HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/15/2016 - ITEMS RELATING TO VARIOUS AMENDMENTS TO CHAPTER 26Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY November 15, 2016
City Council
STAFF
Lisa Rosintoski, Utilities Customer Connections Manager
Lori Clements, Customer Care & Technology Manager
SUBJECT
Items Relating to Various Amendments to Chapter 26 of the Code of the City of Fort Collins Pertaining to
Utilities - Fall 2016.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 120, 2016, Amending Chapter 26 of the Code of the City of Fort Collins
Pertaining to Water Meter Requirements and Installation.
B. Second Reading of Ordinance No. 121, 2016, Amending the Code of the City of Fort Collins to Clarify
Utility Accounts, Billing and Collection Practices.
These Ordinances, unanimously adopted on First Reading on November 1, 2016, update Chapter 26 of the
City Code to address the following:
Identify requirements for location and installation of water service meters
Clarify accounts and billing practices involving billing and collection dates and practices, and services
provided to leased premises.
A portion of the language approved on First Reading of Ordinance No. 121, 2016, for inclusion in Sec. 26-721
of the City Code has been removed for Second Reading of the Ordinance. The deleted language was originally
included on first reading of the Ordinance as part of new language to be added to the Code. However, staff
has determined that this language will create an undue administrative burden and difficulty associated with
inquiring into and validating whether the cause of a meter failure was a customer or a third party, and to apply
a uniform method to calculate back-billing amounts for all customers with meter failures. The removed
language appears as a “strike-out” in Section 7 of the Ordinance on Second Reading.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 1, 2016 (w/o attachments) (PDF)
2. Ordinance No. 120, 2016 (PDF)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY November 1, 2016
City Council
STAFF
Lisa Rosintoski, Utilities Customer Connections Manager
Lori Clements, Customer Care & Technology Manager
SUBJECT
Items Relating to Various Amendments to Chapter 26 of the Code of the City of Fort Collins Pertaining to
Utilities - Fall 2016.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 120, 2016, Amending Chapter 26 of the Code of the City of Fort Collins
Pertaining to Water Meter Requirements and Installation.
B. First Reading of Ordinance No. 121, 2016, Amending the Code of the City of Fort Collins to Clarify Utility
Accounts, Billing and Collection Practices.
The purpose of this item is to update Chapter 26 of the City Code to address the following:
Identify requirements for location and installation of water service meters
Clarify accounts and billing practices involving billing and collection dates and practices, and services
provided to leased premises.
Starting in 2015, Fort Collins Utilities instituted a semi-annual cycle for City Code amendments in order to
manage regular housekeeping and routine updates. This is the second set of ordinances presented under the
2016 City Code review cycle, which is designed to present changes as needed to City Council in the spring
and fall of each year. These updates are separate from annual service rate adjustments, which will be brought
forward under a separate City Council agenda item.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
In 2015 Fort Collins Utilities instituted, similar to Planning Development and Transportation Service Area, a
process to manage revisions to City Code amendments that support business operations and are considered
house-keeping and routine in nature.
The proposed changes described below represent updates for the fall 2016 City Code review cycle.
WATER SERVICES
Sec. 26-98 – Water meter requirements and installation
Updated language to clarify the requirement that all water services be metered, location requirements for
meters, and the process for installing meters.
ATTACHMENT 1
Agenda Item 6
Item # 6 Page 2
Sec. 26-279 – Service charges; categories
Adding language to clarify the winter quarter average calculation for wastewater charges due to system
failure or consumption event.
CUSTOMER BILLING AND ACCOUNT SERVICES
Sec. 26-713 - Due date; delinquency
Updating language to clarify existing processes regarding due dates and delinquency for utility services.
Sec. 26-715 - Deposits
Updating language regarding deposits for utility services to clarify existing processes and as follow-through
on updated unclaimed intangible property policies.
Sec. 26-719 - Service initiation and termination
Adding language regarding utility service initiation and updated language for utility service termination to
reflect existing practices.
Sec. 26-721 - Billing errors
Updating, removing, and adding language to streamline evaluation of billing error resolution and
reconciliation of credits and undercharges (as follow through on updated unclaimed intangible property
policies), and creating expedited customer appeal process.
Sec. 26-722 - Leased property owners
Adding section clarifying existing practices regarding owners of rental properties and management of utility
services
ELECTRIC SERVICES
Section 26-463 – Electric rates; general service rules, regulations and interconnection standards
Correcting outdated references to “electric service rules, regulations” with “Electric Service Standards”.
BOARD / COMMISSION RECOMMENDATION
Attached are the minutes from the Energy Board and Water Board presentations. Both boards recommended
City Council adoption of the proposed Code revisions.
PUBLIC OUTREACH
Fort Collins Utilities added a webpage (http://www.fcgov.com/utilities/what-we-do/city-code-updates) to the
Utilities website that notices the City Code changes, the timeline, and the details of the proposed changes. The
proposed City Code updates were posted to this location prior to availability of the final City Council agenda
materials for this meeting.
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ORDINANCE NO. 120, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-98 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING WATER METER REQUIREMENTS AND INSTALLATION
WHEREAS, the City owns and operates a Water Utility that provides treated water
service to customers; and
WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility
services; and
WHEREAS, pursuant to Ordinance No. 135, 1997, the City enacted significant revisions
to Section 26-98 of the Code of the City of Fort Collins in order to, among other things, enact a
schedule by which water meters will be installed for all of the City’s water customers; and
WHEREAS, said revisions included a schedule and other provisions in order to satisfy
the requirements of the Colorado Water Metering Act (Section 37-97-101 et seq., C.R.S.); and
WHEREAS, various provisions of Section 26-98 of the Code of the City of Fort Collins
are now no longer applicable; and
WHEREAS, removing said provisions from Section 26-98 of the Code of the City of Fort
Collins will facilitate the administration of water meter requirements and installation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-98 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-98. - Water meter requirements and installation.
(a) Water meters shall be required for the following services:
(1) All water services to residential users connected to the utility pursuant to a
water services permit issued on or after July 1, 1990;
(2) All water services to nonresidential users; and
(3) All water services to residential and nonresidential users outside the
corporate City limits.
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(b) A residential user having water service connected to the utility prior to July 1,
1990, that does not have an installed water meter shall allow the utility to install a water
meter for such user's residential water service following notice as provided in this
Subsection. The utility shall notify the residential user of this requirement by sending by
first class mail a written notice to the user at the address of the affected residential unit.
Such notice must be mailed to the residential user at least fourteen (14) days prior to the
date stated in the notice by the Utilities Executive Director as the date by which the water
meter must be installed. Upon receiving such notice, the residential user shall follow the
instructions in the notice by calling the utility to schedule the installation of the water
meter by the required date. If the residential user fails to schedule or allow the utility to
install the water meter by the required date, the residential user shall be deemed in
violation of this Section and subject to the penalty provisions of Subsection (g) of this
Section.
(c) Water meter installations shall meet the requirements of the utilities standard
construction specifications adopted by the Utilities Executive Director. Additionally:
(1) Meters shall not be installed in a crawl space.
(2) Residential ¾" meters may be installed interior or exterior to the building.
(3) All meter installations for meter sizes of 1" or larger shall be installed in
an exterior location.
(4) Modifications to the installation locations required under this Subsection
(c) may be approved by the Utilities Executive Director if the Utilities Executive
Director first determines that it is not practicable to meet the requirements of this
Subsection (c) due to the physical configuration of the subject property.
(d) If, during the installation of a water meter outside of a user's residential or
nonresidential unit, it is determined that the water service line does not conform to the
provisions of § 26-97, the entire cost of repairing or replacing such water service line
shall be borne by the user.
(e) All water meters and setting devices shall be of a type, size and design approved
by the Utilities Executive Director and furnished by the utility.
(f) The water meter is the property of the water utility. The utility shall maintain, test
and repair all meters as necessary. A meter may be inspected at any reasonable time by
the utility.
(g) It shall be unlawful for a user not to have an installed water meter when required
to have one pursuant to this Section. Each day that a user fails to have an installed water
meter when required to have one pursuant to this Section shall be deemed a separate and
distinct violation. Failure of a user to have an installed water meter when required to have
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one pursuant to this Section shall also constitute a violation that subjects the user to
discontinuance of water service in accordance with §26-51.
Introduced, considered favorably on first reading, and ordered published this 1st day of
November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of November, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 121, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY
UTILITY ACCOUNTS, BILLING AND COLLECTION PRACTICES
WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility
services; and
WHEREAS, Chapter 26, Article XII, of the City Code sets forth definitions and terms for
assessing and collecting fees and charges due for delivery of specified utility services; and
WHEREAS, such provisions require updating and modification from time to time, for
purposes of clarification, correction of errors and to ensure that the Code remains a dynamic
document capable of responding to issues identified by staff, customers, and citizens and
changing technology for and manner of delivering utility services; and
WHEREAS, Fort Collins Utilities staff has identified provisions of Chapter 26 of the City
Code where clarification of the service fee collection and bill-correction practices are required to
better inform customers and align with current utility practices; and
WHEREAS, on September 1, 2016, the Energy Board reviewed and voted unanimously
to recommend approval of proposed revisions to Chapter 26 of the City Code to clarify and
update utility customer billing and collection practices; and
WHEREAS, on September 15, 2016, the Water Board reviewed and voted unanimously
to recommend approval of proposed revisions to Chapter 26 of the City Code to clarify and
update utility customer billing and collection practices; and
WHEREAS, the City Council has determined it is desirable to maintain appropriate
utility service billing and collection practices and the recommended clarification of such
practices in the City Code, as set forth herein, is in furtherance of the benefits available to utility
ratepayers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-279(c)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-279. Service charges; categories.
. . .
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(c) The rate determination by category is as follows:
. . .
(2) If water use is metered, the rate for Categories A and B and the rate for
Category C shall be based on winter quarter water use in accordance with the
following formula:
Cu = VuC
Where:
Cu = Users charge per billing period
Vu = Volume of winter quarter water use
C = A charge per unit volume of water
used based upon the cost of service
per unit volume of normal,
domestic-strength wastewater
a. The user shall be charged this calculated amount and the applicable
base charge as set forth in § 26-280. If any metered water service customer
connects to the wastewater utility or makes a change in the use of the
premises or substantially expands such premises, the Utilities Executive
Director shall make an estimate of the water consumption on such
premises during an average winter month based upon a count of plumbing
fixtures, consumption of similar customers or other information relevant to
such determination; and such estimate, when made, shall be the basis for
the wastewater service charge until the actual winter use for the premises
can be determined or until an alternative means of determining wastewater
volume is established for the user in accordance with this Article.
b. If a metered water service customer experiences a temporary
mechanical system failure or consumption event that substantially
increases the customer’s normal volume of use, without otherwise
changing the premises, and afterward presents proof of repairs completed
and the customer returns to a normal volume of use, the Utilities
Executive Director may adjust the customer’s winter quarter average if
impacted by the failure or event. In making that adjustment, the Utilities
Executive Director shall use the greater of the rate class average winter
quarter average and an estimate of the water consumption at such premises
during an average winter month, based on prior consumption at the
premises, consumption of similar customers, and other information
relevant to such determination, to the extent such information is available.
Such estimate, when made, shall be the basis for the wastewater service
charge until a corrected winter use for the premises can be determined or
until an alternative means of determining wastewater volume is
established for the customer under this Article.
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. . .
Section 3. That Section 26-463(c) and (d) of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 26-463. - Electric rates; general service rules, regulations and interconnection
standards.
. . .
(c) The Utilities Executive Director may adopt minor additions, revisions and
corrections to the Electric Service Standards and Interconnection Standards for
Generating Facilities Connected to the Fort Collins Distribution System as may, in the
judgment of the Utilities Executive Director, be necessary to better conform to good
engineering and/or construction standards and practice or to clarify a particular standard.
The Utilities Executive Director shall approve only those proposed technical revisions
that:
. . .
(d) The Utilities Executive Director may approve the limited suspension of the
Electric Service Standards and Interconnection Standards for Generating Facilities
Connected to the Fort Collins Distribution System for the purpose of supporting special
research, equipment testing or pilot projects that are under the direction and control of the
Fort Collins Utilities. The Utilities Executive Director shall approve limited suspension
only for projects that:
. . .
Section 4. That Section 26-713 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-713. Due date; delinquency.
(a) All fees and charges for the use of utility services are due and payable in full as of
the due date specified on the utility bill and become delinquent after that date.
Acceptance of partial payment will not be deemed a waiver of the City's right to collect
any remaining balance or to exercise any of its authorized remedies for nonpayment.
Prior to service disconnection, customers may make arrangements for payment with the
approval of the Utilities Executive Director, and as otherwise provided in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720.
(b) All charges and fees on utility bills shall be effective as of the date mailed to the
last known mailing address of the customer.
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…
(e) The terminated utility service will be restored after the customer has paid in full
all delinquent fees and charges, plus collection costs, together with the expenses of
discontinuing and restoring service, including costs of after-hours labor and materials and
specified fees, as provided in this Article.
Section 5. That Section 26-715 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-715. Deposits.
The City may at any time require a deposit if the customer has no history with the utility
or has received one (1) or more turn-off notices for delinquency within the past twelve
(12) consecutive billing periods. The amount of the deposit shall be two (2) times the
estimated monthly bill for the utility services to be furnished to the customer. Any
outstanding portion of a deposit not previously returned to a customer will be credited
toward the customer’s final service bill.
Section 6. That Section 26-719 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-719. Service initiation and termination at user's request.
(a) Requests to initiate any utility service must be made to the utilities at least one (1)
business day prior to the customer’s desired initiation date, and additional notice may be
required to ensure services are available. Requests are managed as soon as possible
during normal business hours and may incur additional fees and charges, as set forth in
Section 26-712 of this Code.
(b) Requests to terminate a utility service other than through an electronic service
request portal must be made to the utility at least one (1) business day prior to the desired
discontinuance date. The customer(s) will be liable in any event for utility services
consumed until the final meter reading is obtained. The termination notice given by the
customer does not relieve the customer in any way from any minimum charges or
payments guaranteed under a service contract.
Section 7. That Section 26-721 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-721. Billing errors.
(a) When an error has been made in an account, the following shall apply:
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Overpayment When the utility determines a customer has overpaid for utility
service and the overpayment occurred no more than six (6) years
before the date the error is made known to the utility, the utility
will issue to the customer a credit or a refund, without interest,
as reimbursement for the overpayment if each of the following
conditions is met:
a. documentation evidencing the overpayment is available in
utility records or has been provided to the utility by the
customer; and
b. the utility confirms the accuracy and sufficiency of the
documentation based on utility records.
Credit balances The utility will make reasonable efforts to refund or credit,
without interest, to the customer any amount paid or credited to
an account for utility service in excess of applicable charges
where there are current billing records acceptable to the utility.
Any refund mailed to the last known address of the customer and
returned unpaid to the utility or not cashed by the customer
within two (2) years of either the date of delivery or mailing of
the check, will be retained by the City, and disposed of
according to the unclaimed intangible property policies of the
utility.
Undercharges When the utility determines a current customer has been
undercharged for any reason and has underpaid for utility
service, the customer shall be billed for the undercharges
without interest, except:
a. when the undercharges occurred more than six (6) years
before the date the utility discovers the error; or
b. the undercharges total less than a minimal amount per
account or aggregate billing system threshold established by the
administrative rules and regulations adopted by the Financial
Officer pursuant to § 26-720.
Meter failure When the utility determines a meter has failed to register usage
within prescribed accuracy limits, the customer will be billed
based on the estimated metered consumption for the period
during which the meter malfunction occurred, unless the error is
caused by vandalism or damage by parties other than the
customer, as determined by the Utilities Executive Director.
a. in the case of a failed water remote meter, the utility will
bill for the difference between the inside meter reading and the
remote reading, unless the failure was caused by vandalism or
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damage by parties other than customer, as determined by the
Utilities Executive Director.
b. customers who have been underbilled for services
received, will be re-billed, at no interest, for the actual or
estimated services delivered, based on utility service records or
other information acceptable to the utility that verify previous
billing statements do not appropriately reflect actual
consumption. The number of billing cycles over which
collection will occur will be subject to the administrative rules
and regulations adopted by the Financial Officer pursuant to §
26-720.
. . .
(d) Any customer aggrieved by a final determination or decision regarding a billing
error correction under this Section may petition the Utilities Executive Director for a
hearing by making a written application for such hearing within seven (7) days of the
date of such determination or decision. The Utilities Executive Director may appoint a
hearing officer or elect to conduct such hearing personally. If a timely request for hearing
is made, a hearing concerning the propriety of the 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. 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 pursuant to §2-541 of this
Code.
Section 8. That a new Section 26-723 of the Code of the City of Fort Collins is
hereby adopted to read as follows:
Sec. 26-723. Leased property owners.
(a) Owners of rental property served by City utilities are required to select the
preferred manner for administering utility services to the rental property during tenant
vacancies.
(b) Service options include:
Leave Utilities On: This option automatically transfers account responsibility
into the property owner’s name when a tenant discontinues
service. A fee under Section 26-712 of this Code will be
assessed to the property owner each time the services revert
to the property owner. This option will not prevent
discontinuance of service due to any delinquency.
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Turn Utilities Off: This option discontinues metered utilities at the property
when a tenant discontinues service. A service connection fee
under Section 26-712 of this Code will be assessed to the
new service address account when services are reinstated.
Introduced, considered favorably on first reading, and ordered published this 1st day of
November, A.D. 2016, and to be presented for final passage on the 15th day of November, A.D.
2016.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of November, A.D. 2016.
Mayor
ATTEST:
City Clerk