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HomeMy WebLinkAbout008 - 02/20/1996 - AMENDING CITY CODE RELATING TO ELIMINATION OF THE OFFICE OF UTILITY SERVICES AND CREATING THE OFFICE ORDINANCE NO. 8, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS SECTIONS OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE ELIMINATION OF THE OFFICE OF UTILITY SERVICES AND THE CREATION OF THE OFFICE OF ELECTRIC UTILITY SERVICES AND THE OFFICE OF WATER, WASTEWATER AND STORMWATER UTILITY SERVICES WHEREAS, on May 2, 1995, City Council adopted Resolution 95-62 recognizing the changing environment in the electric utility industry caused by deregulation and reaffirming the benefits that the community receives through the City's ownership of its electric utility; and WHEREAS,Resolution 95-62 encouraged the City Manager,the Director of Utility Services, and City staff to seek out and implement processes, procedures and business practices necessary to insure a competitive,flexible and entrepreneurial position for the City's electric utility as the electric utility industry is deregulated and, if necessary to accomplish this, submit any proposed Charter or Code changes deemed appropriate for Council's consideration; and WHEREAS, the City Manager has recommended that the City's Office of Utility Services be eliminated and in its place two new service areas be created, those being the Office of Electric Utility Services and the Office of Water, Wastewater and Stormwater Utility Services; and WHEREAS, in doing so the current Director of Utility Services, Rich Shannon, would assume the role of General Manager of the Electric Utility so that he could dedicate and focus all his efforts on managing the Electric Utility as it experiences the changes that the electric utility industry is currently undergoing; and WHEREAS,as a consequence,the City's current Director of Water and Wastewater Utilities, Michael Smith, would become the General Manager of the Office of Water, Wastewater and Stormwater Utility Services; and WHEREAS, to accomplish this reorganization, it is necessary to make the numerous Code changes that are set forth in this Ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the title of Division 8 of Chapter 2 of the Code be amended and that Sec. 2-551 of the Code be amended to read as follows: DIVISION 8. OFFICE OF ELECTRIC UTILITY SERVICES Sec. 2-551. General Manager; duties. The Office of Electric Utility Services shall be, and it is hereby created. The Office of Electric Utility Services shall be in the charge of a General Manager who is directly and solely responsible to the City Manager and who shall be responsible for the functions and duties of the Office of Electric Utility Services as well as the functions and duties to provide maintenance, construction and work equipment services and shall have control and supervision over such other departments, divisions, offices or persons assigned by the City Manager. Section 2. That Division 9 be added to Chapter 2 of the Code and that Sec. 2-555 of the Code be added to read as follows: DIVISION 9. OFFICE OF WATER, WASTEWATER AND STORMWATER UTILITY SERVICES Sec. 2-555. General Manager; duties. The Office of Water, Wastewater and Stormwater Utility Services shall be, and it is hereby created. The Office of Water,Wastewater and Stormwater Utility Services shall be in the charge of a General Manager who is directly and solely responsible to the City Manager and who shall be responsible for the functions and duties of the Office of Water,Wastewater and Stormwater Utility Services as well as the functions and duties to provide maintenance, construction and work equipment services and shall have control and supervision over such other departments, divisions, offices or persons assigned by the City Manager. Section 3. That Sec. 10-16 of the Code shall be amended to read as follows: See. 10-16. Definitions. Director shall mean the duly appointed General Manager of the Office of Water, Wastewater and Stormwater Utility Services of the city or the designated representative of the General Manager. Section 4. That whenever the term"Director of Utility Services"is used in Section 20-45 and Section 20-102 of the Code, that it be amended to read"Director of the Office of Transportation Services." 2 Section 5. That whenever the term"Director of Utility Services"is used in Section 22-33 and Section 22-111(b) of the Code, that it be amended to read",if applicable,the General Managers of the Offices of Electric Utility Services and Water,Wastewater and Stormwater Utility Services." Section 6. That whenever the term"Director of Utility Services"is used in Section 24-22 of the Code, that it be amended to read "Director of the Office of Transportation Services." Section 7. That Section 26-1 of the Code be amended to read as follows: Sec. 26-1. Definitions. General Manager of the Electric Utility shall mean the General Manager of the Office of Electric Utility Services or the designated representative of such General Manager. General Manager of the Water, Wastewater and Stonnwater Utility shall mean the General Manager of the Office of Water, Wastewater and Stormwater Utility Services or the designated representative of such General Manager. Electric utility shall mean the Office of Electric Utility Services which is in charge of the distribution and sale of electricity in the city. Water, wastewater and stormwater utility shall mean the Office of Water, Wastewater and Stormwater Utility Services which is in charge of the water, wastewater and stormwater utilities of the city. Section 8. That Sec. 26-21 of the Code be repealed and reenacted to read as follows: Sec. 26-21. Organization. (a) The electric utility shall be under the immediate administrative supervision and control of the Office of Electric Utility Services which shall operate the properties of the utility in an efficient and economical manner. (b) The water, wastewater and stormwater utility shall be under the immediate administrative supervision and control of the Office of Water, Wastewater and Stormwater Utility Services which shall operate the properties of the various utilities in an efficient and economical manner. Section 9. That Sec. 26-22 of the Code be amended to read as follows: Sec. 26-22. Powers and duties of utility General Managers. 3 (a) The electric utility shall be headed by the General Manager of the Electric Utility who shall be responsible under the City Manager for the immediate supervision of the electric utility and the design, construction, reconstruction, addition, repair, replacement, operation and maintenance of the electrical system. (b) The water, wastewater and stormwater utility shall be headed by the General Manager of the Water, Wastewater and Stormwater Utility who shall be responsible under the City Manager for the immediate supervision of the water, wastewater and stormwater utilities and the design, construction, reconstruction, addition, repair, replacement, operation and maintenance of the water, wastewater and stormwater systems. Section 10. That Section 26-24 of the Code be repealed. Section 11. That Section 26-25 of the Code be renumbered to Section 26-24 and amended to read as follows: Sec. 26-24. Records. All contracts, records and evidences of title relating to any of the utilities' property acquired by the city shall be assembled and carefully preserved. The General Manager of the Electric Utility, the General Manager of the Water, Wastewater and Stormwater Utility, and the Financial Officer shall keep and preserve such other records and prepare such reports concerning the utilities as the City Manager directs. The City Manager shall keep the City Council advised of the operation, financial conditions and future needs of the utilities. Section 12. That Section 26-41 of the Code be amended to read as follows: Director shall mean the General Manager of the Water, Wastewater and Stormwater Utility or the designated representative of such General Manager. Section 13. That Section 26-52 of the Code be amended to read as follows: Sec. 26-52. Rules and regulations. The Director may promulgate such rules, regulations, policies and procedures consistent with the provisions of this Article as the Director may deem necessary for the proper administration of the water utility and the requirements of this Article, including the establishment of standard specifications for construction of service lines and other technical specifications. Such rules and regulations are effective upon the approval by the City Council by ordinance . A user's failure to abide by all 4 effective rules, regulations, policies and procedures promulgated by the Director is the same as a violation of this Article. Section 14. That Section 26-206 be amended as follows: Director shall mean the General Manager of the Water,Wastewater and Stormwater Utility or the designated representative of suchGeneral Manager. Section 15. That wherever the term"Director of Utility Services" is used in Sections 26- 214, 26-497, 26-512, 26-514, 26-520, 26-521, 26-543, 26-544 and 26-545 of the Code, that it be amended to read"Director." Section 16. That Section 26-366 of the Code be amended to read as follows: Director shall mean the General Manager of the Water,Wastewater and Stormwater Utility or the designated representative of such General Manager. Utility shall mean the water and wastewater utilities of the city. Section 17. That Section 26-391 of the Code be amended to read as follows: Director or Director of the electric utility shall mean the General Manager of the Electric Utility or the designated representative of such General Manager. Section 18. That Section 26-463(a) of the Code be amended to read as follows: Sec. 26-463. Electric rates; general service rules and regulations. (a) The rules and regulations applicable to electric service and persons receiving electric service from the city shall be such rules and regulations as are adopted by the Director and approved by ordinance of the City Council. Section 19. That Section 26-491 of the Code be amended to read as follows: Director shall mean the duly appointed General Manager of the Water, Wastewater and Stormwater Utility or the designated representative of such General Manager. 5 Section 20. That Section 26-651(a) of the Code be amended to read as follows: Sec. 26-651. Conditions for furnishing service. (a) Any person outside of the city limits desiring to make a connection to one (1) or both of the city's water and wastewater utilities shall apply to the city for permission, and connection permits may be issued after review and recommendation of the Planning and Zoning Board and the Water Board and the approval of the General Manager of the Water, Wastewater and Stormwater Utility. The General Manager may, in his or her discretion, elect to approve, without the review and recommendation of the Planning and Zoning Board and Water Board,the application of persons desiring to make a single connection to one (1) or both of the city's water and wastewater utilities, provided that such connections do not exceed a tap size of one (1) inch (if a water tap) and/or four (4) inches (if a wastewater tap). If the General Manager determines that the application should not be approved without the review and recommendation of the aforementioned boards, the General Manager shall forthwith seek such review and recommendation prior to making his or her decision. Section 21. That Section 29-524(a) of the Code be amended to read as follows: Sec. 29-524. Irrigation requirements. (a) If the planting areas in the landscaping required by this Chapter are extensive, the installation of an underground irrigation system shall be required, and a final irrigation plan shall be submitted to and approved by the General Manager of the Office of Water, Wastewater and Stormwater Utility Services prior to the issuance of the first building permit, or if no building permit is required, prior to the commencement of construction. The final irrigation plan shall be submitted in accordance with § 29- 526(G)(4)(d). If the water requirements of the plant material are low enough to be met with natural precipitation, and if a means of temporary irrigation is available to establish the plant material,the General Manager may waive the requirement for an underground irrigation system. Section 22. That Section 29-679(b) of the Code be amended to read as follows: Sec. 29-679. Required improvements prior to issuance of certificate of occupancy. (b) Where applicable, the person requesting a certificate of occupancy shall be required to conform to the provision of §§ 10-36 and 10-37 by submitting a post construction floodproofing elevation certificate to the General Manager of the Office 6 of Water, Wastewater and Stormwater Utility Services for the city's permanent records. Introduced,considered favorably on first reading, and ordered published in summary form this 6th day of February, A.D. 1996, and to be presented for final-passaaje on the 20th day of February, A.D. 1996. / s ayor / ATTEST: City Clerk Passed and adopted on final reading this 20th day of February"ADD. 1996. `_"Mayor ATTEST: City Clerk 7