HomeMy WebLinkAbout009 - 02/04/1997 - SUBMITTING CHARTER AMENDMENT NO. 2 TO THE APRIL 8, 1997 ELECTION ORDINANCE NO. 9, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING PROPOSED AMENDMENTS TO
ARTICLE XII OF THE CITY CHARTER,
PERTAINING TO MUNICIPAL PUBLIC UTILITIES, TO THE VOTE OF
THE REGISTERED ELECTORS OF THE. CITY OF FORT COLLINS
WHEREAS,Article IV, Section 8 of the Charter of the City of Fort Collins provides that the
Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, C.R.S., provides that Charter amendments may be initiated
by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the
registered electors of the City of Fort Collins; and
WHEREAS, on November 21, 1995, the City Council adopted Resolution 95-161 creating
a Charter Review Committee (the "Committee") and authorizing the Committee to undertake a
comprehensive review of the City Charter and to recommend any amendments thereto that the
Committee believed to be in the best interests of the City; and
WHEREAS, after conducting such review, the Committee has recommended several such
proposed amendments, including various amendments to Article XII of the City Charter pertaining
to municipal public utilities; and
WHEREAS,the City Council believes that the foregoing proposed amendments, as modified
by the City Council, should be submitted to the registered electors of the City so that the voters may
determine whether such amendments are in the best interests of the City.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed changes to Article XII, Sections 1, 4, 5, and 6
of the City Charter shall be submitted to the registered voters of the City as "Proposed Charter
Amendment No. 2" at the next regular municipal election to be held on April 8, 1997:
ARTICLE XII. MUNICIPAL PUBLIC UTILITIES
Section 1. City may acquire utilities; ancillary services.
(a) The Council shall have the power within or beyond the territorial
limits of the city to construct, condemn, purchase, acquire, lease and operate water,
gas, electric, wastewater and/or stormwater utility facilities, transportation systems,
telecommunications systems, , and other public utilities , in whole or in part, and
everything required therefor, for the use of the city and/or its utility customers.
(b) Public utilities owned by the City may provide, in addition to their
principal utility services, such ancillary services as may, in the judgment of the City
Manager, be beneficial to the ratepayers; provided, however, that if the revenues
derived from any such ancillary service exceed, in any fiscal year, five percent (5%)
of the gross revenues of the utility providing such service, the ongoing provision of
such ancillary service must be approved by the City Council by ordinance within six
(6) months after the end of said fiscal year. The rates, fees or charges for such
ancillary services shall be established by the City Manager. in such amounts as may
provide a reasonable return to the utility.
(c) public utilities acquired by the city, except waterworks and
transportation systems, shall not be paid for out of general taxes or general obligation
bonds,but shall be paid for from revenue derived from the public utility. Equipment
necessary for transportation system may be acquired from the funds of the equipment
fund of the city.
Section 4. Control of water.
The use of water belonging to the city,or the use of its water system,whether
for domestic or industrial use, or for use in connection with a franchise or other
privilege granted by the city, shall always be subject to the most comprehensive
scrutiny, management, and control by the city to ensure the successful operation of
the waterworks and the proper performance of the trust for the people under which
such waterworks and water rights are held by the city. When used by consumers,
whether by lease or otherwise, such use shall not confer any vested right and shall be
subject to such interruption as may be necessary, in the judgment of the City
Manager, to protect the interests of the city.
Section 5. Rental of raw water.
If the City Manager determines at any time that the city's supply of raw water
is greater than that needed by the city to supply treated water to its water utility
customers and to satisfy its own direct needs for raw water, then the City Manager
may rent any such additional raw water to consumers at rates that reflect competitive
market prices, supply and demand conditions, and costs to the city.
Section 6. Municipal utility rates and finances.
The Council shall by ordinance from time to time fix,establish,maintain, and
provide for the collection of such rates, fees, or charges for treated water,wastewater,
stormwater and electricity, as will produce revenues sufficient to pay the cost of
operation and maintenance of the city's utilities in good repair and working order; to
pay into the general fund in lieu of taxes and franchise fees on account of the
city-owned utilities such amount as may be established by the Council by ordinance;
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to pay the principal of and interest on all bonds of the city payable from the revenues
of the city's utilities; to provide and maintain an adequate working capital fund for
the day-to-day business operations of said utilities; to provide and maintain an
adequate fund for the replacement of depreciated and obsolete property and for the
extension, improvement, enlargement and betterment of said utilities; to pay the
interest on and principal of any general obligation bonds issued by the city to extend
or improve said utilities. The provisions hereof shall be subject at all times to the
performance by the city of all covenants and agreements made by it in connection
with the issuance, sale, or delivery of any bonds of the city payable out of the
revenues derived from the operation of its utilities, whether such revenue bonds be
heretofore or hereafter issued.
All net operating revenues of the city's utilities shall be held within the
respective utility's fund and may be expended only for renewals, replacements,
extraordinary repairs, extensions, improvements, enlargements and betterments to
such utility, or other specific utility purpose determined by the Council to be
beneficial to the ratepayers of said utilities.
Section 2. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 2 to the voters at said election:
PROPOSED CHARTER AMENDMENT NO. 2
AMENDMENTS TO ARTICLE XII OF THE CHARTER OF THE.CITY OF FORT COLLINS AUTHORIZING THE
CITY COUNCIL, WITHOUT A VOTE OF THE PEOPLE, to CONSTRUCT, CONDEMN, PURCHASE,
ACQUIRE, LEASE AND OPERATE UTILITY FACILITIES; AUTHORIZING THE CITY TO PROVIDE, IN
ADDITION TO ITS PRINCIPAL UTILITY SERVICES, SUCH ANCILLARY SERVICES AS MAY BE
BENEFICIAL TO THE UTILITY RATEPAYERS;AUTHORIZING THE CITY MANAGER TO ESTABLISH THE
RATES,CHARGES,OR FEES FOR SUCH ANCILLARY SERVICES; ALLOWING SURPLUS WATER RENTAL
RATES TO BE SET BY THE CITY MANAGER, RATHER THAN REQUIRING APPROVAL BY THE CITY
COUNCIL, AND PERMITTING THE RENTAL OF RAW WATER TO USERS BOTH INSIDE AND OUTSIDE
THE CITY LIMITS, SUBJECT TO SUCH INTERRUPTION IN USE AS MAY BE NECESSARY IN THE
JUDGMENT OF THE CITY MANAGER TO PROTECT THE INTERESTS OF THE CITY; SPECIFYING THAT
THE COUNCIL SHALL, BY ORDINANCE, FIX THE RATES OR CHARGES FOR TREATED WATER,
WASTEWATER, STORMWATER AND ELECTRICITY; SPECIFYING THAT THE REVENUES TO BE PAID
INTO THE CITY'S GENERAL FUND BY THE CITY'S UTILITIES MAY BE EQUAL TO THE AMOUNT OF THE
FRANCHISE FEES, AS WELL AS THE AMOUNT OF TAXES, THAT WOULD BE PAID BY SUCH
UTILITIES IF THEY WERE PRIVATELY OWNED; AND DELETING THE REQUIREMENT THAT THE
BUDGETS FOR CITY UTILITIES BE PREPARED AT THE SAME TIME AS THE BUDGETS FOR ALL OTHER
CITY FUNCTIONS.
YES
NO
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Introduced, considered favorably on first reading, and ordere ublished this 21st day of
January, A.D. 1997, and to be presented for final passage on the Atfi day of February,,,A.D. I997.
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ATTEST: /
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City Clerk
Passed and adopted on final reading this 4th day of 1 ,ry,A.D. 1997. ,/ `)
Feb�
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AT EST: /
City Clerk
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