HomeMy WebLinkAbout043 - 05/03/2022 - MAKING SUPPLEMENTAL APPROPRIATIONS AND AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE COLORADO UTILORDINANCE NO. 043, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS AND AUTHORIZING TRANSFER
OF APPROPRIATIONS FROM THE COLORADO UTILITY DATA ACCELERATOR
GRANT FOR THE FORT COLLINS UTILITIES MYDATA CUSTOMER PORTAL
WHEREAS, on December 4, 2018, City Council adopted Ordinance No. 144, 2018,
creating the Fort Collins Building Energy and Water Scoring (BES) program under City Code
Chapter 12, Art. XI to increase transparency and access to building performance information, and
enhance coordination among community efficiency programs and partner organizations; and
WHEREAS, community building energy and water scoring is an integral strategy to meet
the City's Climate Action Plan Framework, Energy Policy, Water Efficiency Plan (adopted by
Resolution 2016-023), and renewable power goals; and
WHEREAS, on September 7, 2021, Colorado House Bill 21-1286, the "Energy
Performance for Building statute", became effective (codified at Colorado Revised Statutes
("C.R.S.") Section 25-7-142), requiring owners of commercial, multifamily, and public buildings
with gross floor areas of 50,000 square feet or more to report annual energy use to the Colorado
Energy Office (CEO), which requirements operate in parallel with the BES program; and
WHEREAS, the City collects utility customer building data electronically through the EPA
ENERGY STAR Portfolio Manager tool and manages the data on the MyData Customer Portal
pursuant to City Code Section 12-203, which records can also be used to satisfy the reporting
mandated by the Energy Performance for Building statute; and
WHEREAS, the CEO is providing grants to qualifying Colorado utilities to fund timely
implementation of solutions that meet the Energy Performance for Building statute building
performance data collection and reporting requirements; and
WHEREAS, the CEO recently awarded the City a "Colorado Utility Data Accelerator
Grant" in the amount of $100,000.00, which monies will reimburse the Light & Power Fund for
expenses incurred to collect and transmit data from the MyData Customer Portal to the CEO; and
WHEREAS, Article V, Section 9 of the City Charter permits City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current estimate
of actual and anticipated revenues and all other funds to be received during the fiscal year; and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and has determined this appropriation is available and previously unappropriated from the
Light & Power Fund and will not cause the total amount appropriated in the Fund to exceed the
current estimate of actual and anticipated revenues to be received in that Fund during this fiscal
year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state or private
grant or donation or the City's expenditure of all funds received from such grant or donation; and
WHEREAS, the City Council wishes to designate the appropriation herein of the Colorado
Data Accelerator Grant as an appropriation that shall not lapse until the earlier of the expiration of
the grant or the City's expenditure of all funds received from such grant; and
WHEREAS, the funds proposed for appropriation in this Ordinance do not involve capital
construction or otherwise trigger requirements to fund the Art in Public Places Program; and
WHEREAS, the proposed appropriation and expenditure of these grant funds to further
compliance with the Energy Performance for Building statute will benefit the public health, safety
and welfare of the residents of Fort Collins, and serve ratepayers by sharing aggregate utility data
with building owners and improving regional building efficiency benchmarking.
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 new revenue or other funds in the
Light & Power Fund the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) to be
expended in the Light & Power Fund to expand reporting of building benchmarking metrics from
the Fort Collins Utilities MyData Customer Portal in accordance with C.R.S. Section 25-7-142.
Section 3. That the appropriation herein is designated, as authorized in Article V,
Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year
but continue until the earlier of the expiration of the grant or the City's expenditure of all funds
received from such grant.
Introduced, considered favorably on first reading, and ordered published this 19th day of
April, A.D. 2022, and to be resented for final passage on the 3rd day of May, A.D. 2022.
0�1 SC
"�• Mayo Te
ATTEST:
COLON
City erk
Passed and adopted on fin reading on the 3rd day of May, A.D. 2022.
o:
J.;
Mayor Pro YtIn
ATTEST.--- - - — — - - •' °
COLD
City Clerk
-3-