If separate representation to fully protect the interests of both parties is
or becomes necessary, such as a conflict of interest between the City and the counsel selected by
Grantee to represent the City, Grantee shall pay, from the date such separate representation is
required forward, all reasonable expenses incurred by the City in defending itself with regard to
any action, suit or proceeding indemnified by Grantee. Provided, however, that in the event that
such separate representation is or becomes necessary, and the City desires to hire counsel or any
other outside experts or consultants and desires Grantee to pay those expenses, then the City shall
be required to obtain Grantee’s consent to the engagement of such counsel, experts or consultants,
and such consent shall not be unreasonably withheld. The City’s expenses shall include all
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reasonable out-of-pocket expenses, such as experts’ or consultants’ fees, and shall also include the
reasonable value of any services rendered by the City Attorney or their assistants or any employees
of the City or its agents but shall not include outside attorneys’ fees for services that are
unnecessarily duplicative of services provided the City by Grantee.
5.2 Insurance
(A) Grantee shall maintain in full force and effect at its own cost and expense each of
the following policies of insurance, but in no event shall occurrence basis minimum limits be less
than provided for by C.R.S. § 24-10-114(1)(b):
(1) Commercial General Liability insurance with limits of no less than $2
million per occurrence and $5 million general aggregate. Coverage shall be at least as
broad as that provided by ISO CG 00 01 1/96 or its equivalent and include severability of
interests. Such insurance shall name the City, its officers, officials and employees as
additional insureds per ISO CG 2026 or its equivalent. There shall be a waiver of
subrogation and rights of recovery against the City, its officers, officials and employees.
Coverage shall apply as to claims between insureds on the policy, if applicable.
(2) Commercial Automobile Liability insurance with minimum combined
single limits of $1 million each occurrence with respect to each of Grantee’s owned, hired
and non-owned vehicles assigned to or used in the operation of the Cable System in the
City. The policy shall contain a severability of interests provision.
(3) Statutory workers’ compensation and employer’s liability insurance in an
amount of one million dollars ($1,000,000) each accident/disease/policy limit.
(B) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without 30 days’ written notice first provided to the City, via
certified mail, and 10 days’ notice for nonpayment of premium. If the insurance is canceled or
materially altered so as to be out of compliance with the requirements of this section within the
term of this Franchise, Grantee shall provide a replacement policy meeting the requirements set
forth above. Grantee agrees to maintain continuous uninterrupted insurance coverage, in at least
the amounts required, for the duration of this Franchise and, in the case of the Commercial General
Liability, for at least one year after expiration of this Franchise.
5.3 Deductibles / Certificate of Insurance
Any deductible of the policies shall not in any way limit Grantee’s liability to the City.
(A) Endorsements.
(1) All policies shall contain, or shall be endorsed so that:
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(a) The City, its officers, officials, boards, commissions, employees and
agents are to be covered as, and have the rights of, additional insureds with respect
to liability arising out of activities performed by, or on behalf of, Grantee under this
Franchise or Applicable Law, or in the construction, operation or repair, or
ownership of the Cable System;
(b) Grantee’s insurance coverage shall be primary insurance with
respect to the City, its officers, officials, boards, commissions, employees and
agents. Any insurance or self-insurance maintained by the City, its officers,
officials, boards, commissions, employees and agents shall be in excess of the
Grantee's insurance and shall not contribute to it; and
(c) Grantee’s insurance shall apply separately to each insured against
whom a claim is made or lawsuit is brought, except with respect to the limits of the
insurer's liability.
(B) Acceptability of Insurers. The insurance obtained by Grantee shall be placed with
insurers with a Best’s rating of no less than "A VII."
(C) Verification of Coverage. The Grantee shall furnish the City with certificates of
insurance and endorsements or a copy of the page of the policy reflecting blanket additional
insured status. The certificates and endorsements for each insurance policy are to be signed by a
Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements
for each insurance policy are to be on standard forms or such forms as are consistent with standard
industry practices.
(D) Self-Insurance. In the alternative to providing a certificate of insurance to the City
certifying insurance coverage as required above, Grantee may provide self-insurance in the same
amount and level of protection for Grantee and the City, its officers, agents and employees as
otherwise required under this Section. The adequacy of self-insurance shall be subject to the
periodic review and approval of the City.
5.4 Letter of Credit
(A) If there is a claim by the City of an uncured breach by Grantee of a material
provision of this Franchise or pattern of repeated violations of any provision(s) of this Franchise,
then the City may require and Grantee shall establish and provide, within 30 days from receiving
notice from the City, to the City as security for the faithful performance by Grantee of all of the
provisions of this Franchise, a letter of credit from a financial institution satisfactory to the City in
the amount of $50,000.
(B) In the event that Grantee establishes a letter of credit pursuant to the procedures of
this Section, then the letter of credit shall be maintained at $50,000 until the allegations of the
uncured breach have been resolved.
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(C) As an alternative to the provision of a Letter of Credit to the City as set forth in
Sections 5.4(A) and (B) above, if the City is a member of CCUA, and if Grantee provides a Letter
of Credit to CCUA in an amount agreed to between Grantee and CCUA for the benefit of its
members, in order to collectively address claims referenced in Section 5.4(A), Grantee shall not
be required to provide a separate Letter of Credit to the City.
(D) After completion of the procedures set forth in Section 13.1 or other applicable
provisions of this Franchise, the letter of credit may be drawn upon by the City for purposes
including without limitation:
(1) Failure of Grantee to pay the City sums due under the terms of this
Franchise;
(2) Reimbursement of costs borne by the City to correct Franchise violations
not corrected by Grantee;
(3) Monetary remedies or damages assessed against Grantee due to default or
breach of Franchise requirements; and,
(4) Failure to comply with the Customer Service Standards of the City, as the
same may be amended from time to time by the City Council acting by ordinance or
resolution.
(E) The City shall give Grantee written notice of any withdrawal under this section
upon such withdrawal. Within 7 days following receipt of such notice, Grantee shall restore the
letter of credit to the amount required under this Franchise.
(F) Grantee shall have the right to appeal to the City Council for reimbursement in the
event Grantee believes that the letter of credit was drawn upon improperly. Grantee shall also
have the right of judicial appeal from the decision of the City Council if Grantee believes the letter
of credit has not been properly drawn upon in accordance with this Franchise. Any funds the City
erroneously or wrongfully withdraws from the letter of credit shall be returned to Grantee with
interest, from the date of withdrawal at a rate equal to the prime rate of interest as quoted in the
Wall Street Journal.
SECTION 6. CUSTOMER SERVICE
6.1 Customer Service Standards
Grantee shall comply with Customer Service Standards of the City, as the same may be
amended from time to time by the City Council in its sole discretion acting by ordinance or
resolution. Any requirement in Customer Service Standards for a “local” telephone number may
be met by the provision of a toll-free number. The Customer Services Standards in effect as of the
Effective Date of this Franchise are attached as Exhibit B. Grantee reserves the right to challenge
any customer service standards which it believes is inconsistent with its contractual rights under
this Franchise.
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6.2 Subscriber Privacy
Grantee shall fully comply with any provisions regarding the privacy rights of Subscribers
contained in Applicable Law.
6.3 Subscriber Contracts
Grantee shall not enter into a contract with any Subscriber which is in any way inconsistent
with the terms of this Franchise, or any Exhibit hereto, or the requirements of any applicable
Customer Service Standard. Upon request, Grantee will provide to the City a sample of the
Subscriber contract or service agreement then in use.
6.4 Advance Notice to City
The Grantee shall use reasonable efforts to furnish information provided to Subscribers or
the media in the normal course of business to the City in advance.
6.5 Identification of Local Franchise Authority on Subscriber Bills
Within 60 days after written request from the City, Grantee shall place the City’s phone
number on its Subscriber bills, to identify where a Subscriber may call to address escalated
complaints.
SECTION 7. REPORTS AND RECORDS
7.1 Open Records
Grantee shall manage all of its operations in accordance with a policy of keeping its
documents and records open and accessible to the City. The City, including the City’s Auditor or
their authorized representative, shall have access to, and the right to inspect, any books and records
of Grantee, its parent corporations and Affiliates which are reasonably related to the administration
or enforcement of the terms of this Franchise. Grantee shall not deny the City access to any of
Grantee’s records on the basis that Grantee’s records are under the control of any parent
corporation, Affiliate or a third party. The City may, in writing, request copies of any such records
or books and Grantee shall provide such copies within 30 days of the transmittal of such request.
One copy of all reports and records required under this or any other section shall be furnished to
the City, at the sole expense of Grantee. If the requested books and records are too voluminous,
or for security reasons cannot be copied or removed, then Grantee may request, in writing within
10 days, that the City inspect them at Grantee's local offices. If any books or records of Grantee
are not kept in a local office and not made available in copies to the City upon written request as
set forth above, and if the City determines that an examination of such records is necessary or
appropriate for the performance of any of the City’s duties, administration or enforcement of this
Franchise, then all reasonable travel and related expenses incurred in making such examination
shall be paid by Grantee.
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7.2 Confidentiality
The City agrees to treat as confidential any books or records that constitute proprietary or
confidential information under Applicable Law, to the extent Grantee makes the City aware of
such confidentiality. Grantee shall be responsible for clearly and conspicuously stamping the word
“Confidential” on each page that contains confidential or proprietary information, and shall
provide a brief written explanation as to why such information is confidential under Applicable
Law. If the City believes it must release any such confidential books and records in the course of
enforcing this Franchise, or for any other reason, it shall advise Grantee in advance so that Grantee
may take appropriate steps to protect its interests. If Grantee fails to file for a protective order, the
City may release the information, and Grantee waives and claims it may have had as a result of
such release as a result. If the City receives a demand from any Person for disclosure of any
information designated by Grantee as confidential, the City shall, so far as consistent with
Applicable Law, advise Grantee and provide Grantee with a copy of any written request by the
party demanding access to such information within a reasonable time. Until otherwise ordered by
a court or agency of competent jurisdiction, the City agrees that, to the extent permitted by
Applicable Law, it shall deny access to any of Grantee’s books and records marked confidential
as set forth above to any Person. Grantee shall reimburse the City for all reasonable costs and
attorney’s fees incurred in any legal proceedings pursued under this Section.
7.3 Records Required
(A) Grantee shall at all times maintain, and shall furnish to the City upon 30 days
written request and subject to Applicable Law:
(1) A complete set of maps showing the exact location of all Cable System
equipment and facilities in the Right-of-Way but excluding detail on proprietary electronics
contained therein and Subscriber drops. As-built maps including proprietary electronics
shall be available at Grantee’s offices for inspection by the City’s authorized
representative(s) or agent(s) and made available to such during the course of technical
inspections as reasonably conducted by the City. These maps shall be certified as accurate
by an appropriate representative of the Grantee;
(2) A copy of all FCC filings on behalf of Grantee, its parent corporations or
Affiliates which relate to the operation of the Cable System in the City;
(3) Current Subscriber Records and information;
(4) A log of Cable Services added or dropped, Channel changes, number of
Subscribers added or terminated, all construction activity, and total homes passed for the
previous 12 months; and
(5) A list of Cable Services, rates and Channel line-ups.
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(B) Subject to Section 7.2, all information furnished to the City is public information,
and shall be treated as such, except for information involving the privacy rights of individual
Subscribers.
7.4 Annual Reports
Within 60 days of the City’s written request, Grantee shall submit to the City a written
report, in a form acceptable to the City, which shall include, but not necessarily be limited to, the
following information for the City:
(A) A Gross Revenue statement, as required by Section 3.5 of this Franchise;
(B) A summary of the previous year's activities in the development of the Cable
System, including, but not limited to, Cable Services begun or discontinued during the reporting
year, and the number of Subscribers for each class of Cable Service (i.e., Basic, Digital Starter,
and Premium);
(C) The number of homes passed, beginning and ending plant miles, any services added
or dropped, and any technological changes occurring in the Cable System;
(D) A statement of planned construction, if any, for the next year; and,
(E) A copy or hyperlink of the most recent annual report Grantee filed with the SEC or
other governing body.
The parties agree that the City’s request for these annual reports shall remain effective, and need
only be made once. Such a request shall require the Grantee to continue to provide the reports
annually, until further written notice from the City to the contrary.
7.5 Copies of Federal and State Reports
Within 30 days of a written request, Grantee shall submit to the City copies of all pleadings,
applications, notifications, communications and documents of any kind, submitted by Grantee or
its parent corporation(s), to any federal, State or local courts, regulatory agencies and other
government bodies if such documents directly relate to the operations of Grantee’s Cable System
within the City. Grantee shall not claim confidential, privileged or proprietary rights to such
documents unless under Applicable Law such documents have been determined to be confidential
by a court of competent jurisdiction, or a federal or State agency.
7.6 Complaint File and Reports
(A) Grantee shall keep an accurate and comprehensive file of any complaints regarding
the Cable System, in a manner consistent with the privacy rights of Subscribers, and Grantee's
actions in response to those complaints. These files shall remain available for viewing to the City
during normal business hours at Grantee’s local business office.
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(B) Within 30 days of a written request, Grantee shall provide the City a quarterly
executive summary in the form attached hereto as Exhibit A, which shall include the following
information from the preceding quarter:
(1) A summary of service calls, identifying the number and nature of the
requests and their disposition;
(2) A log of all service interruptions;
(3) A summary of customer complaints referred by the City to Grantee; and
(4) Such other information as reasonably requested by the City.
The parties agree that the City’s request for these summary reports shall remain effective, and need
only be made once. Such a request shall require the Grantee to continue to provide the reports
quarterly, until further written notice from the City to the contrary.
7.7 Failure to Report
The failure or neglect of Grantee to file any of the reports or filings required under this
Franchise or such other reports as the City may reasonably request (not including clerical errors or
errors made in good faith), may, at the City’s option, be deemed a breach of this Franchise.
7.8 False Statements
Any false or misleading statement or representation in any report required by this Franchise
(not including clerical errors or errors made in good faith) may be deemed a material breach of
this Franchise and may subject Grantee to all remedies, legal or equitable, which are available to
the City under this Franchise or otherwise.
SECTION 8. PROGRAMMING
8.1 Broad Programming Categories
Grantee shall provide or enable the provision of at least the following initial broad
categories of programming to the extent such categories are reasonably available:
(A) Educational programming;
(B) Colorado news, weather & information;
(C) National and international news, weather and information;
(D) Colorado sports;
(E) National and international sports;
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(F) General entertainment (including movies);
(G) Children/family-oriented;
(H) Arts, culture and performing arts;
(I) Foreign language;
(J) Science/documentary;
(K) Public, Educational and Government Access, to the extent required by this
Franchise.
8.2 Deletion or Reduction of Broad Programming Categories
(A) Grantee shall not delete or so limit as to effectively delete any broad category of
programming within its control without the prior written consent of the City.
(B) In the event of a modification proceeding under federal law, the mix and quality of
Cable Services provided by Grantee on the Effective Date of this Franchise shall be deemed the
mix and quality of Cable Services required under this Franchise throughout its term.
8.3 Obscenity
Grantee shall not transmit, or permit to be transmitted over any Channel subject to its
editorial control, any programming which is obscene under, or violates any provision of,
Applicable Law relating to obscenity, and is not protected by the Constitution of the United States.
Grantee shall be deemed to have transmitted or permitted a transmission of obscene programming
only if a court of competent jurisdiction has found that any of Grantee’s officers or employees or
agents have permitted programming which is obscene under, or violative of, any provision of
Applicable Law relating to obscenity, and is otherwise not protected by the Constitution of the
United States, to be transmitted over any Channel subject to Grantee's editorial control. Grantee
shall comply with all relevant provisions of federal law relating to obscenity.
8.4 Parental Control Device
Upon request by any Subscriber, Grantee shall make available a parental control or lockout
device, traps or filters to enable a Subscriber to control access to both the audio and video portions
of any or all Channels. Grantee shall inform its Subscribers of the availability of the lockout device
at the time of their initial subscription and periodically thereafter. Any device offered shall be at
a rate, if any, in compliance with Applicable Law.
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8.5 Continuity of Service Mandatory
(A) It shall be the right of all Subscribers to continue to receive Cable Service from
Grantee insofar as their financial and other obligations to Grantee are honored. The Grantee shall
act so as to ensure that all Subscribers receive continuous, uninterrupted Cable Service regardless
of the circumstances. For the purposes of this, “uninterrupted” does not include short-term outages
of the Cable System for maintenance or testing.
(B) In the event of a change of grantee, or in the event a new Cable Operator acquires
the Cable System in accordance with this Franchise, Grantee shall cooperate with the City, new
franchisee or Cable Operator in maintaining continuity of Cable Service to all Subscribers. During
any transition period, Grantee shall be entitled to the revenues for any period during which it
operates the Cable System, and shall be entitled to reasonable costs for its services when it no
longer operates the Cable System.
(C) In the event Grantee fails to operate the Cable System for ninety-six (96) hours in
any seven (7) day period without prior approval of the Manager, or without just cause, the City
may, at its option, operate the Cable System itself or designate another Cable Operator until such
time as Grantee restores service under conditions acceptable to the City or a permanent Cable
Operator is selected. If the City is required to fulfill this obligation for Grantee, Grantee shall
reimburse the City for all reasonable costs or damages that are the result of Grantee's failure to
perform.
8.6 Services for People With Disabilities
Grantee shall comply with the Americans with Disabilities Act and any amendments
thereto.
SECTION 9. ACCESS
9.1 Designated Access Providers
(A) The City shall have the sole and exclusive responsibility for identifying the
Designated Access Providers, including itself for Access purposes, to control and manage the use
of any or all Access Facilities provided by Grantee under this Franchise. As used in this Section,
such “Access Facilities” includes the Channels, services, facilities, equipment, technical
components or financial support provided under this Franchise, which is used or useable by and
for Public Access, Educational Access, and Government Access (“PEG” or “PEG Access”).
(B) Grantee shall cooperate with the City in the City’s efforts to provide Access
programming, but will not be responsible or liable for any damages resulting from a claim in
connection with the programming placed on the Access Channels by the Designated Access
Provider.
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9.2 Channel Capacity and Use
(A) Grantee shall make available to City seven (7) Downstream Channels for PEG use
as provided for in this Section.
(B) Grantee shall have the right to temporarily use any Channel, or portion thereof,
which is allocated under this Section for Public, Educational, or Governmental Access use,
within 60 days after a written request for such use is submitted to the City, if such Channel is not
"fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially
unduplicated programming is delivered over it more than an average of 38 hours per week over a
six-month period. Programming that is repeated on an Access Channel up to two times per day
shall be considered “unduplicated programming.” Character-generated programming shall be
included for purposes of this section, but may be counted toward the total average hours only
with respect to three Channels provided to the City. If a Channel allocated for Public,
Educational, or Governmental Access use will be used by Grantee in accordance with the terms
of this section, the institution to which the Channel has been allocated shall have the right to
require the return of the Channel or portion thereof. The City shall request return of such
Channel space by delivering written notice to Grantee stating that the institution is prepared to
fully utilize the Channel, or portion thereof, in accordance with this section. In such event, the
Channel or portion thereof shall be returned to such institution within 60 days after receipt by
Grantee of such written notice.
(C) Standard Definition (“SD”) Digital Access Channels.
(1) Grantee shall continue to provide five (5) Activated Downstream
Channels for PEG Access use in a standard definition (“SD”) digital format in Grantee’s
Basic Service (“SD Access Channel”). Grantee shall carry all components of the SD
Access Channel Signals provided by a Designated Access Provider, including without
limitation closed captioning, stereo audio, and other elements associated with the
programming. A Designated Access Provider shall be responsible for providing the SD
Access Channel Signal in an SD format to the demarcation point at the designated point
or origination for the SD Access Channel. Grantee shall transport and distribute the SD
Access Channel signal on its Cable System and shall not unreasonably discriminate
against SD Access Channels with respect to accessibility, functionality, and to the
application of all Applicable Laws, including without limitation the FCC’s Subpart K
Channel signal standards.
(2) With respect to signal quality, Grantee shall not be required to carry a SD
Access Channel in a higher quality format than that of the SD Access Channel signal
delivered to Grantee, but Grantee shall distribute the SD Access Channel signal without
degradation. Upon reasonable written request by a Designated Access Provider, Grantee
shall verify signal delivery to Subscribers with the Designated Access Provider,
consistent with the requirements of this Section 9.2(C).
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(3) Grantee shall be responsible for costs associate with the transmission of
SD Access signals on its side of the demarcation point which for the purpose of this
Section 9.2(C)(3), shall mean up to and including the modulator where the City signal is
converted into a format to be transmitted over a fiber connection to Grantee. The City or
Designated Access Provider shall be responsible for costs associated with SD Access
signal transmission on its side of the demarcation point.
(4) SD Access Channels may require Subscribers to buy or lease special
equipment, available to all Subscribers, and subscribe to those tiers of Cable Service,
upon which SD channels are made available. Grantee is not required to provide free SD
equipment to Subscribers, including complementary government and educations
accounts, nor modify its equipment or pricing policies in any manner.
(D) High Definition (“HD”) Digital Access Channels.
(1) Grantee shall continue to provide two (2) activated HD access channels.
After the Effective Date and within 120 days of written notice, Grantee shall activate one
(1) additional HD Access Channel, for which the City may provide Access Channel
signals in HD format to the demarcation point at the designated point of origination for
the Access Channel. At the time of activation of a third HD Access Channel the City
shall return to the Grantee one (1) SD Access Channel. Activation of HD Access
Channels shall only occur after the following conditions are satisfied:
(a) The City shall, in its written notice to Grantee as provided for in
this Section, confirm that it or its Designated Access Provider has the capabilities
to produce, has been producing and will produce programming in an HD format
for the newly activated HD Access Channel(s); and,
(b) There will be a minimum of five hours per day, five days per week
of HD PEG programming available for each HD Access Channel. For the
purposes of this section, character-generated programming (i.e., community
bulletin boards) shall not satisfy, in whole or in part, this programming
requirement unless the character-generated programming is included on a channel
that also contains HD PEG video programming on the same screen.
(2) The City shall be responsible for providing the HD Access Channel(s)
signal in an HD digital format to the demarcation point at the designated point of
origination for the HD Access Channel(s). For purposes of this Franchise, an HD signal
refers to a television signal delivering picture resolution of either 720 or 1080, or such
other resolution in this same range that Grantee utilizes for other similar non-sport, non-
movie programming channels on the Cable System, whichever is greater.
(3) Grantee shall transport and distribute the HD Access Channel(s) signal on
its Cable System and shall not unreasonably discriminate against HD Access Channels
with respect to accessibility, functionality and to the application of any applicable Federal
Communications Commission Rules & Regulations, including without limitation Subpart
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K Channel signal standards. With respect to signal quality, Grantee shall not be required
to carry a HD Access Channel in a higher quality format than that of the HD Access
Channel signal delivered to Grantee, but Grantee shall distribute the HD Access
Channel(s) signal without degradation. Grantee shall carry all components of the HD
Access Channel signals provided by the Designated Access Provider including, but not
limited to, closed captioning, stereo audio and other elements associated with the
Programming. Upon reasonable written request by the City, Grantee shall verify signal
delivery to Subscribers with the City, consistent with the requirements of this Section
9.2(D).
(4) HD Access Channels may require Subscribers to buy or lease special
equipment, available to all Subscribers, and subscribe to those tiers of Cable Service,
upon which HD channels are made available. Grantee is not required to provide free HD
equipment to Subscribers, including complimentary government and educational
accounts, nor modify its equipment or pricing policies in any manner.
(5) The City or any Designated Access Provider is responsible for acquiring
all equipment necessary to produce programming in HD. Notwithstanding the foregoing,
the third HD Channel referenced in Section 9.2(D)(1) above will be utilized by Fort
Collins Public Media (FCPM), as the City’s Designated Access Provider. Grantee shall
provide to FCPM the same set top box (or functionally comparable equipment) and
service, at no cost, that it provides to the two other users of HD Channels in the City.
(6) Grantee shall cooperate with the City to procure and provide, at the City’s
cost, all necessary transmission equipment from the Designated Access Provider channel
origination point, at Grantee’s headend and through Grantee’s distribution system, in
order to deliver the HD Access Channels. The City shall be responsible for the costs of
all transmission equipment, including HD modulator and demodulator, and encoder or
decoder equipment, and multiplex equipment, required in order for Grantee to receive
and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to
the video return line. The City and Grantee agree that such expense of acquiring and
installing the transmission equipment or upgrades to the video return line qualifies as a
capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. §
542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG
Capital fees provided for in this Franchise.
(E) There shall be no restriction on Grantee’s technology used to deploy and deliver
HD signals so long as the requirements of the Franchise are otherwise met. Grantee may
implement HD carriage of the PEG channel in any manner (including selection of compression,
utilization of IP, and other processing characteristics) that produces a signal quality for the
consumer that is reasonably comparable and functionally equivalent to similar commercial HD
channels carried on the Cable System. In the event the City believes that Grantee fails to meet
this standard, the City will notify Grantee of such concern, and Grantee will respond to any
complaints in a timely manner.
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9.3 Access Channel Assignments
(A) Grantee will use reasonable efforts to minimize the movement of SD and HD
Access Channel assignments. Grantee shall also use reasonable efforts to institute common SD
and HD Access Channel assignments among the CCUA members served by the same Headend
as City for compatible Access programming, for example, assigning all Educational Access
Channels programmed by higher education organizations to the same Channel number. In
addition, Grantee will make reasonable efforts to locate HD Access Channels provided pursuant
to Subsection 9.2(D) in a location on its HD Channel line-up that is easily accessible to
Subscribers.
(B) Following the Effective Date of this Franchise, and in the event that Grantee
changes the channel designation of any Access Channel, Grantee will reimburse the actual out-
of-pocket cost of the City’s marketing and rebranding efforts directly related to the relocation of
any Access Channel, provided that such amount shall not exceed $5,000 per Access Channel
with a maximum total amount of actual reimbursement not to exceed $10,000.00. This
reimbursement applies only to the channel relocation of any active Access Channels that have
occupied their then current channel designation for at least 180 days. In addition, if an HD
Access Channel is a simulcast of an SD Access Channel, then the reimbursement for the actual
out-of-pocket cost of the City’s marketing and rebranding efforts shall not exceed $5,000 for
both channel relocations. Reimbursement is due to the City within forty-five (45) days of
Grantee’s receipt of a detailed invoice provided by the City. The requirements of this subsection
(B) do not apply to any change in channel designation required by Federal law or any change in
channel designation outside of Grantee’s control.
9.4 Relocation of Access Channels
Grantee shall provide the City with a minimum of 60 days’ notice, and use its best efforts
to provide 120 days’ notice, prior to the time any Access Channel designation is changed, unless
the change is required by federal law, in which case Grantee shall give the City the maximum
notice possible. In addition, in the event of a change in an Access Channel’s designation, Grantee
shall cooperate in the following manner with the City in order to notify Subscribers of this change.
Grantee, at Grantee's expense, will place the City’s notices of the Channel change on or with its
regular monthly billings, upon the City's request.
9.5 Support for Access Costs
Within one hundred twenty (120) days of the commencement of the term of this
Franchise, Grantee shall provide to the City up to 0.725 of one percent (0.00725%) of Grantee’s
Gross Revenues per month (the “Access Contribution”) to be used solely for capital costs related
to Public, Educational and Governmental Access, or as may be permitted by Applicable Law.
Grantee shall make Access Contribution payments quarterly, following the effective date of this
Franchise for the preceding quarter ending March 31, June 30, September 30, and December 31.
Each payment shall be due and payable no later than forty-five (45) days following the end of the
quarter. The City shall have sole discretion to allocate the expenditure of such payments for any
capital costs related to Access.
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9.6 Access Support Not Franchise Fees
Grantee agrees that capital support for Access Costs arising from or relating to the
obligations set forth in this Section shall in no way modify or otherwise affect Grantee’s
obligations to pay Franchise Fees to the City. Grantee agrees that although the sum of Franchise
Fees plus the payments set forth in this Section may total more than 5% of Grantee's Gross
Revenues in any 12-month period, the additional PEG Contribution shall not be offset or
otherwise credited in any way against any Franchise Fee payments under this Franchise
Agreement so long as such support is used for capital Access purposes consistent with this
Franchise and federal law.
9.7 Access Channels On Lowest Priced HD Service Tier
All HD Access Channels under this Franchise Agreement shall be included by Grantee,
without limitation, as part of the lowest-priced tier of HD Cable Service upon which Grantee
provides HD programming content.
9.8 Change In Technology
In the event Grantee makes any change in the Cable System and related equipment and
Facilities or in Grantee's signal delivery technology, which directly or indirectly affects the
signal quality or transmission of Access services or programming, Grantee shall at its own
expense take necessary technical steps or provide necessary technical assistance, including the
acquisition of all necessary equipment, and full training of the City’s Access personnel to ensure
that the capabilities of Access services are not diminished or adversely affected by such change.
If the City implements a new video delivery technology that is currently offered and can be
accommodated on the Grantee’s local Cable System then the same provisions above shall apply.
If the City implements a new video delivery technology that is not currently offered on or that
cannot be accommodated by the Grantee’s local Cable System, then the City shall be responsible
for acquiring all necessary equipment, facilities, technical assistance, and training to deliver the
signal to the Grantee’s headend for distribution to subscribers.
9.9 Technical Quality
Grantee shall maintain all upstream and downstream Access services and Channels on its
side of the demarcation point at the same level of technical quality and reliability required by this
Franchise Agreement and all other applicable laws, rules and regulations for Residential
Subscriber Channels. Grantee shall provide routine maintenance for all transmission equipment
on its side of the demarcation point, including modulators, decoders, multiplex equipment, and
associated cable and equipment necessary to carry a quality signal to and from the City’s
facilities for the Access Channels provided under this Franchise Agreement. Grantee shall also
provide, if requested in advance by the City, advice and technical expertise regarding the proper
operation and maintenance of transmission equipment on the City’s side of the demarcation
point. The City shall be responsible for all initial and replacement costs of all HD modulator and
demodulator equipment. The City shall also be responsible, at its own expense, to replace any of
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the Grantee’s equipment that is damaged by the gross negligence or intentional acts of City staff.
The Grantee shall be responsible, at its own expense, to replace any of the Grantee’s equipment
that is damaged by the gross negligence or intentional acts of Grantee’s staff. The City will be
responsible for the cost of repairing or replacing any HD PEG Access and web-based video on
demand transmission equipment that Grantee maintains that is used exclusively for transmission
of the City’s or its Designated Access Providers’ HD Access programming.
9.10 Access Cooperation
The City may designate any other jurisdiction which has entered into an agreement with
Grantee or an Affiliate of Grantee based upon this Franchise Agreement, any CCUA member,
the CCUA, or any combination thereof to receive any Access benefit due to the City hereunder,
or to share in the use of Access Facilities hereunder. The purpose of this section shall be to
allow cooperation in the use of Access and the application of any provision under this Section as
the City in its sole discretion deems appropriate, and Grantee shall cooperate fully with, and in,
any such arrangements by the City.
9.11 Return Lines/Access Origination
(A) Grantee shall continuously maintain the return lines throughout the Term of the
Franchise from all existing Access broadcast facilities, as set forth in Exhibit C, to the Headend,
in order to enable the distribution of Access programming to Subscribers on the Access
Channels; provided however that Grantee’s maintenance obligations with respect to either of
these locations shall cease if a location is no longer used in the future by the City to originate
Access programming.
(B) With respect to any production facilities of new or relocated Designated Access
Providers delivering Access programming to Subscribers as requested in writing by the City,
Grantee shall construct and maintain such new return lines, provided however, that Grantee’s
actual costs shall be paid by the City or its Designated Access Provider(s).
(C) Grantee shall construct and maintain new Fiber Optic return lines to the Headend
from production facilities of new or relocated Designated Access Providers delivering Access
programming to Residential Subscribers as requested in writing by the City. All actual
construction costs incurred by Grantee from the nearest interconnection point to the Designated
Access Provider shall be paid by the City or the Designated Access Provider. New return lines
shall be completed within one year from the request of the City or its Designated Access Provider,
or as otherwise agreed to by the parties. If an emergency situation necessitates movement of
production facilities to a new location, the parties shall work together to complete the new return
line as soon as reasonably possible.
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SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION
10.1 Right to Construct
Subject to Applicable Law, regulations, rules, resolutions and ordinances of the City and
the provisions of this Franchise, Grantee may perform all construction in the Rights-of-Way for
any facility needed for the maintenance or extension of Grantee's Cable System.
10.2 Right-of-Way Meetings
Grantee will regularly attend and participate in meetings of the City, of which the Grantee
is made aware, regarding Right-of-Way issues that may impact the Cable System.
10.3 Joint Trenching/Boring Meetings
Grantee will regularly attend and participate in planning meetings of the City, of which the
Grantee is made aware, to anticipate joint trenching and boring. Whenever it is possible and
reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other
providers, licensees, permittees, and franchisees so as to reduce so far as possible the number of
Right-of-Way cuts within the City.
10.4 General Standard
All work authorized and required hereunder shall be done in a safe, thorough and
workmanlike manner. All installations of equipment shall be permanent in nature, durable and
installed in accordance with good engineering practices.
10.5 Permits Required for Construction
Prior to doing any work in the Right-of Way or other public property, Grantee shall apply
for, and obtain, appropriate permits from the City. As part of the permitting process, the City may
impose such conditions and regulations as are necessary for the purpose of protecting any
structures in such Rights-of-Way, proper restoration of such Rights-of-Way and structures, the
protection of the public, and the continuity of pedestrian or vehicular traffic. Such conditions may
also include the provision of a construction schedule and maps showing the location of the facilities
to be installed in the Right-of-Way. Grantee shall pay all applicable fees for the requisite City
permits received by Grantee.
10.6 Emergency Permits
In the event that emergency repairs are necessary, Grantee shall immediately notify the
City of the need for such repairs. Grantee may initiate such emergency repairs, and shall apply for
appropriate permits within 48 hours after discovery of the emergency.
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10.7 Compliance with Applicable Codes
(A) City Construction Codes. Grantee shall comply with all applicable City
construction codes, including, without limitation, the International Building Code and other
building codes, the International Fire Code, the National Electrical Code, the Electronic Industries
Association Standard for Physical Location and Protection of Below-Ground Fiber Optic Cable
Plant, and zoning codes and regulations.
(B) Tower Specifications. Antenna supporting structures (towers) shall be designed for
the proper loading as specified by the Electronics Industries Association (EIA), as those
specifications may be amended from time to time. Antenna supporting structures (towers) shall
be painted, lighted, erected and maintained in accordance with all applicable rules and regulations
of the Federal Aviation Administration and all other applicable federal, State, and local codes or
regulations.
(C) Safety Codes. Grantee shall comply with all federal, State and City safety
requirements, rules, regulations, laws and practices, and employ all necessary devices as required
by Applicable Law during construction, operation and repair of its Cable System. By way of
illustration and not limitation, Grantee shall comply with the National Electric Code, National
Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards.
10.8 GIS Mapping
Grantee shall comply with any generally applicable ordinances, rules and regulations of
the City regarding geographic information mapping systems for users of the Rights-of-Way.
10.9 Minimal Interference
Work in the Right-of-Way, on other public property, near public property, or on or near
private property shall be done in a manner that causes the least interference with the rights and
reasonable convenience of property owners and residents. Grantee’s Cable System shall be
constructed and maintained in such manner as not to interfere with sewers, water pipes, or any
other property of the City, or with any other pipes, wires, conduits, pedestals, structures, or other
facilities that may have been laid in the Rights-of-Way by, or under, the City’s authority. The
Grantee’s Cable System shall be located, erected and maintained so as not to endanger or interfere
with the lives of Persons, or to interfere with new improvements the City may deem proper to
make or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or other public
property, and shall not interfere with the travel and use of public places by the public during the
construction, repair, operation or removal thereof, and shall not obstruct or impede traffic. In the
event of such interference, the City may require the removal or relocation of Grantee’s lines,
cables, equipment and other appurtenances from the property in question at Grantee’s expense.
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10.10 Prevent Injury/Safety
Grantee shall provide and use any equipment and facilities necessary to control and carry
Grantee's signals so as to prevent injury to the City’s property or property belonging to any Person.
Grantee, at its own expense, shall repair, renew, change and improve its facilities to keep them in
good repair, and safe and presentable condition. All excavations made by Grantee in the Rights-
of-Way shall be properly safeguarded for the prevention of accidents by the placement of adequate
barriers, fences or boarding, the bounds of which, during periods of dusk and darkness, shall be
clearly designated by warning lights.
10.11 Hazardous Substances
(A) Grantee shall comply with all Applicable Laws, statutes, regulations and orders
concerning hazardous substances relating to Grantee's Cable System in the Rights-of-Way.
(B) Upon reasonable notice to Grantee, the City may inspect Grantee’s facilities in the
Rights-of-Way to determine if any release of hazardous substances has occurred, or may occur,
from or related to Grantee’s Cable System. In removing or modifying Grantee’s facilities as
provided in this Franchise, Grantee shall also remove all residue of hazardous substances related
thereto.
(C) Grantee agrees to indemnify the City against any claims, costs, and expenses, of
any kind, whether direct or indirect, incurred by the City arising out of a release of hazardous
substances caused by Grantee's Cable System.
10.12 Locates
Prior to doing any work in the Right-of-Way, Grantee shall give appropriate notices to the
City and to the notification association established in C.R.S. § 9-1.5-105, as such may be amended
from time to time. Within 48 hours after any City bureau or franchisee, licensee or permittee
notifies Grantee of a proposed Right-of-Way excavation, Grantee shall, at Grantee's expense:
(A) Mark on the surface all of its located underground facilities within the area of the
proposed excavation;
(B) Notify the excavator of any unlocated underground facilities in the area of the
proposed excavation; or
(C) Notify the excavator that Grantee does not have any underground facilities in the
vicinity of the proposed excavation.
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10.13 Notice to Private Property Owners
Grantee shall give notice to private property owners of work on or adjacent to private
property in accordance with the City’s Customer Service Standards, as the same may be amended
from time to time by the City Council acting by ordinance or resolution.
10.14 Underground Construction and Use of Poles
(A) When required by general ordinances, resolutions, regulations or rules of the City
or applicable State or federal law, Grantee’s Cable System shall be placed underground at
Grantee's expense unless funding is generally available for such relocation to all users of the
Rights-of-Way. Placing facilities underground does not preclude the use of ground-mounted
appurtenances.
(B) Where electric, telephone, and other above-ground utilities are installed
underground at the time of Cable System construction, or when all such wiring is subsequently
placed underground, all Cable System lines shall also be placed underground with other wireline
service at no expense to the City or Subscribers unless funding is generally available for such
relocation to all users of the Rights-of-Way. Related Cable System equipment, such as pedestals,
must be placed in accordance with the City’s applicable code requirements and rules. In areas
where either electric or telephone utility wiring is aerial, the Grantee may install aerial cable,
except when a property owner or resident requests underground installation and agrees to bear the
additional cost in excess of aerial installation.
(C) The Grantee shall utilize existing poles and conduit wherever possible.
(D) In the event Grantee cannot obtain the necessary poles and related facilities
pursuant to a pole attachment agreement, and only in such event, then it shall be lawful for Grantee
to make all needed excavations in the Rights-of-Way for the purpose of placing, erecting, laying,
maintaining, repairing, and removing poles, supports for wires and conductors, and any other
facility needed for the maintenance or extension of Grantee’s Cable System. All poles of Grantee
shall be located as designated by the proper City authorities.
(E) This Franchise does not grant, give or convey to the Grantee the right or privilege
to install its facilities in any manner on specific utility poles or equipment of the City or any other
Person. Copies of agreements for the use of poles, conduits or other utility facilities must be
provided upon request by the City.
(F) The Grantee and the City recognize that situations may occur in the future where
the City may desire to place its own cable or conduit for Fiber Optic cable in trenches or bores
opened by the Grantee. The Grantee agrees to cooperate with the City in any construction by the
Grantee that involves trenching or boring, provided that the City has first notified the Grantee in
some manner that it is interested in sharing the trenches or bores in the area where the Grantee's
construction is occurring. The Grantee shall allow the City to lay its cable, conduit and Fiber Optic
cable in the Grantee's trenches and bores, provided the City shares in the total cost of the trenching
and boring on the same terms and conditions as the Grantee. The City shall be responsible for
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maintaining its respective cable, conduit and Fiber Optic cable buried in the Grantee's trenches and
bores under this paragraph.
10.15 Undergrounding of Multiple Dwelling Unit Drops
In cases of single site Multiple Dwelling Units, Grantee shall minimize the number of
individual aerial drop cables by installing multiple drop cables underground between the pole and
the Multiple Dwelling Units where determined to be technologically feasible in agreement with
the owners and/or owner's association of the Multiple Dwelling Units.
10.16 Burial Standards
(A) Depths. Unless otherwise required by law, Grantee, and its contractors, shall
comply with the following burial depth standards. In no event shall Grantee be required to bury
its cable deeper than electric or gas facilities in the same portion of the Right-of-Way. Grantee
may appeal to the City Engineer for exceptions to the following burial depths due to circumstances
that may include, but need not be limited to, difficult access or conflicts with other uses of the
right-of-way or utility easement. The burial depth standards in this section apply to new or
replaced cable drops buried after the effective date of this Franchise.
(1) New Construction.
(a) Underground cable drops shall be buried at a minimum depth of 24
inches when in rights of way and utility easements.
(b) Underground cable drops shall be buried at a minimum depth of 12
inches when outside Rights-of-Way and utility easements. It is anticipated this will
only occur in a Subscriber’s property.
(2) Existing Construction.
(a) Back yards and Side yards. Underground cable drops shall be
buried at a minimum depth of 12 inches when in Rights-of-Way and utility
easements except as otherwise required herein. Underground cable drops shall be
buried at a minimum depth of 24 inches when in Rights-of-Way and utility
easements for a distance of more than 20 feet.
(b) Front yards. Underground cable drops shall be buried at a
minimum depth of 24 inches when in Rights-of-Way and utility easements.
(c) Streets and Alleys. Underground cable drops shall be buried at a
minimum depth of 24 inches when in Rights-of-Way and utility easements.
(3) Other burial standards.
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(a) Feeder lines shall be buried at a minimum depth of 24 inches.
(b) Trunk lines shall be buried at a minimum depth of 24 inches.
(c) Fiber Optic cable shall be buried at a minimum depth of 36 inches.
In the event of a conflict between this subsection and the provisions of any customer service
standard, this subsection shall control.
(B) Timeliness. Cable drops installed by Grantee to residences shall be buried
according to these standards within one calendar week of initial installation, or at a time mutually-
agreed upon between the Grantee and the Subscriber. When freezing surface conditions prevent
Grantee from achieving such timetable, Grantee shall apprise the Subscriber of the circumstances
and the revised schedule for burial, and shall provide the Subscriber with Grantee's telephone
number and instructions as to how and when to call Grantee to request burial of the line if the
revised schedule is not met.
10.17 Cable Drop Bonding
Grantee shall ensure that all cable drops are properly bonded at the home, consistent with
applicable code requirements.
10.18 Prewiring
Any ordinance or resolution of the City which requires prewiring of subdivisions or other
developments for electrical and telephone service shall be construed to include wiring for Cable
Systems.
10.19 Repair and Restoration of Property
(A) The Grantee shall protect public and private property from damage. If damage
occurs, the Grantee shall promptly notify the property owner within 24 hours in writing.
(B) Whenever Grantee disturbs or damages any Right-of-Way, other public property or
any private property, Grantee shall promptly restore the Right-of-Way or property to at least its
prior condition, normal wear and tear excepted, at its own expense.
(C) Rights-of-Way and Other Public Property. Grantee shall warrant any restoration
work performed by or for Grantee in the Right-of-Way or on other public property in accordance
with Applicable Law. If restoration is not satisfactorily performed by the Grantee within a
reasonable time, the City may, after prior notice to the Grantee, or without notice where the
disturbance or damage may create a risk to public health or safety, cause the repairs to be made
and recover the cost of those repairs from the Grantee. Within 30 days of receipt of an itemized
list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the
City.
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(D) Private Property. Upon completion of the work which caused any disturbance or
damage, Grantee shall promptly commence restoration of private property, and will use best efforts
to complete the restoration within 72 hours, considering the nature of the work that must be
performed. Grantee shall also perform such restoration in accordance with the City’s Customer
Service Standards, as the same may be amended from time to time by the City Council acting by
ordinance or resolution.
10.20 Acquisition of Facilities
Upon Grantee’s acquisition of Cable System-related facilities in any City Right-of-Way,
or upon the addition to the City of any area in which Grantee owns or operates any such facility,
Grantee shall, at the City’s request, submit to the City a statement describing all such facilities
involved, whether authorized by franchise, permit, license or other prior right, and specifying the
location of all such facilities to the extent Grantee has possession of such information. Such Cable
System-related facilities shall immediately be subject to the terms of this Franchise.
10.21 Discontinuing Use/Abandonment of Cable System Facilities
Whenever Grantee intends to discontinue using any facility within the Rights-of-Way,
Grantee shall submit for the City’s approval a complete description of the facility and the date on
which Grantee intends to discontinue using the facility. Grantee may remove the facility or request
that the City permit it to remain in place. Notwithstanding Grantee’s request that any such facility
remain in place, the City may require Grantee to remove the facility from the Right-of-Way or
modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve
the public interest. The City may require Grantee to perform a combination of modification and
removal of the facility. Grantee shall complete such removal or modification in accordance with
a schedule set by the City. Until such time as Grantee removes or modifies the facility as directed
by the City, or until the rights to and responsibility for the facility are accepted by another Person
having authority to construct and maintain such facility, Grantee shall be responsible for all
necessary repairs and relocations of the facility, as well as maintenance of the Right-of-Way, in
the same manner and degree as if the facility were in active use, and Grantee shall retain all liability
for such facility. If Grantee abandons its facilities, the City may choose to use such facilities for
any purpose whatsoever including, but not limited to, Access purposes.
10.22 Movement of Cable System Facilities For City Purposes
The City shall have the right to require Grantee to relocate, remove, replace, modify or
disconnect Grantee’s facilities and equipment located in the Rights-of-Way or on any other
property of the City for public purposes, in the event of an emergency, or when the public health,
safety or welfare requires such change (for example, without limitation, by reason of traffic
conditions, public safety, Right-of-Way vacation, Right-of-Way construction, change or
establishment of Right-of-Way grade, installation of sewers, drains, gas or water pipes, or any
other types of structures or improvements by the City for public purposes). Such work shall be
performed at the Grantee’s expense. Except during an emergency, the City shall provide
reasonable notice to Grantee, not to be less than 45 business days or as otherwise required by
Applicable Law, and allow Grantee with the opportunity to perform such action. In the event of
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any capital improvement project exceeding $500,000 in expenditures by the City which requires
the removal, replacement, modification or disconnection of Grantee’s facilities or equipment, the
City shall provide at least 60 days’ written notice to Grantee. Following notice by the City, Grantee
shall relocate, remove, replace, modify or disconnect any of its facilities or equipment within any
Right-of-Way, or on any other property of the City. If the City requires Grantee to relocate its
facilities located within the Rights-of-Way, the City shall make a reasonable effort to provide
Grantee with an alternate location within the Rights-of-Way. If funds are generally made available
to users of the Rights-of-Way for such relocation, Grantee shall be entitled to its pro rata share of
such funds.
If the Grantee fails to complete this work within the time prescribed and to the City’s
satisfaction, the City may cause such work to be done and bill the cost of the work to the Grantee,
including all costs and expenses incurred by the City due to Grantee’s delay. In such event, the
City shall not be liable for any damage to any portion of Grantee’s Cable System. Within thirty
(30) days of receipt of an itemized list of those costs, the Grantee shall pay the City.
10.23 Movement of Cable System Facilities for Other Franchise Holders
If any removal, replacement, modification or disconnection of the Cable System is required
to accommodate the construction, operation or repair of the facilities or equipment of another City
franchise holder, Grantee shall, after at least thirty (30) days’ advance written notice, take action
to effect the necessary changes requested by the responsible entity. Grantee shall require that the
costs associated with the removal or relocation be paid by the benefited party.
10.24 Temporary Changes for Other Permittees
At the request of any Person holding a valid permit and upon reasonable advance notice,
Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a
building, vehicle, equipment or other item. The expense of such temporary changes must be paid
by the permit holder, and Grantee may require a reasonable deposit of the estimated payment in
advance.
10.25 Reservation of City Use of Right-of-Way
Nothing in this Franchise shall prevent the City or public utilities owned, maintained or
operated by public entities other than the City from constructing sewers; grading, paving, repairing
or altering any Right-of-Way; laying down, repairing or removing water mains; or constructing or
establishing any other public work or improvement. All such work shall be done, insofar as
practicable, so as not to obstruct, injure or prevent the use and operation of Grantee’s Cable
System.
10.26 Tree Trimming
Grantee may prune or cause to be pruned, using proper pruning practices, any tree in the
City’s Rights-of-Way which interferes with Grantee’s Cable System. Grantee shall comply with
any general ordinance or regulations of the City regarding tree trimming. Except in emergencies,
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Grantee may not prune trees at a point below 30 feet above sidewalk grade until one-week written
notice has been given to the owner or occupant of the premises abutting the Right-of-Way in or
over which the tree is growing. The owner or occupant of the abutting premises may prune such
tree at their own expense during this one-week period. If the owner or occupant fails to do so,
Grantee may prune such tree at its own expense. For purposes of this section, emergencies exist
when it is necessary to prune to protect the public or Grantee’s facilities from imminent danger
only.
10.27 Inspection of Construction and Facilities
The City may inspect any of Grantee’s facilities, equipment or construction at any time
upon at least 24 hours’ notice, or, in case of emergency, upon demand without prior notice. The
City shall have the right to charge generally applicable inspection fees therefore. If an unsafe
condition is found to exist, the City, in addition to taking any other action permitted under
Applicable Law, may order Grantee, in writing, to make the necessary repairs and alterations
specified therein forthwith to correct the unsafe condition by a time the City establishes. The City
has the right to correct, inspect, administer and repair the unsafe condition if Grantee fails to do
so, and to charge Grantee therefore.
10.28 Stop Work
(A) On notice from the City that any work is being performed contrary to the provisions
of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation
of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may
immediately be stopped by the City.
(B) The stop work order shall:
(1) Be in writing;
(2) Be given to the Person doing the work, or posted on the work site;
(3) Be sent to Grantee by overnight delivery at the address given herein;
(4) Indicate the nature of the alleged violation or unsafe condition; and
(5) Establish conditions under which work may be resumed.
10.29 Work of Contractors and Subcontractors
Grantee’s contractors and subcontractors shall be licensed and bonded in accordance with
the City’s ordinances, regulations and requirements. Work by contractors and subcontractors is
subject to the same restrictions, limitations and conditions as if the work were performed by
Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors
and others performing work on its behalf as if the work were performed by it, and shall ensure that
all such work is performed in compliance with this Franchise and other Applicable Law, and shall
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be jointly and severally liable for all damages and correcting all damage caused by them. It is
Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing
work on Grantee’s behalf are familiar with the requirements of this Franchise and other Applicable
Law governing the work performed by them.
SECTION 11. CABLE SYSTEM, TECHNICAL STANDARDS AND TESTING
11.1 Subscriber Network
(A) Grantee’s Cable System shall consist of a mix of fiber to the premises and HFC and
shall provide Activated Two-Way capability. The Cable System shall be capable of supporting
video and audio. The Cable System shall deliver the greater of one hundred (100) or the maximum
number of Channels of digital video programming services to Subscribers that Grantee provides
to any other jurisdiction in Colorado, provided that the Grantee reserves the right to seek
modification of this obligation based on changes in consumer behavior, programming availability,
or response to competition, which modification shall not be unreasonably denied upon Grantee
showing it continues to provide broad categories of video programming and other services.
(B) Equipment must be installed so that all closed captioning programming received by
the Cable System shall include the closed caption signal so long as the closed caption signal is
provided consistent with FCC standards. Equipment must be installed so that all local signals
received in stereo or with secondary audio tracks (broadcast and Access) are retransmitted in those
same formats.
(C) All construction shall be subject to the City’s permitting process.
(D) Grantee and City shall meet, at the City’s request, to discuss the progress of the
design plan and construction.
(E) Grantee will take prompt corrective action if it finds that any facilities or equipment
on the Cable System are not operating as expected, or if it finds that facilities and equipment do
not comply with the requirements of this Franchise or Applicable Law.
(F) Grantee's construction decisions shall be based solely upon legitimate engineering
decisions and shall not take into consideration the income level of any particular community within
the Franchise Area.
11.2 Technology Assessment
(A) The City may notify Grantee on or after five years after the Effective Date, that the
City will conduct a technology assessment of Grantee’s Cable System. The technology assessment
may include, but is not limited to, determining whether Grantee's Cable System technology and
performance are consistent with current technical practices and range and level of services existing
in the 15 largest U.S. cable systems owned and operated by Grantee’s Parent Corporation or
Affiliates pursuant to franchises that have been renewed or extended since the Effective Date.
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(B) Grantee shall cooperate with the City to provide necessary non-confidential and
proprietary information upon the City’s reasonable request as part of the technology assessment.
(C) At the discretion of the City, findings from the technology assessment may be
included in any proceeding commenced for the purpose of identifying future cable-related
community needs and interests undertaken by the City pursuant to 47 U.S.C. § 546.
11.3 Standby Power
In the event of loss of commercial power, Grantee’s Cable System Headend shall be
capable of providing at least 24 hours of continuous emergency operation.
Grantee shall maintain standby power system supplies that will supply back-up power
throughout the distribution networks including all nodes and amplifiers.
In addition, throughout the term of this Franchise, Grantee shall have a plan in place, along
with all resources necessary for implementing such plan, for dealing with commercial outages of
more than 2 hours duration so that Grantee can react to power outages prior to the standby
capabilities being exhausted. This outage plan and evidence of requisite implementation resources
shall be presented to the City no later than 30 days following receipt of a request.
11.4 Emergency Alert Capability
Grantee shall provide an operating Emergency Alert System (“EAS”) throughout the term
of this Franchise in compliance with FCC standards. Grantee shall test the EAS as required by the
FCC. Upon request, the City shall be permitted to participate in or witness the EAS testing up to
twice a year on a schedule formed in consultation with Grantee. If the test indicates that the EAS
is not performing properly, Grantee shall make any necessary adjustment to the EAS, and the EAS
shall be retested.
11.5 Technical Performance
The technical performance of the Cable System shall meet or exceed all applicable federal
(including, but not limited to, the FCC), State and local technical standards, as they may be
amended from time to time, regardless of the transmission technology utilized. The City shall
have the full authority permitted by Applicable Law to enforce compliance with these technical
standards.
11.6 Cable System Performance Testing
(A) Grantee shall provide to the City a copy of its current written process for
resolving complaints about the quality of the video programming services signals delivered to
Subscriber and shall provide the City with any amendments or modifications to the process at
such time as they are made.
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(B) Grantee shall, at Grantee’s expense, maintain all aggregate data of Subscriber
complaints related to the quality of the video programming service signals delivered by Grantee
in the City for a period of at least one year, and individual Subscriber complaints from the City for
a period of at least three years, and make such information available to the City upon reasonable
request.
(C) Grantee shall maintain written records of all results of its Cable System tests,
performed by or for Grantee. Copies of such test results will be provided to the City upon
reasonable request.
(D) Grantee shall perform any tests required by the FCC.
11.7 Additional Tests
Where there exists other evidence which in the judgment of the City casts doubt upon the
reliability or technical quality of Cable Service, the City shall have the right and authority to
require Grantee to test, analyze and report on the performance of the Cable System. Grantee shall
fully cooperate with the City in performing such testing and shall prepare the results and a report,
if requested, within 30 days after testing. Such report shall include the following information:
(A) the nature of the complaint or problem which precipitated the special tests;
(B) the Cable System component tested;
(C) the equipment used and procedures employed in testing;
(D) the method, if any, in which such complaint or problem was resolved; and
(E) any other information pertinent to said tests and analysis which may be required.
SECTION 12. SERVICE AVAILABILITY
(A) In General. Except as otherwise provided in herein, Grantee shall provide Cable
Service within seven days of a request by any Person within the City. For purposes of this Section,
a request shall be deemed made on the date of signing a service agreement, receipt of funds by
Grantee, receipt of a written request by Grantee or receipt by Grantee of a verified verbal request.
Except as otherwise provided herein, Grantee shall provide such service:
(1) With no line extension charge except as specifically authorized elsewhere
in this Franchise Agreement.
(2) At a non-discriminatory installation charge for a standard installation,
consisting of a 125-foot drop connecting to an inside wall for Residential Subscribers, with
additional charges for non-standard installations computed according to a non-
discriminatory methodology for such installations, adopted by Grantee and provided in
writing to the City;
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(3) At non-discriminatory monthly rates for Residential Subscribers.
(4) Undergrounding of Drops. In any area where the Grantee would be entitled
to install a drop above-ground, if requested by the subscriber the Grantee will provide the
subscriber the option to have the drop installed underground, but may charge the subscriber
the difference between the actual cost of the above-ground installation and the actual cost
of the underground installation.
(B) Service to Multiple Dwelling Units. Consistent with this Section 12, the Grantee
shall offer the individual units of a Multiple Dwelling Unit all Cable Services offered to other
Dwelling Units in the City and shall individually wire units upon request of the property owner or
renter who has been given written authorization by the owner; provided, however, that any such
offering is conditioned upon the Grantee having legal access to said unit. The City acknowledges
that the Grantee cannot control the dissemination of particular Cable Services beyond the point of
demarcation at a Multiple Dwelling Unit.
(C) Customer Charges for Extensions of Service. Grantee agrees to extend its Cable
System to all persons living in areas with a residential density of 35 residences per mile of Cable
System plant. If the residential density is less than 35 residences per 5,280 cable-bearing strand feet
of trunk or distribution cable, service may be made available on the basis of a capital contribution in
aid of construction, including cost of material, labor and easements. For the purpose of determining
the amount of capital contribution in aid of construction to be borne by the Grantee and customers in
the area in which service may be expanded, the Grantee will contribute an amount equal to the
construction and other costs per mile, multiplied by a fraction whose numerator equals the actual
number of residences per 5,280 cable-bearing strand feet of its trunk or distribution cable and whose
denominator equals 35. Customers who request service hereunder will bear the remainder of the
construction and other costs on a pro-rata basis. The Grantee may require that the payment of the
capital contribution in aid of construction borne by such potential customers be paid in advance.
(D) Annexations. In the event that the City annexes territory that is not being provided
Cable Service by the Grantee or an Affiliate of Grantee, Grantee agrees that it will extend its Cable
System into the newly annexed territory under the terms of this Section 12. If there is another cable
operator serving the newly annexed area that has entered into a franchise agreement with the City,
Grantee has the right, but not the obligation to serve the newly annexed area. If Grantee finds it
convenient for any of the annexed territory to be served by an Affiliate versus the Grantee, the rights,
benefits and obligations of this Franchise shall apply to such Affiliate for the annexed area, without
the need for transfer approval of the City. By way of example, an Affiliate would be permitted to
serve an annexed area provided that it offered the same Cable Services at the same prices, as offered
by Grantee throughout the City.
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SECTION 13. FRANCHISE VIOLATIONS
13.1 Procedure for Remedying Franchise Violations
(A) If the City reasonably believes that Grantee has failed to perform any obligation
under this Franchise or has failed to perform in a timely manner, the City shall notify Grantee in
writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have
thirty (30) days from the receipt of such notice to:
(1) respond to the City, contesting the City's assertion that a default has
occurred, and requesting a meeting in accordance with section (B), below;
(2) cure the default; or,
(3) notify the City that Grantee cannot cure the default within the thirty (30)
days, because of the nature of the default. In the event the default cannot be cured within
thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and
notify the City in writing and in detail as to the exact steps that will be taken and the
projected completion date. In such case, the City may set a meeting in accordance with
section (B) below to determine whether additional time beyond the thirty (30) days
specified above is indeed needed, and whether Grantee's proposed completion schedule
and steps are reasonable.
(B) If Grantee does not cure the alleged default within the cure period stated above, or
by the projected completion date under Section 13.1(A)(3), or denies the default and requests a
meeting in accordance with Section 13.1(A)(1), or the City orders a meeting in accordance with
Section 13.1(A)(3), the City shall set a meeting to investigate said issues or the existence of the
alleged default. The City shall notify Grantee of the meeting in writing and such meeting shall
take place no less than thirty (30) days after Grantee’s receipt of notice of the meeting. At the
meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its
defense.
(C) If, after the meeting, the City determines that a default exists, the City reserves the
right to seek any remedy that may be available at law or in equity, including without limitation,
revocation, and Grantee reserves the right to assert any defenses it may have to the City’s position.
(D) No provision of this Franchise shall be deemed to bar the right of the City to seek
or obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation,
requirement or directive promulgated thereunder. Neither the existence of other remedies
identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the
right of the City to recover monetary damages for such violations by Grantee, or to seek and obtain
judicial enforcement of Grantee's obligations by means of specific performance, injunctive relief
or mandate, or any other remedy at law or in equity.
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13.2 Procedures in the Event of Termination or Revocation
(A) If this Franchise expires without renewal after completion of all processes available
under this Franchise and federal law or is otherwise lawfully terminated or revoked, the City may,
subject to Applicable Law:
(1) Allow Grantee to maintain and operate its Cable System on a month-to-
month basis or short-term extension of this Franchise for not less than six (6) months,
unless a sale of the Cable System can be closed sooner or Grantee demonstrates to the
City’s satisfaction that it needs additional time to complete the sale; or
(2) Purchase Grantee's Cable System in accordance with the procedures set
forth in Section 13.3, below.
(B) In the event that a sale has not been completed in accordance with Sections
13.2(A)(1) or (A)(2) above, the City may order the removal of the above-ground Cable System
facilities and such underground facilities from the City at Grantee's sole expense within a
reasonable period of time as determined by the City. In removing its plant, structures and
equipment, Grantee shall refill, at is own expense, any excavation that is made by it and shall leave
all Rights-of-Way, public places and private property in as good condition as that prevailing prior
to Grantee's removal of its equipment without affecting the electrical or telephone cable wires or
attachments. The indemnification and insurance provisions and the letter of credit shall remain in
full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees
not to request, compensation of any sort therefore.
(C) If Grantee fails to complete any removal required by Section 13.2(B) to the City’s
satisfaction, after written notice to Grantee, the City may cause the work to be done and Grantee
shall reimburse the City for the costs incurred within 30 days after receipt of an itemized list of the
costs, or the City may recover the costs through the letter of credit provided by Grantee.
(D) The City may seek legal and equitable relief to enforce the provisions of this
Franchise.
13.3 Purchase of Cable System
(A) If at any time this Franchise is revoked, terminated, or not renewed upon expiration
in accordance with the provisions of federal law, the City shall have the option to purchase the
Cable System.
(B) The City may, at any time thereafter, offer in writing to purchase Grantee’s Cable
System. Grantee shall have 30 days from receipt of a written offer from the City within which to
accept or reject the offer.
(C) In any case where the City elects to purchase the Cable System, the purchase shall
be closed within 120 days of the date of the City’s audit of a current profit and loss statement of
Grantee. The City shall pay for the Cable System in cash or certified funds, and Grantee shall
deliver appropriate bills of sale and other instruments of conveyance.
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(D) For the purposes of this Section, the price for the Cable System shall be determined
as follows:
(1) In the case of the expiration of the Franchise without renewal, at fair market
value determined on the basis of Grantee's Cable System valued as a going concern, but
with no value allocated to the Franchise itself. In order to obtain the fair market value, this
valuation shall be reduced by the amount of any lien, encumbrance, or other obligation of
Grantee which the City would assume.
(2) In the case of revocation for cause, the equitable price of Grantee's Cable
System.
13.4 Receivership and Foreclosure
(A) At the option of the City, subject to Applicable Law, this Franchise may be revoked
120 days after the appointment of a receiver or trustee to take over and conduct the business of
Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding,
unless:
(1) The receivership or trusteeship is vacated within 120 days of appointment;
or
(2) The receivers or trustees have, within 120 days after their election or
appointment, fully complied with all the terms and provisions of this Franchise, and have
remedied all defaults under the Franchise. Additionally, the receivers or trustees shall have
executed an agreement duly approved by the court having jurisdiction, by which the
receivers or trustees assume and agree to be bound by every term, provision and limitation
of this Franchise.
(B) If there is a foreclosure or other involuntary sale of the whole or any part of the
plant, property and equipment of Grantee, the City may serve notice of revocation on Grantee and
to the purchaser at the sale, and the rights and privileges of Grantee under this Franchise shall be
revoked 30 days after service of such notice, unless:
(1) The City has approved the transfer of the Franchise, in accordance with the
procedures set forth in this Franchise and as provided by law; and
(2) The purchaser has covenanted and agreed with the City to assume and be
bound by all of the terms and conditions of this Franchise.
13.5 No Monetary Recourse Against the City
Grantee shall not have any monetary recourse against the City or its officers, officials,
boards, commissions, agents or employees for any loss, costs, expenses or damages arising out of
any provision or requirement of this Franchise or the enforcement thereof, in accordance with the
provisions of applicable federal, State and local law. The rights of the City under this Franchise
are in addition to, and shall not be read to limit, any immunities the City may enjoy under federal,
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State or local law.
13.6 Effect of Abandonment
If the Grantee abandons its Cable System during the Franchise term, or fails to operate its
Cable System in accordance with its duty to provide continuous service, the City, at its option,
may operate the Cable System; designate another entity to operate the Cable System temporarily
until the Grantee restores service under conditions acceptable to the City, or until the Franchise is
revoked and a new franchisee is selected by the City; or obtain an injunction requiring the Grantee
to continue operations. If the City is required to operate or designate another entity to operate the
Cable System, the Grantee shall reimburse the City or its designee for all reasonable costs,
expenses and damages incurred.
13.7 What Constitutes Abandonment
The City shall be entitled to exercise its options in Section 13.6 if:
(A) The Grantee fails to provide Cable Service in accordance with this Franchise over
a substantial portion of the Franchise Area for 4 consecutive days, unless the City authorizes a
longer interruption of service; or
(B) The Grantee, for any period, willfully and without cause refuses to provide Cable
Service in accordance with this Franchise.
SECTION 14. FRANCHISE RENEWAL AND TRANSFER
14.1 Renewal
(A) The City and Grantee agree that any proceedings undertaken by the City that relate
to the renewal of the Franchise shall be governed by and comply with the provisions of Section
626 of the Cable Act, unless the procedures and substantive protections set forth therein shall be
deemed to be preempted and superseded by the provisions of any subsequent provision of
Applicable Law.
(B) In addition to the procedures set forth in said Section 626(a), the City agrees to
notify Grantee of the completion of its assessments regarding the identification of future cable-
related community needs and interests, as well as the past performance of Grantee under the then-
current Franchise term. Notwithstanding anything to the contrary set forth herein, Grantee and the
City agree that at any time during the term of the then current Franchise, while affording the public
adequate notice and opportunity for comment, the City and Grantee may agree to undertake and
finalize negotiations regarding renewal of the then current Franchise and the City may grant a
renewal thereof. Grantee and the City consider the terms set forth in this section to be consistent
with the express provisions of Section 626 of the Cable Act.
(C) Should the Franchise expire without a mutually agreed upon renewed Franchise
Agreement and Grantee and the City are engaged in an informal or formal renewal process, the
Franchise shall continue on a month-to-month basis so long as consistent with the City Charter,
EXHIBIT A TO ORDINANCE NO. 160, 2025
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with the same terms and conditions as provided in the Franchise, and the Grantee and the City
shall continue to comply with all obligations and duties under the Franchise.
14.2 Transfer of Ownership or Control
(A) The Cable System and this Franchise shall not be sold, assigned, transferred, leased
or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger
or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property
therein pass to or vest in any Person or entity without the prior written consent of the City, which
consent shall be by the City Council, acting by ordinance or resolution.
(B) The Grantee shall promptly notify the City of any actual or proposed change in, or
transfer of, or acquisition by any other party of control of the Grantee. The word “control” as used
herein is not limited to majority stockholders but includes actual working control in whatever
manner exercised. Every change, transfer or acquisition of control of the Grantee shall make this
Franchise subject to cancellation unless and until the City shall have consented in writing thereto.
(C) The parties to the sale or transfer shall make a written request to the City for its
approval of a sale or transfer and furnish all information required by law and the City.
(D) In seeking the City’s consent to any change in ownership or control, the proposed
transferee shall indicate whether it:
(1) Has ever been convicted or held liable for acts involving deceit including
any violation of federal, State, or local law or regulations, or is currently under an
indictment, investigation or complaint charging such acts;
(2) Has ever had a judgment in an action for fraud, deceit, or misrepresentation
entered against the proposed transferee by any court of competent jurisdiction;
(3) Has pending any material legal claim, lawsuit, or administrative proceeding
arising out of or involving a cable system or a broadband system;
(4) Is financially solvent, by submitting financial data including financial
statements that are audited by a certified public accountant who may also be an officer of
the transferee, along with any other data that the City may reasonably require; and
(5) Has the financial, legal and technical capability to enable it to maintain and
operate the Cable System for the remaining term of the Franchise.
(E) The City shall act by ordinance on the request within 120 days of the request,
provided it has received all information required by this Franchise or by Applicable Law. The
City and the Grantee may by mutual agreement, at any time, extend the 120-day period. Subject
to the foregoing, if the City fails to render a final decision on the request within 120 days, such
request shall be deemed granted unless the requesting party and the City agree to an extension of
time.
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(F) Within 30 days of any transfer or sale, if approved or deemed granted by the City,
Grantee shall file with the City a copy of the deed, agreement, lease or other written instrument
evidencing such sale or transfer of ownership or control, certified and sworn to as correct by
Grantee and the transferee, and the transferee shall file its written acceptance agreeing to be bound
by all of the provisions of this Franchise, subject to Applicable Law. In the event of a change in
control in which the Grantee is not replaced by another entity, the Grantee will continue to be
bound by all of the provisions of the Franchise, subject to Applicable Law, and will not be required
to file an additional written acceptance.
(G) In reviewing a request for sale or transfer, the City may inquire into the legal,
technical and financial qualifications of the prospective controlling party or transferee, and Grantee
shall assist the City in so inquiring. The City may condition said sale or transfer upon such terms
and conditions as it deems reasonably appropriate, in accordance with Applicable Law.
(H) Notwithstanding anything to the contrary in this section, the prior approval of the
City shall not be required for any sale, assignment or transfer of the Franchise or Cable System to
an entity controlling, controlled by or under the same common control as Grantee, provided that
the proposed assignee or transferee must show financial responsibility as may be determined
necessary by the City and must agree in writing to comply with all of the provisions of the
Franchise. Further, Grantee may pledge the assets of the Cable System for the purpose of financing
without the consent of the City; provided that such pledge of assets shall not impair or mitigate
Grantee’s responsibilities and capabilities to meet all of its obligations under the provisions of this
Franchise.
SECTION 15. SEVERABILITY
If any section, paragraph, term or provision of this Franchise is determined to be illegal,
invalid or unconstitutional by any court or agency of competent jurisdiction, such determination
shall have no effect on the validity of any other section, paragraph, term or provision of this
Franchise, all of which will remain in full force and effect for the term of the Franchise.
SECTION 16. MISCELLANEOUS PROVISIONS
16.1 Preferential or Discriminatory Practices Prohibited
NO DISCRIMINATION IN EMPLOYMENT. In connection with the performance of
work under this Franchise, the Grantee agrees not to refuse to hire, discharge, promote or demote,
or discriminate in matters of compensation against any Person otherwise qualified, solely because
of race, color, religion, national origin, gender, age, military status, sexual orientation, marital
status, or physical or mental disability; and the Grantee further agrees to insert the foregoing
provision in all subcontracts hereunder. Throughout the term of this Franchise, Grantee shall fully
comply with all equal employment or non-discrimination provisions and requirements of
Applicable Law, and in particular, FCC rules and regulations relating thereto.
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16.2 Notices
Throughout the term of the Franchise, each party shall maintain and file with the other a
local address for the service of notices by mail. All notices shall be sent overnight delivery postage
prepaid to such respective address and such notices shall be effective upon the date of mailing.
These addresses may be changed by the City or the Grantee by written notice at any time. At the
Effective Date of this Franchise:
Grantee's address shall be:
COMCAST OF CALIFORNIA/COLORADO/FLORIDA/OREGON, INC.
8000 E. Iliff Ave.
Denver, CO 80231
Attn: Government Affairs
With a copy to:
Comcast Cable
Attn: Government Affairs Department
1701 JFK Blvd, 49th Floor
Philadelphia, PA 19103
The City’s address shall be:
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80521
Attn: City Manager
With a copy to:
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80521
Attn: City Attorney
16.3 Descriptive Headings
The headings and titles of the sections of this Franchise are for reference purposes only,
and shall not affect the meaning or interpretation of the text herein.
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16.4 Publication Costs to be Borne by Grantee
Grantee shall reimburse the City for all costs incurred in publishing this Franchise, if such
publication is required.
16.5 Binding Effect
This Franchise shall be binding upon the parties hereto, their permitted successors and
assigns.
16.6 No Joint Venture
Nothing herein shall be deemed to create a joint venture or principal-agent relationship
between the parties, and neither party is authorized to, nor shall either party act toward third
Persons or the public in any manner which would indicate any such relationship with the other.
16.7 Waiver
The failure of the City at any time to require performance by the Grantee of any provision
hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the
waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any
succeeding breach of such provision, or as a waiver of the provision itself or any other provision.
16.8 Reasonableness of Consent or Approval
Whenever under this Franchise “reasonableness” is the standard for the granting or denial
of the consent or approval of either party hereto, such party shall be entitled to consider public and
governmental policy, moral and ethical standards as well as business and economic considerations.
16.9 Entire Agreement
This Franchise and all Exhibits represent the entire understanding and agreement between
the parties hereto with respect to the subject matter hereof and supersede all prior oral negotiations
between the parties.
16.10 Jurisdiction
Venue for any judicial dispute between the City and Grantee arising under or out of this
Franchise shall be in Larimer County District Court, Colorado, or in the United States District
Court in Denver.
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IN WITNESS WHEREOF, this Franchise is signed in the name of the City of Fort Collins,
Colorado this day of , 2025.
ATTEST: CITY OF FORT COLLINS,
COLORADO:
City Clerk Mayor
APPROVED AS TO FORM: RECOMMENDED AND APPROVED:
City Attorney City Manager
Accepted and approved this _____ day of _________, 2025.
COMCAST OF
CALIFORNIA/COLORADO/FLORIDA/OREGON, INC.
Name:
Title:
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Item 14.
EXHIBIT A: REPORT FORM
Comcast
Quarterly Executive Summary -
Section 7.6 (B) of our Franchise Agreement
Quarter Ending ___________, Year
FORT COLLINS, COLORADO
Number of Calls
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Type of Complaint
Accessibility
Billing, Credit and Refunds
Courtesy
Drop Bury
Installation
Notices/Easement Issues (Non-Rebuild)
Pedestal
Problem Resolution
Programming
Property Damage (Non-Rebuild)
Rates
Rebuild/Upgrade Damage
Rebuild/Upgrade Notices/Easement Issues
Reception/Signal Quality
Safety
Service and Install Appointments
Service Interruptions
Serviceability
TOTAL
Compliments
EXHIBIT A TO ORDINANCE NO. 160, 2025
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EXHIBIT B: CUSTOMER SERVICE STANDARDS
Introduction
The purpose of the Standards is to establish uniform requirements for the quality of service cable
operators are expected to offer their customers in the City of Fort Collins (the “City” or “Franchise
Authority”) area. The Standards are subject to change from time to time.
The Franchise Authority encourages the Cable Operator to exceed these standards in their day-to-
day operations and as such, understands that the Cable Operator may modify their operations in
exceeding these standards.
The Standards incorporate the Customer Service Obligations published by the Federal
Communications Commission (Section 76.309), April, 1993 and customer service standards of
cable television service providers operating in Colorado. Based upon the City’s assessment of the
needs of citizens, the City has adopted, modified and created standards specially tailored to the
City, based upon the model standards adopted by the Colorado Communications and Utility
Alliance (the “CCUA”).
The Standards require the cable operator, in certain circumstances, to post a security fund or letter
of credit ensuring Customer Service. The security fund is to be used when the cable company fails
to respond to a citizen complaint that the franchising authority determines is valid, and to provide
a mechanism by which to impose remedies for noncompliance. It is the sincere hope and intention
of the City that the security fund will never need to be drawn upon; however, the City believes that
some enforcement measures are necessary.
CITY OF FORT COLLINS
CUSTOMER SERVICE STANDARDS
I. POLICY
The Cable Operator should resolve citizen complaints without delay and interference from the
Franchising Authority.
Where a given complaint is not addressed by the Cable Operator to the citizen's satisfaction, the
Franchising Authority should intervene. In addition, where a pattern of unremedied complaints or
noncompliance with the Standards is identified, the Franchising Authority should prescribe a cure
and establish a reasonable deadline for implementation of the cure. If the noncompliance is not
cured within established deadlines, monetary sanctions should be imposed to encourage
compliance and deter future non-compliance.
These Standards are intended to be of general application, and are expected to be met under normal
operating conditions; however, the Cable Operator shall be relieved of any obligations hereunder
if it is unable to perform due to a region-wide natural emergency or in the event of force majeure
affecting a significant portion of the franchise area. The Cable Operator is free to exceed these
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Standards to the benefit of its Customers and such shall be considered performance for the
purposes of these Standards.
These Standards supersede any contradictory or inconsistent provision in federal, state or local law
(Source: 47 U.S.C. §§ 552(a)(1) and (d)), provided, however, that any provision in federal, state
or local law, or in any original franchise agreement or renewal agreement, that imposes a higher
obligation or requirement than is imposed by these Standards, shall not be considered contradictory
or inconsistent with these Standards. In the event of a conflict between these Standards and a
Franchise Agreement, the Franchise Agreement shall control.
These Standards apply to the provision of any Cable Service, provided by a Cable Operator over
a Cable System, within the City of Fort Collins.
II. DEFINITIONS
When used in these Customer Service Standards (the “Standards”), the following words, phrases,
and terms shall have the meanings given below.
“Adoption” shall mean the process necessary to formally enact the Standards within the
Franchising Authority's jurisdiction under applicable ordinances and laws.
“Affiliate” shall mean any person or entity that is owned or controlled by, or under common
ownership or control with, a Cable Operator, and provides any Cable Service or Other Service.
“Applicable Law” means, with respect to these standards and any Cable Operator’s privacy
policies, any statute, ordinance, judicial decision, executive order or regulation having the force
and effect of law, that determines the legal standing of a case or issue.
“Cable Operator” shall mean any person or group of persons (A) who provides Cable Service over
a Cable System and directly or through one or more affiliates owns a significant interest in such
cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System. Source: 47 U.S.C. § 522(5).
“Cable Service” shall mean (A) the one-way transmission to subscribers of (i) video programming,
or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the
selection or use of such video programming or other programming service. Source: 47 U.S.C. §
522(6). For purposes of this definition, “video programming” is programming provided by, or
generally considered comparable to programming provided by a television broadcast station.
Source: 47 U.S.C. § 522(20). “Other programming service” is information that a Cable Operator
makes available to all subscribers generally. Source: 47 U.S.C. § 522(14).
“Cable System” shall mean a facility, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide Cable
Service which includes video programming and which is provided to multiple subscribers within
a community, but such term does not include: (A) a facility that serves only to retransmit the
televisions signals of one or more television broadcast stations, or (B) a facility that serves
subscribers without using any public right of way. Source: 47 U.S.C. § 522(7).
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“Colorado Communications and Utilities Alliance” or “CCUA” shall mean an association
comprised primarily of local governmental subdivisions of the State of Colorado, or any successor
entity. The CCUA may, on behalf of its members, be delegated the authority to review, investigate
or otherwise take some related role in the administration or enforcement of any functions under
these Standards.
“Contractor” shall mean a person or entity that agrees by contract to furnish materials or perform
services for another at a specified consideration.
“Customer” shall mean any person who receives any Cable Service from a Cable Operator.
“Customer Service Representative” (or “CSR”) shall mean any person employed with or under
contract or subcontract to a Cable Operator to assist, or provide service to, customers, whether by
telephone, writing service or installation orders, answering customers' questions in person,
receiving and processing payments, or performing any other customer service-related tasks.
“Escalated complaint” shall mean a complaint that is referred to a Cable Operator by the
Franchising Authority.
“Franchising Authority” shall mean the City.
“Necessary” shall mean required or indispensable.
“Non-cable-related purpose” shall mean any purpose that is not necessary to render or conduct a
legitimate business activity related to a Cable Service or Other Service provided by a Cable
Operator to a Customer. Market research, telemarketing, and other marketing of services or
products that are not related to a Cable Service or Other Service provided by a Cable Operator to
a Customer shall be considered Non-cable-related purposes.
“Normal business hours” shall mean those hours during which most similar businesses in the
community are open to serve customers. In all cases, “normal business hours” must include at
least some evening hours one night per week, and include some weekend hours. Source: 47 C.F.R.
§ 76.309.
“Normal operating conditions” shall mean those service conditions which are within the control
of a Cable Operator. Conditions which are not within the control of a Cable Operator include, but
are not necessarily limited to, natural disasters, civil disturbances, power outages, telephone
network outages, and severe or unusual weather conditions. Conditions which are ordinarily
within the control of a Cable Operator include, but are not necessarily limited to, special
promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and
maintenance or upgrade to the Cable System.
“Other Service(s)” shall mean any wire or radio communications service provided using any of
the facilities of a Cable Operator that are used in the provision of Cable Service.
“Personally Identifiable Information” shall mean specific information about an identified
Customer, including, but not be limited to, a Customer's (a) login information for the use of Cable
Service and management of a Customer’s Cable Service account, (b) extent of viewing of video
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Item 14.
programming or Other Services, (c) shopping choices, (d) interests and opinions, (e) energy uses,
(f) medical information, (g) banking data or information, or (h) any other personal or private
information. “Personally Identifiable Information” shall not mean any aggregate information
about Customers which does not identify particular persons, or information gathered by a Cable
Operator necessary to install, repair or service equipment or Cable System facilities at a
Customer’s premises.
“Service interruption” or “interruption” shall mean the loss or substantial impairment of picture or
sound on one or more cable television channels.
“Service outage” or “outage” shall mean a loss or substantial impairment in reception on all
channels.
“Subcontractor” shall mean a person or entity that enters into a contract to perform part or all of
the obligations of another's contract.
“City” shall mean the City of Fort Collins, Colorado.
“Writing” or “written” as the term applies to notification shall include electronic communications.
Any terms not specifically defined in these Standards shall be given their ordinary meaning, or
where otherwise defined in applicable federal law, such terms shall be interpreted consistent with
those definitions.
III. CUSTOMER SERVICE
A. Courtesy
Cable Operator employees, contractors and subcontractors shall be courteous, knowledgeable and
helpful and shall provide effective and satisfactory service in all contacts with customers.
B. Accessibility
1. A Cable Operator shall provide customer service centers/business offices (“Service
Centers”) which are conveniently located, and which are open during Normal Business
Hours. Service Centers shall be fully staffed with Customer Service Representatives offering the
following services to Customers who come to the Service Center: bill payment, equipment
exchange, processing of change of service requests, and response to Customer inquiries and
request.
Unless otherwise requested by the City, a Cable Operator shall post a sign at each Service Center,
visible from the outside of the Service Center, advising Customers of its hours of operation and of
the telephone number at which to contact the Cable Operator if the Service Center is not open at
the times posted.
The Cable Operator shall use commercially reasonable efforts to implement and promote “self-
help” tools and technology, in order to respond to the growing demand of Customers who wish to
interact with the Cable Operator on the Customer’s own terms and timeline and at their own
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convenience, without having to travel to a Service Center. Without limitation, examples of self-
help tools or technology may include self-installation kits to Customers upon request; pre-paid
mailers for the return of equipment upon Customer request; an automated phone option for
Customer bill payments; and equipment exchanges at a Customer’s residence in the event of
damaged equipment. A Cable Operator shall provide free exchanges of faulty equipment at the
customer's address if the equipment has not been damaged in any manner due to the fault or
negligence of the customer.
2. A Cable Operator shall maintain local telephone access lines that shall be available twenty-
four (24) hours a day, seven (7) days a week for service/repair requests and billing/service
inquiries.
3. A Cable Operator shall have dispatchers and technicians on call twenty-four (24) hours a
day, seven (7) days a week, including legal holidays.
4. If a customer service telephone call is answered with a recorded message providing the
customer with various menu options to address the customer’s concern, the recorded message must
provide the customer the option to connect to and speak with a CSR within sixty (60) seconds of
the commencement of the recording. During Normal Business Hours, a Cable Operator shall retain
sufficient customer service representatives and telephone line capacity to ensure that telephone
calls to technical service/repair and billing/service inquiry lines are answered by a customer service
representative within thirty (30) seconds or less from the time a customer chooses a menu option
to speak directly with a CSR or chooses a menu option that pursuant to the automated voice
message, leads to a direct connection with a CSR. Under normal operating conditions, this thirty
(30) second telephone answer time requirement standard shall be met no less than ninety (90)
percent of the time measured quarterly.
5. Under normal operating conditions, a customer shall not receive a busy signal more than
three percent (3%) of the time. This standard shall be met ninety (90) percent or more of the time,
measured quarterly.
C. Responsiveness
1. Guaranteed Seven-Day Residential Installation
a. A Cable Operator shall complete all standard residential installations or
modifications to service requested by customers within seven (7) business days after the order is
placed, unless a later date for installation is requested. “Standard” residential installations are
those located up to one hundred twenty five (125) feet from the existing distribution system. If
the customer requests a nonstandard residential installation, or the Cable Operator determines that
a nonstandard residential installation is required, the Cable Operator shall provide the customer in
advance with a total installation cost estimate and an estimated date of completion.
b. All underground cable drops to the home shall be buried at a depth of no less than
twelve inches (12”), or such other depth as may be required by the Franchise Agreement or local
code provisions, or if there are no applicable Franchise or code requirements, at such other depths
as may be agreed to by the parties if other construction concerns preclude the twelve inch
EXHIBIT A TO ORDINANCE NO. 160, 2025
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requirement , and within no more than one calendar week from the initial installation, or at a time
mutually agreed upon between the Cable Operator and the customer.
2. Residential Installation and Service Appointments
a. The “appointment window” alternatives for specific installations, service calls, or
other installation activities will be either a specific time, or at a maximum, a four (4) hour time
block between the hours of 8:00 a.m. and 6:00 p.m., six (6) days per week. A Cable Operator may
schedule service calls and other installation activities outside of the above days and hours for the
express convenience of customers. For purposes of this section “appointment window” means the
period of time in which the representative of the Cable Operator must arrive at the customer’s
location.
b. A Cable Operator may not cancel an appointment with a customer after the close
of business on the business day prior to the scheduled appointment, unless the customer’s issue
has otherwise been resolved.
c. If a Cable Operator is running late for an appointment with a customer and will not
be able to keep the appointment as scheduled, the Cable Operator shall take reasonable efforts to
contact the customer promptly, but in no event later than the end of the appointment window. The
appointment will be rescheduled, as necessary at a time that is convenient to the customer, within
Normal Business Hours or as may be otherwise agreed to between the customer and Cable
Operator.
d. A Cable Operator shall be deemed to have responded to a request for service under
the provisions of this section when a technician arrives within the agreed upon time, and, if the
customer is absent when the technician arrives, the technician leaves written notification of arrival
and return time, and a copy of that notification is kept by the Cable Operator. In such
circumstances, the Cable Operator shall contact the customer within forty-eight (48) hours.
3. Residential Service Interruptions
a. In the event of system outages resulting from Cable Operator equipment failure, the
Cable Operator shall correct such failure within 2 hours after the 3rd customer call is received.
b. All other service interruptions resulting from Cable Operator equipment failure
shall be corrected by the Cable Operator by the end of the next calendar day.
c. Records of Complaints.
i. A Cable Operator shall keep an accurate and comprehensive file of any
complaints regarding the cable system or its operation of the cable system, in a manner
consistent with the privacy rights of customers, and the Cable Operator's actions in
response to those complaints. These files shall remain available for viewing by the
Franchising Authority during normal business hours at the Cable Operator’s business
office, and shall be retained by the Cable Operator for a period of at least three (3) years.
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ii. Upon written request a Cable Operator shall provide the Franchising
Authority an executive summary quarterly, which shall include information concerning
customer complaints referred by the Franchising Authority to the Grantee and any other
requirements of a Franchise Agreement but no personally identifiable information. These
summaries shall be provided within fifteen (15) days after the end of each quarter. Once a
request is made, it need not be repeated and quarterly executive summaries shall be
provided by the Cable Operator until notified in writing by the Franchising Authority that
such summaries are no longer required.
iii. Upon written request a summary of service requests, identifying the number
and nature of the requests and their disposition, shall also be completed by the Cable
Operator for each quarter and submitted to the Franchising Authority by the fifteenth (15th)
day of the month after each calendar quarter. Once a request is made, it need not be
repeated and quarterly summary of service requests shall be provided by the Cable
Operator until notified in writing by the Franchising Authority that such summaries are no
longer required. Complaints shall be broken out by the nature of the complaint and the
type of Cable service subject to the complaint.
d. Records of Service Interruptions and Outages. A Cable Operator shall maintain
records of all outages and reported service interruptions. Such records shall indicate the type of
cable service interrupted, including the reasons for the interruptions. A log of all service
interruptions shall be maintained and provided to the Franchising Authority quarterly, upon written
request, within fifteen (15) days after the end of each quarter. Such records shall be submitted to
the Franchising Authority with the records identified in Section 3.c.ii above if so requested in
writing, and shall be retained by the Cable Operator for a period of three (3) years.
e. All service outages and interruptions for any cause beyond the control of the Cable
Operator shall be corrected within thirty-six (36) hours, after the conditions beyond its control
have been corrected.
4. TV Reception
a. A Cable Operator shall provide clear television reception that meets or exceeds
technical standards established by the United States Federal Communications Commission (the
“FCC”). A Cable Operator shall render efficient service, make repairs promptly, and interrupt
service only for good cause and for the shortest time possible. Scheduled interruptions shall be
preceded by notice and shall occur during periods of minimum use of the system, preferably
between midnight and six a.m. (6:00 a.m.).
b. If a customer experiences poor video or audio reception attributable to a Cable
Operator's equipment, the Cable Operator shall:
i. Assess the problem within one (1) day of notification;
ii. Communicate with the customer regarding the nature of the problem and
the expected time for repair;
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iii. Complete the repair within two (2) days of assessing the problem unless
circumstances exist that reasonably require additional time.
c. If an appointment is necessary to address any video or audio reception problem, the
customer may choose a block of time described in Section III.C.2.a. At the customer’s request,
the Cable Operator shall repair the problem at a later time convenient to the customer, during
Normal Business Hours or at such other time as may be agreed to by the customer and Cable
Operator. A Cable Operator shall maintain periodic communications with a customer during the
time period in which problem ascertainment and repair are ongoing, so that the customer is advised
of the status of the Cable Operator’s efforts to address the problem.
5. Problem Resolution
A Cable Operator’s customer service representatives shall have the authority to provide credit for
interrupted service, to waive fees, to schedule service appointments and to change billing cycles,
where appropriate. Any difficulties that cannot be resolved by the customer service representative
shall be referred to the appropriate supervisor who shall contact the customer within four (4) hours
and resolve the problem within forty eight (48) hours or within such other time frame as is
acceptable to the customer and the Cable Operator.
6. Billing, Credits, and Refunds
a. In addition to other options for payment of a customer’s service bill, a Cable
Operator shall make available a telephone payment option where a customer without account
irregularities can enter payment information through an automated system, without the necessity
of speaking to a CSR.
b. A Cable Operator shall allow at least thirty (30) days from the beginning date of
the applicable service period for payment of a customer's service bill for that period. If a
customer's service bill is not paid within that period of time the Cable Operator may apply an
administrative fee to the customer's account. The administrative fee must reflect the average costs
incurred by the Cable Operator in attempting to collect the past due payment in accordance with
applicable law. If the customer's service bill is not paid within forty-five (45) days of the beginning
date of the applicable service period, the Cable Operator may perform a “soft” disconnect of the
customer's service. If a customer's service bill is not paid within fifty-two (52) days of the
beginning date of the applicable service period, the Cable Operator may disconnect the customer's
service, provided it has provided two (2) weeks notice to the customer that such disconnection
may result.
c. The Cable Operator shall issue a credit or refund to a customer within 30 days after
determining the customer's entitlement to a credit or refund.
d. Whenever the Cable Operator offers any promotional or specially priced service(s)
its promotional materials shall clearly identify and explain the specific terms of the promotion,
including but not limited to manner in which any payment credit will be applied.
7. Treatment of Property
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To the extent that a Franchise Agreement does not contain the following procedures for treatment
of property, Operator shall comply with the procedures set forth in this Section.
a. A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other
landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator
during installation or construction shall be restored to their prior condition or replaced within seven
(7) days, unless seasonal conditions require a longer time, in which case such restoration or
replacement shall be made within seven (7) days after conditions permit. Trees and shrubs on
private property shall not be removed without the prior permission of the owner or legal tenant of
the property on which they are located. This provision shall be in addition to, and shall not
supersede, any requirement in any franchise agreement.
b. A Cable Operator shall, at its own cost and expense, and in a manner approved by
the property owner and the Franchising Authority, restore any private property to as good condition
as before the work causing such disturbance was initiated. A Cable Operator shall repair, replace
or compensate a property owner for any damage resulting from the Cable Operator's installation,
construction, service or repair activities. If compensation is requested by the customer for damage
caused by any Cable Operator activity, the Cable Operator shall reimburse the property owner one
hundred (100) percent of the actual cost of the damage.
c. Except in the case of an emergency involving public safety or service interruption
to a large number of customers, a Cable Operator shall give reasonable notice to property owners
or legal tenants prior to entering upon private premises, and the notice shall specify the work to be
performed; provided that in the case of construction operations such notice shall be delivered or
provided at least twenty-four (24) hours prior to entry, unless such notice is waived by the
customer. For purposes of this section, “reasonable notice” shall be considered:
i. For pedestal installation or similar major construction, seven
(7) days.
ii. For routine maintenance, such as adding or dropping service,
tree trimming and the like, reasonable notice given the circumstances.
Unless a Franchise Agreement has a different requirement, reasonable
notice shall require, at a minimum, prior notice to a property owner or
tenant, before entry is made onto that person’s property.
iii. For emergency work a Cable Operator shall attempt to
contact the property owner or legal tenant in person, and shall leave a door
hanger notice in the event personal contact is not made. Door hangars must
describe the issue and provide contact information where the property
owner or tenant can receive more information about the emergency work.
Nothing herein shall be construed as authorizing access or entry to private property, or any
other property, where such right to access or entry is not otherwise provided by law.
d. Cable Operator personnel shall clean all areas surrounding any work site and ensure
that all cable materials have been disposed of properly.
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D. Services for Customers with Disabilities
1. For any customer with a disability, a Cable Operator shall deliver and pick up equipment
at customers' homes at no charge unless the malfunction was caused by the actions of the customer.
In the case of malfunctioning equipment, the technician shall provide replacement equipment,
hook it up and ensure that it is working properly, and shall return the defective equipment to the
Cable Operator.
2. A Cable Operator shall provide either TTY, TDD, TYY, VRS service or other similar
service that are in compliance with the Americans With Disabilities Act and other applicable law,
with trained operators who can provide every type of assistance rendered by the Cable Operator's
customer service representatives for any hearing-impaired customer at no charge.
3. A Cable Operator shall provide free use of a remote control unit to mobility-impaired (if
disabled, in accordance with Section III.D.4) customers.
4. Any customer with a disability may request the special services described above by
providing a Cable Operator with a letter from the customer's physician stating the need, or by
making the request to the Cable Operator's installer or service technician, where the need for the
special services can be visually confirmed.
E. Cable Services Information
1. At any time a customer or prospective customer may request, a Cable Operator shall
provide the following information, in clear, concise written form, easily accessible and located on
Cable Operator’s website (and in Spanish, when requested by the customer):
a. Products and services offered by the Cable Operator, including its channel lineup;
b. The Cable Operator's complete range of service options and the prices for these
services;
c. The Cable Operator's billing, collection and disconnection policies;
d. Privacy rights of customers;
e. All applicable complaint procedures, including complaint forms and the telephone
numbers and mailing addresses of the Cable Operator, and the FCC;
f. Use and availability of parental control/lock out device;
g. Special services for customers with disabilities;
h. Days, times of operation, and locations of the service centers;
2. At a Customer’s request, a Cable Operator shall make available either a complete copy of
these Standards and any other applicable customer service standards, or a summary of these
Standards, in a format to be approved by CCUA and the Franchising Authority, which shall include
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at a minimum, the URL address of a website containing these Standards in their entirety; provided
however, that if the CCUA or Franchising Authority does not maintain a website with a complete
copy of these Standards, a Cable Operator shall be under no obligation to do so;
If acceptable to a customer, Cable Operator may fulfill customer requests for any of the
information listed in this Section by making the requested information available electronically,
such as on a website or by electronic mail.
3. Upon written request, a Cable Operator shall meet annually with the Franchising Authority
to review the format of the Cable Operator’s bills to customers. Whenever the Cable Operator
makes substantial changes to its billing format, it will contact the Franchising Authority at least
thirty (30) days prior to the time such changes are to be effective, in order to inform the Franchising
Authority of such changes.
4. Copies of notices provided to the customer in accordance with section 5 below shall be
filed (by fax or email acceptable) concurrently with the Franchising Authority and the CCUA.
5. A Cable Operator shall provide customers with written notification of any change in rates
for nondiscretionary cable services, and for service tier changes that result in a deletion of
programming from a customer’s service tier, at least thirty (30) days before the effective date of
change. For purposes of this section, “nondiscretionary” means the subscribed tier and any other
Cable Services that a customer has subscribed to, at the time the change in rates are announced by
the Cable Operator.
6. All officers, agents, and employees of the Cable Operator or its contractors or
subcontractors who are in personal contact with customers or when working on public property,
shall wear on their outer clothing identification cards bearing their name and photograph and
identifying them as representatives of the Cable Operator. The Cable Operator shall account for
all identification cards at all times. Every vehicle of the Cable Operator shall be clearly visually
identified to the public as working for the Cable Operator. Whenever a Cable Operator work crew
is in personal contact with customers or public employees, a supervisor must be able to
communicate clearly with the customer or public employee. Every vehicle of a subcontractor or
contractor shall be labeled with the name of the contractor and further identified as contracting or
subcontracting for the Cable Operator.
7. Each CSR, technician or employee of the Cable Operator in each contact with a customer
shall state the estimated cost of the service, repair, or installation orally prior to delivery of the
service or before any work is performed, and shall provide the customer with an oral statement of
the total charges before terminating the telephone call or before leaving the location at which the
work was performed. A written estimate of the charges shall be provided to the customer before
the actual work is performed.
F. Customer Privacy
1. Cable Customer Privacy. In addition to complying with the requirements in this section, a
Cable Operator shall fully comply with all obligations under 47 U.S.C. Section 551.
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2. Collection and Use of Personally Identifiable Information.
a. A Cable Operator shall not use the Cable System to collect, monitor or observe
Personally Identifiable Information without the prior affirmative written or electronic consent of
the Customer unless, and only to the extent that such information is: (i) used to detect unauthorized
reception of cable communications, or (ii) necessary to render a Cable Service or Other Service
provided by the Cable Operator to the Customer and as otherwise authorized by applicable law.
b. A Cable Operator shall take such actions as are necessary using then-current
industry standard practices to prevent any Affiliate from using the facilities of the Cable Operator
in any manner, including, but not limited to, sending data or other signals through such facilities,
to the extent such use will permit an Affiliate unauthorized access to Personally Identifiable
Information on equipment of a Customer (regardless of whether such equipment is owned or leased
by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator
that are used in the provision of Cable Service. This section F.2.b shall not be interpreted to
prohibit an Affiliate from obtaining access to Personally Identifiable Information to the extent
otherwise permitted by this section F.
c. A Cable Operator shall take such actions as are necessary using then-current
industry standard practices to prevent a person or entity (other than an Affiliate) from using the
facilities of the Cable Operator in any manner, including, but not limited to, sending data or other
signals through such facilities, to the extent such use will permit such person or entity unauthorized
access to Personally Identifiable Information on equipment of a Customer (regardless of whether
such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any
of the facilities of the Cable Operator that are used in the provision of Cable Service.
3. Disclosure of Personally Identifiable Information. A Cable Operator shall not disclose
Personally Identifiable Information without the prior affirmative written or electronic consent of
the Customer, unless otherwise authorized by applicable law.
a. A minimum of thirty (30) days prior to making any disclosure of Personally
Identifiable Information of any Customer for any Non-Cable related purpose as provided in this
section F.3.a, where such Customer has not previously been provided the notice and choice
provided for in section III.F.9, the Cable Operator shall notify each Customer (that the Cable
Operator intends to disclose information about) of the Customer's right to prohibit the disclosure
of such information for Non-cable related purposes. The notice to Customers may reference the
Customer to their options to state a preference for disclosure or non-disclosure of certain
information, as provided in section III.F.10.
b. A Cable Operator may disclose Personally Identifiable Information only to the
extent that it is necessary to render, or conduct a legitimate business activity related to, a Cable
Service or Other Service provided by the Cable Operator to the Customer.
c. To the extent authorized by applicable law, a Cable Operator may disclose
Personally Identifiable Information pursuant to a subpoena, court order, warrant or other valid
legal process authorizing such disclosure.
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4. Access to Information. Any Personally Identifiable Information collected and maintained
by a Cable Operator shall be made available for Customer examination within thirty (30) days of
receiving a request by a Customer to examine such information about themselves at the local
offices of the Cable Operator or other convenient place within the City designated by the Cable
Operator, or electronically, such as over a website. Upon a reasonable showing by the Customer
that such Personally Identifiable Information is inaccurate, a Cable Operator shall correct such
information.
5. Privacy Notice to Customers
a. A Cable Operator shall annually mail or provide a separate, written or electronic
copy of the privacy statement to Customers consistent with 47 U.S.C. Section 551(a)(1), and shall
provide a Customer a copy of such statement at the time the Cable Operator enters into an
agreement with the Customer to provide Cable Service. The written notice shall be in a clear and
conspicuous format, which at a minimum, shall be in a comparable font size to other general
information provided to Customers about their account as it appears on either paper or electronic
Customer communications.
b. In or accompanying the statement required by section F.5.a, a Cable Operator shall
state substantially the following message regarding the disclosure of Customer information:
"Unless a Customer affirmatively consents electronically or in writing to the disclosure of
personally identifiable information, any disclosure of personally identifiable information for
purposes other than to the extent necessary to render, or conduct a legitimate business activity
related to, a Cable Service or Other Service, is limited to:
i. Disclosure pursuant to valid legal process authorized by applicable law.
ii. Disclosure of the name and address of a Customer subscribing to any
general programming tiers of service and other categories of Cable Services provided by
the Cable Operator that do not directly or indirectly disclose: (A) A Customer's extent of
viewing of a Cable Service or Other Service provided by the Cable Operator; (B) The
extent of any other use by a Customer of a Cable Service; (C) The nature of any transactions
made by a Customer over the Cable System; or (D) The nature of programming or websites
that a Customer subscribes to or views (i.e., a Cable Operator may only disclose the fact
that a person subscribes to a general tier of service, or a package of channels with the same
type of programming), provided that with respect to the nature of websites subscribed to
or viewed, these are limited to websites accessed by a Customer in connection with
programming available from their account for Cable Services.
The notice shall also inform the Customers of their right to prohibit the disclosure of their names
and addresses in accordance with section F.3.a. If a Customer exercises their right to prohibit the
disclosure of name and address as provided in section F.3.a or this section, such prohibition against
disclosure shall remain in effect, unless and until the Customer subsequently changes their
disclosure preferences as described in section F.9 below.
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6. Privacy Reporting Requirements. The Cable Operator shall include in its regular periodic
reports to the Franchising Authority required by its Franchise Agreement information
summarizing:
a. The type of Personally Identifiable Information that was actually collected or
disclosed by Cable Operator during the reporting period;
b. For each type of Personally Identifiable Information collected or disclosed, a
statement from an authorized representative of the Cable Operator certifying that the Personally
Identifiable Information collected or disclosed was: (A) collected or disclosed to the extent
Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other
Service provided by the Cable Operator; (B) used to the extent Necessary to detect unauthorized
reception of cable communications: (C) disclosed pursuant to valid legal process authorized by
applicable law; or (D) a disclosure of Personally Identifiable Information of particular subscribers,
but only to the extent affirmatively consented to by such subscribers in writing or electronically,
or as otherwise authorized by applicable law.
c. The standard industrial classification (SIC) codes or comparable identifiers
pertaining to any entities to whom such Personally Identifiable Information was disclosed, except
that a Cable Operator need not provide the name of any court or governmental entity to which such
disclosure was made pursuant to valid legal process authorized by applicable law;
d. The general measures that have been taken to prevent the unauthorized access to
Personally Identifiable Information by a person other than the Customer or the Cable Operator. A
Cable Operator shall meet with Franchising Authority if requested to discuss technology used to
prohibit unauthorized access to Personally Identifiable Information by any means.
7. Nothing in this section III.F shall be construed to prevent the Franchising Authority from
obtaining Personally Identifiable Information to the extent not prohibited by Section 631 of the
Communications Act, 47 U.S.C. Section 551 and applicable laws.
8. Destruction of Personally Identifiable Information. A Cable Operator shall destroy any
Personally Identifiable Information if the information is no longer necessary for the purpose for
which it was collected and there are no pending requests or orders for access to such information
under section III.F.4, pursuant to a court order or other valid legal process, or pursuant to applicable
law.
9. Notice and Choice for Customers. The Cable Operator shall at all times make available to
Customers one or more methods for Customers to use to prohibit or limit disclosures, or permit or
release disclosures, as provided for in this section III.F. These methods may include, for example,
online website “preference center” features, automated toll-free telephone systems, live toll-free
telephone interactions with customer service agents, in-person interactions with customer service
personnel, regular mail methods such as a postage paid, self-addressed post card, an insert included
with the Customer’s monthly bill for Cable Service, the privacy notice specified in section III.F.5,
or such other comparable methods as may be provided by the Cable Operator. Website “preference
center” features shall be easily identifiable and navigable by Customers, and shall be in a
comparable size font as other billing information provided to Customers on a Cable Operator’s
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website. A Customer who provides the Cable Operator with permission to disclose Personally
Identifiable Information through any of the methods offered by a Cable Operator shall be provided
follow-up notice, no less than annually, of the Customer’s right to prohibit these disclosures and
the options for the Customer to express their preference regarding disclosures. Such notice shall,
at a minimum, be provided by an insert in the Cable Operator’s bill (or other direct mail piece) to
the Customer or a notice or message printed on the Cable Operator’s bill to the Customer, and on
the Cable Operator’s website when a Customer logs in to view their Cable Service account options.
The form of such notice shall also be provided on an annual basis to the Franchising Authority.
These methods of notification to Customers may also include other comparable methods as
submitted by the Cable Operator and approved by the Franchising Authority in its reasonable
discretion.
G. Safety
A Cable Operator shall install and locate its facilities, cable system, and equipment in compliance
with all federal, state, local, and company safety standards, and in such manner as shall not unduly
interfere with or endanger persons or property. Whenever a Cable Operator receives notice that
an unsafe condition exists with respect to its equipment, the Cable Operator shall investigate such
condition immediately, and shall take such measures as are necessary to remove or eliminate any
unsafe condition.
H. Cancellation of New Services
In the event that a new customer requests installation of Cable Service and is unsatisfied with their
initial Cable Service, and provided that the customer so notifies the Cable Operator of their
dissatisfaction within 30 days of initial installation, then such customer can request disconnection
of Cable Service within 30 days of initial installation, and the Cable Operator shall provide a credit
to the customer’s account consistent with this Section. The customer will be required to return all
equipment in good working order; provided such equipment is returned in such order, then the
Cable Operator shall refund the monthly recurring fee for the new customer’s first 30 days of Cable
Service and any charges paid for installation. This provision does not apply to existing customers
who request upgrades to their Cable Service, to discretionary Cable Service such as PPV or movies
purchased and viewed On Demand, or to customer moves or transfers of Cable Service. The
service credit shall be provided in the next billing cycle.
IV. COMPLAINT PROCEDURE
A. Complaints to a Cable Operator
1. A Cable Operator shall establish written procedures for receiving, acting upon, and
resolving customer complaints, and crediting customer accounts and shall have such procedures
printed and disseminated at the Cable Operator's sole expense, consistent with Section III.E.1.e of
these Standards.
2. Said written procedures shall prescribe a simple manner in which any customer may submit
a complaint by telephone or in writing to a Cable Operator that it has violated any provision of
these Customer Service Standards, any terms or conditions of the customer's contract with the
Cable Operator, or reasonable business practices. If a representative of the Franchising Authority
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notifies the Cable Operator of a customer complaint that has not previously been made by the
customer to the Cable Operator, the complaint shall be deemed to have been made by the customer
as of the date of the Franchising Authority’s notice to the Cable Operator.
3. At the conclusion of the Cable Operator's investigation of a customer complaint, but in no
more than ten (10) calendar days after receiving the complaint, the Cable Operator shall notify the
customer of the results of its investigation and its proposed action or credit.
4. A Cable Operator shall also notify the customer of the customer's right to file a complaint
with the Franchising Authority in the event the customer is dissatisfied with the Cable Operator's
decision, and shall thoroughly explain the necessary procedures for filing such complaint with the
Franchising Authority.
5. A Cable Operator shall immediately report all customer Escalated complaints that it does
not find valid to the Franchising Authority.
6. A Cable Operator's complaint procedures shall be filed with the Franchising Authority
prior to implementation.
B. Complaints to the Franchising Authority
1. Any customer who is dissatisfied with any proposed decision of the Cable Operator or who
has not received a decision within the time period set forth below shall be entitled to have the
complaint reviewed by the Franchising Authority.
2. The customer may initiate the review either by calling the Franchising Authority or by
filing a written complaint together with the Cable Operator's written decision, if any, with the
Franchising Authority.
3. The customer shall make such filing and notification within twenty (20) days of receipt of
the Cable Operator's decision or, if no decision has been provided, within thirty (30) days after
filing the original complaint with the Cable Operator.
4. If the Franchising Authority decides that further evidence is warranted, the Franchising
Authority shall require the Cable Operator and the customer to submit, within ten (10) days of
notice thereof, a written statement of the facts and arguments in support of their respective
positions.
5. The Cable Operator and the customer shall produce any additional evidence, including any
reports from the Cable Operator, which the Franchising Authority may deem necessary to an
understanding and determination of the complaint.
6. The Franchising Authority shall issue a determination within fifteen (15) days of receiving
the customer complaint, or after examining the materials submitted, setting forth its basis for the
determination.
7. The Franchising Authority may extend these time limits for reasonable cause and may
intercede and attempt to negotiate an informal resolution.
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C. Security Fund or Letter of Credit
A Cable operator shall comply with any Franchise Agreement regarding Letters of Credit. If a
Franchise Agreement is silent on Letter of Credit the following shall apply:
1. Within thirty (30) days of the written notification to a Cable Operator by the Franchising
Authority that an alleged Franchise violation exists, a Cable Operator shall deposit with an escrow
agent approved by the Franchising Authority fifty thousand dollars ($50,000) or, in the sole
discretion of the Franchising Authority, such lesser amount as the Franchising Authority deems
reasonable to protect subscribers within its jurisdiction. Alternatively, at the Cable Operator’s
discretion, it may provide to the Franchising Authority an irrevocable letter of credit in the same
amount. A letter of credit or cash deposit, with the approval of the Franchising Authority, may be
posted jointly for more than one member of the CCUA, and may be administered, and drawn upon,
jointly by the CCUA or drawn upon individually by each member; provided however that if such
letter of credit or cash deposit is provided to CCUA on behalf of more than one of its members,
the letter of credit or cash deposit may, in the sole discretion of CCUA and its effected members,
be required in an amount not to exceed one hundred thousand dollars ($100,000).
The escrowed funds or letter of credit shall constitute the "Security Fund" for ensuring
compliance with these Standards for the benefit of the Franchising Authority. The escrowed funds
or letter of credit shall be maintained by a Cable Operator at the amount initially required, even if
amounts are withdrawn pursuant to any provision of these Standards, until any claims related to
the alleged Franchise violation(s) are paid in full.
2. The Franchising Authority may require the Cable Operator to increase the amount of the
Security Fund, if it finds that new risk factors exist which necessitate such an increase.
3. The Security Fund shall serve as security for the payment of any penalties, fees, charges or
credits as provided for herein and for the performance by a Cable Operator of all its obligations
under these Customer Service Standards.
4. The rights reserved to the Franchising Authority with respect to the Security Fund are in
addition to all other rights of the Franchising Authority, whether reserved by any applicable
franchise agreement or authorized by law, and no action, proceeding or exercise of a right with
respect to same shall in any way affect, or diminish, any other right the Franchising Authority may
otherwise have.
D. Verification of Compliance
A Cable Operator shall establish its compliance with any or all of the standards required through
annual reports that demonstrate said compliance, or as requested by the Franchising Authority.
E. Procedure for Remedying Violations
1. If the Franchising Authority has reason to believe that a Cable Operator has failed to
comply with any of these Standards, or has failed to perform in a timely manner, the Franchising
Authority may pursue the procedures in its Franchise Agreement to address violations of these
Standards in a like manner as other franchise violations are considered.
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2. Following the procedures set forth in any Franchise Agreement governing the manner to
address alleged Franchise violations, if the Franchising Authority determines in its sole discretion
that the noncompliance has been substantiated, in addition to any remedies that may be provided
in the Franchise Agreement, the Franchising Authority may:
a. Impose assessments of up to one thousand dollars ($1,000.00) per day, to be
withdrawn from the Security Fund in addition to any franchise fee until the non-compliance is
remedied;
b. Order such rebates and credits to affected customers as in its sole discretion it
deems reasonable and appropriate for degraded or unsatisfactory services that constituted
noncompliance with these Standards;
c. Reverse any decision of the Cable Operator in the matter;
d. Grant a specific solution as determined by the Franchising Authority; or
e. Except for in emergency situations, withhold licenses and permits for work by the
Cable Operator or its subcontractors in accordance with applicable law.
V. MISCELLANEOUS
A. Severability
Should any section, paragraph, term, or provision of these Standards be determined to be
illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with regard
thereto, such determination shall have no effect on the validity of any other section, paragraph,
term, or provision of these Standards, each of the latter of which shall remain in full force and
effect.
B. Non-Waiver
Failure to enforce any provision of these Standards shall not operate as a waiver of the
obligations or responsibilities of a Cable Operator under said provision, or any other provision of
these Standards.
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EXHIBIT C: RETURN LINES
City Return Line:
300 LaPorte Avenue, Fort Collins
Carnegie Building: FC Public Media
200 Matthews Street, Fort Collins
Poudre School District Return Line:
2407 LaPorte Avenue, Fort Collins
Colorado State University Return Line: Lory Student Center, 1101 Center Avenue Mall, Fort
Collins
EXHIBIT A TO ORDINANCE NO. 160, 2025
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Item 14.
File Attachments for Item:
15. First Reading of Ordinance No. 161, 2025, Repealing Sections 12-110 through 12-112
of the Code of the City of Fort Collins Regarding the Disclosure of Radon Information in
Real Estate Transactions.
The purpose of this item is to repeal Chapter 12, Article VI of the City Code, which requires that
a seller of residential real estate in the City of Fort Collins provide radon information to the buyer
of the residential real estate.
Colorado Revised Statutes Section 38-35.7-112 also requires the disclosure of radon
information to buyers of residential real estate, and the repeal of Chapter 12, Article VI of the
City Code will eliminate overlapping requirements for sellers in residential real estate
transactions with respect to radon disclosures.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Emily Olivo, Lead Specialist, Environmental Sustainability
Selina Lujan de Albers, Manager, Environmental Sustainability
Jacob Castillo, Director, Sustainability Services
SUBJECT
First Reading of Ordinance No. 161, 2025, Repealing Sections 12-110 through 12-112 of the Code
of the City of Fort Collins Regarding the Disclosure of Radon Information in Real Estate
Transactions.
EXECUTIVE SUMMARY
The purpose of this item is to repeal Chapter 12, Article VI of the City Code, which requires that a seller of
residential real estate in the City of Fort Collins provide radon information to the buyer of the residential
real estate.
Colorado Revised Statutes Section 38-35.7-112 also requires the disclosure of radon information to buyers
of residential real estate, and the repeal of Chapter 12, Article VI of the City Code will eliminate overlapping
requirements for sellers in residential real estate transactions with respect to radon disclosures.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Since June 1997, Chapter 12, Article VI of the City Code has required that every property seller provide
radon information to the purchaser prior to the execution of any contract for the property. The radon
information has been simply defined as “information produced and disseminated by the Office of
Sustainability Services.” Historically, staff has provided realtors with City developed and branded
informational pamphlets detailing the risks of radon, the importance of testing, and resources for mitigation.
In June of 2023, the Colorado State Senate passed SB23-206 (Attachment 1), which significantly expands
statewide requirements around radon disclosure. The state law mandates that every contract for sale of a
residential property must contain a disclosure of the seller’s knowledge of the radon concentrations at the
residential property, including past test results, mitigation history, and any installed radon reduction
systems. The statute also requires sellers to use specific statements and information in its radon
disclosures to the buyer as a part of a residential real estate transaction. A residential property includes:
(1) a single-family home, manufactured home, mobile home, condominium, apartment, townhome, or
duplex; or (2) a home sold by the owner, a financial institution, or the United States Department of Housing
and Urban Development.
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
A distinctive provision of SB23-206 (codified in Colorado Revised Statutes Section 38-12-803) is the
extension of radon disclosure requirements to rental properties. Landlords are now required to provide
written disclosures to potential tenants prior to signing a lease. These disclosures include: (1) a radon
warning statement issued by the Colorado Department of Public Health and Environment (CDPHE), (2)
any known radon test results and related documentation, (3) descriptions of any mitigation systems or prior
remediation, and (4) a copy of the most recent CDPHE brochure on radon in real estate transactions.
Tenants must sign the disclosure acknowledging receipt. Additionally, tenants may void the lease and
vacate the property if landlords fail to provide this information or fail to mitigate high radon levels within 180
days of notification from a radon measurement professional.
Considerations
Disclosure Requirements: The state requirements are more specific and comprehensive than local
requirements regarding what radon information must be disclosed. For example, sellers must provide
copies of radon test results to potential buyers. The City’s local ordinance simply requires information about
radon more generally to be provided.
Informational Materials: In recent years, City staff have disseminated the materials from the state radon
office (see Attachment 2), rather than City-created materials, to help avoid unnecessary repetition or
confusion. The materials and information have been provided through annual radon presentations to the
Fort Collins Board of Realtors, the annual Radon Awareness Event, other radon outreach events
throughout the year, and to any community members that request them. Additionally, staff provides radon
test kits through reduced-price sales at the Senior Center and for free through Healthy Homes assessments
and events. These outreach and education efforts will continue as normal if the local ordinance is repealed.
Mitigation: This repeal would not impact the Council adoption of Appendix F of the International
Residential Code, requiring the installation of passive radon reduction systems in all single-and two-family
dwellings built after 2005.
CITY FINANCIAL IMPACTS
No financial impacts. The City will maintain current level of funds for continued education and outreach.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Air Quality Advisory Board (AQAB) was consulted regarding the repeal of this Ordinance. The AQAB
expressed approval for the repeal to simplify requirements on behalf of sellers and property managers.
PUBLIC OUTREACH
Staff contacted the Fort Collins Board of Realtors to better understand the perspective of the real estate
community regarding the state level disclosure requirements. The Board expressed that a repeal of the
local disclosure requirement would be welcomed, and that there has been confusion in the real estate
community due to multiple layers of requirements. The Board appreciates actions such as this that would
help simplify a complex legal landscape for realtors and brokers.
According to the City Rental Housing Program, there have not been any comments or questions received
from landlords regarding the state radon disclosure requirements.
To date, staff has received few inquiries or complaints regarding the disclosure requirements. A search of
historical radon inquiries in Access Fort Collins revealed a single 2023 submission from a realtor asking
how the new state law would affect the local ordinance.
ATTACHMENTS
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
1. Colorado Revised Statutes 2024 Title 38 (attached as link only)
2. Radon and Real Estate Transactions in Colorado
3. Ordinance No. 161, 2025
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Item 15.
SOLD
RAD N
in
REAL ESTATE & RENTAL
TRANSACTIONS
in Colorado
February 2024
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Item 15.
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Item 15.
More often, informed home buyers and renters are having radon
tests performed before finishing the transaction. Discovering
elevated radon concentrations doesn’t mean you need to walk
away from the deal! Testing for and mitigating radon is easy and
affordable.
Radon Is an
Invisible,
Radioactive Gas
Understanding Radon
Radon Occurs Naturally
Radon is an invisible, radioactive gas created from natural
deposits of uranium and radium in the soil. Radon is easily drawn
into homes through cracks and gaps in the foundation and can
reach concentrations that increase the potential for developing
lung cancer.
Although there are rare cases where radon comes from building
materials, the major source of radon in Colorado homes comes
from natural deposits of uranium and radium commonly found in
Colorado’s soil. It is rarely caused by mankind like other
environmental concerns.
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Item 15.
Radon Levels are High in Colorado
Data collected by the Colorado
Department of Public Health and
Environment indicates that
approximately 50% of homes in Colorado
have radon levels higher than the U.S.
Environmental Protection Agency
(EPA)-recommended action level of 4
picocuries per liter of air (pCi/L). All of
Colorado, not just the mountains or
foothills, is considered to be at high risk
for elevated indoor radon levels.
Radon levels can be elevated in a variety of structures:
● New and old homes.
● Homes built on all types of foundations, including
slab-on-grade, crawl spaces, and basements.
● Multifamily buildings
Radon Exposure Causes Lung Cancer
As uranium and radium breaks down in the
soil, radon gas is created. Radon is then
pulled into homes by a natural stack effect,
releasing solid radioactive particles that can
be inhaled into your lungs. These particles
are referred to as radon decay products.
This radiation can damage your lungs and
increase your risk of developing lung cancer.
Residential case-control studies, as well as carefully controlled
studies on animals and miners, have shown that prolonged
exposure to radon decay products can significantly increase a
person’s potential for lung cancer.
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Item 15.
● Radon is a Class A
carcinogen. That means it is
known to cause cancer in
humans with prolonged
exposure. It is in the same
class as tobacco products
● The average indoor radon
level in the U.S. is about 1.3
pCi/L in air. In Colorado, the
average indoor radon level is
about 6.4 pCi/L. Living in a
home with average levels of
radon in Colorado for 1 year is like having more than 200
chest x-rays every year. That’s more than 3 chest x-rays per
week, per person, per year.
● The United States Surgeon General, the American Lung
Association, and the Environmental Protection Agency
recommend that people avoid long-term radon exposure at or
above 4 pCi/L.
● Every year in the U.S., over 20,000 people die from radon-
induced lung cancer. In Colorado, approximately 500 people
die annually from radon-induced lung cancer. Long-term
residential radon exposure is the second leading cause of
lung cancer in the general population (cigarette smoking is
the first).
(Field, R. William. ‘A Review of Residential Radon Case-Control Epidemiologic Studies
Performed in the United States.’ Reviews on Environmental Health 16.3 (2001): 151-67.
Print.)
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Item 15.
Rental Requirements
Radon Disclosure is Required in Rental Agreements
Before a tenant signs a lease for a rental property, the landlord
must provide this brochure to the tenant and provide the tenant
with a document with the following information:
● A bold-faced statement that the Colorado Department of
Public Health and Environment strongly recommends all
tenants have an indoor radon test performed before leasing
the property and if elevated levels are found, request the
landlord to mitigate.
● Any knowledge the landlord has regarding the radon levels of
the property; including previous testing, test results, and
information about any installed radon mitigation system.
The tenant should acknowledge receipt of this information by
signing the disclosure document. A landlord breaches the
warranty of habitability if this disclosure is not made.
A tenant can break the lease if:
● A landlord fails to make this disclosure; or
● A landlord does not make a reasonable effort to mitigate
elevated levels of radon (>4pCi/L) within 180 days after
being notified that a radon measurement professional has
found elevated levels of radon.
On or after January 1, 2026, these remedies will not apply to
leases that are one year or less in duration.
Radon Testing and Mitigation for Renters
● A renter can test their own unit.
● If elevated levels are found, notify the landlord in writing
and request mitigation.
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Item 15.
● Landlords are not legally required to install a mitigation
system.
Real Estate Transaction Requirements
Radon Disclosure Is Required in Real Estate Transactions
Section O of the Colorado Seller’s Property Disclosure Form
specifically lists radon as a hazard that, if known by the seller to
exist or ever have existed, must be disclosed. This is true even if
previous test results were less than 4 pCi/L. In all cases, sellers
should provide copies of any test results to potential buyers. If a
radon mitigation system exists, it should also be disclosed, as it
is presumed that radon had existed previously, and that if the
system were to fail, the radon level would return to its original
level.
Home buyers must also be given this brochure and receive a
bold-faced recommendation from the Colorado Department of
Public Health and Environment to test the property for radon.
Radon sections of the
Contract to Buy and Sell
and the Seller’s Property
Disclosure
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Item 15.
Radon Levels Can be Fixed
If radon concerns are
discovered during the
home inspection process,
they can be fixed
through mitigation.
Normal real estate
negotiation procedures
can be used to resolve
the costs associated with
radon mitigation.
Testing
Test for Radon During the Inspection Process
At the time of resale, it is important to know what the radon
exposure risk could be, independent of how someone else
operates or lives in a home. Reliable testing devices and
methods exist and are readily available to determine indoor
radon levels.
Select Certified and Licensed Radon Contractors
Lists of certified and licensed radon measurement contractors
can be found at www.coloradoradon.info under the "testing and
mitigating your home" link. Certified contractors have been
trained in the proper placement of radon measurement devices
and the interpretation of the results. They use high-quality
testing devices that can accurately determine the radon risk of
the home.
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Item 15.
Follow These Steps to Ensure Your New Home Will Keep
Your Family Safe and Healthy for Years to Come
1. Find the house you want to buy.
2. As part of the home inspection process, request a
short-term radon test using a certified and licensed radon
measurement contractor. Your home inspector may or
may not be qualified to conduct radon testing.
3. If the short-term test result is less than 4 pCi/L, the EPA
does not recommend any immediate action; however,
consider conducting a long-term test (90 days up to a
year) after your family moves into the home, as there is
still some risk at exposures less than 4 pCi/L.
4. If the short-term test result is 4 pCi/L or higher, consider
asking the seller to pay for a mitigation system. The seller
is not legally required to pay for mitigation; this is a
negotiation between the buyer and seller, just like any
other home repair.
You can consider purchasing the property and reducing
the radon levels after moving into the home. All homes
can be fixed!
5. Once you decide to install a mitigation system in the
house, seek bids from certified and licensed mitigation
contractors who are willing to guarantee the results to
below 4 pCi/L.
6. Use bids from certified and licensed contractors as a basis
for negotiations with the seller.
7. If the seller is willing to pay for a mitigation system, work
with your real estate professional to determine the best
way to obtain the funding from the seller and have the
system installed by a certified and licensed contractor
after taking possession of the property. This will help to
ensure that you are happy with the system design.
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Item 15.
Testing Types, Purpose, and Conditions
Potential for Radon Exposure
● Short-term test, typically 2-5
days.
● Conduct test under
closed-house conditions 12
hours prior to start test and
throughout the test.
● Test lowest potentially
livable level of home, even if
it is unfinished.
● Commonly used at time of
resale.
Risk of Exposure Living in Home
● Long-term test, typically 91
days up to 1 year.
● Conduct test under normal
day-to-day living conditions
● Test lowest potentially
livable level of home, even if
it is unfinished.
● Commonly used outside of a
real estate transaction or as
a basis of escrow fund
release.
If You Love the House, Buy it
Buyers should not be reluctant to buy a home with elevated
radon levels. They should take action to reduce radon after they
move in. If the radon test results show a potential radon
concern, consider doing a long-term test after you move in and
before you install a radon mitigation system.
The amount of radon exposure you have depends on where you
spend your time. Doing a long-term test after you move in allows
you to control the test conditions to better measure your actual
radon exposure. If needed, you can then decide with your
certified and licensed contractor about the need for mitigation.
A long-term test should be placed for a minimum of 91 days up
to 1 year after you move into the home.
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Item 15.
Mitigation
Reducing Radon is Easy and Inexpensive
Considerable research has been conducted by educational
institutions and private industries in Colorado and elsewhere
that provides evidence-based practices for mitigating radon in
homes, schools, and commercial buildings. The techniques are
straightforward and reliable.
However, mitigation requires more than trying to seal openings
in the foundation. In fact, caulking and sealing of foundation
openings, on its own, has proven NOT to be a suitable method
for reducing radon levels.
Mitigation should be done by a certified and licensed contractor
who will install the system according to Radon Mitigation
Standards and local building codes. A list of certified and
licensed radon mitigation contractors is available at
www.coloradoradon.info.
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Item 15.
Mitigation Systems
Radon systems are designed and installed based on the
construction of a home, not on the existing radon levels. Radon
is mitigated when a system is installed that pulls radon-laden soil
gas from underneath the foundation or crawl space and exhausts
it outside of the building, far enough away from windows and
other openings that it will not re-enter the home.
A mitigation system usually consists of plastic pipe connected to
an air pocket surrounded by the soil, either through a hole in the
slab, via a sump lid connection, in a perimeter drain, or from
beneath a plastic sheet in a crawl space. A quiet, continuously
operating fan is attached to the pipe and discharges the radon
outdoors.
A home with more than one foundation can present challenges to
collecting the soil gas from under all portions of the building.
However, qualified mitigation contractors typically can connect
multiple systems together so that only one fan is required.
Crawl Space Systems
For crawl space mitigation systems, contractors need to lay
perforated pipe, install plastic sheeting over the piping, seal it
to the walls, and then route the piping to the fan. These systems
can be more costly; however, the added benefit of reducing
moisture in the crawlspace, in addition to reducing radon, can
be a significant benefit.
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Item 15.
Costs
It’s best to get involved in how the radon mitigation system will
be installed if you will be the future occupant of the property.
Costs depend on the amount of effort it takes the contractor to
conceal the system and maintain the visual appeal of the home.
Although a system routed up the outside of the building will
reduce radon quite well, it may not be as visually appealing as
one that is routed through the interior of the home.
Average U.S. installation cost: $1,500
Average operating cost in Colorado: $3/month
Expected life span of fan: 8-10 years
Fan replacement cost: $145-$300
Periodic maintenance: Test every 2 years
Key Elements of Mitigation Systems
The U.S. EPA recommends standards for radon mitigation
systems. Your qualified contractor should understand and follow
these standards: standards.aarst.org
1. The discharge point of the system must:
● Be at least 10 feet above grade;
● Be at least 10 feet away or 2 feet above any opening
to the interior of the home; AND
● Terminate above the eave of the roof.
2. System fans should not be located inside a home,
building, or in a crawlspace. They can be in an attic, on
the outside of the house, or in the garage (provided there
is no living space above the garage).
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Item 15.
3. There should be a gauge (manometer) located in a
prominent location (inside the home) that will easily show
the occupant that the system is functioning properly.
4. Power to the fan should be run in accordance with local
electric codes, including permits where required.
5. All portions of the system should be labeled and a simple
instruction manual, with warranties, provided to the
homeowner.
6. All homes with mitigation systems should be retested no
sooner than 24 hours (no later than 30 days) after
installation to verify radon mitigation is working and has
lowered radon levels to below 4 pCi/L. The home should
be retested every two years to make sure the mitigation
system is operating properly.
7. If purchasing a home or building with an existing radon
mitigation system, it should be tested prior to purchase
and every two years to confirm it’s working properly.
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Item 15.
Select Certified and Licensed Radon Mitigation Contractors
Lists of these individuals can be found at www.coloradoradon.info
under the "testing and mitigating your home" link.
In addition to contractor selection, homeowners should always:
1. Ask for references.
2. Get several bids, as with any home repair.
3. Require proof of certification and licensure or verify these
credentials independently.
4. Ask for proof of liability insurance, being bonded, and having
all necessary licenses to satisfy local requirements.
5. Ask for a clear contract with a guarantee below 4 pCi/L and
a warranty.
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Item 15.
Radon in New Builds
Ask for A Radon Mitigation System In New Homes
A considerable number of Colorado homebuilders routinely put
mitigation systems in homes during the building process. In many
locations in Colorado, local building codes require that a radon
system be installed in all new homes. Check with your
local building department. In areas where it is not a building
code requirement, it may be offered as an additional option by
the builder.
If you’re building a new home:
● Ask your builder to install a radon system during
construction.
● Test the home or building after completion to ensure it
reduces the radon levels below 4 pCi/l.
Installing a system while a house or building is being constructed
can be advantageous because:
● The piping can be easily concealed.
● The vent pipe can exit the roof and appear as a normal roof
penetration.
● The subgrade can be prepared to collect radon easily.
Multiple foundations (such as in a basement and a crawl
space) can be hooked up to a single vent, which also can be
concealed in walls.
● When done correctly, the system often works passively,
without the need of a fan. (A contractor will route the
system vent pipe in such a manner that after the home is
tested, if the radon levels are not acceptable, a fan can
easily be installed on the vent pipe within the attic to make
the system more effective.)
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Item 15.
Radon in Water
Radon from Groundwater Is a Low Risk
Radon can dissolve in the groundwater and be released into the air
of a home when it is used for showers, laundry, and other purposes.
Radon in water is not widespread and is primarily an issue with
homes whose water supplies are from private wells that use
groundwater.
The major concern is not with drinking the water, but rather the
increased amount of radon added into the indoor air in addition to
radon coming from the soil. Normal radon-in-air tests will measure
this contribution if the house is occupied during testing. It takes
a lot of radon in the water to have a measurable effect on indoor
radon concentrations. As a rule, it takes 10,000 pCi/L in the water
to add 1 pCi/L of radon to the air in the home. Always test the air
first before testing or becoming concerned about radon in the
water.
Radon in water test kits may be purchased online or at most home
improvement stores. Find a list of contractors who mitigate radon
in water, refer to www.coloradoradon.info.
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Item 15.
Find Out More
Additional Information About Radon Is Available at:
● Colorado Department of Public Health and Environment:
www.coloradoradon.info
● United States Environmental Protection Agency:
www.epa.gov/radon
● Your local health department:
cdphe.colorado.gov/public-information/find-your-
local-public-health-agency
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Item 15.
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4300 Cherry Creek Drive South
Denver, CO 80246-1530
1-800-846-3986
www.coloradoradon.info Page 344
Item 15.
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ORDINANCE NO. 161, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING SECTIONS 12-110 THROUGH 12-112 OF THE
CODE OF THE CITY OF FORT COLLINS REGARDING THE
DISCLOSURE OF RADON INFORMATION IN REAL ESTATE
TRANSACTIONS
A. Colorado Revised Statutes Section 38-35.7-112 provides that every
contract for sale of residential real property must contain a disclosure of the seller’s
knowledge of the radon concentrations at the residential real property. The statute also
provides the statements and information that a seller in a residential real estate
transaction must include in its radon disclosures to the buyer.
B. The City Code has similar requirements relating to radon. Chapter 12,
Article VI of the City Code provides that a seller of residential real estate in the City must
provide “radon information” to the buyer of the residential real estate. The Code defines
radon information as “information produced and disseminated by the Office of
Sustainability Services for provision by sellers to buyers prior to execution of a contract.”
C. Repeal of Chapter 12, Article VI of the City Code will eliminate overlapping
requirements for sellers in residential real estate transactions with respect to radon
disclosures.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Article VI of Chapter 12 of the Code of the City of Fort Collins is
hereby deleted in its entirety and Article VI is held in reserve.
ARTICLE VI.
RADON
Sec. 12-110. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section.
Contract shall mean the complete and fully executed sales/purchase agreement, option
to purchase agreement, lease-purchase agreement, right of first refusal, memorandum of
understanding or any other offer and acceptance that is sufficient to form an enforceable
contract under law, between a buyer and a seller of residential real property in the City.
Radon information shall mean that information produced and disseminated by the Office
of Sustainability Services for provision by sellers to buyers prior to execution of a contract.
Seller shall mean the seller of any residential real property located within the City and/or
any person, firm, corporation or other lawfully constituted entity acting on behalf of such
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Item 15.
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seller whether as attorney-in-fact, attorney-at-law, trustee, realtor, title company or any
other agent or representative of the seller in the making of the contract.
Sec. 12-111. Regulation.
Commencing June 4, 1997, every seller shall provide radon information to the party
purchasing seller's property prior to the execution of any contract for such property.
Sec. 12-112. Violations, penalties, remedies.
Any person who violates any provision of § 12-111, upon conviction, shall be subject to
the penalties in § 1-15 of this Code. This Article shall not create any civil remedy or
contract right.
Introduced, considered favorably on first reading on October 7, 2025, and
approved on second reading for final passage on October 21, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 31, 2025
Approving Attorney: Ted Hewitt
Exhibit: None
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Item 15.
File Attachments for Item:
16. First Reading of Ordinance No. 162, 2025, Amending Section 23-302 of the Code of
the City of Fort Collins to Amend the Definition of “Construction Project”.
The purpose of this item is to amend the definition of “Construction Project” in Code. The City’s
Art in Public Places ordinance currently includes language that requires a 1% allocation from
construction projects that will cost more than $250,000 to fund the acquisition and maintenance
of public art. “Construction project” is defined as “the construction, rehabilitation, renovation,
remodeling or improvement of any building, structure, street, sidewalk, park, utility or other
public improvement by or for the City, including all associated landscaping, parking, design,
engineering, equipment or furnishings for such improvement, and all other costs, but excluding
the cost of real property acquisition, vehicles, equipment not affixed to public property and any
improvements made by any special improvement district.” Staff seeks to amend this definition to
expressly exclude maintenance from the definition of “construction project”.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Eileen May, Director of Cultural Services
Cheryl Donaldson-Moses, Senior Manager, Cultural Services
Ellen Martin, Lead Specialist, Cultural Services
SUBJECT
First Reading of Ordinance No. 162, 2025, Amending Section 23-302 of the Code of the City of Fort
Collins to Amend the Definition of “Construction Project”.
EXECUTIVE SUMMARY
The purpose of this item is to amend the definition of “Construction Project” in Code. The City’s Art in Public
Places ordinance currently includes language that requires a 1% allocation from construction projects that
will cost more than $250,000 to fund the acquisition and maintenance of public art. “Construction project”
is defined as “the construction, rehabilitation, renovation, remodeling or improvement of any building,
structure, street, sidewalk, park, utility or other public improvement by or for the City, including all
associated landscaping, parking, design, engineering, equipment or furnishings for such improvement, and
all other costs, but excluding the cost of real property acquisition, vehicles, equipment not affixed to public
property and any improvements made by any special improvement district.” Staff seeks to amend this
definition to expressly exclude maintenance from the definition of “construction project”.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Staff has engaged in extensive collaboration between Cultural Services, Operations Services, and the City
Attorney’s Office to review the Art in Public Places Ordinance. This cross-departmental review confirms
that City staff would like to expressly exclude any maintenance and any work to replace existing building
systems from the definition of “construction project”. Amending the definition in this way will ensure that
any maintenance project, including projects to replace existing building systems, will not be subject to the
1% Art in Public Places contribution.
CITY FINANCIAL IMPACTS
The exact financial impact of clarifying that maintenance work is not eligible for the 1% Art in Public
Places contribution is unknown, though it will reduce the costs of certain maintenance projects,
streamline budget planning, and reduce pressure on Operations Services during the budget cycle.
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Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 162, 2025
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Item 16.
-1-
ORDINANCE NO. 162, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 23-302 OF THE CODE OF THE CITY OF
FORT COLLINS TO AMEND THE DEFINITION OF
“CONSTRUCTION PROJECT”
A. To fund the acquisition and maintenance of public art, t he City’s Art in Public
Places Program (the “APP Program”) requires a 1% allocation from construction projects
that will cost more than $250,000.
B. Section 23-302 of the City Code defines “construction project” for the APP
Program as “the construction, rehabilitation, renovation, remodeling or improvement of
any building, structure, street, sidewalk, park, utility or other public improvement by or for
the City, including all associated landscaping, parking, design, engineering, equipment or
furnishings for such improvement, and all other costs, but excluding the cost of real
property acquisition, vehicles, equipment not affixed to public property and any
improvements made by any special improvement district.”
C. The City Council, through this Ordinance, amends the definition of
“construction project” in Code Section 23-302 to clarify that costs for maintenance work
and replacement of existing building systems are not subject to the 1% contribution for
the APP Program.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the definition of “Construction Project” contained in Section 23-302
of the Code of the City of Fort Collins is hereby amended to read as follows:
Construction project shall mean the construction, rehabilitation, renovation,
remodeling or improvement of any building, structure, street, sidewalk, park, utility
or other public improvement by or for the City, including all associated landscaping,
parking, design, engineering, equipment or furnishings for such improvement, and
all other costs, but excluding the cost of real property acquisition, vehicles,
equipment not affixed to public property, replacement of existing building systems,
maintenance, and any improvements made by any special improvement district.
Page 350
Item 16.
-2-
Introduced, considered favorably on first reading on October 7, 2025, and
approved on second reading for final passage on October 21, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 31, 2025
Approving Attorney: Ted Hewitt
Exhibit: None
Page 351
Item 16.
File Attachments for Item:
17. Resolution 2025-086 Authorizing the City Manager to Execute an Agreement with
Poudre School District R-1 Regarding the Connected Raw Water Irrigation Systems of
Certain Parks and Schools.
The purpose of this item is to authorize the City Manager to execute an Agreement which
memorializes the methods and processes the Poudre School District R-1 (“PSD”) and the Parks
Department (“Parks”) operate and pay for repairs/replacement of current shared-site irrigation
systems. This Agreement also transfers the use of water from two shares of water that PSD
currently owns in the New Mercer Company to Parks.
Page 352
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
October 7, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Kevin Williams, Interim Sr Manager, Parks and Cemeteries
Scott Phelps, Sr Manager, Recreation- Golf
Miles Daly, Water Resources Engineer
SUBJECT
Resolution 2025-086 Authorizing the City Manager to Execute an Agreement with Poudre School
District R-1 Regarding the Connected Raw Water Irrigation Systems of Certain Parks and Schools.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the City Manager to execute an Agreement which memorializes
the methods and processes the Poudre School District R-1 (“PSD”) and the Parks Department (“Parks”)
operate and pay for repairs/replacement of current shared-site irrigation systems. This Agreement also
transfers the use of water from two shares of water that PSD currently owns in the New Mercer Company
to Parks.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Agreement was created collaboratively by the Parks management team and PSD Operations staff for
the purpose of memorializing methods and processes related to shared sites that use raw water to irrigate
our adjacent properties. The Agreement defines the shared costs and allocation of shared costs for each
site. The intent of the Agreement is to make it clear for both parties when crucial repairs and replacements
are needed to our systems, and what each entity would be responsible for from both a financial and an
execution standpoint.
There are eleven shared sites this IGA is concerned with:
Edora Park-Riffenburgh Elementary
English Ranch Park-Linton Elementary
Golden Meadows Park-Kruse Elementary
Harmony Park-Preston Middle School/Traut Core Knowledge
Radiant Park-Zach Elementary
Page 353
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Ridgeview Park- McGraw Elementary
Spring Canyon Park-Olander Elementary
Stewart Case Park-Fort Collins High School
Troutman Park-Lopez Elementary
Twin Silo Park-Fossil Ridge High School
Westfield Park-Johnson Elementary
Equally as important, this Agreement also puts into writing the intent of transferring, on an annual basis,
the use of water from two shares of water that PSD currently owns in the New Mercer Company to Parks
to be used on various sites in the Parks system.
CITY FINANCIAL IMPACTS
This Agreement will help both parties fairly calculate costs for irrigation projects- making sure neither party
is harmed financially.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution 2025-086
Page 354
Item 17.
-1-
RESOLUTION 2025-086
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH POUDRE SCHOOL DISTRICT R-1
REGARDING THE CONNECTED RAW WATER IRRIGATION
SYSTEMS OF CERTAIN PARKS AND SCHOOLS
A. The City, through its Parks Department, owns and operates various parks
in Fort Collins. To the extent practicable, the City irrigates its parks with raw (untreated)
water.
B. Poudre School District R-1 (“District”) owns and operates various school
grounds in Fort Collins. To the extent practicable, the District irrigates its school grounds
with raw (untreated) water.
C. The City and the District have historically located parks and schools
adjacent to each other. At these shared sites, the City’s and the District’s irrigation
systems are often connected in varying ways and to varying degrees.
D. These shared connections have resulted in scenarios where: (1) shared
infrastructure is being used and relied upon by both the City and th e District; (2) one party
(the City or the District) is managing the shared infrastructure for both parties; and (3) at
certain shared sites, the District is using and relying upon water attributable to some of
the City’s ditch and reservoir company shares to irrigate certain school grounds.
E. While these shared connections generally have been beneficial to the City
and the District, the arrangement has not been adequately documented, nor has the
District’s use of water attributable to some of the City’s ditch and reservoir company
shares been adequately addressed. City Staff and the District therefore collaborated to
prepare an agreement to address these issues, a copy of which is attached hereto and
incorporated by reference, as Exhibit A.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to execute the Agreement in
the form of Exhibit A, attached hereto and incorporated by this reference, with such
modifications and additional terms and conditions as the City Manager, in consultation
with the City Attorney, determines to be necessary and appropriate to protect the interests
of the City or effectuate the purposes of this Resolution.
Page 355
Item 17.
-2-
Passed and adopted on October 7, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: October 7, 2025
Approving Attorney: Eric Potyondy
Exhibit: Exhibit A – Agreement Between the City of Fort Collins and The Poudre
School District R-1 Regarding the Connected Raw Water Irrigation Systems
of Certain Parks and Schools
Page 356
Item 17.
EXHIBIT A TO RESOLUTION 2025-086
Page 1 of 32
AGREEMENT BETWEEN THE CITY OF FORT COLLINS
AND THE POUDRE SCHOOL DISTRICT R-1 REGARDING THE
CONNECTED RAW WATER IRRIGATION SYSTEMS OF CERTAIN PARKS AND
SCHOOLS
This Agreement, dated ___________, 2025 is entered into by the following Parties: the
City of Fort Collins, a Colorado municipal corporation; and Poudre School District R-1, a public
school district and political subdivision of the State of Colorado.
* See Paragraph 8 for defined terms used in this Agreement. *
RECITALS
A. The City, through its Parks Department, owns and operates various parks in Fort Collins .
To the extent practicable, the City irrigates its parks with raw (untreated) water.
B. The District owns and operates various school grounds in Fort Collins. To the extent
practicable, the District irrigates its school grounds with raw (untreated) water.
C. The City and the District have historically located parks and schools adjacent to each other.
At these Shared Sites, the City’s and the District’s irrigation systems are often connected in varying
ways and to varying degrees.
D. The City’s and the District’s connected irrigation systems at Shared Sites have resulted in
scenarios where: (1) Shared Infrastructure is being used and relied upon by both the City and the
District: (2) one Party (the City or the District) is managing the Shared Infrastructure for both
Parties; and (3) at certain Shared Sites, the District is using and relying upon water attributable to
some of the City’s ditch and reservoir company shares to irrigate certain school grounds.
E. While the City’s and the District’s connected irrigation systems at the Shared Sites have
been generally beneficial to each Party, the arrangement has not been adequately documented, nor
has the District’s use of water attributable to some of the City’s ditch and reservoir company shares
been adequately addressed. City Staff and District Staff collaborated to prepare this Agreement to
address these issues.
F. In consideration of the mutual promises contained herein, and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows.
AGREEMENT
1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as
if fully restated in their entirety.
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2. SHARED SITES. This Agreement concerns the following eleven Shared Sites. All of
the Shared Sites are irrigated with raw (untreated) water.1 Additional details on each of the Shared
Sites are set forth in Exhibits 1 through 11.
2.1. Edora Park — Riffenburgh Elementary
2.2. English Ranch Park — Linton Elementary
2.3. Golden Meadows Park — Kruse Elementary
2.4. Harmony Park — Preston Middle School-Traut Core Knowledge School
2.5. Radiant Park — Zach Elementary
2.6. Ridgeview Park — McGraw Elementary
2.7. Spring Canyon Park — Olander Elementary
2.8. Stewart Case Park — Fort Collins High School
2.9. Troutman Park — Lopez Elementary
2.10. Twin Silo Park — Fossil Ridge High School2
2.11. Westfield Park — Johnson Elementary3
3. SHARED COST ALLOCATION FOR THE SHARED SITES.
3.1. Shared Costs Defined. For each of the Shared Sites, the Shared Costs to be
allocated between the Parties under this Agreement shall be: all costs over $5,000
per project that the Managing Party incurs for any maintenance, replacement, or
repair of the Shared Infrastructure, provided that staff time shall not be considered
as Shared Costs.
3.2. Allocation of Shared Costs. For each of the Shared Sites, the Managing Party will
determine each Party’s Portion of the Shared Costs pursuant to one of the two
following methodologies. The current methodology used for each of the Shared
Sites is set forth in Exhibits 1 through 11.
3.2.1. Metered Methodology. If there are meters providing data showing the
City’s and the District’s respective volumes of irrigation water use at the
Shared Site, each Party’s Portion of the Shared Costs shall be calculated
according to this Paragraph 3.2.1.
3.2.1.1.Each Party’s previous five years of irrigation water use (in gallons
or acre-feet) shall be summed and divided by five to calculate each
Party’s average annual water use. Each Party’s average annual
water use shall then be divided by the total use, being the sum of the
City’s and the District’s average annual water use over the same
previous five years, to calculate each Party’s Portion of the Shared
1 Blevins Park-Blevins Middle School and Eastside Park-Laurel Elementary were considered as potential Shared
Sites but are excluded from this Agreement because they are irrigated with treated water from the City’s Water
Utility. They may be the subject of a subsequent agreement (s) between the Parties.
2 Twin Silo Park – Fossil Ridge High School Shared Site includes the City’s planned Southeast Community Center.
3 The Westfield Park — Johnson Elementary Shared Site does not include Webber Middle School.
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Item 17.
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Costs. If data from one or more of the previous five years is not
available, data from the next earliest year or years shall be used. If
five years of data is not available, all data from the period of record
available shall be used.
3.2.1.2.This methodology can also be expressed as follows:
Party’s Portion of Shared Costs = (AAU / TU) * SC
Where:
AAU (average annual use) = (Sum of previous 5 years of
Party’s water use) / 5
o If data from one or more of the previous five years is
not available, then AAU = (Sum of most recent 5
years of a Party’s water use) / 5
o If five years of data is not available, AAU = (Sum of
X years of Party’s water use) / X, where X is number
of years of available data
TU (total use) = (Sum of City’s AAU and District’s AAU)
SC = Shared Costs
3.2.2. Irrigated Acres Methodology. Unless and until there are meters at a
Shared Site, each Party’s Portion of the Shared Costs shall be calculated
according to this Paragraph 3.2.2.
3.2.2.1.Each Party’s irrigated acres at the Shared Site shall be divided by
the total number of irrigated acres at the Shared Site to calculate
each Party’s Portion of the Shared Costs.
3.2.2.2.This methodology can also be expressed as follows:
Party’s Portion of Shared Costs = (IA / TA) * SC
Where:
IA (irrigated acres) = Party’s irrigated acres
TA (total acres) = Sum of City’s and District’s IA
SC = Shared Costs
3.2.2.3.If the irrigated acres of either Party or the entire Shared Site change,
the actual irrigated acres immediately prior to the incursion of the
Shared Costs will be used.
3.3. Invoices. The Managing Party may send an invoice for the other Party’s Portion
of the Shared Costs. The Party receiving the invoice shall pay it as soon as
practicable.
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4. FUTURE METERS. The Parties agree that Metered Methodology set forth in
Paragraph 3.2.1 is a more accurate means for allocating Shared Costs. The Parties agree to
collaborate to install meters on the Shared Sites as soon as reasonably practicable in light of
budgetary and other constraints. It is the intent of the City and the District that the main meter at
each Shared Site be part of the Shared Infrastructure, and that any meter at a Point of Connection
belong to one Party or the other.
5. IRRIGATION WATER TRADE.
5.1. The District uses and has historically used water attributed to some of the City’s
ditch and reservoir company shares to irrigate Kruse Elementary. See Exhibit 3.
The City built and paid for the Shared Infrastructure at the Golden Meadows Park
— Kruse Elementary Shared Site, without contributions from the District. To
compensate the City for the District’s use of the City’s water and infrastructure, on
an annual basis, the District shall allow the City to use water attributable to one of
the District’s shares of the New Mercer Ditch Company, which the City may use to
irrigate any lands served by the New Mercer Ditch Company.
5.1.1. If the District desires to no longer use any of the City’s ditch and reservoir
company shares to irrigate Kruse Elementary, the District may provide
notice to the City pursuant to Paragraph 7.9 and will no longer be required
to allow the City to use water attributable to one of the District’s shares of
the New Mercer Ditch Company. If the District provides such notice, the
Parties shall meet as soon as reasonably practicable to discuss in good faith
any necessary or desirable updates or amendments to this Agreement,
including updates to Shared Infrastructure or Shared Sites. To allow the
City adequate time to respond, the City shall be entitled to continue to use
water attributable to one of the District’s shares of the New Mercer Ditch
Company for at least five complete April 1 through October 31 irrigation
seasons following the date of the notice.
5.2. The District uses and has historically used water attributed to some of the City’s
ditch and reservoir company shares to irrigate Olander Elementary. See Exhibit 7.
The City built and paid for the Shared Infrastructure at the Spring Canyon Park —
Olander Elementary Shared Site, without contributions from the District. To
compensate the City for the District’s use of the City’s water and infrastructure, on
an annual basis, the District shall allow the City to use water attributable to one of
the District’s shares of the New Mercer Ditch Company, which the City may use to
irrigate any lands served by the New Mercer Ditch Company.
5.2.1. If the District desires to no longer use any of the City’s ditch and reservoir
company shares to irrigate Olander Elementary, the District may provide
notice to the City pursuant to Paragraph 7.9 and will no longer be required
to allow the City to use water attributable to one of the District’s shares of
the New Mercer Ditch Company. If the District provides such notice, the
Parties shall meet as soon as reasonably practicable to discuss in good faith
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any necessary or desirable updates or amendments to this Agreement,
including updates to Shared Infrastructure or Shared Sites. To allow the
City adequate time to respond, the City shall be entitled to continue to use
water attributable to one of the District’s shares of the New Mercer Ditch
Company for at least five complete April 1 through October 31 irrigation
seasons following the date of the notice.
6. UPDATES TO AGREEMENT. The Parties agree and anticipate that the details of each
of the Shared Sites that are set forth in Exhibits 1 through 11 may change over time, including4:
changes to specific irrigated acres as the Parties may change their landscapes; and add meters and
alter the methodology used to calculate each Party’s Portion of the Shared Costs under
Paragraph 3.2.
6.1. The Parties agree to meet at least every three years to discuss whether any updates
or amendments to this Agreement are needed or advisable, including updates to the
exhibits to this Agreement to accurately reflect the irrigation system and
management of the Shared Sites.
6.2. Any amendments to this Agreement shall be executed by the Parties in writing,
preferably as an amended and restated version of the Agreement.
7. ADDITIONAL TERMS.
7.1. Effective Date. This Agreement is effective as of the date that all Parties have
executed this Agreement, which is stated above on the initial page.
7.2. Term. This Agreement is perpetual unless terminated pursuant to the terms and
conditions of this Agreement, or otherwise terminated in writing by the Parties.
7.3. Recording. The City will record this Agreement with the Larimer County Clerk
and Recorder.
7.4. Remedies.
7.4.1. If a Party (“Complaining Party”) believes that another Party (“Responding
Party”) has failed to comply with the provisions of this Agreement, the
Complaining Party will provide written notification of the same to the
Responding Party. If the Responding Party fails to achieve compliance
within thirty-five (35) days following receipt of such notice, the
Complaining Party may require mediation of the issue(s) under
Paragraph 7.4.2.
7.4.2. If mediation is sought following the procedures of Paragraph 7.4.1, the
Parties shall jointly select a mediator within 35 days following the
4 In this Agreement, “include” and “including” signify a list that is not necessarily exhaustive. E.g., Lyman v. Town
of Bow Mar, 188 Colo. 216, 222, 533 P.2d 1129, 1133 (1975).
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Complaining Party’s written notice to require mediation. The selection of
the mediator shall be confirmed in writing. If the Parties cannot jointly
select a mediator, each Party shall select a mediator within 42 days
following the Complaining Party’s written notice to require mediation and
the two selected mediators shall then jointly select a third person to mediate
the issue(s) within 56 days following the Complaining Party’s written notice
to require mediation, who shall be impartial as to the Parties and the issue(s)
and have mediation experience. The Parties agree to participate in good
faith in such mediation.
7.4.3. Following the good faith completion of mediation under Paragraph 7.4.2 or
if the two selected mediators are unable to jointly select a third person to
mediate the issue(s), the Complaining Party may seek all such remedies
available under Colorado law, excluding any exemplary and/or
consequential damages.
7.5. Fiscal Contingency. Notwithstanding any other provisions of this Agreement to
the contrary, the obligations of the Parties in fiscal years after the fiscal year of this
Agreement shall be subject to appropriation of funds sufficient and intended
therefor, with each Party having the sole discretion to determine whether the subject
funds are sufficient and intended for use under this Agreement.
7.6. Governmental Immunity. No term or condition of this Agreement is intended nor
shall be construed as a waiver, either express or implied, of the monetary limits,
notice requirements, immunities, rights, benefits, defenses, limitations and
protections available to the Parties under any applicable law, including but not
limited to the Colorado Governmental Immunity Act, C.R.S.§§ 24-10-101, et. seq.,
as currently written or hereafter amended or implemented.
7.7. Relationship of the Parties. The Parties enter this Agreement as separate and
independent entities and shall maintain such status at all times.
7.8. No Third-Party Beneficiaries. This Agreement is intended to describe rights and
responsibilities only as between the Parties. It is not intended to and shall not be
deemed to confer rights to any persons or entities not named as parties herein.
7.9. Notices. All notices provided for under this Agreement shall be effective when
hand-delivered, sent by electronic mail- read receipt, sent by registered or certified
mail - return receipt requested, or sent by overnight commercial courier as follows:
To the City: City Manager
City Hall West
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
With copy to: Fort Collins City Attorney
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300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
and: Parks Department
Director
413 S. Bryan Ave.
PO Box 580
Fort Collins, Colorado 80522
To the District: ___________
___________
___________
___________
Any Party hereto may at any time designate a different person or address for
purposes of receiving notice by so informing the other parties in writing. Notice
shall be deemed effective upon actual receipt thereof, or three (3) days after being
deposited in the United States mail or accepted by an overnight delivery service,
whichever first occurs.
7.10. Counterparts. This Agreement may be signed in counterparts.
7.11. Governing Law. The Agreement shall be governed by the laws of the State of
Colorado, insofar as any matter is not regulated by applicable laws of the United
States.
7.12. Force Majeure. No Party hereto shall be considered in default in the performance
of an obligation hereunder to the extent that performance of such obligation is
delayed, hindered, or prevented by force majeure. Force majeure shall be any cause
beyond the control of the defaulting Party which could not reasonably have been
foreseen and guarded against. Force majeure includes, but is not limited to, acts of
god, fires, riots, pandemics, incendiarism, interference by civil or military
authorities, compliance with regulations or orders of military authorities, and acts
of war (declared or undeclared), provided such cause could not have been
reasonably foreseen and guarded against by the defaulting Party. Force majeure
shall not include increases in labor, commodity, utility, material, supply, fuel, or
energy costs, or compliance with regulations or orders of civil authorities.
7.13. Severability. If any provision of this Agreement is held to be invalid or
unenforceable to any extent, the Parties shall meet, confer, and agree on appropriate
modifications to this Agreement to ensure that the original intent, obligations,
goals, and purposes of this Agreement are satisfied.
7.14. Authority. Each of the Parties represents to the other Party that such Party has full
power and authority to execute, deliver, and perform this Agreement, that such
Party has taken the necessary steps that are lawfully required to execute, deliver,
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and perform this Agreement, and that the individual(s) executing this Agreement
on behalf of such Party are fully empowered and authorized to do so.
7.15. Entire Agreement. The making, execution and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties or
agreements other than those expressed in this Agreement. This Agreement
embodies the entire understanding of the Parties as to the subject matter hereof and
there are no further or other agreements or understandings, written or oral, in effect
between the Parties relating to its subject matter unless expressly referred to in this
Agreement. Modification of this Agreement by the Parties may be made only by a
writing signed by the Parties.
8. DEFINED TERMS. The following defined terms are used throughout this Agreement,
including in the foregoing recitals.
8.1. “City” is the City of Fort Collins, a Colorado municipal corporation.
8.2. “District” is the Poudre School District R-1, a public school district and political
subdivision of the State of Colorado.
8.3. “Irrigated Acres Methodology” is the methodology set forth in Paragraph 3.2.2 for
allocating Shared Costs between the Parties when there are not meters at a Shared
Site as contemplated under Paragraph 3.2.1.
8.4. “Managing Party” is the Party that operates and manages the Shared Infrastructure
for a Shared Site. The Managing Part y for each Shared Site is identified in
Exhibits 1 through 11. Other than the Shared Infrastructure, each Party operates
and manages its own irrigation system.
8.5. “Metered Methodology” is the methodology set forth in Paragraph 3.2.1 for
allocating Shared Costs between the Parties when there are meters at a Shared Site.
8.6. “Point of Connection” is the location where the portion of one Party’s irrigation
system connects to the other Part y’s irrigation system.
8.7. “Portion of the Shared Costs” are the amount of the Shared Costs each Party is
responsible for under Paragraph 3.
8.8. “Shared Costs” are certain costs defined in Paragraph 3.1 that are to be allocated
between the Parties pursuant to Paragraph 3.2.
8.9. “Shared Infrastructure” is components of a physical irrigation system that are used
and relied upon by both the City and the District.
8.10. “Shared Sites” are the combinations of a park and adjacent school site that have
shared irrigation systems that are the subject of this Agreement.
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CITY OF FORT COLLINS, COLORADO, a municipal corporation
By: ______________________________________ Date:
Kelly DiMartino, City Manager
ATTEST:
By: ______________________________________
City Clerk
APPROVED AS TO LEGAL FORM:
By: ______________________________________
Eric Potyondy
Senior Assistant City Attorney
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POUDRE SCHOOL DISTRICT R-1, a public school district and political subdivision of
the State of Colorado
By: ______________________________________ Date:
____________
ATTEST:
By: ______________________________________
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Exhibit 1
Edora Park — Riffenburgh Elementary Shared Site
Park Name: Edora Park
Irrigated Acres: 39.93
School Name: Riffenburgh Elementary
Irrigated Acres: 5.49
Managing Party: City (Parks Department)
Backup Treated Water Taps: The District has backup treated water tap
from City’s Water Utility
Meters: 2
Meter Location: Pump Station and Point of Connection
Raw (Untreated) Water Source: Arthur Irrigation Company shares; some
owned by the City, and some by the District
Shared Infrastructure: Mainline to Point of Connection, main meter,
pump, pond, lateral to fill pond, and
pumphouse
Point of Connection (POC): Northeast of Riffenburgh school grounds
Current Allocation of Shared Costs: Metered Methodology (¶3.2.1)
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Exhibit 2
English Ranch Park — Linton Elementary Shared Site
Park Name: English Ranch Park
Irrigated Acres: 10.31
School Name: Linton Elementary
Irrigated Acres: 2.35
Managing Party: City (Parks Department)
Backup Treated Water Taps: The City and the District each have backup
treated water taps from City’s Water Utility
Meters: 1
Meter Location: Pump station
Raw (Untreated) Water Source: Warren Lake Reservoir Irrigation Company
shares; some owned by the City, and some by
the District
Shared Infrastructure: Mainline, pump, main meter, pond, lateral to
fill pond, and pumphouse
Point of Connection (POC): Pumphouse-looped mainline design
Current Allocation of Shared Costs: Irrigated Acres Methodology (¶3.2.2)
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Exhibit 3
Golden Meadows Park — Kruse Elementary Shared Site
Park Name: Golden Meadows Park
Irrigated Acres: 7.5
School Name: Kruse Elementary
Irrigated Acres: 6.77
Managing Party: City (Parks Department)
Backup Treated Water Taps: The City and the District each have backup
treated water taps from City’s Water Utility
Meters: 2
Meter Location: Pump station and Point of Connection
Raw (Untreated) Water Source: Warren Lake Reservoir Company shares
owned by the City
Shared Infrastructure: Mainline to the Point of Connection, pond,
lateral to fill pond, pump, pumphouse, and
main meter
Point of Connection (POC): Northwest corner of Kruse school grounds
Current Allocation of Shared Costs: Metered Methodology (¶3.2.1)
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Exhibit 4
Harmony Park — Preston Middle School-Traut Core Knowledge School Shared Site
Park Name: Harmony Park
Irrigated Acres: 9
School Names: Preston Middle School and
Traut Core Knowledge School
Irrigated Acres: 18
Managing Party: District
Backup Treated Water Taps: The District has a backup treated water tap
from the Fort Collins-Loveland Water District
Meters: 1
Meter Location: Pump station
Raw (Untreated) Water Source: Warren Lake Reservoir Irrigation Company
shares; some owned by the City, and some by
the District
Shared Infrastructure: Mainline, pond, lateral to fill pond, pump,
main meter, and pumphouse
Point of Connection (POC): Pumphouse-looped mainline design
Current Allocation of Shared Costs: Irrigated Acres Methodology (¶3.2.2)
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Exhibit 5
Radiant Park — Zach Elementary Shared Site
Park Name: Radiant Park
Irrigated Acres: 10
School Name: Zach Elementary
Irrigated Acres: 6.4
Managing Party: District
Backup Treated Water Taps: The District has a backup treated water tap
from the Fort Collins-Loveland Water District
Meters: 1
Meter Location: Point of Connection
Raw (Untreated) Water Source: Warren Lake Reservoir Irrigation Company
and New Mercer Ditch Company shares;
some owned by the City, and some by the
District
Shared Infrastructure: Mainline to point of connection, meter, pond,5
lateral to fill pond, pump, and pumphouse
Point of Connection (POC): South of Kechter Road
Current Allocation of Shared Costs: Irrigated Acres Methodology (¶3.2.2)
5 The pond and lateral are shared by Fossil Ridge High School, Zach Elementary, Twin Silo Park, Radiant Park, and
the City’s planned Southeast Community Center.
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Exhibit 6
Ridgeview Park — McGraw Elementary Shared Site
Park Name: Ridgeview Park
Irrigated Acres: 11.2
School Name: McGraw Elementary
Irrigated Acres: 3.9
Managing Party: City (Parks Department)
Backup Treated Water Taps: The City and the District each have backup
treated water taps from the Fort Collins-
Loveland Water District
Meters: 2
Meter Location: Pump station and Point of Connection
Raw (Untreated) Water Source: Pleasant Valley and Lake Canal Company
shares; some owned by the City and some
owned by the District
Shared Infrastructure: Mainline to the Point of Connection, main
meter, pond, lateral to fill pond, pump, and
pumphouse
Point of Connection (POC): Directly west of ballfield
Current Allocation of Shared Costs: Metered Methodology (¶3.2.1)
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Exhibit 7
Spring Canyon Park — Olander Elementary Shared Site
Park Name: Spring Canyon Park
Irrigated Acres: 50.6
School Name: Olander Elementary School for Project-Based
Learning
Irrigated Acres: 4.78
Managing Party: City (Parks Department)
Backup Treated Water Taps: The City and the District each have backup
treated water taps from the City’s Water
Utility
Meters: 2
Meter Location: Pump Station and Point of Connection
Raw (Untreated) Water Source: Dixon Cañon Reservoir and Ditch Company
shares owned by the City
Shared Infrastructure: Mainline to point of connection, main meter,
pond, lateral to fill pond, pump, and
pumphouse
Point of Connection (POC): Central-east side of SCCP
Current Allocation of Shared Costs: Metered Methodology (¶3.2.1)
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Exhibit 8
Stewart Case Park — Fort Collins High School Shared Site
Park Name: Stewart Case Park
Irrigated Acres: 14
School Name: Fort Collins High School
Irrigated Acres: 36.04
Managing Party: District
Backup Treated Water Taps: The City and the District each have backup
treated water taps from the City’s Water
Utility
Meters: 1
Meter Location: Pump station
Raw (Untreated) Water Source: Arthur Irrigation Company, Sherwood
Irrigation Company, and Sherwood Reservoir
Company shares; some owned by the City
and some owned by the District
Shared Infrastructure: Pond, lateral to fill pond, mainline, pump,
main meter, and pumphouse
Point of Connection (POC): Pump station-looped mainline design
Current Allocation of Shared Costs: Irrigated Acres Methodology (¶3.2.2)
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Exhibit 9
Troutman Park — Lopez Elementary Shared Site
Park Name: Troutman Park
Irrigated Acres: 17.42
School Name: Lopez Elementary
Irrigated Acres: 0.86
Managing Party: City (Parks Department)
Backup Treated Water Taps: The City and the District each have backup
treated water taps from the City’s Water
Utility
Meters: 2
Meter Location: Pump Station and Point of Connection
Raw (Untreated) Water Source: Pleasant Valley and Lake Canal Company
shares; some owned by the City and some
owned by the District
Shared Infrastructure: Pond, lateral to fill pond, mainline to Point of
Connection, main meter, pump, and
pumphouse
Point of Connection (POC): Near basketball courts
Current Allocation of Shared Costs: Metered Methodology (¶3.2.1)
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Exhibit 10
Twin Silo Park — Fossil Ridge High School Shared Site6
Park Name: Twin Silo Community Park
Irrigated Acres: 30
School Name: Fossil Ridge High School
Irrigated Acres: 52.27
Managing Party: District
Backup Treated Water Taps: No
Meters: 2
Meter Location: Pump station and Point of Connection
Raw (Untreated) Water Source: Warren Lake Reservoir Company shares and
New Mercer Ditch Company shares; some
owned by the City and some owned by the
District
Shared Infrastructure: Pond, lateral to fill pond, main meter, pump,
and pumphouse
Point of Connection (POC): Pumphouse
Current Allocation of Shared Costs: Metered Methodology (¶3.2.1)
6 The District agrees to include the City’s Southeast Community Center as a facility irrigated by this shared site once
the facility is built. The City’s Southeast Community Center will be irrigated with an additional share of the City’s
ownership of the Warren Lake Reservoir Company.
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Exhibit 11
Westfield Park — Johnson Elementary Shared Site
Park Name: Westfield Park
Irrigated Acres: 9.95
School Name: Johnson Elementary
Irrigated Acres: 3.22
Managing Party: City (Parks Department)
Backup Treated Water Taps: The City and the District each have backup
treated water taps from the City’s Water
Utility
Meters: 2
Meter Location: Pump station and Point of Connection
Raw (Untreated) Water Source: Pleasant Valley and Lake Canal Company
shares; some owned by the City and some
owned by the District
Shared Infrastructure: Pump, pumphouse, main meter, pond, lateral
to fill pond, and mainline to Point of
Connection
Point of Connection (POC): North side of Johnson school site east of
concrete bridge
Current Allocation of Shared Costs: Metered Methodology (¶3.2.1)
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