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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/04/2013 - SECOND READING OF ORDINANCE NO. 073, 2013 AMENDINGDATE: June 4, 2013 STAFF: Steve Catanach, Janet McTague, Virginia Purvis AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT Second Reading of Ordinance No. 073, 2013 Amending the City Code to Grant Revocable Permits to Non-City Utilities in Annexed Areas and Correct Internal References. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 21, 2013, eliminates the requirement that a non-City utility provider apply for a permit to continue providing electric service to properties annexed into the city. A revocable permit would automatically be granted at annexation and revoked upon transfer of service. The second proposed Code change would allow the Utilities Executive Director to adopt minor technical revisions that clarify an existing standard or improve conformity toward best engineering practices. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary without attachments - May 21, 2013 COPY COPY COPY ATTACHMENT 1 DATE: May 7, 2013 STAFF: Steve Catanach, Janet McTague, Virginia Purvis AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT First Reading of Ordinance No. 073, 2013 Amending the City Code to Grant Revocable Permits to Non-City Utilities in Annexed Areas and Correct Internal References. EXECUTIVE SUMMARY This Ordinance eliminates the requirement that a non-City utility provider apply for a permit to continue providing electric service to properties annexed into the city. A revocable permit would automatically be granted at annexation and revoked upon transfer of service. The second proposed Code change would allow the Utilities Executive Director to adopt minor technical revisions that clarify an existing standard or improve conformity toward best engineering practices. BACKGROUND / DISCUSSION City Code requires non-City Utility providers to apply for a permit to provide electric service to customers within areas annexed by the City until the Utility has facilities available. The Utility and the non-City utility provider work together to establish a transfer date without issuance or revocation of a permit. Current rules and regulations require that all changes, regardless of scale and impact, be considered and adopted by City Council. The Utilities Executive Director would only consider approval of minor technical revisions that are consistent with existing policies, do not result in any significant cost to persons affected by the revision and do not alter the standard or level of service provided. Granting authority to the Utilities Executive Director to adopt minor changes and clarifications allows the Utility to respond quickly to needed changes and facilitates responsible use of staff and Council time. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 073, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO GRANT REVOCABLE PERMITS TO NON-CITY UTILITIES IN ANNEXED AREAS AND CORRECT INTERNAL REFERENCES WHEREAS, under Chapter 26, Article VI of the City Code, when the City annexes property, any non-City electric utility serving the annexed area must affirmatively seek a permit to continue its services until the City’s Utility is prepared to serve the area; and WHEREAS, amending the City Code to automatically grant revocable permits to such non- City utilities will facilitate coordination between the City and non-City utility providers with less potential service impacts for property owners within annexed areas; and WHEREAS, an internal reference in the City Code regarding the process for customer appeals of administrative decisions affecting electric utility services is incorrect and should be corrected; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-447 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-447. Annexations. Properties annexed to the City may, after annexation, continue to receive electric service from any utility previously furnishing such service without complying with the provisions of this Division unless and until the City elects to provide electric service to such properties, in which event the City shall notify the owner of the annexed property and the non-City utility provider in writing of its intention to provide such service and the date upon which such service will be transferred to the City. As of the date of service transfer, all electric service within any annexed area shall be provided in accordance with the provisions of this Division. If the City has not elected to provide electric service to annexed property prior to the expiration of the second year after annexation of that property, then the non-City utility furnishing service to such property shall be deemed to have been granted a revocable permit by the City for the purpose of continuing to deliver such service. Said revocable permit shall continue in effect until such time as service is transferred to the City after written notice from the City as described above, in which event the permit shall be revoked upon written notice from the Utilities Executive Director to the non-City utility providing the service. Section 2. That Section 26-449 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-449. Appeals Any customer who believes that he or she has been aggrieved by a final determination or decision by the Utilities Executive Director or his or her designee regarding the application of the requirements of Chapter 26, Article VI of this Code or any rules or regulations authorized under such Article may petition the Utilities Executive Director for a hearing. The Utilities Executive Director may appoint a hearing officer or elect to conduct such hearing him or herself, provided that the aggrieved party makes written application for such hearing within seven (7) days of the date of such final determination or decision. If a timely request for hearing is made, a hearing concerning the proprietary of the final determination or decision shall be granted to the aggrieved party and, after notice to the aggrieved party, the hearing shall be held no more than ten (10) calendar days after the filing of the request for hearing. At the hearing the appellant and the City may be represented by an attorney, may present evidence and may cross-examine witnesses. A verbatim transcript of the hearing shall be made. The decision of the hearing officer or Utilities Executive Director shall be based upon competent evidence. The aggrieved party may file an appeal from such hearing to the City Manager's office pursuant to §2-541 of this Code. Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2013, and to be presented for final passage on the 4th day of June, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- Passed and adopted on final reading on the 4th day of June, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-