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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2015 - ITEMS RELATING TO THE SPECIAL MUNICIPAL ELECTION TAgenda Item 25 Item # 25 Page 1 AGENDA ITEM SUMMARY August 18, 2015 City Council REVISED 8/18/15 STAFF Ginny Sawyer, Policy and Project Manager Seonah Kendall, Economic Policy & Project Manager Wanda Winkelmann, City Clerk SUBJECT Items Relating to the Special Municipal Election to be Held in Conjunction with the November 3, 2015, Larimer County Coordinated Election, Including a Public Hearing to Consider Any Timely Filed Protest Under Code Section 7-156 to Challenge the Ballot Title or Submission Clause Proposed in Resolution 2015-078. EXECUTIVE SUMMARY A hearing on a ballot language protest filed by Eric Sutherland on August 17, 2015, will be held at the beginning of this item. A. Second Reading of Ordinance No. 089, 2015, Calling a Special Municipal Election to Be Held in Conjunction with the November 3, 2015 Larimer County Coordinated Election. B. Resolution 2015-078 Submitting to the Registered Electors of the City A Ballot Title and Submission Clause for a City-Initiated Question Authorizing the City to Provide Directly, and/or Indirectly with Public and/or Private Sector Partners, High-Speed Internet Services, Telecommunication Services, and/or Cable Television Services Within the City Of Fort Collin’s Growth Management Area, as Permitted by Title 29, Article 27 of the Colorado Revised Statutes (SB05-152), to be Presented at the November 3, 2015 Larimer County Coordinated Election. Ordinance No. 089, 2015, unanimously adopted on First Reading on July 21, 2015, calls a Special Municipal Election to be held in conjunction with the November 3, 2015 Larimer County Coordinated Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council does not take action by ordinance or resolution before the statutory deadline (September 4) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. Resolution 2015-078 seeks voter authorization to permit the City to provide high-speed internet services, telecommunication services and/or cable television services within the City’s growth management area, pursuant to §§ 29-27-101 to 304, C.R.S. (SB05-152) STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on Second Reading. BACKGROUND / DISCUSSION Staff has been working on creating a Broadband Strategic Plan since the beginning of the year. One of the major focus points of the plan is to define the City’s role as “Next Generation” high-speed internet becomes more critical for business, education, and innovation for all residents. Agenda Item 25 Item # 25 Page 2 The demand for more advanced, reliable and affordable broadband is increasing and high-speed internet services are becoming an important infrastructure for communities in the 21st century. The City currently has ownership or rights to many miles of underground conduit and fiber that is currently used to support the City’s operations. Some of this fiber could be used to support fiber optic broadband expansion in the community; however before investigating or pursuing potential options the City needs to receive voter authorization to set aside restrictions put in place by SB-152. “SB-152” refers to a 2005 state law that prohibits local governments from competing direct or indirect in providing commercial telecommunication services such as free WiFi hot spots, leveraging city-owned fiber infrastructure and/or partnering with private businesses to provide affordable, high-speed internet services throughout the entire community. Any municipality in the state of Colorado considering providing these services needs prior local voter approval to set aside the restriction. A voter-approved exemption from SB-152 would restore the City’s autonomy and ability to evaluate all potential uses and business models for next-generation broadband services in Fort Collins. Setting aside current statutory restrictions supports local choice and options, allowing the City and citizens to make the best decisions based on the needs of our community. It is important to note that voting on this issue would not commit the City to providing broadband services in the Fort Collins growth management area, nor does it mean the City would be required to make such service available immediately. If Council chooses to refer the ballot measure, the community will be asked to vote on the SB-152 exemption on Tuesday, November 3, 2015. Depending on the service delivery model selected by the City, at least one additional ballot measure is anticipated before the City can directly deliver such services. If on or before noon on August 17, 2015, any registered elector files with the City Clerk a written protest challenging the ballot title or submission clause proposed in the Resolution, the Council is required to hear, consider and resolve that protest prior to the adoption of the Resolution. It is within the Council’s sole discretion in deciding whether any changes should be made to the proposed ballot title or submission clause as a result of the protest. PUBLIC OUTREACH Over the last few months, staff has been educating and engaging the public on SB-152 and what setting aside statutory restrictions would mean. Methods and means have included creation of a website (fcgov.com/broadband), FAQ sheet, and brochure. Meetings have occurred with the Economic Advisory Commission, the Energy Board, a “Super Meeting” of Boards and Commissions, along with two public open houses and meetings with the North Fort Collins Business Association, South Fort Collins Business Association, Poudre River Library District Board of Directors and the Fort Collins Area Chamber of Commerce Local Legislative Affairs Committee. ATTACHMENTS 1. First Reading Agenda Item Summary, July 21, 2015 (PDF) 2. Powerpoint presentation (PDF) 3. Ordinance No. 089, 2015 (PDF) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY July 21, 2015 City Council STAFF Wanda Nelson, City Clerk SUBJECT First Reading of Ordinance No. 089, 2015, Calling a Special Municipal Election to Be Held in Conjunction with the November 3, 2015 Larimer County Coordinated Election. EXECUTIVE SUMMARY The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November 3, 2015 Larimer County Coordinated Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot, it would need to do so no later than at its August 18 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 4) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 3, 2015 ballot. However, Council is considering whether to seek voter authorization to set aside statutory limitations on direct or indirect local government competition in utility, entertainment, and telecom services within the City’s growth management area, pursuant to §§ 29-27-101 to 304, C.R.S. Adoption of this Ordinance is a required step in preserving the option for City Council to submit the initiated ordinance, and/or any other ballot measures that Council may desire, at the November 3, 2015 Coordinated Election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENT 1 City Council August 18, 2015 1 Overview • Consultation • Timeline • Role After Ballot Language Adoption • Ballot Language 2 Consultation Ballot language reviewed by City Attorney’s Office and Ken Fellman. • Fellman specializes in local government, specializing in telecommunications and utility law. • Reviewed language of 14 other Colorado municipalities 3 Timeline • Intergovernmental agreement with the County calling the special election ‐ August 25 • Final date for City Council to pass the ballot language ‐ September 1 • City Clerk certification of ballot language – September 4 4 Role after Ballot Language Adoption City • Continued background research • City staff may not advocate for or against ballot issues w/ City property, time or resources • Staff may respond to questions Independent Citizen Group • Forming, but not by City staff • Independent group considering working collaboratively with Loveland Citizen Group 5 Proposed Ballot Language (draft for review only) PROPOSED CITY‐INITIATED QUESTION AUTHORIZING THE CITY TO PROVIDE DIRECTLY, AND/OR INDIRECTLY WITH PUBLIC AND/OR PRIVATE SECTOR PARTNERS, HIGH‐SPEED INTERNET SERVICES, TELECOMMUNICATION SERVICES, AND/OR CABLE TELEVISION SERVICES WITHIN THE CITY OF FORT COLLINS GROWTH MANAGEMENT AREA, AS PERMITTED BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES (SB 05‐ 152) Without increasing taxes by this measure, shall the City of Fort Collins, in the exercise of its home‐rule authority, have the right to provide, either directly, and/or indirectly, with public and/or private sector partners, high‐ speed internet services, including but not limited to any new and improved high bandwidth services based on future technologies (advance services), telecommunication services, and/or cable television services to residents, businesses, schools, libraries, nonprofit entities and other uses of such services located within the boundaries of the City of Fort Collins growth management area, as expressly permitted by SB 152 (SB05‐152, codified at Sections 29‐27‐101 to 304 of the Colorado Revised Statutes)? - 1 - ORDINANCE NO. 089, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 3, 2015 LARIMER COUNTY COORDINATED ELECTION WHEREAS, under Article X, Section 1 of the City Charter, the registered electors of the City have the power to propose a measure to the City Council, and if the City Council fails to adopt such measure, to have the same considered by the electors of the City at the polls; and WHEREAS, under Article X, Section 3 of the City Charter the City Council may, by resolution, submit any question or proposed ordinance or resolution, or refer any adopted ordinance or resolution, or submit any initiative or referendum measure, to a vote of the people at a special election, in the same manner as a citizen initiated or referred measure, at any time prior to the statutory deadline to certify ballot content to the County Clerk, however, the decision to call a special election must be made by ordinance; and WHEREAS, City staff will present to the City Council for consideration in August, the question of whether to seek voter authorization to set aside statutory limitations on direct or indirect local government competition in utility, entertainment and telecommunication services within the City’s growth management area, pursuant to Sections 29-27-101 to 304 of the Colorado Revised Statutes; and WHEREAS, for the foregoing reasons, the City Council wishes to call a special municipal election on November 3, 2015, to be held in conjunction with the Larimer County Coordinated Election, for the purpose of submitting to the electorate of the City any ballot issues approved by the City Council prior to the deadline for certifying ballot content to the Larimer County Clerk and Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That a Special Municipal Election in the City is hereby called for Tuesday, November 3, 2015, which shall be held in conjunction with the Larimer County Coordinated Election and conducted in such manner as shall be determined by the Larimer County Clerk and Recorder. Section 2. That the provisions of the Uniform Election Code of 1992 are hereby adopted with respect to the conduct of said election in lieu of the provisions of the Municipal Election Code of 1965. Section 3. That, subject to any applicable provision in Colorado statute to the contrary, the City Council may, by resolution or ordinance, submit to the voters at said election any citizen-initiated or City-initiated measure that complies with the requirements of the City Charter, irrespective of the nature of such measure. - 2 - Section 4. That the City Clerk is hereby directed to certify the ballot content for the Special Municipal Election to the Larimer County Clerk no later than September 4, 2015, for any ballot titles set by the City Council prior to said date. Section 5. That the City Manager is hereby authorized to enter into an intergovernmental agreement with Larimer County for conduct of the election, pursuant to Section 1-7-116(2) of the Colorado Revised Statutes. Section 6. That, in the event that the City Council does not take action by ordinance or resolution prior to September 4, 2015, to submit any ballot measures to the voters at the November 3, 2015 Larimer County Coordinated Election, the election provided for herein shall be cancelled and the provisions of this Ordinance shall be of no further force and effect. Introduced, considered favorably on first reading, and ordered published this 21st day of July, A.D. 2015, and to be presented for final passage on the 18th day of August, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 18th day of August, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 1 - RESOLUTION 2015-078 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A BALLOT TITLE AND SUBMISSION CLAUSE FOR A CITY-INITIATED QUESTION AUTHORIZING THE CITY TO PROVIDE DIRECTLY, AND/OR INDIRECTLY WITH PUBLIC AND/OR PRIVATE SECTOR PARTNERS, HIGH-SPEED INTERNET SERVICES, TELECOMMUNICATION SERVICES, AND/OR CABLE TELEVISION SERVICES WITHIN THE CITY OF FORT COLLINS GROWTH MANAGEMENT AREA, AS PERMITTED BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES (SB 05-152), TO BE PRESENTED AT THE NOVEMBER 3, 2015 LARIMER COUNTY COORDINATED ELECTION. WHEREAS, on June 3, 2005, Colorado Senate Bill 05-152, “Concerning Local Government Competition in the Provision of Specified Communication Services”, became effective, as codified at Title 29, Article 27 of the Colorado Revised Statutes (The “Broadband Act”); and WHEREAS, by its terms, the Broadband Act limits the ability of local governments to provide “advanced services”, i.e., broadband and high-speed internet; telecommunication services; and cable services (collectively “Communication Services”) within their jurisdictions in competition with private service providers; and WHEREAS, recent economic development efforts have led Fort Collins and other local communities to develop robust fiber optic communication networks with the potential to deliver higher quality and more affordable Communication Services within their municipal areas than are currently provided by private service providers serving these areas; and WHEREAS, under the terms of the Broadband Act, the City may not use its fiber optic network to deliver Communication Services to private parties without first satisfying certain conditions regarding local government competition with private service providers; and WHEREAS, Section 29-27-201(1), C.R.S., provides that before a local government may engage or offer to provide Communication Services, the voters must determine whether or not the local government shall provide the proposed service(s); and WHEREAS, Section 29-27-201(2), C.R.S. further provides that the ballot question submitted to the voters pursuant to the section shall include a description of the nature of the proposed service, the role the local government will have in providing the service, and the intended subscribers, and the ballot proposition shall not take effect until submitted to and approved by a majority of the electors voting on the ballot; and WHEREAS, since 2011, the voters of three counties and thirteen municipalities have approved local ballot measures to set aside the limitations of the Broadband Act, authorizing their local governments to offer Communication Services directly or indirectly within their jurisdictions; and - 2 - WHEREAS, under Article X, Section 3 of the City Charter, the Council may submit any question, or proposed ordinance or resolution, or refer any adopted ordinance or resolution to the vote of the people at a regular or special election with the same force and effect as provided for citizen initiated and referred measures; and WHEREAS, the City Council intends to preserve and exercise its authority as a home- rule municipality under Section 6 of Article XX of the Colorado Constitution and the Home Rule Charter of the City of Fort Collins, while submitting the question to the registered electors of the City; and WHEREAS, the City Council adopted as of this date Ordinance No 89, 2015, calling a special election to be held as part of the Larimer County Coordinated Election on November 3, 2015 for the purpose of asking voters whether the City shall be allowed to provide Communication Services directly and/or indirectly within the City of Fort Collins growth management area; and WHEREAS, under Article X, Section 6(b) of the City Charter, upon calling an election on any initiative or referendum measure, the Council shall, after public hearing, adopt by resolution a ballot title and submission clause for each measure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby submitted to the registered electors of the City of Fort Collins at a special municipal election to be held as part of the Larimer County, Colorado Coordinated Election on Tuesday, November 3, 2015 the question of whether or not the City should be authorized to directly and/or indirectly provide specified communication services in substantially the following form: City-Initiated Question Authorizing the City to Provide Directly, and/or Indirectly with Public and/or Private Sector Partners, High-Speed Internet Services, Telecommunication Services, and/or Cable Television Services within the City of Fort Collins Growth Management Area, as Permitted by Title 29, Article 27 of the Colorado Revised Statutes (SB 05-152) Without increasing taxes by this measure, shall the City of Fort Collins, in the exercise of its home-rule authority, have the right to provide, either directly, and/or indirectly with public and/or private sector partners, high-speed internet services, including but not limited to any new or improved high bandwidth services based on future technologies (advanced services), telecommunications services, and/or cable television services to residents, businesses, schools, libraries, nonprofit entities and other users of such services located within the boundaries of the City of Fort Collins growth management area, as expressly permitted by SB 05-152 (codified at Sections 29-27-101 to 304 of the Colorado Revised Statutes)? - 3 - _____ Yes/For _____ No/Against Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of August, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk