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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/18/2011 - ITEMS RELATING TO UTILITY RATES, FEES AND CHARGESDATE: October 4, 2011 STAFF: Brian Janonis Ellen Switzer AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT Items Relating to Utility Rates, Fees and Charges for 2012. A. First Reading of Ordinance No. 138, 2011, Amending Chapter 26 of the City Code to Revise Water Rates and Charges. B. First Reading of Ordinance No. 139, 2011, Amending Chapter 26 of the City Code to Revise Water Plant Investment Fees. C. First Reading of Ordinance No. 140, 2011, Amending Chapter 26 of the City Code to Revise Wastewater Rates, Fees and Charges. D. First Reading of Ordinance No. 141, 2011, Amending Chapter 26 of the City Code to Revise Sewer Plant Investment Fees. E. First Reading of Ordinance No. 142, 2011, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. F. First Reading of Ordinance No. 143, 2011, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. G. First Reading of Ordinance No. 144, 2011, Amending Chapter 26 of the City Code to Revise Stormwater Plant Investment Fees. EXECUTIVE SUMMARY The following overall monthly rate increases are recommended for 2012. % Increase Water 6.0% Wastewater 8.0% Electric 8.3% The water and wastewater rate increases are across the board to all customer classes. There is no change in the monthly rate for stormwater. City Council has requested additional data and time to study proposed changes to the electric residential energy service rate (hereafter referred to as “RESR”). Staff will return to Council on November 15, 2011, to recommend changes to the RESR. All other electric rates are included in the electric rate increase referenced above. The electric rate increases are proposed to vary by customer class from 3.9% to 15.9%. The proposed changes will impact individual electric customers more or less than the customer class averages. With the water and wastewater rate changes contained in the proposed ordinances, a typical single family customer’s monthly bill will increase $4.44 from $138.66 to $143.10 or 3.2%. If revisions to the RESR are approved by Council at a later date, the typical residential customer will likely see an additional increase in costs. The later change will depend on the rate form option preferred by City Council. Changes to the water and wastewater plant investment fees and electric development fees will also go into effect if the proposed ordinances are approved. A 4.7% increase in water plant investment fees (PIFs) and a 1.2% increase in stormwater PIFs are proposed. A 3% reduction in wastewater PIFs is recommended. On average, electric development fees will increase from 1% - 3.5% for residential and decrease less than 1% for commercial. Several additional Code modifications and clarifications are also contained in the ordinances above. October 18, 2011 -2- ITEM 20 BACKGROUND / DISCUSSION Monthly Utility Rates The recommended 2012 rate increases differ from the rates that were proposed in the original 2011-2012 Budget. The changes are summarized in Attachment 1 and further explained by the staff memos included as Attachments 2 and 3. All proposed rates would be effective for meter readings on or after January 1, 2012. A. Monthly Water Rates (Ordinance No. 138, 2011, Amending Chapter 26 of the City Code to Revise Water Rates and Charges.) Staff proposes a 6% water rate increase. The increase is across the board and applies to all rate classes. With the proposed rate, a typical single family residential customer’s monthly bill will increase 6% as shown in the following table: Single Family Typical Use 2011 Monthly Water Bill Proposed 2012 Monthly Water Bill $ Increase % Increase January 5000 gallons $24.13 $25.58 $1.45 6% July 21,000 gallons $65.11 $69.04 $3.93 6% Monthly Average* $35.87 $38.05 $2.18 6% *Average based on seasonal use of 117,131 gallons per year Although water rates were increased 3% in 2007, 2010 and in 2011, total Water Fund revenues decreased 23% between 2006 and 2010. The reduction in use is thought to be a combination of conservation, weather and economic factors. While water use is down, the vast majority of the costs of operating the water system are fixed and do not vary based on customer use. The proposed 2012 rate increase is required to fund operations, capital improvements and maintain debt service coverage. Staff has increased projections for Water Fund capital projects needs between 2013 and 2020 by $33 million. Most of this increase is for distribution system replacement ($22 million). The distribution system project increase is a result of the preliminary data from the asset management program. The increase is not related to Halligan Reservoir which is to be funded from the Water Rights Reserve. The Water Rights Reserve is funded by developers’ cash-in-lieu-of water rights payments and is restricted to the purchase of water rights and water storage only. See Attachment 2 for additional detailed explanation of the water rate increase. In addition, staff is proposing to eliminate unmetered construction water for customers with planned water services with meters greater than 1-inch. Staff is also recommending a monthly charge for 3/4-inch and 1-inch construction water service. Construction water will remain unmetered for 3/4-inch and 1-inch services but instead of a flat one time fee on the building permit (equivalent to 1.5 times the base charge for the future account), a monthly account will be established and billed a flat charge based on estimated construction use of 7000 gallons per month. Monthly billing will continue until the permanent meter is set. These changes are proposed to eliminate, or at least reduce, the extended over use of the unmetered construction service and will better reflect the cost of the water provided. Construction Water Frequency of Billing 3/4-inch Meter 1-inch Meter Current 2011 One time charge $ 20.40 $ 50.93 Proposed 2012 Monthly charge $ 25.46 $ 48.55 Includes PILOTs October 18, 2011 -3- ITEM 20 B. Monthly Wastewater Rates (Ordinance No. 140, 2011, Amending Chapter 26 of the City Code to Revise Wastewater Rates, Fees and Charges.) Staff proposes an 8% wastewater rate increase for 2012. The increase is across the board and applies to all rate classes. With the proposed increase, a typical residential customer’s bill will increase from $28.59 to $30.88 or $2.29 per month. The typical customer is based on 4,800 gallons of winter quarter water use. Council previously approved a series of annual wastewater rate increases starting in 2008. The prior rate increases, as well as the proposed 2012 increase, are necessary to fund wastewater operations and meet the increase in long term debt service obligations for the now completed capital project which replaced the trickling filter, made odor control improvements and prepared for future regulatory requirements at the Mulberry Water Reclamation Facility. C. Monthly Electric Rates (Ordinance No. 142, 2011, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges.) Based on Council response at the September 13, 2011 Work Session, the electric rate ordinance does not contain any changes to the RESR, the rate applicable to the majority of residential customers. The changes to the RESR will be presented in a separate ordinance on November 15, 2011 and will contain several rate form alternatives. The ordinance for consideration at this meeting pertains only to the Residential Demand, Commercial (General Service, General Service 25, General Service 50), Industrial (General Service 750) and Traffic rates. Fort Collins’ wholesale and retail electric rates are among the lowest in the region and nation. This will continue to be true following the 8.3% electric rate increase proposed for 2012. The 8.3% increase is the system average and will not be equally applied to all customer rate classes. Based on a cost-of-service study, the proposed rates vary by rate class as follows: Proposed Rate Class Increases for 2012 Individual customers will vary from the class average. Summer increases (June, July and August) will be greater than average. RESR – Not included in Ordinance No. 142, 2011 6.0% Residential Demand Rate 15.9% 1. General Service (small commercial less than 25 kW) 3.9% 1. General Service 25 (small commercial between 25-49 kW) 15.5% General Service 50 (medium commercial between 50-749 kW) 8.7% General Service 750 (large com/industrial greater than 749kW) 11.0% Traffic Signals 11.3% Floodlights 0.0% Average System Increase 8.3% 1. New rate classes proposed for 2012 4.8% of the 8.3% system-wide increase is due to a 6.4% increase in Platte River Power Authority’s purchase power rates. In addition, Platte River’s wholesale rate will be seasonal, with higher rates in June, July and August. Platte River’s 2012 purchase power rate increase is due to several key factors: • Reduced surplus sales • Increased operating and maintenance costs • Increased financing and depreciation costs as new projects are placed into service • Reduced interest income – due to low interest rates and lower cash reserves The remaining 3.5% of the 8.3% is required to reduce the use of Light and Power’s reserves to cover the cost of system improvements and replacements. While the reduction of reserves has been intentional, expenditures in the Light and Power Fund have exceeded revenues each year since 2007. Even following the proposed 3.5% increase, expenditures are projected to exceed revenues for 2012. October 18, 2011 -4- ITEM 20 The larger commercial classes are experiencing a greater than average increase due to the shift of purchase power costs from demand charges to energy charges in Platte River’s new rate form. Those customers with larger load factors, typically larger commercial and industrial customers and also the traffic signal system, will have larger than average increases in the purchase power components of their rates. (Load factor measures the consistency of power use over time.) Although the last cost-of-service study showed that the residential demand (“RD”) rate was 18% under cost-of-service, all rate classes were limited to a 10% increase in 2011. The 2012 increase brings the RD rate class up to full cost-of- service. The rate has traditionally been selected by high-use customers such as those who exclusively heat their homes with electricity. The increase to this rate will make the RESR more economical for many of the existing RD customers in 2012. Staff is also recommending that the RD rate be available only to those customers providing documentation that their home is heated entirely with electric energy. These changes will begin a phase-out of the RD rate. Electric Rate Form Changes Changes in the electric rate forms are necessary to align rates in support of the City’s Energy Policy and Climate Action Plan goals. By adopting rate forms to incentivize customers to conserve and use energy more efficiently and by providing energy conservation assistance and programs to our customers, the City will more likely be able to achieve its policy goals. In addition, successful implementation of these tools will delay or defer the expense of constructing additional generation resources. Rate form changes are also needed to pass through the seasonal cost differentials that will be charged by Platte River Power Authority beginning in 2012. All rates will have higher costs in the summer (June, July and August) than during the remaining nine “non-summer” months. Consistent with Platte River, the recommended rates also shift a greater proportion of the rate from the demand charges to energy charges. Rate form options were presented to the Council Finance Committee on August 15, 2011 and to the full Council at work sessions on September 13, 2011 and October 11, 2011. Based on Council’s responses to the questions posed at the work sessions, there is a delay in the ordinance making changes to the RESR until November 15, 2011. Several options for the RESR ordinance will be presented at that time. The changes recommended for the RD and Commercial/Industrial rates seemed to have wide-spread support at the September 13 Work Session. The following summarizes changes to the electric rate forms that are included in the proposed electric rate ordinance. • Residential Demand: The residential demand rate will be increased to the cost-of-service and energy charges will reflect the seasonal differential. The rate will be available only to customers who heat their residences exclusively with electricity. • Small /Medium Commercial: The General Service rate is currently one rate class serving all commercial customers with average monthly demands of less than 50 kW. Staff is proposing that it be split into two rate classes beginning in 2012. N General Service - energy-only seasonal rate for customers with average monthly demands of less than 25 kW N General Service 25 - energy/demand seasonal rate for customers with average monthly demands of between 25 and 49kW • Large Commercial / Industrial: The recommended rate form changes for the GS50 and GS750 rate classes are due to Platte River’s seasonal wholesale rate. N General Service 50 – add seasonal energy and coincident demand components for customers with average demands of between 50-749 kW N General Service 750 – add seasonal energy and coincident demand components for customers with average demands of 750 kW and greater Additional Amendments to Electric Article and Rates • Wholesale Transactions: Staff is recommending the addition of a Code section and definition to clarify terms of wholesale transactions and to specify that the retail rates, requirements and electric development fees do not apply to wholesale purchases. October 18, 2011 -5- ITEM 20 • Clarification of Net Metering Credit: Staff is recommending that the rate schedule specify that credits for net excess generation due to net metering will be based on the summer season retail energy charge as reflected in the new rate structure. • Clarification of Parallel Generation Credit: Staff is recommending that the rate tariff schedule specify that credits for parallel generation delivered to the utility will be based on Platte River Power Authority’s avoided cost rate. • Clarification of Distribution Facilities Demand: The proposed change more fully defines distribution facilities demand for the large commercial and industrial rate classes and permits the Utilities Executive Director to use an alternative method to recover a customer’s cost-of-service share of distribution demand if the costs associated with serving a customer are not fully recovered by the standard rate. Monthly Rate Increase Summary The following chart summarizes the impact of the proposed rate changes on a typical single family residential customer: Typical Residential Customer – Monthly Utility Bill Current 2011 Estimated 2012 $ Increase % Increase Electric 700 kWh/mo $59.94 $59.94 * * Wastewater 4,800 gal/mo WQA $28.59 $30.88 $2.29 8.0% Stormwater 8,600 sq.ft. lot, light runoff $14.26 $14.26 $0.00 0.0% Water 117,131 gal/yr $35.87 $38.03 $2.15 6.0% Total Estimated Average Monthly Utility Bill $138.66 $143.10 $4.44 3.2% * The 2012 electric RESR will not be considered by Council until a later Council meeting and therefore will not be effective as of January 1, 2012. A change, averaging 6% is expected to be effective February 1, 2012. October 18, 2011 -6- ITEM 20 The following charts compare Fort Collins Utilities’ monthly rates to others along the Front Range. The electric rate shown for Fort Collins for 2012 is the current 2011 rate. A change to the RESR is expected to be effective in February. The average change to the residential energy rate class is projected to be 6%. 2011 Residential Rate Comparison January Water Use - 5,000 Gallons $- $20 $40 $60 $80 $100 $120 $140 $160 Stormwater $7.13 $10.39 $8.89 $7.10 $14.26 $5.63 $14.26 $- $8.16 Wastewater $20.38 $18.11 $15.83 $20.32 $28.59 $20.48 $30.88 $31.27 $16.72 Water $13.96 $13.19 $18.05 $18.85 $24.13 $26.70 $25.58 $25.26 $38.41 Electric $51.65 $55.37 $76.21 $76.21 $59.94 $76.21 $59.94 $77.47 $76.21 Longmont Loveland Denver Boulder Ft. Collins Greeley Ft. Collins '12 Co.Sprs Aurora 2011 Residential Rate Comparison July Water Use 21,000 Gallons $- $50 $100 $150 $200 $250 Stormwater $10.39 $7.13 $14.26 $7.10 $14.26 $8.89 $5.63 $8.16 $- Wastewater $18.11 $20.38 $28.59 $20.32 $30.88 $15.83 $20.48 $16.72 $31.27 Water $40.71 $59.18 $65.11 $60.14 $69.04 $80.71 $80.14 $123.46 $128.10 Electric $55.37 $51.65 $59.94 $85.16 $59.94 $85.16 $85.16 $85.16 $77.47 Loveland Longmont Ft. Collins Boulder Ft. Collins '12 Denver Greeley Aurora Co.Sprs October 18, 2011 -7- ITEM 20 Plant Investment Fees (PIFs) and Electric Development Fees City Code requires staff to present water, wastewater and stormwater plant investment fees to Council for approval no less than every other year. These fees were last changed in 2009 effective on January 1, 2010. Staff is recommending changes to each of the wet utility PIFs. Water and Stormwater PIFs are increasing 4.7% and 1.2% respectively. Wastewater PIFs are recommended to decrease 3%. Electric development fees are also required to be approved by City Council no less than every second year, although historically staff has recommended annual changes. The current electric development fees were approved by Council in 2010 and were effective January 1, 2011. Staff is recommending the following changes to be effective on January 1, 2012. A. Water Plant Investment Fees (Ordinance No. 139, 2011, Amending Chapter 26 of the City Code to Revise Water Plant Investment Fees.) The water plant investment fees were developed to recover the current value of past investment and the current value of future growth-related investment through 2040. This method includes calculating net water system equity, capacity units and determining the net system equity per unit. The Water PIFs are calculated to increase an average of 4.7% for 2012. There are two major factors influencing the increase. First, projected capital improvements related to regulatory requirements have been allocated to the PIF for that portion of the improvements that will serve new growth. Other revisions have been made to the long range capital improvement plan which also impacted the Water PIF calculations. Together, these capital changes have increased the PIF requirement. The second factor offsets the increase. In 2009, detailed information was not available to classify the construction work in progress. The decision was made to treat it all as backbone related capital additions. This overstated the 2010 PIF requirement. Since that time, additional reporting is available to clearly classify the work in progress. This resulted in a reduction in equity of the backbone system. Water PIF charges for a typical single family lot (8600 sq ft) would increase from $3,826 to $4,084 or $258. The following table shows the proposed increases for water PIFs. Water Plant Investment Fees 2011 2012 Existing Proposed % Change Single Family Residential: Domestic Interior Use - Flat Charge $ 730 $ 730 0.0% Exterior Use - $/Sq ft $ 0.36 $ 0.39 8.3% Duplex and Multi Family: Domestic Interior Use - Charge per Unit $ 490 $ 510 4.1% Exterior Use - $/Sq ft $ 0.27 $ 0.27 0.0% Non-Residential by Meter Size 3/4" $ 7,530 $ 7,880 4.6% 1" $ 21,730 $ 22,750 4.7% 1-1/2" $ 45,300 $ 47,410 4.7% 2" $ 69,070 $ 72,290 4.7% 3" $ 157,920 $ 165,290 4.7% 4" and above assessed on individual basis October 18, 2011 -8- ITEM 20 B. Wastewater/Sewer Plant Investment Fees (Ordinance No. 141, 2011, Amending Chapter 26 of the City Code to Revise Sewer Plant Investment Fees.) The wastewater plant investment fees were developed to recover the current value of past investment and the current value of future growth-related investment through 2040. This method includes calculating net wastewater system equity, capacity units and determining the net system equity per unit. The Wastewater PIFs are calculated to decrease 3% for 2012. Like the Water PIF, this reduction is in part due to a change in the basis for calculating construction work in progress. Other recent revisions to the long range capital improvement plan have reduced the Wastewater PIF calculations. Wastewater PIF charges for a single family lot would decrease from $3,550 to $3,440, a reduction of $110. The following table shows the proposed changes. Wastewater Plant Investment Fees 2011 2012 Existing Proposed % Change Single Family Residential $ 3,550 $ 3,440 -3% Duplex and Multi Family, per unit $ 2,490 $ 2,410 -3% Non-Residential by Water Meter Size 3/4" $ 7,100 $ 6,880 -3% 1" $ 17,880 $ 17,300 -3% 1-1/2" $ 31,490 $ 30,480 -3% 2" $ 55,290 $ 53,520 -3% 3" $ 150,130 $ 145,310 -3% 4" and above assessed on individual basis C. Electric Development Fees (Ordinance No. 143, 2011, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges.) Electric development fees recover both actual on-site costs (building site charges) and allocated off-site costs (electric capacity charges) to serve commercial or residential development. These fees are typically adjusted annually to reflect changes in costs. Proposed 2012 fees will increase slightly for some developments (1%-3%) and decrease slightly for others. The table below shows the changes for a typical single family lot and a model commercial development. Typical Single Family Lot 8600 square feet, 70 foot of street frontage, 150 amp service, 4/0 secondary service Current 2011 Proposed 2012 $ Change % Change $3,139 $3,233 $94 3.0% Model Commercial Development 82,000 sq ft, 1900 ft street frontage, 250 ft primary srv, 600 amps, 208Volt, 3-phase, 1-transformer Current 2011 Proposed 2012 $ Change % Change $31,076 $30,981 -$95 -0.3% D. Stormwater Plant Investment Fees (Ordinance No. 144, 2011, Amending Chapter 26 of the City Code to Revise Stormwater Plant Investment Fees) The Stormwater PIFs are recommended to increase 1.2% in 2012. The increase represents a $7.3 million increase in capital facilities added since the last study. However, annexation has caused an increase in total developed and developable acres which results in an increased divisor in the calculation. The two changes result in a modest increase of 1.2%. The PIF will increase from $6,313 per acre to $6,390 per acre. Stormwater PIF charges for a typical single family lot would increase from $1,069 to $1,082, an increase of $13. October 18, 2011 -9- ITEM 20 PIF Change Summary The following chart summarizes the impact of the proposed PIF and development fee changes on a typical residential lot: PIF Changes for Typical Single Family Current 2011 Proposed 2012 Change % Change $ Water1 Raw Water2 Wastewater Stormwater3 Electric1 Total $3,826 $5,203 $3,550 $1,069 $3,139 787 $4,084 $5,203 $3,440 $1,082 $3,233 $17,042 6.7% 0.0% -3.1% 1.2% 3.0% 1.5% $258 $0 (-$110) $13 $94 $255 1Typical, based on lot size of 8,600 sq. ft.; 70-foot street frontage 2 No increase for Raw Water 3 8,600 sq. ft. lot plus estimated 6,156 sq. ft common area and right-of-way; .5 run off coefficient Next Steps: November 1, 2011 City Council Meeting • Second Reading of these seven Ordinances November 15, 2011 City Council Meeting • First Reading of Residential Energy Service Rate Ordinance with seasonal and seasonal-tiered options • First Reading of Service Charges Ordinance with increases for after-hours service charges and a monthly fee for manual meter reading for customers who opt out of the Advanced Meter Fort Collins project. December 6, 2011 City Council Agenda • Second Reading of Residential Energy Service Rate Ordinance • Second Reading of Service Charges Ordinance January 1, 2012 • Effective date of the seven Ordinances included in this agenda item summary and for changes in service charges. (Monthly rate ordinances are effective for billings with meter readings on or after this date.) October 18, 2011 -10- ITEM 20 the total increase. That amount will depend on the rate form option selected by Council at the November 15, 2011 Council meeting. Utility programs can help customers to reduce their water and electric use and to lessen the financial impact of the rate increases. ENVIRONMENTAL IMPACTS Funding from the proposed electric rate increase will allow the Utilities to continue programs and services aimed at meeting the goals and objectives of the Energy Policy and Climate Action Plan. Accurate seasonal price signals may delay/ avoid the need for additional peak electric generation. Water and wastewater rates provide funding for conservation programs and environmental regulatory compliance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION At its September 15, 2011 meeting the Water Board recommended approval of the proposed 2012 water and wastewater monthly rates and the plant investment fees for 2012. At its October 6, 2011 meeting, the Electric Board voted to recommend approval of the proposed 2012 electric rates (exclusive of the Residential Energy Services Rate) and the proposed 2012 electric development fees. PUBLIC OUTREACH Notice of the proposed electric rate changes was published in the Coloradoan on October 2, 2011 and a mailing was sent to City electric customers outside of the city limits in accordance with PUC requirements. Electric rate forms were discussed at the Council Finance Committee on August 15, 2011 and at a Council Work Session on September 13. A written review of all the rates was included in the October 10, 2011, Council Finance Committee Agenda; however, discussion of the item was postponed until October 17, 2011. Staff plans to conduct outreach to all customers following adoption of the Ordinances. ATTACHMENTS 1. 2012 Utility Rate Increases – Explanation of Change 2. Staff memo to Council related to water rate increase, September 19, 2011 3. Staff memo to Council related to electric rate increase, September 19, 2011 4. Staff memo to Council related to plant investment fees, September 19, 2011 5. Council Work Session Summary September 13, 2011 6. Council Finance Committee, August 15, 2011 7. Water Board minutes, September 15, 2011 8. Electric Board minutes, October 6, 2011 9. Power Point Presentation ATTACHMENT 1 2012 Utility Rate Increases Current Original Projection Recommendation 2011-2012 Budget 2012 Revised Budget Explanation of Change Electric Purchase Power 4.53% 4.80% 2012 purchase power rate will increase 6.4% for Fort Collins. This was projected at 6.0% in 2010 when the 2011-2012 Budget was prepared. Capital Funding 1.70% 3.50% Expenditures have exceeded revenues since 2008. During this time, much of the capital and system replacement program has been intentionally funded by reserves, which has resulted in reduced L&P reserves balances. Two substations ($11.3 million), the SW Annex Electric Transfer ($1.9 M to date) and replacement of aging infrastructure ($7.4M) have proceeded without raising rates for the construction. Miscellaneous revenues (primarily interest income and development fees), which have helped to fund fixed costs and capital projects and system replacement in the past, have declined significantly. Growth in energy sales, which has also forestalled rate increases in the past, has declined. Projected reserves are now anticipated to fall below minimum policy levels as early as 2013 without a series of rate increases starting in 2012. The 1.7% originally planned, is no longer adequate to reverse this unsustainable deficit. Total Electric 6.23% 8.30% The 8.3% projection does not include rate increases for the Fort Collins Solar Program and the Energy Effeciency Financing Program 2012 Budget exception requests. Water 0% 6% Actual total water fund revenues have decreased 23% between 2006 and 2010. A 6% rate water rate increase is needed to address steadily declining water fund revenues due to customer conservation and wet weather. These uncertainties, as well as the slow economy, have made it difficult to project water revenues. Actual revenues from the sale of water were $6.4 million less than projections between 2006-2010. Since 2010, demand projections have dropped from 150 gallons per capita per day (gpcd) to as low as 138.5 gpcd. The water fund has also been impacted by a drop in interest revenue and plant investment fees requiring the Water Fund to rely more heavily on rate revenue to cover fixed costs and capital improvements. The proposed increase is necessary to stabilize revenue and net income and maintain adequate reserves to fund long term capital maintenance programs. Wastewater 8% 8% No change from 2011-2012 Budget. Stormwater 0% 0% No change from 2011-2012 Budget. ATTACHMENT 2 Utilities City of electric stormwater. wastewater water 7CC Wood Street Fort CoLLins : utilities @fcgov. corn fcgov.cornJutthlies MEMORANDUM Date: September 19. 2011 To: Mayor Weilkunat and Councilmembers From: Kevin Geruig, Water Resources & Treatme.i.X)peia[ions Manager -tJ Brian Janoni.s. Utilities Executive Directoi , Ii Thru: Darin Atteherry. City Manager ‘‘rfi ) Re: 2012 Water Fund Rate Increase The proposed 6 percent water rate increase for 2012 is needed to address steadily declining water fund revenues. The impact of customers’ response to water saving measures. the unusually wet weather in 2009 and again this year, as well as the decline in the economy, has negatively impacted water fund revenues. The unstable environment created with the changes in the economy, conservation, and weather makes it difficult to project water fund revenues. Actual operating revenues between 2006 and 2010 were a total of $6.4 million less than projections. As of the end of May the 2011 demand projections have been decreased from 150 gallons per capita per day (gpcd) to 145.9 in order to accommodate the wet year. The May demand adjustment reduces the 201 lopcradng revenue projections by $159,000, or 1°A. More recent information indicates that it may drop by an additional 5(4 to [38.5 gpcd resulting in a further reduction in revenue of $675.000. The following is a five year analysis of actual water fund revenue from 2006-2010: • Actual total water fund revenues between 2006 and 2010 have decreased 23°A. • Operating revenue has decreased l0’7 over the last five years after factoring in the 6% rate increases (3’% in 2007 & 2010). • Development related revenue declined 74(4. • Non operating revenue decreased 63% • With shrinking develonment revenue, operating revenue is being relied upon to cover more of the costs. • In 2006 operating revenue was 7ILA of total revenue: by 2010 it was 89/o 01 total revenue. • Demand decreased 15(4 over the last five years and is projected to drop by 19 if the 2020 water conservation goal is met. The proposed rate increase is intended to stabilize revenue, as well as net income, and rnaiiitaii adequate reserves which help fund long term capital maintenance projects. Net incoim’ has declined an overall $4.8 million from 2006 to 2010. City cf Fort Collins Although the water utility continues to experience increased costs in chemicals, supplies and energy. the overall increase in actual expenses from 2006 through 2010 have been contained at 10’A. During that period the cost of the operating programs, which includes treatment, transmission and distribution, engineering, laboratory services, water resources and conservation. increased by 169; administrative costs increased 24Vc, and interest expense decreased 504. The Water Fund’s 2011 operating budget is 6°/c lower than 2010’s operating budget. The graphs below demonstrate a 5-year history of actual revenue and projected revenue through 2020. with and without the 6% rate increase in 2012. Additional graphs include a 5-year history of expenditures in the water fund, the comparison of projected operating revenues vs. actual operating revenues, and the impact on net income. $10 $40 $35 $30 I Develop Revenue Water Fund Revenue With 0%Rate Incr 2012 & 2°/i 2.5%2013-2014 C Other Nonoperating -.-—-_—-—.-•-•-----•---. mOperatingRevenue Actual ojected Revenue —-- - Revenue $25 $20 $15 $5 S. 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 I Develop Revenue Water Fund Revenue With 6% Rate lncr 2012 & 8% 2013-2015 0 Other Nonoperahng $40 — -------• ------- iOperatirigRevenue - $30 $25 $20 $15 $10 $5 2006 2007 2008 2009 2010 2011 2012 2013 20’4 2015 2016 2017 2018 2019 2020 Ft°o([ ins Water Operating Expenditures, Capital, & Bond Principal IapitalF’ojects $3,623,369 $3,318,667 $3,401,817 $3,754,579 - $5,515,793 D kro- CaptaI $841,535 $617,586 $594,378 $713,005 $499,069 oBondftincipal $5,300,935 $4722,368 $4,868,800 $4,227,982 I $2,574,911 C Transfer to CS & A F,rid $2,835,917 $2,901 642 $3,859,087 $3,839,790 $3,897,100 O Pynnts & Transfers $4,318,426 $4,309,071 $4,229,206 $3,916,545 $3,553,911 D Water Conservation $- $. $- $1,269 $273,262 DWaterResources $1,376,381 t. $1,389,636 t $1,386,216 $1,493,842 f $1,449,875 4 - — 0 Water Quality $878,464 $940,117 $874,180 $941,200 $897,282 •WaterT&D Eng $2056236 $2167859 $2316977 $2255027 $2369234 4-.- 0 Water F1’oduction $3,898,511 $4,160,623 $4,355,886 $4,772,714 $4,444,073 • Water ter Ope-ators $451,944 $466,530 $522,268 $543,655 $583,148 $30 $25 $20 $15 $10 -i $5 — 2006 2007 2008 2009 2010 $10 $81 $6 City of Fort CoLLins U, 0 Water Revenue - Charges for Services Actual Revenue is $6.4 mIllion Iessthan projected 2006-2010 $30 $251.. - $20 $15 sioL $5 4 2006 2007 2008 2009 —.— Actual Operating Revenue 2010 Fojected Net Income- Water Fund 2006-2010 $4 $2 $- L* 2010 2006 2007 2008 2009 —.—Net Income $7,904,128 $6,946,393 $5,326,007 $1,124,766 $3,144,821 ATTACHMENT 3 Utilities C.t f electric stormwater wastewater I water 0 700 Wood Street Fort CoLlins 970221.66 19 utllhties@fcgov corn fcgov.com/utililies MEMORANDUM DATE: September 19, 2011 TO: Mayor Weitkunat and Councilmembers FROM: Steve Catanach, Light and Power Operations Manager 41 Ellen Switzer, Utilities Financial Operation4anager . st’ Brian Janonis, Utilities Executive Director THRU: Darin Atteberry, City Manager RE: 2012 Electric Rates - Additional background for the September 26, 2012 Otyof rtIns the total cost of operating, maintaining and improving electrical infrastructure. The original 2012 budget provided a I increase to begin funding more of the costs of the capital improvements through monthly rates, however, the draw down on reserves has been accelerated due to significant decreases in interest income and development fee revenue. Without a series of 3.5% rate increases starting in 2012 to cover the costs of capital additions and improvements, Light and Power Fund working capital reserves will fall below minimum policy levels starting as early as 2013. (Note: These proposed 3.5% increases do not include any purchase power adjustments.) The following chart shows the reduction in these revenue sources. Light and Power - Non Operating Revenues $9- -— $8 . I Misc Reenue - —1 I —-——- o DeIopment Fees $6 - — • inteist w - I-.... 2006 2007 2008 2009 2010 BudOet Est 2011 Otiginat Revised 2011 Budget Est2012 2012 • Development related revenue declined 67% between 2006 and 2010. • Interest revenue decreased 63% • With these shrinking revenues; operating revenue is being relied upon to cover more of the costs of capital additions and replacements. Net Assets: Change in Net Assets declined from $9.8 million in 2006 to $1.2 million in 2010 and was -$1.0 million in 2009. This provides funding for all system additions and capital projects except for those funded by bond issues. The proposed 8.3% rate increase is will begin to stabilize revenue, as well as net income, and maintain adequate reserves for operating and capital contingencies. The graph that follows shows the annual change in net assets over this period. Change In Net A5seta L&P Fund (M Rind fliwnu.e .me AS Op.ratJn E.sp.nua IncIui5n Depr.cletton) 512 -.-- Change In Net Melts 62782OW 5(2) City of ECcjins Increases for implementation of the Energy Policy Services have been funded by earlier rate increases in 2010 and 2011. However, labor, services and materials for Light and Power operations and maintenance, as well as, capital projects and system additions and improvements continue to increase. Since 2006 the combined cost of the Light and Power Operations and System Additions and Replacement programs increased 25%, with an increase of 19% in personal services and an increase of 34% in non-personal services purchases. During periods of consistent 3+% annual growth, increased fixed costs were able to be funded by revenues from increased kWh sales. KWh sales have stabilized and even declined over the last few years. While this is consistent with Energy Policy objectives, it does not provide adequate ongoing funding for the distribution system. Rate increases are required to cover the increasing fixed costs of operating and improving the electric system. Summary: The following graphs show the gap between Light and Power’s total revenues and expenditures. Revised Estimate 2012 includes the projected rate increase of 8.3%. Please observe that even with this rate increase, expenses will continue to exceed expenses and the Utility will continue to draw on remaining reserves for the difference. Light and Power - Expenditures with Depreciation O,fi P...d Oil Iudg2OlO 2012 Light and Power - Expenditures without Depreciation - $120- --—--- 4-_;i- ‘ C 1 lii I 2004 2007 2004 0009 2010 bidcil2Oll 0112011 Odgil R.iadE,l Totai Revenuwa ITotaI fljy lUdi4 2012 2012 While the draw down on reserves was intentional, reserves are projected to be reduced to minimum levels in the next few years. A series of rate increases, starting in 2012 are necessary to reverse this unsustainable deficit. $140 $120 $100 $80 fr $40 $20 2004 2007 2001 2009 2010 Budgil 2011 Lii 2011 1otaI Revenuel nTolai Expancttures Recommendation: Staff recommends an 8.3% rate increase for 2012. ATTACHMENT 4 Utilities C ity of electric storrnwater wastewater water 700 Wood Street Fort ColLins 97Q2 TOD utilities @fcgov. corn (cgov corn/utilities MEMORANDUM DATE: September 19, 2011 TO: Mayor Weitkunat and Councilmembers FROM: Bill Switzer, Rate Analyst • Brian Janonis, Utilities Executive Directori!6 ThRU: Darin Atteberry, City Manager €if RE: 2012 Utility Plant Investment Fees — Additional background for the September 26, 2012 Council ....F&iboWns Water Plant Investment Fees Initially, in 2005, the approach used to calculate the water PIFs was the Buy-In approach based on the understanding that all “backbone” and treatment facilities necessary for future growth had been constructed. However, to accommodate the additional capital needed to meet future growth, a 14MG treated water reservoir was scheduled (in 2009) for construction in 2016-17 for an estimated cost of $23M The need for this project resulted in a change to the Hybrid approach for the 2009 study. Table A below shows an overall increase of 4.7% to the proposed 2012 water PIFs. All 2011 values are in current dollars. Three items of significance need to be highlighted: Water Plant investment Fee analysis and update - Table A 2009 Study 2011 Study for2Ol2 Fees Descnptlon Change $ $ $ Existing Backbone Facilities Distritution System (16-Inch and larger) 87,1 00.000 86,400,000 (700,000) -0.8% Less $5.5M Contract investment I 968 (10,1 00,000) (1 0800,000) (700,000) 6.9% Other Facilties 237,100.000 250.700,000 13600,000 5.7% Less $2,313K Contract investment 1988 (4,200,000) 14,500,000) (300,000) Less $668K Contract investment 1999 (900,O00 (1,000,000) (1 00,000) Proposed Growth Related Capital Mdltions Capital improvements 27,660,000 3,000,000 Regulatory projects attributed to unused capacity (27.7 of 78.0 Mgd) - 31,400,000 Total capital Additions 27,660,000 34,400,000 6,740,000 24.4% CWIP 2010 10,894,766 309,746 (10,585,020) -97.2% Total Existing Backbone Facilities 347,554,766 355,509,746 7,954,9602.3% Less: Outstanding Existing Debt Principal (a) (29,800,000) (23,303,000) 6,500,000 -21.8% Total Debt Service — (29,800MOO) (23,300.000) 6,500,000 -21.8% Total System Valuation 317,754,766 332,209,746 14,454,980 4.5% Goss System CapacIty 87,000.000 87,000,000 0 Less: Contract CapacIty 9,000,000 9,000,000 0 Not System Capacity, GPO 78,000,000 76,000,000 0 0.0% Proposed PIF, $ per gpd 4.07 4.26 0.19 4.7% (a) Ewisting debt principal excludes remaining A-Bpilncipaipayrnents. 1. The following changes have been made to the proposed capital additions: • A 14MG treated water reservoir ($23M) scheduled for 201 6-2017 was removed from the CIP for reasons described by the Lisa Voytko: “it has been determined that the proposed new 14 Mgal reservoir is not required, iF a new chlorine contact basin at the Water Treatment Facility is constructed. While storage for emergency, fire and operational needs is still required, it can be met by using the existing finished water reservoirs on site to their full extent. Currently part of the volume in those reservoirs must be reserved to meet chlorine contact time, a requirement for disinfection. When a new stand-alone chlorine contact basin is constructed, that volume in the reservoirs will CT o1 Fart Collins be available, and will meet the projected future needs of the Fort Collins rate payers for storage (fire, emergency, operational).” • There are also significant projects planned for regulatory purposes (including the chlorine contact basin mentioned above). Those portions of the regulatory projects attributable to unused capacity are considered as growth related expenses and included in the PIE calculation. Wastewater Plant Investment Fees C:ey cf fort CoWns In 2005, the Hybrid approach was and continues to be used to calculate the wastewater PIEs because the City’s wastewater growth met the criteria (above) for this approach. Table B below shows an overall reduction of 3% to our 2012 wastewater PIEs. Four items of significance need to be highlighted: Wastewater Plant Investment Fee analysis and uDdate -Table B 2009 Study 2011 Study Change Description $ $ - Existing Backbone Facilities Coflection System (10-Inch and larger) 61,900,000 67,600,000 5,700,000 9% Other Facilities 215,600,000 232,700,000 17,100,000 8% Less $19M Contract investment 1987 (35,800,000) (38,100000) (2,300,000) 6% cWl) ‘:•. I 8,400,000 1,6b1 562 ( IS 798,4313; -91% Total Existing Backbone FacilitIes 260,100,000 263,801,562 3,701,562 1% Proposed Capital Additions Capital Improvements (w/o collection) 91,000,000 55,500,000 )95,50Q,000 -39% Capital rn proveme nts - collection only 1 0,661 081 1 0,400,000 (261,03!) -2% Regulatory projects attributed to unused capacity (9.5 at 27.2 Mgd) . 0 1 9,400,000 19,400,000 Total Proposed Capital Additions 101,661,081 65,300,000 (16361,081) -16% Debt Service Proposed Debt Carrying Costs Less: Outstanding Existing Debt PrIncipal (39,700,000) (37,300,000) 2,400,000 Less: Poposed Debt Principal 0 Total Debt Service (39,700,000) (37:300,000) 2,400,000 -6% Total System Valuation 322,061,081 311,801,562 (10,259 519) -3% Giss System Capacity 29,000,000 29,000,000 0 0% Less: Con tract Cape city 1.800.000) 1.800000) 0 0% Net System Capacity, Gala per Day 27,200,000 27,200,000 Proposed PIF, $ per gpd $ 1184 $ 1 1.46 -3% 1. A $38M South Process Train Expansion project planned for 2014-15 was removed from the Capital Improvement Plan (CIP). In 2009, projected growth needs were re-evaluated with the result that this project is no longer necessary due to significantly reduced growth projections. 2. There also are significant projects planned for regulatory purposes. Those portions of the regulatory projects attributable to unused capacity are considered as growth-related expenses and included in the PIF calculation. 3. In 2009, in a manner similar to the situation detailed above for water PIFs, we incorrectly classified all 2008 CWIP ($18.4M) as growth-related construction. More recently available detailed reports reveal that related to both 2008 and 2010 CWIP totals; little Ft°oLLins was applicable for backbone facilities. Thus the value of the system was overstated in the 2009 calculation for the 2010 PlFs. 4. As with water PIFs, an average calculation of the most recent four years’ history has been used to set estimated usage for new customers with tap sizes of 3” or less. The most recent four years’ history (2007-2010) shows significant reduction Backbone System Investments Existing infrastructure equity Replacement Costs Master Plan Expenses Flood Mapping Developer Repays Annual Inflationary Increase Total Capital Improvements 2008/10 Cost Levels Annual Inflationary Increase Total Total Backbone Facilities asof 12/31 Total Principal Outstanding Total Backbone System Equity Amount per acre Average runoff coefficient Fee per acre adjusted for run-off factor Estimated fee per equivalent residential un Existing developed & developable acres Proposed developed & developable acres Total projected Fto11ins 77 1.2% 13 1.2% 1. The existing developed and developable acres have increased significantly, primarily from the South West Annexation which increased the Fossil Creek portion within the City limits by over 50%. This increase in the divisor of the PIE formula almost offsets the 11.2% increase In system backbone equity. Table C 2009 studi 2011 study Change Proj 12/31/09 Proj 12/31/11 $ [ O/, $146,369,006 $ 11,833,301 $ 4,683,808 $ (966,691) $151,052,815 $ 10866,610 8.8% 7.8% $ 134,535,705 $ 5,650,500 $ 140186205 6,897,000 $ 289,674 $ 7,186,674 $ 147372,879 $ 34,087,500 $ 113,285,379 $ 3,472 0.55 3,484,000 $ 111,488 $ 3,595,488 $ $ $ (3,413000) -49.5% (178,186) (3,591,186) -50.0% $ 154,648,303 $ 7,275,424 4.9% $ 28,622,500 $ (5,465,000) -16.0% $ ATTACHMENT 5 Utilities City of elctic stomiwater wastewater water 700 Wood Street Fort CoLLins IICO 80522 974 = TDD utilities@fcgov.com fcgov coin/utilities Memorandum Date: September 15, 2011 To: City Councilmembers Thru: Darin Atteberry, City Manager Brian Janonis, Utilities Executive Director From: Patty Bigner, Utilities Customer and Employee Relations Manager Re Work Session Summary (Partial) — September 13, 2011 Electric Rate Options All City Councilmembers cQins Examples of customers in the proposed OS customer class include housing services for condos and apartments (lights, laundry, etc.); small retail; professional offices; non-profit agencies; and small churches. The proposed GS 25 customer class includes fast food restaurants, medium- sized churches, restaurants, larger retail, fraternity and sorority houses, convenience stores, copy centers and banks. The remaining large commercial industrial rates will remain in the coincident peak form but with a Cityof Fort CoLLins of the rate, if it is changed, will be delayed beyond January 1, 2012. Typically, rate changes occur with the first meter reading of the new year. Staff plans to move forward with rate changes with the exception of the Residential Energy Rate. Rate ordinances for the Residential Demand, GS, GS 25, GS 50 and GS 750 rate classes will be discussed at ATTACHMENT 6 1 Attachment 7 Excerpt from Unapproved Water Board Minutes, September 15, 2011 2012 Water/Wastewater Budget Exceptions and Rate and PIF Recommendations; 2012 Stormwater Budget Exceptions and Rate and PIF Recommendations (Attachments available upon request). Chairperson Janett introduced this item and reminded the current members that the previous Water Board recommended a 3 percent rate increase for 2011-2012. They also recommended small incremental rate increases more often rather than large rate increases less often. The Water Board made this recommendation to Council; however, they did not approve a 3 percent rate increase for 2012. Water Fund Financial Analyst Rita DeCourcey presented information on this item and stated the budget exceptions include a 6 percent increase for the water fund. This is needed to stabilize the water fund revenue. This is projected to result in $1.5 million additional operating revenue in 2012, depending on demand. Payment in Lieu of Taxes (PILOT) transfers will have to be increased by approximately $88,000 to cover the 2012 rate increase. Additional funds are needed to accelerate the normal upgrade process for meter replacements to meet the timeline of the Automated Metering Infrastructure (AMI) project. Wastewater Fund There are no exceptions to the wastewater fund. There is an 8 percent water fund rate increase included in the original 2011-2012 biennial budget for the wastewater fund. The 6 percent rate increase for 2012 is needed to stabilize the water fund revenue, fund long term capital programs, meet debt service requirements, maintain adequate reserves, and meet financial reserve policies. Water Fund Revenue Total Revenue has dropped almost 23 percent from 2006 to 2010. Since the Operating Revenue has increased from 70.7 percent in 2006 to 88.5 percent in 2010, it has to cover a greater percentage of the costs. Demand has dropped 15 percent from 172 gallons per capita per day (gpcd) to 146 gpcd. Water Fund Expense Analysis 2006-2010 There was a 10 percent overall increase in operating and interest expense and a 16 percent increase in operating program expenses, including an increase in Commodity Costs (chemical costs increased 34 percent even though less water was treated). Payments and Transfers increased 44 percent, including increased funding for the General Employees Retirement Plan (GERP) and asset management. Interest Expense decreased 50 percent because 2002 bonds were paid off and 1998 bonds were refinanced at lower interest rates. Operating expense for the CS&A fund increased 28 percent from 2006 to 2010, including 11 percent for Asset Management. Ms. DeCourcey noted most of the costs for Asset Management are one-time costs. Water Fund Fixed and Variable Expense 87 percent of the costs are fixed considering PILOTs. If PILOTs are removed, approximately 94 percent of the costs are fixed. Demand decreased 15 percent and the total variable expense increased 11 percent. This includes increased electrical and chemical costs such as alum and lime. Ms. DeCourcey noted that alum and lime are utilized the most in the treatment facility. 2 Water Fund Net Income The net income has dropped approximately $4.8 million from 2006 to 2010. Water Fund Reserves As Is Rate Increases and Capital per 2011 – 2012 Budget and Revised Capital If Utilities looks at capital reserves without the rate increase and the revised capital budget, the capital budget will be increased by approximately $33 million from 2012 to 2020 above the original 2011-2012 budget. If Utilities looks at limiting the capital expense approximately $5 million from 2012 to 2014, this will assist the reserve calculations. Utilities will look at prioritizing capital projects to see what needs to be completed in the future. The water fund 6 percent rate increase is an across the board increase and does not vary by customer class. A typical residential customer’s bill will increase $1.47 for winter use (5,000 gallons) and $3.93 for summer use (21,000 gallons). Water Rate Comparison Ms. DeCourcey showed a graph comparing the water rates for the City of Fort Collins with other cities in the Front Range. This water rate comparison is for average residential usage in January and July. Board discussion: A board member asked for clarification on the administrative costs and why they increased? The biggest component is the transfer to the CS&A fund and this included the new asset management program. Water Engineering and Field Services Operations Manager Jon Haukaas stated most of the costs are up-front fees associated with the consultants as a part of setting up the program. A board member questioned the item concerning over charging from the Water Fund Expense Analysis. Ms. DeCourcey stated the internal IT department overcharged Utilities for an internal service charge. Utilities will receive a reimbursement from this overcharging. Will customer billing become less costly? Financial Analyst Phil Ladd stated Utilities does not expect an increase and no upgrades are planned to the billing system. Some other services will be brought in house and this may offset the costs. Are more people having trouble paying their water bill? Mr. Ladd stated the collection rate has stayed steady. The City of Fort Collins has a lien ordinance which states that if a tenant moves out of the property without paying their water bill, the bill is collected from the property owner when the property changes hands. A board member noted reserves decline over time. At what level does Utilities want the reserves and why at that particular level? Ms. DeCourcey stated Utilities would like to cover their capital appropriations including prior year and new appropriations, a 5 percent operating reserve, a principal and interest reserve, a debt service reserve, and an Art in Public Places reserve. Are the costs for the Halligan project included in the projections? Yes, those costs are included in prior year capital projects. A board member suggested showing the rate comparison over time rather than showing year to year increases. 3 Chairperson Janett stated when the Legislative, Finance, and Liaison (LFL) Committee reviewed the financial information at their September meeting, they noted that even though demand is going down, fixed costs are increasing. Water Resources Manager Dennis Bode reiterated this point by stating the water use for August was less than predicted. Ms. DeCourcey stated this may be due to the fact that industry is learning how to use less water in their processes and consumers are more educated on water usage. Chairperson Janett stated this is a dilemma because it sends a mixed message to consumers that they should save water even though their rates are increasing. Is the 15 percent decrease in demand per person? Yes. Chairperson Janett requested the information presented to the LFL Committee concerning the concept of less demand and increased costs be sent to the entire board. Stormwater Fund 2012 Budget Exceptions Mr. Ladd presented information on this item and stated there are three budget exception requests for the Stormwater Fund: • Land Acquisition – Remove structures from Poudre River Floodway • Land Acquisition – Master Plan Flood Mitigation project property • Household Hazardous Waste Community Event Increase (The event held in 2011 exceeded expectations so additional funding is needed for 2012.) Board discussion: Do the expenses for the hazardous waste event include paying for the waste to be hauled away? Yes, the items are removed by professionals who handle household hazardous waste. What is the largest volume of items collected? Environmental Regulatory Specialist Susan Strong stated paint is the most collected item. A pilot project is being implemented to use collected paint for a graffiti abatement program. How much is going to the landfill versus what is going down the drain? Ms. Strong stated she is unsure how much is collected versus what is sitting in garages and such. Water Resources and Treatment Operations Manager Kevin Gertig stated there will also be a prescription drug collection event sponsored by Police Services. This event will be held in October 2011. A board member stated he felt the numbers are overwhelming. He feels that it is important to portray the information to the public and feels staff should remind the public of the costs associated with projects such as the renovation of the Mulberry Water Reclamation Facility (MWRF). It is also important to consider population density when presenting the numbers, such as comparing Denver to the City of Fort Collins. Stormwater Rate Comparison Mr. Ladd presented a graph showing stormwater rates for the City of Fort Collins compared with other cities along the Front Range. Utilities does not anticipate an increase in fees. Will there be any reduction in fees? Yes, there is the potential for reduced fees because debt will be paid off in 2017. 4 How long has the rate been at $14.26? It has been at this current rate since 2005. Stormwater and Floodplain Program Manager Ken Sampley stated since these fees have funded capital improvement projects, it is not a straight comparison when looking at other cities in the graph. A board member expressed concerns that Utilities promised the rates would be reduced and they haven’t been reduced as of yet. Plant Investment Fees (PIF) (Developer Fees) Utility Rate Analyst Bill Switzer presented information on this item and stated City Code requires Utilities to review the fees annually and submit for Council approval at least every second year. Plant Investment Fees are an additional source of revenue and help offset rate increases. The fees presented are the maximum allowable. A consulting company was hired in 2005 to set up a new PIF model. In March 2011, the City Manager asked Utilities to review the fees. • Water PIFs increased 4.7 percent for all commercial customer classes. • Wastewater PIFs decrease 3 percent for all customer classes. • Stormwater PIFs increased slightly by 1.2 percent. Increased infrastructure was offset by an increased service area. Board discussion: Chairperson Janett stated because of the reduction in water usage, there is excess capacity in both the water treatment and wastewater treatment plants. The concept of sharing capacity with the special districts has been discussed. What would happen with the PIFs at that point? Mr. Switzer stated this would be beneficial in relationship with Capital Investment Fees. Chairperson Janett stated this is another incentive to encourage cooperation with neighboring districts. Additional Fee Changes – Construction Water Mr. Haukaas stated there are additional fee changes including construction water fees and miscellaneous service charges. Construction water fees are applied to new construction projects for water that is not metered. The contractor pays 1.5 months of their base charge. Since there has been a slow down in the building industry and some of the projects have taken longer than anticipated, Utilities is losing revenue and metering of actual water usage with these construction projects. Utilities would like to initiate a monthly billing charge. As soon as the property has a certificate of occupancy, the user would receive a meter and would be charged actual usage at that point. If there is a large development, a temporary meter pit may be installed to meter the usage. Utilities can track the usage better with this implemented. Additional Fee Changes – Miscellaneous Service Charges The after-hours water connect fee and the fees for special trips will increase because Utilities desires to recover their actual costs. The after-hours water connect fee of $85.35 includes two hours of personnel time and one hour of vehicle usage time. Board discussion: What does Utilities define as a special trip? A special trip is defined as any service request from a citizen including water turn-ons and turn-offs. This does not include normal projects such as turning on a water meter? No. 5 Why would Utilities make a trip after hours? This is simply because of customer service issues. Will the 6 percent rate increase for 2012 pay for future projects or will there be another rate increase? Utilities is only asking for the board’s recommendation for the 2012 budget. Utilities needs time to determine what other projects are priorities and what kind of rate increase may be needed at a later time. The current rate increase is to stabilize the revenues and balance increasing expenses. A board member suggested it might be beneficial to remove the line item concerning the asset management expenses from the operating expense presentation when the information is presented to Council. This may be helpful in showing that the increase was not as severe because most of the costs associated with asset management were up-front fees. Also, when presenting information on the average bill, it may be beneficial to present the information relative to several years’ worth of data. It may also be beneficial to show what the average consumer will conserve over time. Vote on the motion. It passed unanimously. Vote on the motion. It passed unanimously. Board discussion: A board member asked for more details on the land acquisition items under the 2012 Budget Exception Requests for the Stormwater Fund. Mr. Haukaas stated that when the 2011-2012 budget was submitted, there was not a major capital project identified for 2012. Typically, Utilities does approximately $3 million in capital projects every year. At that time, the only identified stormwater item was for approximately $300,000. If a project is not identified, the funds would be earmarked for later capital projects. Utilities desires to have the budget exception in place for a grant match for acquiring property in the floodplain and floodway areas. Utilities desires to have funds available for buying properties to remove from the floodway in the College Avenue and Vine Drive area. The second budget exception relates to a master plan flood mitigation project property near LaPorte Avenue and Vine Drive east of Taft Hill Road. Is this the direction the City wants to go in philosophically from the City’s Master Plan? This policy has been in place for a number of years. Utilities will revisit the grant application process in 2012. The City desires to have the grant match funds available if the opportunity becomes available to purchase the properties. What is the benefit for the city? The primary benefit is public safety; however, there are also environmental and recreational benefits when the properties are converted to open space. Would the Water Board revisit the issue or does the board have one chance to review the information? Utilities Executive Director Brian Janonis stated the negotiations are not held in the public format because of sensitivity with the negotiation process. Board Member Gessler moved that the Water Board recommend City Council adopt the proposed 6 percent across the board water rate increase and the 8 percent across the board wastewater increase for 2012. Board Member Goldbach seconded the motion. Board Member Gessler moved that the Water Board recommend City Council adopt the proposed changes to the 2012 plant investment fees for water, wastewater, and stormwater. Board Member Goldbach seconded the motion. 6 Floodplain Administrator Marsha Hilmes-Robinson stated there are no capital projects mitigating flood damages on the Poudre River. There are regulations in place to control new development and land acquisition is just another tool for the City to use to remove the risks. With the risk, there are damage potentials that affect the City as a whole such as debris removal and landfill storage issues. Chairperson Janett reminded the board there was less impact during the 1997 Spring Creek flooding because the City bought properties and removed some of the risk. A board member stated that it seems counter productive for the City to remove successful businesses. Mr. Haukaas stated the properties are only purchased when the property owners are willing to sell the property. A board member asked for clarification on the concept of how the properties are sought for purchase? Mr. Haukaas stated Utilities and Real Estate Services staff members handle the negotiations on a one-on-one approach for each property. Vote on the motion. It passed unanimously. * Board Member Eccleston departed at 7:05 p.m. Board Member Balderson moved that the Water Board recommend City Council approve the Water and Stormwater Funds’ 2012 proposed exceptions to the 2011-2012 Budget. Board Member Bovee seconded the motion. 1 Attachment 8 Excerpt from Unapproved Electric Board Minutes, October 6, 2011 2011 L&P Budget Exceptions and Rate Recommendations (Presentation available upon request) Utilities Financial Operations Manager Ellen Switzer presented information on this item. She began the presentation by thanking the board members for arranging their schedule to review the information before it is presented to Council. The residential energy rate will not be presented to Council at this time. It will be presented later this year. Electric Rate Increase Staff is recommending an 8.3 percent electric rate increase. There are several components to the rate increase. The wholesale electric rates from Platte River Power Authority (PRPA) will increase 6.4 percent, with a 4.8 percent increase at the retail level. There will be higher seasonal rates in June, July, and August. More costs will shift from the demand component to the energy component. There are several key factors relating to the PRPA rate increase, including reduced surplus sales, increased Operation and Maintenance (O&M) costs, increased financing cost and depreciation, and reduced interest income. Reduced interest income is affecting all the Utilities funds. Board discussion: Did anyone question the increase to O&M costs? Mr. Catanach stated he will have to research the answer to this question. Ms. Switzer stated the remaining 3.5 percent rate increase is related to internal needs for Light and Power. Utilities is trying to slow the use of reserves for capital projects. Since 2007, expenses have been greater than revenues. Is there a target for reserves? Mr. Catanach stated there is a mandated minimum that Utilities should preserve. He also stated Light &Power operational expenses for 2010-2011 have been reduced by 9 percent. The budget structure was revamped and there was a 2.4 percent reduction for the 2011-2012 Budget. Is the reserve based on a percent of the revenue? Ms. Switzer stated it is based on two things. There is an operating reserve equal to 8 percent of the operating budget less purchase power. There is also a capital reserve. There was also a fairly large reduction in other revenues not related to rates, including increased development fees. Also, because of lower interest rates, interest income has been reduced. Proposed Electric Rates All electric rates will be seasonal. Rates will be higher during the months of June, July, and August. The residential energy rate is not included in the ordinance. The residential demand rate will be restricted to those customers who do not have natural gas service. Board discussion: A customer will have to be 100 percent electric to participate in the residential demand rate? Currently, it is an option. 2 The General Service (GS) Rate will be split into two classes (General Service <25 kW Energy Only and General Service >25kW Energy and Demand). General Service 50 and 750 (larger commercial and industrial customers) will retain coincident peak pricing with seasonal differential. Ms. Switzer stated the rate schedules are posted on the City Clerk’s webpage at www.fcgov.com. Ms. Switzer explained the graph for the 8.3 percent electric rate increase by customer class for Summer, Non Summer, and Average. The average increase is 6 percent. Board discussion: This chart shows the percentage in rate change? Where does that leave the overall rate? Ms. Switzer stated the actual rate schedules are on the City Clerk’s webpage with the old and new rates listed. The rate changes are based on load factor and load characteristics. What is a typical customer profile for GS<25? Ms. Switzer stated this is typically a small office, such as an attorney or accountant. What customer class do most of the restaurants belong to? Most of the restaurants are as high as GS50. What are the criteria for generating the differential for cost of service versus seasonal rates? Ms. Switzer stated this is purely based on purchase power cost from PRPA. Recommended Electric Rate Clarifications Staff is recommending a new definition for wholesale transactions be included in the City Code. This is subject to requirements for interconnection and is not governed by the electric rate schedules or electric development fees. The code clarification sets the value of the energy. Mr. Catanach stated there will be a net metering credit for net excess generation that will be based on the summer season retail energy charge. The value is carried month to month. With the tiered rate structure, the value is impossible to track over a 12 month period. Utilities will purchase the power back at the lowest tiered rate for the season. Board discussion: Is there more incentive in the summer? The majority of the production is in the summer. Mr. Catanach stated the parallel generation credit for energy delivered to the utility will be based on PRPA’s avoided cost rate. The Special Services Agreement states the customer can earn the credit for offsetting the demand. If a customer consistently generates a benefit to the system (for example 10 kW), Utilities is willing to recognize the demand benefit. Since Utilities has to invest in system capacity, it is important to ensure the rate reflects the true value that a generating customer brings to Utilities. Was there a change in the City Code to implement this? No; however, the change in the Special Services Agreement was presented to Council. Electric Development Fees The Electric Development Fees are required to be adjusted by Council every other year. Typically, they are presented to Council every year. The 2011 Electric Development Fees were approved in 2010. The proposed changes for 2012 include a 3.0 percent increase for a typical 3 single family lot and a 0.3 percent decrease for a model commercial development. The changes are based on the current construction estimates. Ms. Switzer explained the graph for the 2011-2012 Electric Development Fee Comparison based on a typical single family lot and a model commercial development. Board discussion: How do these rates compare with other cities? Mr. Catanach stated these rates are comparable with other nearby cities. Miscellaneous Fees These changes will be presented to Council on November 15, 2011. The after-hours service charge will increase to $85.35. It is currently at $55.45. A monthly charge for manual meter reading for those customers who opt out of the Automated Metering Infrastructure (AMI) program needs to be determined. Currently, it is estimated at $10-15 per month. Mr. Catanach stated the rate should not be a punishing rate for individuals who choose to opt out of the AMI program. Board discussion: How long do you expect this rate structure to continue? When is the next phase of the rate change for the other classes? The rate form will remain the same until at least 2014. A board member expressed concern that the timing of the rate changes along with the AMI program implementation should be considered. 2012 Budget Revisions/Exceptions The following changes are recommended to the original 2012 budget: • Purchase Power: $1,724,505 • Payment in Lieu of Taxes (PILOTs): $121,969 • Energy Efficiency Financing Program: $300,000 Ms. Switzer stated the $300,000 for the Energy Efficiency Financing Program will cover loans and fees to set-up and administer the program. Council has been asking for this program. Board discussion: Is this in lieu of on-bill financing? Energy Services Manager John Phelan stated there is a range of options with the program. The requested amount would be sufficient to get the program started as a pilot program. Utilities would like the program up and running in the first quarter of 2012. What is the increase from last year’s budget? Last year’s budget was $50,000. Is this an exception or a revision? Ms. Switzer stated that typically these are called exceptions; however, a Councilmember requested they be referred to as revisions in the future. Ms. Switzer stated there may also be a city wide exception for increasing salaries for employees currently paid less than market value. This is a city wide recommendation. Mr. Catanach stated the City has budgeted 2 percent for increases. $800,000 would be dedicated to market increases. The City will also supplement this with a budget exception. 4 How far are some of the Utility employee’s salaries below market value? Mr. Catanach stated some salaries are 15-20 percent below market value; however, some of these positions are entry level or new hire positions. Approximately half of the Light and Power employee’s salaries are 6-7 percent below market value. Vote on the motion: It passed unanimously. * Chairperson Wolley abstained from the vote due to a conflict of interest as a representative of a business. Vote on the motion: It passed unanimously. Discussion on the motion: A board member recommended the line item for the Energy Efficiency Financing Program be removed from the list of exceptions. He would like more explanation on the program. A board member asked for clarification on the item. Is it a form of a loan program? Yes. How did Utilities arrive at $300,000 for the program? Mr. Phelan stated this amount is enough to establish a pilot program. When City Council requested an increase to the budget, did they ask for a specific increase for this item? No, Council only asked that the program be implemented. What is the duration of the loan program? Typically, it is 5-10 years. Utilities can design the terms of the loan. Does Utilities have a document that describes the scope of the program? No, not currently. A board member suggested dividing the recommended motion into two segments. Vice Chairperson DeCourcey withdrew the original motion. Board Member Yurash requested a friendly amendment to staff’s recommended motion. Board Member Yurash moved that the Electric Board recommend that City Council adopt the proposed electric rate increases for all rate classes with the exception of the Residential Energy Rate. Board Member Graham seconded the motion. Board Member Harris moved that the Electric Board recommend that City Council adopt the proposed changes to the 2012 Electric Development Fees and Charges. Vice Chairperson DeCourcey seconded the motion. Vice Chairperson DeCourcey moved that the Electric Board recommend that City Council approve the proposed exceptions to the Light and Power Fund’s 2011-2012 Budget. Board Member Graham seconded the motion. Amended Motion: Board Member Yurash moved that the Electric Board recommend that City Council approve the recommended budget additions for Purchase Power costs, Payments in Lieu of Taxes (PILOTs), and the creation of an exception for increasing Utility employees’ salaries for market rate adjustments. Vice Chairperson DeCourcey seconded the motion. 5 Vote on the motion: It passed unanimously. Board discussion: Is the last chance for Utilities to add this amount to the exception process? Yes, it will be voted on by Council on October 18, 2011. The board members agreed to not modify the recommendation concerning the Energy Efficiency Financing Programs. A board member felt the original recommended motion concerning this was too vague. Attachment 9 - Utility Rates 1 1 2012 Utility Rates and Fees Ordinances First Reading October 18, 2011 2 7 Ordinances – Effective January 1, 2012 • Monthly Water Rates • Monthly Wastewater Rates • Monthly Electric Rates (excludes the Residential Energy Rate) • Water Plant Investment Fees • Wastewater Plant Investment Fees • Electric Development Fees • Stormwater Plant Investment Fees Attachment 9 - Utility Rates 2 3 Monthly Utility Rates Water 6.0% Stormwater 0.0% Electric 8.3% Wastewater 8.0% Average Increase • Water and Wastewater – across the board to all customers • Electric increases vary – by customer class – within classes – seasonally 4 6% Water Rate Increase • Stabilize Water Fund revenue • Revenues decreased 23% between 2006-2010 • Demand down 15% • The vast majority of costs are fixed • Variable costs (chemicals/electricity) increasing • Fund capital projects (not Halligan) • Slow use of reserves and maintain debt coverage • Also change billing for water used during construction Attachment 9 - Utility Rates 3 5 8% Wastewater Rate Increase • Part of planned series of wastewater increases to fund the debt for the Mulberry Wastewater Treatment Facility • Wastewater revenues are increasing less than the adopted rate increases • Loss of large contract customer • Reduced water use 6 8.3% Electric Rate Increase • Residential Energy Rate – not changed in tonight’s ordinance – will come back to Council November 15th with options • Two factors in 8.3% increase +4.8% retail impact from PRPA’s 6.4% rate increase +3.5% needed to slow the use of L&P reserves for capital additions • Fort Collins Electric Rates remain among the lowest in the state and nation. Attachment 9 - Utility Rates 4 7 Rate Increase Varies by Customer Class & Season 2012 RATE INCREASE 16.8% 19.6% 18.1% 27.0% 20.0% 20.7% 19.2% 2.0% 15.1% 10.9% 4.7% 7.6% 4.4% 6.0% 15.9% 3.9% 15.5% 8.7% 11.0% 8.3% -1.6% -5% 0% 5% 10% 15% 20% 25% 30% RESIDENTIAL - Not included in proposed Ord RESIDENTIAL DEMAND RATE GS<25 RATE GS>25 GS50 GS750 system Summer Non Summer Average 8 Recommended Electric Rate Clarifications • Wholesale transactions - add new Code section –retail rates do not apply to purchases • Net metering credit for net excess generation –based on the summer season retail energy charge • Parallel generation credit for energy delivered to utility –based on Platte River’s avoided cost rate • Clarification of distribution facilities demand for the largest customers Attachment 9 - Utility Rates 5 9 Current Estimated $ % 2011 2012 Increase Increase Electric 700 kWh/mo $59.94 $59.94 * * Wastewater 4,800 gal/mo WQA $28.59 $30.88 $2.29 8.0% Stormwater 8,600 sq.ft. lot, light runoff $14.26 $14.26 $0.00 0.0% Water 117,131 gal/yr $35.87 $38.03 $2.15 6.0% Total Estimated Average Monthly Utility Bill $138.66 $143.10 $4.44 3.2% 2012 Utility Rates Typical Residential Customer – Monthly Utility Bill * The 2012 electric residential energy rate will not be implemented January 1, 2012. A change, averaging 6% is expected to be effective February 1, 2012. Monthly Rates Summary 10 Plant Investment Fees • By Code, PIF/ Electric Development Fees are to be adjusted at least biennially • Proposed changes for 2012: Water PIF +4.7% Wastewater PIF -3.0% Stormwater PIF +1.2% Electric Development Fees: • Residential +3.0% • Commercial -0.3% Attachment 9 - Utility Rates 6 11 PIFs Summary PIF Changes for Typical Single Family Current Proposed Change Change 2011 2012 % $ Water1 $3,826 $4,084 6.7% $258 Raw Water2 $5,203 $5,203 0.0% $0 Wastewater $3,550 $3,440 -3.1% ($110) Stormwater3 $1,069 $1,082 1.2% $13 Electric1 $3,139 $3,233 3.0% $94 Total $16,787 $17,042 1.5% $255 1 Typical, based on lot size of 8,600 sq. ft.; 70' street frontage 2 No increase for Raw Water 3 8,600 sq. ft. lot plus estimated 6,156 sq. ft common area and right-of-way; .5 run off coefficient 12 2011 Residential Rate Comparison July Water Use 21,000 Gallons $- $50 $100 $150 $200 $250 Loveland Longmont Ft. Collins Boulder Ft. Collins '12 Denver Greeley Aurora Co.Sprs Electric Water Wastewater Stormwater Conclusion: Total utility costs are competitive in the region. Electric rates are among the lowest in the country. Attachment 9 - Utility Rates 7 13 Next Steps • November 1, 2011 – 2nd reading of these 7 ordinances • November 15, 2011 – 1st reading of Residential Energy Service Rate (RESR) Ordinance with seasonal & seasonal- tiered options – 1st reading of Service Charges Ordinance • December 6, 2011 City Council Agenda – 2nd reading of RESR & Service Fees Ordinances • January 1, 2012 - All rates effective except RESR • February 1, 2012 - Proposed effective date of RESR 14 Questions? ORDINANCE NO. 138, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WATER RATES AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the water utility, as set forth therein; and WHEREAS, Section 26-118 of the City Code requires that the City Manager analyze the operating and financial records of the water utility during each calendar year and recommend to the City Council the user rate fees to be in effect for the following year; and WHEREAS, the Water Board considered the proposed water rates, fees and charges for 2012 at its September 15, 2011 meeting and recommended approval of the proposed rate changes by a unanimous vote; and WHEREAS, the City Manager has recommended to the City Council that the following water use rates be imposed for the billing year beginning January 1, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-126 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-126. Schedule A, flat rates for unmetered construction water use. For residential and nonresidential premises under construction there shall be a one-time charge equal to one and one-half (1½) times the monthly base charge as specified for the applicable residential or nonresidential account in § 26-127.with a planned meter size greater than 1”, no flat unmetered water service will be provided. For residential and nonresidential premises under construction with a planned meter size of 1-inch or less, the following flat rates will apply per month until the permanent meter is set: ¾-inch construction service, flat charge per month $24.02 1-inch construction service, flat charge per month $45.80 Section 2. That Section 26-127 (a) and (b) of the Code of the City of Fort Collins is hereby amended to read as follows: 1 Sec. 26-127. Schedule B, meter rates. (a) Residential Rates. (1) Residential customers with one (1) dwelling unit. a. Base Charge. Residential customers with one (1) dwelling unit shall pay a base monthly charge of twelvethirteen dollars and eight- threesixty cents ($12.8313.60). b. Quantity Charge. Residential customers with one (1) dwelling unit shall pay a monthly quantity charge as follows: For the first seven thousand (7,000) gallons used per month, a charge of onetwo dollars and ninety-two and eight-tenthsten and five-tenths cents ($1.9282.105) per one thousand (1,000) gallons. For the next six thousand (6,000) gallons used per month, a charge of two dollars and twenty-one and six tenthsforty-one and nine-tenths cents ($2.2162.419) per one thousand (1,000) gallons. For all additional gallons used per month, a charge of two dollars and fifty-four and nine-tenthsseventy-eight and three-tenths cents ($2.5492.783) per one thousand (1,000) gallons. (2) Residential customers with two (2) dwelling units. a. Base Charge. Residential customers with two (2) dwelling units shall pay a base monthly charge of fifteen dollars and ninety-seven cents ($15.097). b. Quantity Charge. Residential customers with two (2) dwelling units shall pay a monthly quantity charge as follows: For the first nine thousand (9,000) gallons used per month, a charge of onetwo dollars and ninety-one and three-tenthstwo and eight- tenths cents ($1.9132.028) per one thousand (1,000) gallons. For the next four thousand (4,000) gallons used per month, a charge of two dollars and nineteen and nine-tenthsthirty-three and one-tenth cents ($2.1992.331) per one thousand (1,000) gallons. For all additional gallons used per month, a charge of two dollars and fifty-three and zero tenthssixty-eight and two-tenths cents ($2.5302.682) per one thousand (1,000) gallons. 2 (3) Residential customers with more than two (2) dwelling units. a. Base Charge. Residential customers with more than two (2) dwelling units shall pay a base monthly charge of twelvethirteen dollars and seventy-threeforty-nine cents ($12.7313.49) for the first dwelling unit and four dollars and twenty-fourforty-nine cents ($4.244.49) for the second and each additional dwelling unit. b. Quantity Charge. Residential customers with more than two (2) dwelling units shall pay a monthly quantity charge of one dollar and eighty-four and eight-tenthsninety-five and nine-tenths cents ($1.8481.959) per one thousand (1,000) gallons used in the winter season months of November through April. They shall pay a monthly quantity charge of two dollars and thirty-one and zero tenthsforty- four and nine-tenths cents ($2.3102.449) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge. (b) Nonresidential Rates. (1) Base charge. Nonresidential customers shall pay a base monthly charge based on meter size as follows: Meter Size (inches) Monthly Base Charge ¾ $ 11.4812.17 1 32.0333.95 1½ 87.1092.33 2 131.26139.14 3 200.21212.22 4 314.30333.16 6 609.72646.30 8 1,077.121,141.75 (2) Quantity charges. Nonresidential customers shall pay a monthly quantity charge of one dollar and fifty-nine and seven-tenthssixty- nine and three-tenths cents ($1.5971.693) per one thousand (1,000) gallons used in the winter season months of November through April. They shall pay a monthly quantity charge of onetwo dollars and nine and six-tenthseleven and six-tenths cents ($1.9962.116) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be 3 billed more than six (6) full billing cycles at the summer quantity charge. (3) Charges for excess use. Monthly water use in excess of the amounts specified in the following table shall be billed at two dollars and twenty-nine and five-tenthsforty-three and three-tenths cents ($2.2952.433) per one thousand (1,000) gallons used in the winter season months of November through April. Monthly water use in excess of the amounts specified below shall be billed at twothree dollars and eighty-seven and zero tenthsfour and two-tenths cents ($2.8703.042) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal billing excess quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer excess quantity charge. Meter Size (inches) Specified Amount (gallons per month) ¾ 100,000 1 300,000 1½ 625,000 2 1,200,000 3 1,400,000 4 2,500,000 . . . Section 3. That the amendments to the Chapter 26 of the City Code contained herein shall go into effect for all bills issued based on meter readings on or after January 1, 2012. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2011, and to be presented for final passage on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2011. _________________________________ 4 Mayor ATTEST: _____________________________ City Clerk 5 ORDINANCE NO. 139, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WATER PLANT INVESTMENT FEES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the water utility, as set forth therein; and WHEREAS, Section 26-120 of the City Code provides that the rates and parameters of the Water Plant Investment Fees be reviewed annually by the City Manager and shall be presented to City Council for approval no less frequently than biennially; and WHEREAS, on November 3, 2009, the City Council adopted Ordinance No. 116, 2009, which established the plant investment fees that are now in effect; and WHEREAS, the City Council has determined that it is appropriate for new development to contribute its proportionate share of providing capital improvements; and WHEREAS, City staff recommends that existing Water Plant Investment Fees be adjusted based on the current replacement cost of the capital facilities that will be needed to serve new development and for future growth related capital expansion; and WHEREAS, the City Manager has recommended to the City Council the adjustments to the Water Plant Investment Fees set forth herein, to be effective January 1, 2012; and WHEREAS, the Water Board considered the proposed Water Plant Investment Fees for 2012 at its September 15, 2011, meeting and recommended the approval of the proposed fees by an unanimous vote; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Section 26- 128 of the City Code to revise Water Plant Investment Fees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-128 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-128. Schedule C, water plant investment fees. The water plant investment fee prescribed in § 26-120 shall be payable by users both inside and outside of the City, as follows: (1) Single-family residential buildings: For the first three-fourths-inch water tap or meter, a fee of seven hundred thirty dollars ($730.) for a single-family residence, plus thirty-sixthirty-nine cents ($0.360.39) for each square foot of lot area. For a single-family residential lot greater than one-half (½) acre in size, the lot size shall be deemed to be one-half (½) acre for the purpose of this fee calculation. For each additional tap or meters larger than three-fourths (¾) inch, the nonresidential rate shall apply. (2) Residential buildings of two (2) or more dwelling units: For each residential building unit, a fee of four hundred ninetyfive hundred ten dollars ($490.510.), plus twenty-seven cents ($0.27) for each square foot of lot area. The fee will provide for one (1) tap per residential building and an adequate number of additional taps to serve common irrigable areas, if any. The number and size of taps shall be determined by the Utilities Executive Director based upon the criteria established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of the Code. (3) Mobile home parks: For each mobile home park, a fee of four hundred ninetyfive hundred ten dollars ($490.510.) for each mobile home space in the park, plus twenty-seven cents ($0.27) for each square foot of lot area. The fee will provide for one (1) tap per mobile home park. The size of the tap shall be determined by the Utilities Executive Director based upon the criteria established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of the Code. (4) Hotels, rooming houses, sororities, fraternities and similar uses: The nonresidential rate shall apply. (5) Nonresidential service: a. Service to all nonresidential taps, including but not limited to taps for commercial and industrial service, shall be charged according to the size of the meter pursuant to the following schedule: Meter Size (inches) Nonresidential Plant Investment Fee ¾ $ 7,5307,880 1 21,73022,750 1½ 45,30047,410 2 69,07072,290 3 157,920165,290 b. The fee for all meters larger than three (3) inches shall be negotiated withdetermined by the Executive Director and -2- shall be based on estimated peak day demand but shall not be less than the charge for a three-inch meter. Section 2. That the amendments to Chapter 26 of the City Code contained herein shall go into effect on January 1, 2012. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2011, and to be presented for final passage on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- ORDINANCE NO. 140, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WASTEWATER RATES, FEES AND CHARGES WHEREAS, 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 will produce revenues sufficient to pay the costs, expenses and other obligations of the wastewater utility, as set forth therein; and WHEREAS, City Code Section 26-277 requires that the City Manager analyze the operating and financial records of the wastewater utility during each calendar year and recommend to the City Council the user rate fees or adjustments to be in effect for the following year; and WHEREAS, City Code Section 26-277 further requires that the user rates be revised as necessary to assure equity of the rate system established and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater system; and WHEREAS, the Mulberry Wastewater Reclamation Plant has undergone a upgrade of the plant's treatment processes to prepare the plant for future regulation-based improvements and to make odor control improvements; and WHEREAS, such improvements are not related to growth and will require increased user rates to generate sufficient revenues to repay the debt necessary to finance these improvements; and WHEREAS, the Water Board considered the proposed wastewater rates, fees and changes for 2012 at its September 22, 2011, meeting and recommended approval of the changes by unanimous vote; and WHEREAS, the City Manager has recommended to the City Council that the following wastewater rates be imposed for the billing year beginning January 1, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-280 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-280. Service charges established by category. The schedule of rates for each category described in § 26-279 shall be as follows: Category Class of Customer Rate A Single-family residential user (flat rate) $31.2433.74 per month Single-family residential user (metered water use) $13.9515.07 per month plus $2.7122.929 per 1,000 gallons of either winter quarter water use or 3,000 gallons, whichever is greater. For single family customers who have not established a winter quarter water use at the service address, a system average of 4,800 gallons per month shall be billed. B Duplex (two-family) residential users (flat rate) $48.7852.68 per month Duplex (two-family) residential users (metered water use) $18.0719.52 per month plus $2.7122.929 per 1,000 gallons of either winter quarter water use or 4,000 gallons, whichever is greater. For duplex customers who have not established a winter quarter water use at the service address, a system average 7,200 gallons shall be billed. C Multi-family residential user (more than two dwelling units including mobile home parks) and winter quarter based nonresidential user $2.7122.929 per 1,000 gallons of winter quarter water use, plus a base charge of $2.132.30 per month per dwelling unit served. For multi family customers who have not established a winter quarter water use at the service address, a system average of 3,400 gallons per living unit shall be billed. D Minor nonresidential user $2.7122.929 per 1,000 gallons of water use, measured sewage flow or winter quarter water use, whichever is applicable, plus the following applicable base charge: Size of water meter (inches) ¾ or smaller 1 1½ 2 3 4 6 8 Base Charge $7.838.46 18.0719.52 36.3739.28 62.2367.21 99.43107.38 157.03169.59 688.35743.42 794.80858.38 -2- E and F Intermediate nonresidential user and Significant industrial user $2.7122.929 per 1,000 gallons of water use, measured wastewater flow or winter quarter water use, whichever is applicable; plus a surcharge of $2.8053.029 per million gallons for each milligram per liter of suspended solids in excess of 235 milligrams per liter; plus a surcharge of $2.3362.523 per million gallons for each milligram per liter of BOD in excess of 265 milligrams per liter or a surcharge of $1.4751.593 per million gallons for each milligram per liter of COD in excess of 400 milligrams per liter, or a surcharge of $4.3674.716 per million gallons for each milligram per liter of TOC in excess of 130 milligrams per liter, whichever is applicable. The user shall pay this calculated amount plus the applicable base charge set forth below: Size of water meter (inches) ¾ or smaller 1 1½ 2 3 4 6 8 Base charge $7.838.46 18.0719.52 36.3739.28 62.2367.21 99.43107.38 157.03169.59 688.35743.42 794.80858.38 G User outside City limits The rate for users outside the City limits shall be the same as for like service inside the City limits as is specified in Categories A—F and H in this Section H Special with agreement The rate pursuant to a special wastewater services agreement approved by the City Council pursuant to § 26-290 shall be set forth in said agreement. Section 2 That Section 26-281(c) of the Code of the City of Fort Collins is hereby amended to read as follows: (c) The amount of the wastewater strength surcharge to be billed each user shall be calculated from one (1) of the following three (3) formulas, depending on whether the wastewater is more amenable to testing for BOD, COD or TOC or on the selection of the Executive Director in the absence of monitoring: -3- (1) Cs=Vu[Bc(B) + Sc(S)] (2) Cs=Vu[CODc(COD) + Sc(S)] (3) Cs=Vu[TOCc(TOC) + Sc(S)] Where: Cs = User's surcharge for wastewaters of excessive strength per billing period Vu = Volume of water used or wastewater discharged per billing period Bc = Cost of service for treatment of a unit of BOD B = Concentration of BOD from a user in excess of two hundred sixty- five (200265) mg/l Sc = Cost of service for treatment of a unit of TSS S = Concentration of TSS from a user in excess of two hundred fiftythirty-five (250235) mg/l CODc = Cost of service for treatment of a unit of COD COD = Concentration of COD from a user in excess of threefour hundred (300400) mg/l TOCc = Cost of service for treatment of a unit of TOC TOC = Concentration of TOC from a user in excess of one hundred thirty (100130) mg/l Section 3. That Section 26-282(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-282. Wastewater strength or industrial surcharges and categories established. (a) The schedule of wastewater strength surcharge for customers located either inside or outside the City limits shall be as follows: Parameter Excess over (mg/l) Rate per 1,000 gallons BOD 265 $0.0023360.002523 COD 400 0.0014750.001593 TOC 130 0.0043670.004716 TSS 235 0.0028050.003029 Section 4. That Section 26-289 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-289. Miscellaneous fees and charges. The following is a schedule of miscellaneous fees and charges: -4- Description Amount (1) Connection fees and service charges Fees shall be set forth as in § 26-712(b) (2) Industrial discharge permits: a. Administration $76.00 annually b. Surveillance Determined for each user annually, based on direct cost plus 15% indirect costs, billed monthly (3) Laboratory support services Determined on a case-by- case basis based on direct cost plus 15% indirect costs (4) Determined on a case-by-case basis based on direct cost plus 15% indirect costs Cost plus 15% (5) Charges for disposal at the Fort Collins Regional Sanitary Waste Transfer Station: a. Septic tanks, vaults, privies, portable toilets: Generated within Larimer County $0.0660.071 per gallon Generated outside Larimer County b. Recreational vehicle sanitary waste holding tanks: $0.1000.108 per gallon Residential customers of the City of Fort Collins Wastewater Utility No charge for single individual disposal at Transfer Station Others $2.182.35 base fee plus $0.0660.071 per gallon (6) Miscellaneous fees Determined on a case-by- case basis based on direct costs plus 15% indirect costs Section 5. That the amendments to the Chapter 26 of the City Code contained herein shall go into effect for billings based upon meter readings on or after in January 1, 2012. -5- Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2011, and to be presented for final passage on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -6- ORDINANCE NO. 141, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE SEWER PLANT INVESTMENT FEES WHEREAS, 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 will produce revenues sufficient to pay the costs, expenses and other obligations of the wastewater utility, as set forth therein; and WHEREAS, Section 26-277 of the City Code requires that the City Manager analyze the operating and financial records of the wastewater utility during each calendar year and recommend to the City Council the user rate fees or adjustments to be in effect for the following year; and WHEREAS, Section 26-283 of the City Code provides that the City Manager review the rates and parameters of the Sewer Plant Investment Fees annually and present them to City Council for approval no less frequently than biennially; and WHEREAS, on November 3, 2009, the City Council adopted Ordinance No. 117, 2009, which established the Sewer Plant Investment fees now in effect; and WHEREAS, it is the City Council’s intent that existing Sewer Plant Investment Fees be adjusted based on the current replacement cost of the capital facilities that will be needed to serve new development and for future growth related capital expansion; and WHEREAS, the City Manager has recommended to the City Council the adjustments to the Sewer Plant Investment Fees set forth herein, to be effective January 1, 2012; and WHEREAS, the Water Board considered the proposed Wastewater Plant Investment Fees for 2012 at its September 15, 2011, meeting and recommended the approval of the proposed fees by an unanimous vote; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise Sewer Plant Investment Fees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-284(a) and (d) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-284. Sewer plant investment fees and surcharges established. (a) The schedule of sewer plant investment fees, subject to the exceptions and additional requirements provided in this Section, is as follows: Category SPIF A $ 3,550.3,440. B and C $2,490.2,410. for each dwelling unit or mobile home space Category Water meter size (inches) Fee D, E, F ¾ $7,1006,880 1 17,88017,300 1½ 31,49030,480 2 55,29053,520 3 150,130145,310 4 and above Calculated on an individual basis based on peak wastewater flow (determined in the manner set forth hereinafter) but not less than the charge for a three-inch meter G Same as equivalent category, plus any special sanitation district fees. H Determined pursuant to paragraph (d) of this Section. . . . (d) The amount of the plant investment fee and surcharge for each nonresidential surcharged user, users in Category H and any user that is expected to generate greater than its proportionate share of peak day flow at the treatment plant for the applicable category (including both contributed wastewater volume and volume related to infiltration and inflow), shall be calculated utilizing the following formula: SPIF = Site Flow x [Flow$ + (BOD x BOD$) + (TSS x TSS$)] + I&I Flow x [Flow$ + (200 mg/l x BOD$) + (250 mg/l x TSS$)] Where: SPIF = Plant investment fee for Category H users and users discharging wastewater with average concentrations of BOD and/or TSS which exceed those average concentrations which are set forth in § 26-282(b) under Category E-34 Site Flow = The user's proportionate share of peak day flow at the treatment plant based on site flow discharge from user's site -2- I&I Flow = That proportionate share of peak day flow due to infiltration and inflow as allocated to user's site flow discharge Flow$ = $6.346.10 per gallon (unit cost of facilities attributable to treating wastewater flow) BOD = Average BOD concentration for user category or measured BOD concentration for the user as determined in accordance with Subsection (c) of this Section, but not less than 200 mg/l BOD$ = $0.01380.0134 per mg/l (unit cost of facilities attributable to treating BOD) TSS = Average TSS concentration for user category or measured TSS concentration for the user as determined in accordance with Subsection (c) of this Section, but not less than 250 mg/l TSS$ = $0.01100.0107 per mg/l (unit cost of facilities attributable to treating TSS) . . . Section 2. That the amendments to Chapter 26 of the City Code contained herein shall go into effect on January 1, 2012. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2011, and to be presented for final passage on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- Passed and adopted on final reading on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -4- ORDINANCE NO. 142, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC RATES, FEES AND CHARGES WHEREAS, 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 will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, Platte River Power Authority (“Platte River”) costs are increasing due to reduced surplus sales, increased operating costs for aging plants and environmental mitigation, increased financing costs, and continuing capital investment; and WHEREAS, Platte River will increase the City’s wholesale cost of power approximately 6.4% in 2012; and WHEREAS, the increased wholesale power costs will require a 4.8% increase in the City’s electric rates; and WHEREAS, the revenues in the Light and Power Fund have not been sufficient to fund capital projects and system replacements and reserves have been utilized to make up for the short fall; and WHEREAS, the reduction in reserves was accelerated due to reductions in interest revenue and development fee revenue; and WHEREAS, without additional rate increases, reserves are projected to fall below minimum policy levels as early as 2013; and WHEREAS, a 3.5% rate increase will begin to fund the necessary capital improvements and system replacements and will also begin to stem the decline in reserves; and WHEREAS, City Council desires to enact rate structures to encourage additional energy conservation measures in order to meet Energy Policy and Climate Action Plan goals; and WHEREAS, in order to further encourage energy conservation, the recommended adjustments to the electric rates include an amendment to the residential demand service rate schedule limiting participation to those customers who establish to the satisfaction of the Utility that their residences are heated entirely by electric energy; and WHEREAS, City Council has requested an additional work session to review and study the rate form options for the residential energy service rate class and will defer making a decision related to changes for the 2012 residential energy service rate until that review is completed later in 2011 or early 2012; and WHEREAS, the City Manager and staff have recommended to City Council the following adjustments to the existing residential demand, general service, general service 50, general service 750 and traffic signal electric rates for all billings issued with meter readings on or after January 1, 2012; and WHEREAS, the City Manager and staff have recommended to City Council the creation of a new rate class, general service 25; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise electric rates, fees and charges. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-391 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Wholesale energy” which reads in its entirety as follows: Wholesale energy, as used in this Article, shall mean that energy sold to the City or to Platte River Power Authority by negotiated contract to be sold by the City or Platte River Power Authority to others. Section 2. That Sections 26-446 and 26-447 of the Code of the City of Fort Collins shall be renumbered as Sections 26-447 and 26-448 respectively. Section 3. That the Code of the City of Fort Collins is hereby amended by the addition of a new Section 26-447 which reads in its entirety as follows: Sec. 26-446. Wholesale transactions. The sale of wholesale energy, as defined in this Article, shall be subject to requirements for interconnection to the City’s electric system and requirements for sales to the City, if applicable, will not be governed by the electric rate schedules or electric development fees and charges set out in this Article. Section 4. That Section 26-465(a), (c), (k) and (q) of the Code of the City of Fort Collins are hereby amended to read as follows: (a) Availability. The residential demand service rate, schedule RD, shall be available within the corporate limits of the City and the suburban fringe. Service under this rate class is available only to customers who establish to the satisfaction of the utility, by providing to the utility such documentation as the utility may deem appropriate, that the residence served is heated entirely by electric energy. Such documentation must be submitted by April 1, 2012. At such time that the utility implements a time-of-use rate, this rate schedule will no longer be available. -2- . . . (c) Monthly rate. The monthly rates are as follows: (1) Ffixed charge, per account: Six dollars and thirty-twoseven dollars and twenty-four cents ($6.237.24). (2) Ddemand charge, per kilowatt: Three dollars and eighty-seventwo dollars and forty-three cents ($3.872.43). (3) Ddistribution facilities charge, per kilowatt-hour: Onetwo and eighty- eight one-hundredths cents ($0.018800.0288). (4) Eenergy charge, per kilowatt-hour: Two and forty-eight one- hundredths cents ($0.0248). a. during the summer season billing months of June, July and August: three and seventy-two one-hundredths cents ($0.0372). b. during the non-summer season billing months of January through May and September through December: three and fifty-five one-hundredths cents ($0.0355). c. the meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) Iin lieu of taxes and franchise: A charge at the rate of six and zero- tenths (6.0) percent of monthly service charges billed pursuant to this Section. . . . (k) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . -3- (q) Net metering. . . . (5) The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer-generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c). Section 5. That Section 26-466(b), (c), (m) and (r) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-466. General service, schedule GS. . . . (b) Applicability. This schedule applies to individual commercial and industrial services, served at the established secondary voltage of the City's distribution system; and optionally, for apartments and multiple dwellings in existence prior to January 1, 1980, where more than one (1) dwelling or single living quarters are served through one (1) meter. Single-phase motors from one (1) to five (5) horsepower may be connected with the approval of the utility. This schedule applies to an individual single or three-phase service with an energy-only meter and for demand metered services with an average metered demand of not greater than fifty (50)twenty-five (25) kilowatts. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Ffixed charge, per account: a. Ssingle-phase, two-hundred-ampere service: three dollars and twenty-onesixty-eight cents ($3.213.68). b. Ssingle-phase, above two-hundred-ampere service: Nine dollars and forty-sixten dollars and eighty-three cents ($9.4610.83). c. Tthree-phase, two-hundred-ampere service: Four dollars and eight-eightfive dollars and fifty-nine cents ($4.885.59). -4- d. Tthree-phase, above two-hundred-ampere service: Eleven dollars and fifty-sixthirteen dollars and twenty-four cents ($11.5613.24). (2) Ddemand charge, per kilowatt-hour: a. First two thousand (2,000) kilowatt-hours: Three and sixty- two one-hundredths cents ($0.0362).during the summer season billing months of June, July and August: two and sixty-seven one-hundredths cents ($0.0267). b. Next five thousand (5,000) kilowatt-hours: One and seventy- eight one-hundredths cents ($0.0178).during the non-summer season billing months of January through May and September through December: one and thirty-nine one-hundredths cents ($0.0139). c. All additional kilowatt-hours: Zero ($0.00).the meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Demand charge, per kilowatt: a. All kilowatts billed in excess of twenty-five (25) kilowatts: Six dollars and fifty-seven cents ($6.57). (43)Ddistribution facilities charge, per kilowatt-hour: Oone and fifty- eighteighty-one one-hundredths cents ($0.01580.0181). (54)Eenergy charge, per kilowatt-hour: Two and forty-eight one- hundredths cents ($0.0248). a. during the summer season billing months of June, July and August: three and seventy-two one-hundredths cents ($0.0372). b. during the non-summer season billing months of January through May and September through December: three and fifty-five one-hundredths cents ($0.0355). c. the meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. -5- (65)Iin lieu of taxes and franchise: A charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. . . . (m) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (r) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . (r) Net metering. . . . (5) The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer- generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c). Section 6. That Section 26-466 (f) of the Code of the City of Fort Collins is hereby deleted and the remaining sections 26-466 (g) through 26-466 (r) are renumbered 26-466 (f) through 26-466 (q) respectively. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: -6- (1) The monthly standby distribution charge shall be three dollars and two cents ($3.02) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be nine dollars and six cents ($9.06) per kilowatt. (2) In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. Section 7. That currently numbered Sections 26-467 through 26-473 are renumbered as Sections 26-468 through 26-474 respectively and that an entirely new Section 26-467 General service 25, schedule GS25, is hereby inserted to read as follows: Sec. 26-467. General service 25, schedule GS25. (a) Availability. The schedule GS shall be available within the corporate limits of the City and the suburban fringe. (b) Applicability. This schedule applies to individual commercial and industrial services, served at the established secondary voltage of the City's distribution system; and optionally, for apartments and multiple dwellings in existence prior to January 1, 1980, where more than one (1) dwelling or single living quarters are served through one (1) meter. Single-phase motors from one (1) to five (5) horsepower may be connected with the approval of the utility. This schedule applies to an individual single or three-phase service with an average metered demand of not less than (25) kilowatts or greater than fifty (50) kilowatts. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) fixed charge, per account: a. single-phase, two-hundred-ampere service: three dollars and sixty-eight cents ($3.68). b. single-phase, above two-hundred-ampere service: ten dollars and eighty-three cents ($10.83). c. three-phase, two-hundred-ampere service: five dollars and fifty-nine cents ($5.59). -7- d. three-phase, above two-hundred-ampere service: thirteen dollars and twenty-four cents ($13.24). (2) demand charge, per kilowatt: a. during the summer season billing months of June, July and August: seven dollars and seven cents ($7.07). b. during the non-summer season billing months of January through May and September through December: four dollars and thirty- six cents ($4.36). c. the meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) distribution facilities charge, per kilowatt-hour: one and eighty-one one-hundredths cents ($0.0181). (4) energy charge, per kilowatt-hour: a. during the summer season billing months of June, July and August: three and seventy-two one-hundredths cents ($0.0372). b. during the non-summer season billing months of January through May and September through December: three and fifty-five one-hundredths cents ($0.0355). c. the meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) in lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (d) Renewable resource. Renewable energy resources, including but not limited to energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of one and nine-tenths cents ($.019) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council- adopted policy applicable to the utility. -8- (e) Excess capacity charge. A monthly capacity charge of two dollars ($2.) per kilowatt may be added to the above charges for service to intermittent loads in accordance with the provisions of the electric service rules and regulations. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) the monthly standby distribution charge shall be four dollars and twenty-seven cents ($4.27) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be twelve dollars and eighty-one cents ($12.81) per kilowatt. (2) in the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (g) Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b). (h) Conservation assistance, rebates and incentives. The utility may establish programs to assist customers or provide incentives to customers in order to reduce energy consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director. (i) Billing demand. The billing demand shall be determined for each point of delivery by suitable meter measurement of the highest fifteen-minute integrated demand occurring during the billing period. (j) Power factor shall be determined by using watt and volt-ampere measurements collected by the electric meter at the point of service. The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety-percent lagging, a power factor adjustment may be made by increasing the billing demand by one (1) percent for each one (1) percent or fraction thereof by which the power factor is less than -9- ninety-percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period. (k) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section. (l) Special services. Special services or complex service arrangements that are beyond those required for service under this rate schedule may be arranged by a written services agreement that the Utilities Executive Director may negotiate and enter into on behalf of the utility. Said agreement shall establish the terms and conditions for any special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with Section 6 of Article XII of the Charter. (m) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (r) below, and the credit for energy delivered to the electric utility shall be calculated as described in the Subsection. (n) Commodity delivery. If the electric utility authorizes the delivery of electric capacity or energy utilizing the utility's distribution system under mandatory provisions of state or federal law, a credit will be applied to the customer's monthly electric bill based upon the electric utility's displaced costs as credited to the utility -10- by its supplier of electric energy. Capacity, energy, standby capacity, backup capacity and special services shall be delivered, metered, billed, dispatched and controlled in accordance with a special services agreement with the electric utility. (o) Payment of charges. The foregoing rates are net. Payment becomes delinquent twenty-five (25) days after the billing date. (p) Contract period. The applicant shall take electric service under this or any other applicable schedule which is in effect during the term of the contract subject to adjustment from time to time by the City Council. All contracts under this schedule shall be for twelve (12) months and shall be automatically renewed annually. The contract may be terminated at the end of the term upon the giving of ten (10) days' advance written notice to the City or may be terminated upon the giving of ten (10) days' advance written notice to the City in the event of vacation of the premises or a change in ownership or tenant occupancy status. (q) Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office. (r) Net metering. (1) Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria: a. the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer- generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of- way or utility rights-of-way; and b. the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity. (2) The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period. (3) The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of -11- Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (4) A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above in this rate schedule section. (5) The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer- generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c). Section 8. That renumbered Sections 26-468(c), (f), (g), (k), (p) and (u) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-467468. General service 50, schedule GS50. . . . (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Ffixed charge, per account: Eighteen dollars and thirty-sixtwenty-one dollars and two cents ($18.2621.02). An additional charge of forty dollars and zero cents ($40.) may be assessed if telephone communication service is not provided by the customer. (2) Ccoincident demand charge, per kilowatt: Twelve dollars and eighty center ($12.80) but not less than one cent ($.01) per kolowatt hour. a. during the summer season billing months of June, July and August: ten dollars and thirty-six cents ($10.36). b. during the non-summer season billing months of January through May and September through December: seven dollars and seventy-six cents ($7.76). c. the meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. -12- (3) Ddistribution facilities demand charge, per kilowatt: Four dollars and eighty-twofive dollars and fifty-two cents ($4.825.52). (4) Eenergy charge, per kilowatt-hour: Two and forty-eight one- hundredths cents ($0.0248). a. during the summer season billing months of June, July and August: three and seventy-two one-hundredths cents ($0.0372). b. during the non-summer season billing months of January through May and September through December: three and fifty-five one-hundredths cents ($0.0355). c. the meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) Iin lieu of taxes and franchise: A charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. . . . (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Sstandby distribution charge. a. Tthe monthly standby distribution charge shall be three dollars and ninety-onefour dollars and forty-eight cents ($3.914.48) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be eleven dollars and seventy-threethirteen dollars and forty-four cents ($11.7313.44) per kilowatt. b. Iin the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject -13- to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (2) Sstandby generation and transmission charge. All charges incurred by the utility under Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge. (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Tthe excess circuit charge shall be eighty-threeninety-five cents ($0.830.95) per contracted kilowatt of backup capacity per month. For any metered kilowatts in excess of the contracted amount, the excess circuit charge shall be two dollars and forty-nineeighty-five cents ($2.492.85) per kilowatt. (2) Iin the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge. . . . (k) Distribution facilities demand. The distribution facility demand charge used by the utility is designed to recover the costs of operating and maintaining the electric distribution system and it is based on a per unit rate tied to the peak demand (kW) of a customer’s monthly electric use. Under the utility’s billing system, cost recovery is based on a twelve month model. Monthly billing is one-twelfth (1/12) of the annual cost recovery required for given service and the twelve-month use patterns serve as the reference base for monthly billings. (1) The distribution facilities demand shall be determined for each point of delivery by suitable meter measurement of the highest one-hour integrated demand occurring during the billing period and shall not be less than seventy (70) percent of the highest distribution facilities demand (in kilowatts) occurring in any of the preceding eleven (11) months. (2) If the Utilities Executive Director determines the calculation described in (1) above does not recover the customer’s share of the -14- actual distribution facilities costs, the customer’s distribution facilities demand charge may be determined according to a billing calendar designed to fully recover said customer’s share of the distribution facilities costs. . . . (p) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. (u) Net metering. . . . (5) The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer- generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c). Section 9. That renumbered Sections 26-469(c), (f), (g), (k), (q) and (v) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-468469. General service 750, schedule GS750. . . . (c) Monthly rate. The monthly rates for this schedule are as follows: -15- (1) Ffixed charge, per account: Fifty four dollars and elevensixty-one dollars and ninety-six cents ($54.1161.96). a. Aadditional charge for each additional metering point: Forty seven dollars and eighty-onefifty-four dollars and seventy- four cents ($47.8154.74). b. Aan additional charge of forty dollars and zero cents ($40.) for each metering point may be assessed if telephone communication service is not provided by the customer. (2) Ccoincident demand charge, per kilowatt: Twelve dollars and sixty- one cents ($12.61) but not less than one cent ($0.01) per kilowatt hour. a. during the summer season billing months of June, July and August: ten dollars and twenty cents ($10.20). b. during the non-summer season billing months of January through May and September through December: seven dollars and sixty-four cents ($7.64). c. the meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Ddistribution facilities demand charge, per kilowatt: a. Ffirst seven hundred fifty (750) kilowatts: Four dollars and seventy-fivefive dollars and forty-four cents ($4.755.44). b. Aall additional kilowatts: Two dollars and eighty-fourthree dollars and twenty-five cents ($2.843.25). (4) Eenergy charge, per kilowatt-hour: Two and forty-five one- hundredths cents ($0.0245). a. during the summer season billing months of June, July and August: three and sixty-seven one-hundredths cents ($0.0367). b. during the non-summer season billing months of January through May and September through December: three and forty-nine one-hundredths cents ($0.0349). -16- c. the meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) Iin lieu of taxes and franchise: A charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. . . . (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Sstandby distribution charge. a. Tthe monthly standby distribution charge shall be two dollars and ninety-seven three dollars and forty cents ($2.973.40) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be eight dollars and ninety-oneten dollars and twenty cents ($8.9110.20) per kilowatt. b. Iin the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (2) Sstandby generation and transmission charge. All charges incurred by the utility under the Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge. (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following: -17- (1) Tthe excess circuit charge shall be sixty-threeseventy-two cents ($0.630.72) per contracted kilowatt of backup capacity per month. For any metered kilowatts in excess of the contracted amount, the excess circuit charge shall be one dollar and eighty-ninetwo dollars and seventeen cents ($1.892.17) per kilowatt. (2) Iin the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge. . . . (k) Distribution facilities demand. The distribution facilities demand charge used by the utility is designed to recover the costs of operating and maintaining the electric distribution system and it is based on a per unit rate tied to the peak demand (kW) of a customer’s monthly electric use. Under the utility’s billing system, cost recovery is based on a twelve month model. Monthly billing is one-twelfth (1/12) of the annual cost recovery required for given service and the twelve month use patterns serve as the reference base for monthly billings. (1) The distribution facilities demand shall be determined for each point of delivery by suitable meter measurement of the highest one-hour integrated demand occurring during the billing period and shall not be less than seventy-five (75) percent of the highest distribution facilities demand (in kilowatts) occurring in any of the preceding eleven (11) months. (2) If the Utilities Executive Director determines the calculation described in (1) above does not recover the customer’s share of the actual distribution facilities costs, the customer’s distribution facilities demand charge may be determined according to a billing calendar designed to fully recover the customer’s share of the distribution facilities costs. (q) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer -18- is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . (v) Net metering. . . . (5) The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer- generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c). Section 10. That renumbered Section 26-471 (c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-470471. Traffic signal service, schedule T. . . . (c) Monthly rate. The monthly rates (including a six-and-zero-tenths-percent charge in lieu of taxes and franchise) are as follows: (1) Ffixed charge, per account: Sixty-three dollars and ninetyseventy- three dollars and sixteen cents ($63.9073.16). (2) Ccharge, per kilowatt-hour: Five and fifty-fivesix and eighteen one- hundredths cents ($0.05550.0618). (3) Sservice extensions and signal installations made by the utility shall be paid for by the City General Fund, subject to material and installation costs at the time of installation. Section 11. That the amendments to Chapter 26 of the City Code contained herein shall go into effect for all bills issued based on meter readings on or after January 1, 2012. -19- Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2011, and to be presented for final passage on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -20- ORDINANCE NO. 143, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC DEVELOPMENT FEES AND CHARGES WHEREAS, 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 will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the City Council has determined that it is appropriate for new development to contribute its proportionate share of providing capital improvements; and WHEREAS, Section 26-471 of the City Code requires the City Manager and staff to annually consider the parameters and rates related to setting electric development fees and charges; and WHEREAS, Section 26-471 of the City Code requires that the electric development fees be presented to the City Council for approval no less frequently than biennially; and WHEREAS, on November 16, 2010 the City Council adopted Ordinance No. 115, 2010, which established the electric development fees now in effect; and WHEREAS, the City Manager and staff have recommended to the City Council the following adjustments to the electric development fees and charges for all invoices paid on or after January 1, 2012; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise electric development fees and charges. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-471 the Code of the City of Fort Collins is hereby amended by the addition of a new subsection (e) which reads in its entirety as follows: (e) This Section does not apply to wholesale energy transactions, as defined in this Article. Any applicable fees and charges will be addressed in a written services agreement subject to approval by City Council in accordance with Section 6 of Article XII of the Charter, if applicable. Section 2. That Section 26-472(b) and (c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-472. Residential electric development fees and charges. . . . (b) The ECF shall be the total of the site footage charge, dwelling charge and systems modification charge, to be determined as follows: (1) Tthe site footage charge shall be the combined total of: a. Ffour and nine hundred fifty-four thousandths cents ($0.049540.04950) per square foot of developed site square footage, including all applicable tracts but excluding the area dedicated public rights-of-way; and b. Eightten dollars and seventy-eight cents ($8.7810.08) per lineal foot of the developed site abutting a dedicated street or roadway. (2) Tthe dwelling unit charge shall be as follows: a. Ffor a single-family panel size with one-hundred-fifty-amp service (nonelectric heat), one thousand two hundred eighty-fiveeighty-one dollars ($1,285.1,281.) per dwelling unit; b. Ffor a single-family panel size with two-hundred-amp service or with one-hundred-fifty-amp service (electric heat), two thousand one hundred seventy-sixsixty-five dollars ($2,176.2,165.) per dwelling unit; c. Ffor a multi-family panel size with one-hundred-fifty-amp service (nonelectric heat), eight hundred fifty-sixfifty-four dollars ($856.854.) per dwelling unit; d. Ffor a multi-family panel size with two-hundred-amp service or with one-hundred-fifty-amp service (electric heat), one thousand five hundred twenty-sixnineteen dollars ($1,526.1,519.) per dwelling unit. (3) Aa system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF. (c) A Building Site Charge ("BSC") for any new or modified residential service shall be paid prior to issuance of a building permit for the related construction or modification. The BSC shall be based upon the current rates as of the time of issuance of the building permit. The BSC shall be the total of the secondary service charges, and any additional charges, determined as follows: -2- (1) Tthe secondary service charge shall be as follows: Secondary Service Size Charge (up to 65 feet) Plus Per Foot Charge For Each Foot Over 65 1/0 service $639.00642.00 $4.664.65/Foot 4/0 service $813.00821.00 $5.835.82/Foot 350 kCM Service $830.00818.00 $6.566.54/Foot 1/0 Mobile Home Service $499.00503.00 N/A 4/0 Mobile Home Service $638.00646.00 N/A (2) Aactual special costs to the utility of installation of secondary service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement. Section 3. That Section 26-473(b) and (c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-473. Nonresidential electric development fees and charges. . . . (b) The ECF shall be the total of the site footage charge, kVA service charge and systems modification charge, to be determined as follows: (1) Tthe site footage charge shall be the combined total of: a. Ffour and nine hundred fifty-four thousandths cents ($0.049540.04950) per square foot of developed site square footage, including all applicable tracts but excluding the area of dedicated public rights-of-way; and b. Tthirty-eight dollars and zerothirty cents ($38.0038.30) per lineal foot of the developed site abutting a dedicated street or roadway. (2) Tthe kVA service charge shall be determined as follows: a. Ffor customer electric loads served by the utility the kVA service charge shall be: i. Uutility owned transformers: Tthe kVA service charge shall be fifty-nine dollars and sixfour cents ($59.0659.04) per kilovolt-amp (kVA) of service load rating. -3- ii. Ccustomer owned transformers: Tthe kVA service charge shall be forty-eight dollars and sixty-one fifty-nine cents ($48.6148.59) per kilovolt-amp (kVA) of service load rating. b. Ffor the utility to receive customer generation in excess of the customer’s electric service provided by the utility, the following KVA service charge will also apply: i. Uutility owned transformers: Tthe kVA service charge shall be forty-eight dollars and sixty-four fifty-nine cents ($48.6448.59) per kilovolt-amp (kVA) of generation service rating in excess of the service load rating as paid per subparagraph (2)a.i. above. Such ratings shall be determined by the Utilities Executive Director. ii. Ccustomer owned transformers: Tthe kVA service charge shall be thirty-eight dollars and nineteennine cents ($38.1938.09) per kilovolt-amp (kVA) of generation service rating in excess of the service load rating paid per subparagraph (2)a.ii.above. Such ratings shall be determined by the Utilities Executive Director. (3) Aa system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF. (c) A Building Site Charge ("BSC") for extending primary circuitry to the transformer for any new or modified nonresidential service shall be invoiced and paid in the same manner and at the same time as the ECF is invoiced and paid pursuant to Subsection (a) of this Section. The BSC shall be the total of the primary circuit charge, transformer installation charge and any additional charges, determined as follows: (1) Tthe primary circuit charge for service from the utility source to the transformer shall be as follows: a. Ffor single-phase service, a charge of eightnine dollars and seventy- sixfifteen cents ($8.769.15) per foot of primary circuit; b. Ffor three-phase service, a charge of eighteen dollars and forty- threezero cents ($18.4318.00) per foot of primary circuit. (2) Tthe transformer installation charge shall be as follows: -4- a. Ffor single-phase service, a charge of one thousand three hundred eighteentwo hundred seventy-eight dollars ( $1,318.1,278.) per transformer; b. Ffor three-phase service, a charge of two thousand four hundred twenty-onethree hundred eighty-five dollars ( $2,421.2,385.) per transformer. (3) Aactual special costs to the utility of installation of service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement. Section 4. That the amendments to Chapter 26 of the City Code contained herein shall go into effect as of January 1, 2012. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2011, and to be presented for final passage on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -5- ORDINANCE NO. 144, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE STORMWATER PLANT INVESTMENT FEES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the storm water utility, as set forth therein; and WHEREAS, Section 26-511(a) of the City Code requires that the City Manager review the rates and parameters of the Stormwater Plant Investment Fees annually and present them to City Council for approval no less frequently than biennially; and WHEREAS, on November 3, 2009, the City Council adopted Ordinance No. 119, 2009, which established the Stormwater Plant Investment Fees now in effect; and WHEREAS, the Council has adopted stormwater basin master plans recommending stormwater facilities that are necessary to provide for the proper drainage and control of flood and surface waters within the City; and WHEREAS, existing stormwater rate payers have paid for the design, right-of-way and construction of stormwater facilities identified in the drainage basin master plans that will benefit and be utilized by new development; and WHEREAS, the City Council has determined that new development should pay its proportionate share of the costs of the stormwater infrastructure as it exists at the time of development; and WHEREAS, the City Manager has recommended to the City Council the revised Stormwater Plant Investment Fees set forth herein, to be effective January 1, 2012; and WHEREAS, the Water Board considered the proposed Stormwater Plant Investment Fees for 2012 at its September 15, 2011, meeting and recommended the approval of the proposed fees by an unanimous vote; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise Stormwater Plant Investment Fees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-512(2) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-512. Stormwater plant investment fees established. . . . (2) Plant investment fee base rate. The stormwater plant investment fee base rate is six thousand three hundred thirteenninety dollars ($6,3136,390.) per gross acre of area. . . . Section 2. That the amendment to Chapter 26 of the City Code contained herein shall go into effect January 1, 2012. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2011, and to be presented for final passage on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk the City Council Finance Committee on Sept. 26, 2011. Public notification will begin October 2 and Electric Rate Ordinances will be considered by City Council at first reading Oct. 18, 2011. Second reading isNov. 1,2011. Next Steps September 26 - Council Finance Committee related to all utilities rates and fees October 11 - Work session on Residential Energy Rate October 18 - I reading of Electric Rates (without changes to Residential Energy Rate); also 1’ reading of ordinances for water and wastewater rates and PIFs/development fees October 25 - Work session on Energy Conservation Programs November 1 - 2 reading of Rates and Fees Jan. 1, 2012 - all rates effective except for Residential Energy Rate Late 2011 or early 2012 - 1 5t reading of ordinance changing Residential Energy Rate to be effective shortly thereafter. seasonal adjustment. Questions for City Council included: Residential Rate Options 1. Of the four proposed rate options for the residential energy rate, which specific option is preferred? 2. Does City Council support the proposed change to the residential demand rate? Commercial Rate Options I. Does City Council support the proposed change that would create an additional rate class from the existing General Service rate class? Questions from Councilmembers primarily focused on aspects of the residential energy rate, its merits in addressing carbon reduction and energy efficiency goals, and its impacts on customers as well as the perceived value or lack of value to the system (generation, transmission and distribution). Other questions focused on the impacts to customers related to size of households and square footage of homes, number and type of appliances, and electricity use associated with lifestyle (home office or other differences). City Council requested additional information: 1. Assumptions related to elasticity (in plain English) — what kind of impact can be expected? What is the corresponding carbon reduction? 2. Are the options designed to be revenue neutral? If demand and energy are reduced, the purchase power requirements will also be reduced lowering overall revenue requirements. 3. Provide more context on system impacts. How might the tiered rates affect shifts in demand which may have a negative impact on the overall load? 4. Provide more data on the monthly variation in bill impacts, including the typical variation in monthly use. 5. Provide sample (8 to 10) scenarios of year-round use and the price impacts of the options. Examples: Large users with no air conditioning (AC), large users with AC, small users with AC, small users without AC, etc. Changes to the Residential Demand Rate and the Commercial General Service Rate were discussed and generally seemed acceptable. Councilmembers had a number of unresolved questions regarding the Residential Energy Rate and requested a follow-up Work Session, now scheduled for Oct 1 1, 2011. Councilmembers recognized that the schedule for implementation were present. Utilities Executive Director Brian Janonis provided introductions and noted that the consideration of a change to the electric rate form is unprecedented in the history of the Light and Power Utility. Presentations were provided by Patty Bigner and SAIC consultant Joe Mancinelli. Staff answering questions included Bill Switzer, Steve Catanachm and Patty Bigner. SAIC consultant Joe Mancinelli provided a brief presentation on industry trends and response to those trends by utilities across the country, with specific information on electric rates, customer assistance, time of use rates, and special programs for electric vehicles. The residential energy rate options proposed for Council discussion included: • Single Tier (current rate structure) • Seasonal (Platte River Power Authority [PRPA] pass-through) • Three Tier • Five Tier Staff also proposed phasing out the Residential Demand Rate and suggested limiting the rate to residential customers who could provide documentation of total electric residence (no natural gas). One change to the rate form is proposed for the commercial rate classes. As noted in the Agenda Item Summary, the proposed change to the General Service (GS) or commercial rate class would more accurately reflect electric use of this diverse group of customers. This change would create a fourth commercial rate class to include the lower end of the mid-sized commercial customers by splitting the GS customer class into two customer classes, GS and GS 25. $ 1 26,025,803 3,514 0.55 $ 12,740,424 $ 42 $ S 6,313 $ 6,390 11.2% 1.2% 1,069 32,628 $ $ 1,082 $ 35,860 3,232 9,9% in use from the four year history two years previous. The history used for wastewater calculations is for the 6 winter months (November through April). This continued trend appears unstable and, as a result, the estimated usages will remain the same as used in the prior PIE study until a more stable trend or methodology is developed. The following table shows the resulting fee impact of the new $/gpd as applied to the estimated gpds for the customer classes: Wastewater Plant Investment Fee analysis and update Current Proposed 2012 Volume Proposed Fee Customer Class 05-’08 data PIF Change gpd $ $ % Single family Res 300 $ 3,550 $ 3,440 -3% Duplex& Multi-tam 210 $ 2,490 $ 2,410 -3% Nonresidenia I Meter Size (inches) 3/4” 600 $ 7,100 $ 6,880 -3% 1’, 1,510 $ 17,880 $ 17,300 -3% 1 1/2” 2,660 $ 31,490 $ 30,480 -3% 2” 4,670 $ 55,290 $ 53,520 -3% 3” 12,680 $ 150,130 $ 145,310 -3% Stormwater Plant Investment Fees The current methodology used for calculating storm water PlFs was designed by Jim Hibbard and endorsed in the Fee Study Draft Report presented in June 2010 by Red Oak consulting. It is essentially a buy-in method with the system value consisting of land, master plan and drainage system and the capacity defined as the City’s developable acreage. The fee is adjusted to reflect the average runoff coefficient for the City. The fee per acre is then applied to all new developments based on the average acreage of the development. Table C below shows an overall increase of 1.2% to our 2012 storm water PIFs. One item of significance needs to be pointed out: 2. In 2009 we incorrectly classified all 2008 Construction Work in Progress (CWIP; $1 0.8M) as growth related construction. More recently available detailed reports reveal that, for both 2008 and 2010 CWIP totals, little was applicable for backbone facilities. Thus the value of the system was overstated in the 2009 calculation for the 2010 PlFs. 3. An average calculation of the most recent four years’ history has been used to set estimated usage for new customers with tap sizes of 3” or less. The most recent four years’ history (20072010) shows significant reduction in use from the four year history two years previous. Staff considers the recent four years of use less than what would normally be expected due to above average annual rainfall for the same period. As a result the estimated usages will remain the same as used in the prior PIE study until a more stable trend or methodology is developed. The following table shows the resulting fee impact of the new $/gpd to the customer classes: Water Plant Investment Fee analysis and update 2009 Study 2009 implemented 2011 Study Average Use System Peak Peak Day Use Fee Customer Class par Bill (a), (b) r per Bill (a), tb) PIF Fee PIF Fee PIF Fee Change gpd gpd $ $ $ % Single Family flea Domestic Use (base) 172 172 700 730 730 0.0% Peak Use (par sqft) 785 0.370 0.360 0.390 8.3% Total 319 3.00 957 Duplex, per unit Domestic Use (base) 120 120 490 490 510 4.1% Peak Usa (persqft) 217 0.260 0.270 0.270 0.0% Total 153 2.20 337 MultI-family Domestic Use (base) 120 120 490 490 510 4.1% Peak Use (per sqft) 217 0.260 0.270 0.270 0.0% Nonresidential Meter Size Inches 3/4 561 3.10 1.850 7,530 7,530 7,880 4.6% 1 1,820 3.10 5,340 21,730 21,730 22,750 4.7% 1 1/2 3,375 3 10 11,130 45,300 45,300 47,410 4.7% 2 5,144 3.10 16970 69,070 69,070 72,290 4.7% 3 11,766 3.10 38,800 157,920 157,920 165,290 4.7% a) Indoor usage is based on 2005-2.008 winter average use. Total dass use is based on 252 08 annual average. (b) Includes 6 percent (or waterlosses. Finance Committee AIS Plant Investment Fees (PIFs) are used to finance growth related capital facility costs for water and wastewater “backbone” (transmission and distribution mains for water; trunk and collection mains for wastewater) and treatment facilities and stormwater infrastructure. The fees establish equity between existing customers and new customers by sheltering existing customers from the cost of growth, and must be established and applied in a legal manner (Colorado Senate Bill 15, 2001). It is important to note that the legal requirements allow a maximum threshold for PIFs but do not require the utility to charge at these levels. The utility can charge less than the legal allowable requirements. In 2005, the City of Fort Collins Utilities hired Red Oak consulting to assist in creating models to develop PIFs consistent with the above requirements. Staff has updated this model every two years to set PIEs in accordance with City Code requirements. In March 2010, the City Manager asked Red Oak consulting to review the City’s existing development related fees which included the four Utility Plant Investment Fees; storm water, water, wastewater and electric. In a June 10, 2010 draft report, Red Oak found all four Utilities’ fees as “reasonable and sound’. This report has yet to be finalized. There are three design approaches to PIF methodology: • The Buy-In approach - - used when existing capacity is sufficient to meet future needs to build-out in 2040. PIFs are to recover the growth related portion of capacity carried by current customers in their rates. • The Incremental approach -- used when no current capacity exists to meet additional growth. The PIFs are to recover the costs of the new capacity planned to accommodate growth to build-out in 2040. • The Hybrid approach -- used when some capacity is available but more is needed to meet projected growth to build-out in 2040. This combines the buy-in and incremental methodologies. Council Finance Committee AIS When developing the 2011-2012 Budget, staff projected a 6.23% increase in electric rates for 2012. The current recommended increase is 8.3%. The components of the rate increase are as follows: 2012 Electric Rate Increase - Original Budget 2012 Recommended 2012 Retail Purchase Power Rate Increase 4.53% 4.80% Increase for Capital 1.70% 3.50% Total Increase 6.23% 8.30% Increase for Purchase Power Platte River’s rate increase projection has increased for 2012 from 6.0% to 6.4%. In addition, Platte River is revising its rate structure to charge more per kWh and peak kW for the three summer months of June, July and August and is increasing the per unit energy cost while reducing the per unit peak demand charge. This results in a projected increase of 4.8% to the City’s retail rates, an increase of 0.27% from the original 2012 budget projection. KWh sales are projected at 2010 levels. Increase for Capital Light and Power is moving from a period where capital expenditures were funded mainly through system growth and development fees to a future where the majority of resources will be directed toward maintaining, upgrading and replacing existing capital infrastructure which must be funded through rates. Over the last few years, instead of raising rates for these needs, Light and Power has been intentionally drawing down reserves to fund many capital expenditures. During this time two substations were built, much of the Southwest Annexation was transferred, and aging infrastructure was upgraded without an impact on rates. Because of the availability of surplus reserves, rate increases have not kept pace with February 1, 2012 • Proposed effective date of Residential Energy Service Rate Ordinance. (Effective for billings with meter readings on or after this date.) FINANCIAL / ECONOMIC IMPACTS The rates are projected to increase 2012 annual operating revenues of the Water Fund by 6%, the Wastewater Fund by 8% and the Light and Power Fund by 8.3%. (The short delay in adopting the RESR increase will slightly reduce the increase for Light and Power.) The projected revenue from the rate increases is included in the revised 2012 budget projections. The increases are necessary to fund purchase power, operations and system additions and replacements and to meet debt service requirements. The proposed water and wastewater rate ordinances will increase costs for a typical residential customer by $4.47 per month if such customer’s water use remains unchanged. An additional change to the RESR at a later date will change