HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/16/2018 - ITEMS RELATING TO BROADBAND FACILITIES AND SERVICEAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY January 16, 2018
City Council
STAFF
Mike Beckstead, Chief Financial Officer
John Duval, Legal
Cyril Vidergar, Legal
SUBJECT
Items Relating to Broadband Facilities and Services.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General Fund as a
Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and Maintenance Costs for
Telecommunication Facilities and Services.
B. Second Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to Authorize
and Implement the City’s Provision of Telecommunication Facilities and Services as Provided in City
Charter Article XII, Section 7.
Ordinance No. 010, 2018, appropriates $1.8M of funding to support first year start-up costs associated with
recruiting and hiring personnel, consulting, equipment, and branding to support the initiative. Funding would
come from the General Fund as a loan to the Light and Power Fund as start-up funding until bonds can be
issued to support the total broadband build out. The bonds will be structured allowing a planned repayment to
the General Fund of start-up costs supported by this appropriation. The reserves will be restored from the
proceeds of the bond issuance, pending the Council’s adoption of the corresponding bond ordinance (currently
scheduled for the March 20 and April 3 meetings). The operation and maintenance expenses table in the
“Whereas” clause for Ordinance No. 010, 2018, has been updated for Second Reading to reflect consistent
data with the table used in the agenda item summary and staff presentation on First Reading. The revised
table reflects the latest final planned budget for first year operation and maintenance expenses.
Ordinance No. 011, 2018, amends City Code to authorize the City Electric Utility to begin implementing its
provision of broadband facilities and services and to receive and expend the General Fund loan through the
Light and Power Fund. The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters
approved this past November that grants to Council the power to authorize the Electric Utility to acquire,
construct, provide, fund and contract for telecommunication facilities and services and that grants to the
Enterprise of the Electric Utility the power to issue bonds to fund these facilities and services. These changes
also include assigning to the City Manager the direct responsibility to administer and supervise the Electric
Utility’s provision of broadband facilities and services. In response to discussion during consideration on First
Reading, the revision to Code Section 2-491 presented on First Reading has been removed from Ordinance
No. 011, 2018. A needed conforming change to the definition of “service area” in Code Section 1-2 has been
substituted in as Section 2 of Ordinance No. 011, 2018. These revisions are shown in the Second Reading
version of the Ordinance No. 011, 2018. Both Ordinances were unanimously adopted on First Reading on
January 2, 2018.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
Agenda Item 10
Item # 10 Page 2
ATTACHMENTS
1. First Reading Agenda Item Summary, January 2, 2018 (w/o attachments) (PDF)
2. Memo re: questions raised at First Reading (PDF)
Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Mike Beckstead, Chief Financial Officer
John Duval, Legal
Cyril Vidergar, Legal
SUBJECT
Items Relating to Broadband Facilities and Services.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General Fund as a Loan
to the Light and Power Fund for the Electric Utility’s First Year Operations and Maintenance Costs for
Telecommunication Facilities and Services.
B. First Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to Authorize and
Implement the City’s Provision of Telecommunication Facilities and Services as Provided in City Charter
Article XII, Section 7.
The City has been engaged in a multi-year process of research, due diligence, and community engagement that
resulted in two successful ballot measures. The first in November 2015 gave the City the authority to provide
high-speed broadband services to the community, the second, in November 2017 added telecom activity to the
City Charter and demonstrated support for borrowing up to $150 million to provide fiber to the premise
infrastructure.
At the November 28, 2017, Council Work Session discussion concerning the City’s Broadband updates,
including an estimated timeline, major milestones, appropriation and governance recommendations, staff
highlighted the need to dedicate resources to support further development and details associated with a
Municipal Retail model.
Staff is requesting $1.8M of funding to be appropriated to support first year start-up costs associated with
recruiting and hiring personnel, consulting, equipment, and branding to support the initiative. Funding would
come from the General Fund as a loan to the Light and Power Fund as start-up funding until bonds can be issued
to support the total broadband build out. The bonds will be structured allowing a planned repayment to the
General Fund of start-up costs supported by this appropriation. The reserves will be restored from the proceeds
of the bond issuance, pending the Council’s adoption of the corresponding bond ordinance (currently scheduled
for the March 20 and April 3 meetings).
To evidence the repayment of this loan, the City Council, acting as the Electric Utility Enterprise Board, will be
considering an ordinance in a separate agenda item at this meeting which will agree to and direct the repayment
of this loan to the General Fund when the bond proceeds are received.
In addition, certain City Code changes are needed to authorize the City Electric Utility to begin implementing its
provision of broadband facilities and services and to receive and expend the General Fund loan through the
Light and Power Fund. These changes are proposed in Ordinance No. 011, 2018, which accompanies this
agenda item.
ATTACHMENT 1
Agenda Item 20
Item # 20 Page 2
The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters approved this past
November that grants to Council the power to authorize the Electric Utility to acquire, construct, provide, fund
and contract for telecommunication facilities and services and that grants to the Enterprise of the Electric Utility
the power to issue bonds to fund these facilities and services. These changes also include assigning to the City
Manager the direct responsibility to administer and supervise the Electric Utility’s provision of broadband facilities
and services.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
In 2016, following the passage of a ballot measure on November 3, 2015, authorizing the City to deliver high-
bandwidth internet and telecommunication services, the City identified access to broadband as a strategic
objective. The 2016 Strategic Plan Objective 3.9 states - “Encourage the development of reliable high-speed
internet services throughout the community.”
Additional benefits sought through the broadband plan include:
Competitive pricing (residential market pricing at $70/month or less for 1 Gbps and an affordable internet
tier);
Universal coverage across the Growth Management Area;
Underground service for improved reliability; and
Timely implementation to providing services within a reasonable timeframe (less than five years).
Implementing a municipal broadband operation will require a multiphase/multi-year approach and will include
needed personnel, equipment, workspace and assets (fiber, equipment, etc.). First year O&M start-up costs,
estimated at $1.8 million, will be appropriated from the General Fund and ultimately reimbursed from the bond
proceeds later in the year.
Timeline
Following the appropriation of the $1.8M startup operational costs initial work would include:
Months 1 - 5
Issue Request for Proposals (RFPs), interview and negotiate contracts. RFPs to be released include, but
are not limited to:
o Engineer/design
o Combined Computer Information System
o Construction
o Hardware/equipment
Recruitment and staffing (prioritization of key personnel)
o Broadband Director
o Sr. Network Engineer
o Marketing Manager
o Outside Plant Manager
o Additional staffing
Code updates/modifications with City Attorney’s Office
Bond Issuance (target close - Month 5)
Branding, Marketing and Sales Plan (continuous)
Month 6+
Begin engineering/design work
Agenda Item 20
Item # 20 Page 3
Implementation of CIS system (billing/customer relationship management tool)
Commence construction (Month 10+)
Customer connections (estimated at Month 18)
Figure 1
The current purposes for which electric utility funds may be spent under the City Code and direction of electric
utility services need to be amended to allow for timely deployment of broadband facilities and services.
Corresponding changes to expand the scope of approved electric utility enterprise funds spending and direction
of broadband utility services as a division of the electric utility are set forth in the accompanying Ordinance. The
Ordinance also temporarily authorizes the City Manager to act as director of such services, without regard to
existing provisions of the City Code that vest such authority in the Utilities Executive Director. This arrangement
will allow for the most expedited creation and funding for new broadband facilities and services until a more
formal utility structure can be established.
CITY FINANCIAL IMPACTS
Initial start-up costs, estimated at $1.8 million, will be appropriated from the General Fund and ultimately
reimbursed from the bond proceeds. The reserves will be restored from the proceeds of the bond issuance,
pending the Council’s adoption of the corresponding bond ordinance scheduled for the March 20 and April 3
meetings. The General Fund currently has sufficient unassigned reserves to support this appropriation.
The planned debt issuance is backed by revenue bonds issued by Utilities Light and Power (L&P). Revenue
bonds are municipal bonds that are secured by L&P revenue and rate-making capacity. Currently, staff
anticipates the issuance of two series of bonds: Series A, which have a three-year expenditure requirement and
pay tax-exempt interest; Series B can be carried forward for a longer period of time and pay taxable interest.
ATTACHMENTS
1. Powerpoint presentation (PDF)
($ 000's)
Q1 Q2 Q3 Q4
Full Time Equivalent 1.3 5.0 7.0 13.0
Quarter End Headcount 4.0 7.0 7.0 17.0
Personnel $ 43 $ 148 $ 187 $ 295 $ 672
Consulting 120 120 88 88 415
Branding/Web Site 63 63 30 30 185
Legal 50 30 20 20 120
Office & Equipment 45 49 63 92 248
Contingency 50 50 30 30 160
Total O&M $ 370 $ 459 $ 417 $ 554 $ 1,800
2018
Full Year
Economic Health Office
222 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.416.2170
970.224.6107 - fax
fcgov.com
MEMORANDUM
At the January 2 First Reading of Ordinance No. 010, 2018, staff committed to provided
additional information on two topics.
(1) Current loans from the City’s General Fund. Data below includes loans from all funds
currently outstanding.
URA Innosphere $ 5.3 $ 2.0 2024 50% Capital Expansion Fund
50% Water Fund
URA Capstone/Summit Housing Project 5.0 4.7 2037 General Fund
URA Prospect Station Development 0.3 0.2 2037 General Fund
($ millions)
Project
Loan
To
Original
Loan $
Current
Balance Loan Funded From
Expected
Payoff Date
(2) Source of previously appropriated funds for Broadband assessment and planning
The 2015/2016 Budget appropriated $300k and an additional $160 was appropriate in early 2017
to support the feasibility planning to provide broadband services to the community. Each of
these appropriations was split equally between the General Fund and the Light & Power Fund.
Date:
January 8, 2018
To:
Mayor and City Councilmembers
From:
Mike Beckstead, Chief Financial Officer
Through:
Darin Atteberry, City Manager
Re:
Questions from Broadband Appropriation Ordinance No. 010, 2018
ATTACHMENT 2
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ORDINANCE NO. 010, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AS A LOAN TO
THE LIGHT AND POWER FUND FOR THE ELECTRIC UTILITY’S FIRST YEAR
OPERATIONS AND MAINTENANCE COSTS FOR TELECOMMUNICATION FACILITIES
AND SERVICES
WHEREAS, at the November 28, 2017, City Council Work Session, there was a
discussion concerning the City’s broadband project, which included an estimated timeline,
major milestones, appropriation and governance recommendations, and City staff highlighted
the need to dedicate resources to support further development and details associated with a
municipal retail model for the City’s Electric Utility to start providing telecommunication
facilities and services; and
WHEREAS, in pursuit of that plan development, staff is requesting an appropriation of
$1.8 million from General Fund reserves to support first year start-up costs associated with
recruiting and hiring personnel, consulting, equipment, branding to support the initiative and
other operations and maintenance costs; and
WHEREAS, the General Fund reserves will be restored from the proceeds of the
Electric Utility Enterprise proposed bond issuance, pending the Council’s adoption of the
corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings),
acting as the Board of the Electric Utility Enterprise; and
WHEREAS, costs estimates are as follows:
($ 000's) Year 1 Full Year
Q1 Q2 Q3 Q4
Full Time Equivalent 4 5 7 13
Quarter End Headcount 4 7 7 17
Personnel $128 $148 $187 $295 $758
Consulting 120 120 88 88 415
Branding/Web Site 63 63 30 30 185
Legal 60 20 0 0 80
Office & Equipment 53 49 63 92 256
Contingency 25 25 25 25 100
Total Operations & Maintenance $449 $424 $392 $529 $1,794
Total Capital $40 $1,755 $1,550 $1,490 $4,835
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; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the General Fund; and
WHEREAS, this appropriation will serve the public purpose of providing a loan to the
City’s Electric Utility to help fund its start-up costs related to the Utility making
“telecommunications facilities and services,” as this term is defined in Section 7 of City Charter
Article XIII, available to its customers throughout the City; and
WHEREAS, the City Council hereby finds that the appropriation is necessary for the
public’s health, safety and welfare and is in the best interests of the City and its residents,
businesses, and public and private organizations.
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 there is hereby appropriated from prior year reserves in the General
Fund the sum of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS
($1,800,000) as a loan to the Light and Power Fund to be expended for the Electric Utility’s
first year of operations and maintenance relating to telecommunications facilities and services.
This loan shall be repaid to the General Fund by the City’s Electric Utility Enterprise when the
Enterprise receives the proceeds from the revenue bonds the Enterprise is anticipated to issue
to fund the Electric Utility’s start-up costs for the provision of telecommunications facilities
and services. The loan repayment shall also include interest of two and three quarters percent
(2.75%).
-3-
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-1-
ORDINANCE NO. 011, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE AND
IMPLEMENT THE CITY’S PROVISION OF TELECOMMUNICATION FACILITIES AND
SERVICES AS PROVIDED IN CITY CHARTER ARTICLE XII, SECTION 7
WHEREAS, at a special election on November 3, 2015, City voters authorized the City
to provide high-speed internet services, including, without limitation, high-bandwidth broadband
services, telecommunications services, and/or cable television services within the City’s growth
management area; and
WHEREAS, at a special election on November 7, 2017, City voters approved an
amendment to the City Charter, which has added a new Section 7 to Charter Article XII
(“Section 7”); and
WHEREAS, paragraph (a) of Section 7 grants to the City Council certain powers related
to the City providing “telecommunications facilities and services,” including, without limitation,
“broadband Internet facilities and services,” as both these terms are defined in paragraph (f) of
Section 7 (“Telecommunication Facilities and Services”); and
WHEREAS, on July 20, 1993, the City Council adopted Ordinance No. 60, 1993
establishing the City’s Electric Utility as an enterprise of the City under Section 20 of Article X
of the Colorado Constitution (the “Electric Utility Enterprise”) by adding Section 26-392 to the
City Code; and
WHEREAS, this Ordinance adds a new Section 26-398 to Code Chapter 26 to implement
this authority granted in Section 7 by authorizing the Electric Utility to acquire, construct,
provide, fund and contract for Telecommunication Facilities and Services and by authorizing the
Electric Utility Enterprise to exercise the power to issue revenue bonds to fund the provision of
Telecommunication Facilities and Services as provided in paragraph (b) of Section 7; and
WHEREAS, this Ordinance also amends Code Sections 2-491, 2-504 and 26-21 to
delegate to the City Manager the direct responsibility to administer and supervise the Electric
Utility’s provision of Telecommunication Facilities and Services and to make other changes to
the administration of Utility Services in light of this new assignment of direct responsibility to
the City Manager, and amends the definition of service area in Code Section 1-2 in order to
reflect that some service area directors do not report directly to the City Manager; and
WHEREAS, because the Council has adopted on the same date as this Ordinance its
Ordinance No. 010, 2018, to appropriate $1.8 million from the City’s General Fund as a loan to
the City’s Light and Power Fund to be used by the Electricity Utility for its start-up costs related
to providing Telecommunication Facilities and Services, this Ordinance also amends Code
Section 8-77 to provide that the Electric Utility’s revenues, debt issuance proceeds and
expenditures related to Telecommunication Facilities and Services shall be deposited, expended
and administered through the City’s Light and Power Fund; and
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WHEREAS, the City Council hereby finds that this Ordinance is necessary for the
public’s health, safety and welfare and is in the best interests of the City and its residents,
businesses, and public and private organizations and of the Electric Utility’s 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 and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-491 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-491. - Executive—Office of the City Manager; duties of the City Manager.
The Office of the City Manager shall be under the direction of the City Manager, who shall be
responsible to the City Council for the proper administration of all affairs of the City and who
shall have all powers and duties assigned to the City Manager by the provisions of the Charter
and this Code. The offices and divisions of the Office of the City Manager shall be established
by the City Manager. Said offices and divisions, and the employees assigned thereto, shall be
responsible for such duties and functions as may be determined by the City Manager, provided
that such duties and functions are, in the discretion of the City Manager, reasonable and
necessary for the proper administration of the affairs of the City consistent with the
Charteradministrative organization of the City as established by the provisions of the Charter and
this Code.
Section 2. That the definition of “Service area” in Section 1-2 of the Code of the City
of Fort Collins is hereby amended to read as follows:
Service area means a major City administrative unit designated as a service area in this
Code and headed by a director who, regardless of title, is directly responsible to the City
Manager or his or her designee.
Section 3. That Section 2-504 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-504. - Utility Services; duties of Director and City Manager.
(a) Utility Services shall be and is hereby created as a service area of the City.
(b) Except as provided in paragraph (c) below, Utility Services shall be in the charge of a
Director who shall be directly responsible to the Deputy City Manager for the functions and
duties of Utility Services, including, without limitation, the functions and duties necessary to
provide for the design, construction, reconstruction, addition, repair, replacement, operation and
maintenance of the City's electric, water, wastewater and stormwater utility services, and who
shall have control and supervision over such agencies, service units, departments, divisions,
offices or persons assigned by the Deputy City Manager.
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(c) The City Manager shall have the direct responsibility and authority to administer and
supervise all functions and activities related to the electric utility’s provision of
“telecommunication facilities and services,” as this term in defined in Section 7(f) of Charter
Article XII. In exercising this authority, the City Manager may assign to other employees such
duties, assignments and functions as the City Manager determines necessary for the proper and
efficient administration of the electric utility in providing telecommunication facilities and
services.
Section 4. That Section 8-77 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-77. - Light and power fund.
There is hereby created a fund to account for the City's municipal electric utility known as the
light and power fund. Revenues for the fund shall include bond and other debt issuance proceeds
and receipts from charges for electric facilities and services and from telecommunication
facilities and services. Expenditures shall be made for approved purposes in connection with
furnishing electric facilities and services and furnishing telecommunication facilities and
services. For purposes of this section, the term “telecommunication facilities and services” shall
have the meaning given to it in Section 7(f) of Charter Article XII.
Section 5. That Section 26-1 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-1. - Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this Section:
. . . .
Electric utility shall mean those departments of Utility Services which are in charge of
the distribution and sale of electricity and the provision of telecommunication facilities
and services in the City.
Telecommunication facilities and services shall have the meaning given to it in Section
7(f) of Charter Article XII.
. . .
Section 6. That Section 26-21 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-21. - Organization.
. . .
(b) Except as provided in § 2-504 of this Code, Utilities Services shall be headed by the
Utilities Executive Director.
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Section 7. That a new Section 26-398 is hereby added to the Code of the City of Fort
Collins to read as follows:
Sec. 26-398. – Telecommunication facilities and services.
(a) To the full extent authorized in Section 7 of Charter Article XII, the electric utility is
authorized to acquire, construct, provide, fund and contract as necessary to provide
telecommunication facilities and services in the City, and to take such other actions as may be
necessary for the proper administration of said facilities and services. The City’s electric utility
enterprise is also authorized to issue revenue and refunding securities and other debt obligations
in the manner and to the full extent authorized in Section 7(b) of Charter Article XII and in Code
§ 26-392 to fund the electric utility’s provision of telecommunication facilities and services.
(b) The provisions of this § 26-398 shall supersede any contrary or conflicting provisions of
the Code, including, without limitation, provisions of this Chapter 26 specifying the authority,
funding, operation and supervision of the electric utility.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk