HomeMy WebLinkAbout195 - 12/02/2025 - AMENDING SECTION 12-32 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE THE RESIDENTIAL WASTE COLLEORDINANCE NO.195,2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 12-32 OF THE CODE OF THE CITY OF
FORT COLLINS TO UPDATE THE RESIDENTIAL WASTE
COLLECTION PROGRAM
A.Colorado Revised Statutes Section 30-15-401(7.5)authorizes the City to
establish a residential waste collection program (the “Program”).
B.On April 18,2023,through Ordinance No.054,2023,the Council authorized
the City to establish the Program,and through Ordinance No.055,2023,authorized the
City to enter a contract with a contractor to provide residential waste collection services
under the Program.The City’s contractor began providing residential waste collection
services under the Program on September 30,2024,pursuant to a contract for services
(the “Contract”).
C.The Contract provides for an annual three percent increase in service rates,
and also allows the contractor to petition annually for rate increases above three percent
due to uncontrollable cost changes,which are limited to increases in disposal or
processing tip fees or regulatory changes.
D.The Code provisions that govern the Program authorize the City Manager
to execute amendments to the Contract,but only under certain circumstances.
Specifically,Section 12-32(a)of the Code of the City of Fort Collins provides that “[t]he
City Manager may approve and execute future amendments to the contract that the City
Manager,in consultation with the City Attorney,determines to be necessary and
appropriate to facilitate the program,so long as such amendments do not increase costs
to program customers without a commensurate service improvement,substantially
modify the purposes of the contract,or increase the obligations and responsibilities of the
City as set forth in the contract.”
E.City staff has recommended revisions to the Program that are consistent
with the original intent of the Program.The Contract authorizes rate increases above
three percent when there are uncontrollable cost changes,which would necessitate an
amendment to formalize.At the same time,the City Code prohibits the City Manager from
executing an amendment without Council approval that increases program costs but does
not include a commensurate service improvement.This Ordinance simplifies the
amendment process by expressly authorizing the City Manager to execute annual rate
increases in accordance with the Contract process without City Council action.
F.Additionally,staff has recommended that the Program be improved by
requiring price increases to be finalized not less than 45 days in advance of when they
take effect so that ample notice of rate increases can be given to Program customers.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 12-32(a)of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.12-32.City contract;City administrative fee;rates.
(a)The City may enter into an agreement with a licensed collector to become the
City’s contracted waste collector,subject to the following:
(1)The City’s contracted waste collector shall provide residential waste
collection services under the City’s residential waste collection program and
the dumpster program.The contract shall establish all appropriate terms
and conditions,including rates for residential waste collection services,for
the contracted waste collector’s provision of residential waste services to
the City.The contract shall also establish all appropriate terms and
conditions for the dumpster program.
(2)All rates under the contract shall be in amounts that reasonably relate to the
services provided for such rates.
(3)The City Manager may approve and execute future amendments to the
contract that the City Manager,in consultation with the City Attorney,
determines to be necessary and appropriate to facilitate the program,so
long as such amendments do not increase costs to program customers
without a commensurate service improvement,substantially modify the
purposes of the contract,or increase the obligations and responsibilities of
the City as set forth in the contract.
(4)The City Manager may also approve and execute future amendments to the
contract for an annual rate adjustment,if any,made in accordance with the
terms of the contract for an annual rate adjustment.Any amendment to the
contract for an annual rate adjustment shall be fully executed not less than
45 days prior to the effective date of the amendment.
Introduced,considered favora y on rs reading on November 18,2025,and
approved on second reading for final passage on December 2,2025.
ATTEST:
City
Effective Date:December 12,2025
Approving Attorney:Ted Hewitt
614/1’(1E~4’
Exhibit:None