HomeMy WebLinkAbout098 - 08/19/2008 - AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO THE PROVISION OF ELECTRIC SERVICE (WITHDRAWN ON FIR ORDINANCE NO. 098, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE PROVISION OF ELECTRIC SERVICE
WHEREAS,new forms of energy generation and distribution are constantly pearing in the
open market; and
WHEREAS, the basic provisions in City Code regarding providi electric service and
regarding obtaining electric service have not been updated since 1972, an do not clearly state the
City's intent with respect to new energy options; and
WHEREAS,the City Council has determined that certain de itions contained in City Code
Section 26-391 and the terms of Sections 26-441 through 26-4 should be amended to provide
more clarity regarding permissible means for providing and o aining electric service within City
limits in light of the changing technology and related energy ptions.
NOW, THEREFORE, BE IT ORDAINED BY E COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the definition of"Par lel generation"contained in Section 26-391 of
the Code of the City of Fort Collins is hereby ended to read as follows:
Parallel generation shall me the operation of qualifying facilities when
interconnected with the utility tem in accordance with the provisions of these
rttlesthis Chapter and the elec Sc utility rules and regulations and interconnection
standards.
Section 2. That the finition "Small power production" contained in Section 26-391
of the Code of the City of Fo Collins is hereby deleted in its entirety:
,
Ay
��im mid watet, to produce electric povver Such facilities nitist be
(80) ineganatts' capacity mid must be onned by et petson nut
t
hat Section 26-441 of the Code of the City of Fort Collins is hereby amended
to rea F.anchiserequinProviding service.
WITHDRAWN FROM CONSIDERATION
of the etimter mid shaR specify die area of the eity in nhich sucii
iernfitted.
(a) No person or entity other than the Utility may furnish electric servi to any
property in the City except as follows:
(1) the owner of property receiving electric service may ish or offer to
furnish electric service to such property; provided, ho ever, that if such
service is provided through wires installed or main i d in, on,under or
over a public place,the Council must first determi by resolution that the
provision of such service will not materially ter theviability of the
electric utility,'systerr and will benefit the of" ens of Fort Collins as well
as the property owner{;
(2) if the City Council determines that th tility cannot sufficiently and cost
effectively provide electric servic ` equested by a customer and the City
Council may authorize the provi ' n of such service by a non-City provider
pursuant to the franchise req ' ements of the City Charter; and
(3) electric service may be p vided pursuant to § 26-444 below.
(b) Any provision of allel generation service must be made through a
qualifying facility as defin in this Article and the initiation and operation of any
qualifying facility is su ' ct to the requirements:and conditions described in the
electric utility rules regulations, interconnection standards and this Chapter.
Section 4. T Section 26-442 ofthe Code ofthe City of Fort Collins is hereby amended
to read as follows:
Sec. 26-44 . Obtaining service.
It shall be unlawful for any person to
obtai electrical service unless it
is ovided in accordance with',§ 26-441 to provide streh eleettkai set vice.
-2-
Section 5. That Section 26-443 of the Code ofthe City of Fort Collins is hereby amended
to read as follows:
Sec. 26-443. City electric utility not affected.
The provisions of this Division shall not apply to the clectricaielectric utility
that utility shall be authorized to furnish electric service to any property Mthi he
City.
Section 6. That Section 26-444 of the Code of the City of Fort Collin is hereby amended
to read as follows:
Sec. 26-444. Annexations.
Properties within any annexation to the City in continue to receive
cicctricat lectrie service from any utility previously furni ing such service without
complying with the provisions of this Division until the ceipt of written notice from
the City of the City's readiness to provide such servic As of the date upon which the
City has declared itself to be responsible f providing such service, all
clectricalelectric service within any annexed az shall be provided in accordance
with the provisions of this Division.If the City is unable to provide electrical electric
service to annexed property prior to the expir ion of the second year after annexation
of that property,then the utility previousl urnishing service may continue to do so
if said continued service is authorized y the City Council through the grant of a
revocable permit for that purpose. y such revocable permit shall authorize the
continued provision of electric serv' e by the non-City utility to the annexed property
until such time as the City either termines that the City is ready to provide electric
service, or notifies said non- utility that a franchise shall be required for the
continuation of such service.
Introduced, considered f orably on first reading, and ordered published this 19th day of
August, A.D. 2008, and to be esented for final passage on the 2nd day of September, A.D. 2008.
Mayor
ATTEST:
City Clerk
-3-
Passed and adopted on final reading on the 2nd day of September, A.D. 2008.
Mayor
ATTEST:
City Clerk
-4-