HomeMy WebLinkAbout133 - 10/07/2003 - AMENDING THE CITY CODE RELATED TO ELECTRIC TRANSMISSION FACILITIES AND ELECTRIC SERVICE ORDINANCE NO. 133, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CITY CODE
RELATED TO ELECTRIC TRANSMISSION
FACILITIES AND ELECTRIC SERVICE
WHEREAS, Section 26-411 and Section 26-412 of the City Code currently require that a
franchise be acquired for any non-City owned electric facilities in any City street, alley, sidewalk
or other public place in the city, or to maintain or install any pole or mast for electric lines; and
WHEREAS, in certain instances the City annexes property with non-City owned electric
facilities already in place in a street, alley, sidewalk or other publicly-owned location; and
WHEREAS, on some occasions non-City owned electric facilities must be relocated from
an existing easement or other permissible location into a City street, alley, sidewalk or other public
right-of-way or utility location, in connection with a City capital construction project or other City
project or purpose; and
WHEREAS, the changes to Section 26-411 and Section 26-412 as set forth herein would
allow those existing electric facilities to remain in place,to be shifted to a City street,alley,sidewalk
or other public right-of-way or utility location on the same terms and conditions under which other
public utilities locate in the same; and
WHEREAS, this Ordinance in addition ratifies the prior authorization of the relocation of
such facilities in City public right-of-way; and
WHEREAS, Section 26-444 of the City Code currently requires that any annexed property
be served by the City's electric utility within 90 days of annexation, unless a franchise is obtained
by the non-City electric utility prior to the expiration of the 90-day period; and
WHEREAS,in certain instances the City annexes property that is served by non-City electric
utility that will require substantial infrastructure investment for the City to take over provision of
electric service; and
WHEREAS, in such instances the requirement set out in City Code Section 26-444 that a
franchise be obtained in order to allow such service from the non-City electric provider to continue
longer than 90 days after annexation is problematic as the City is not able to provide the service; and
WHEREAS, the changes to Section 26-444 as set forth herein would allow for continued
service to the annexed property,without the grant of a franchise,while preserving the City's ability
to take over servicing of that property when feasible.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 26-411 of the Code of the City of Fort Collins be amended to
read as follows:
Sec. 26-411. Compliance.
It shall be unlawful to maintain or install any wires, cables or other
equipment for the transmission of electric current impulses in,on,under or over any
street, alley, sidewalk, public utility easement or other public right-of-way, or to
maintain or install any pole or mast to support or hold such wires or equipment in
any such place, without having fully complied with the provisions of this Division.
Section 2. That Section 26-412 of the Code of the City of Fort Collins be amended to
read as follows:
Sec. 26-412. Franchise or other authorization required.
No such wire,cable,pole or other equipment shall be installed or maintained
over, on or under any such place unless a franchise has been granted for such
installation or maintenance, except that:
(1) transmission facilities that are in place in a public right-of-way at the
time the underlying property is annexed into the city may remain in place
without a franchise;
(2) transmission facilities that are in place over, on or under property
other than a public right-of-way at the time the underlying property is
annexed into the city may, subsequent to annexation, be relocated into a city
street, alley, sidewalk, public utility easement, or other public right-of-way
and maintained therein without a franchise, subject to all of the same
requirements that are applicable to the placement and maintenance of other
public utilities in said locations; and
Section 3. That transmission facilities that have been relocated and maintained over, on
or under a city street, alley, sidewalk, public utility easement or other public right-of-way pursuant
to a revocable permit granted by the City prior to the effective date of this ordinance are hereby
deemed to have been properly authorized in accordance with City Code section 26-412, above.
Section 4. That Section 26-444 of the Code of the City of Fort Collins be amended to
read as follows:
Sec. 26-444. Annexations.
Properties within any annexation to the city may continue to receive electrical
service from any utility previously furnishing such service without complying with
the provisions of this Division .until the receipt of written notice from the city of the
city's readiness to provide such service. As of the date upon which the city has
declared itself to be responsible for providing such service, all electrical service
within any annexed area shall be provided in accordance with the provisions of this
Division. If the city is unable to provide electrical service to annexed property prior
to the expiration of the second year after annexation of that property,then the utility
previously furnishing service may continue to do so if said continued service is
authorized by the City Council through the grant of a revocable permit for that
purpose. Any such revocable permit shall authorize the continued provision of
electric service by the non-city utility to the annexed property until such time as the
city either determines that the city is ready to provide electric service,or notifies said
non-city utility that a franchise shall be required for the continuation of such service.
Introduced and considered favorably on first reading and ordered published this 16th day of
September, A.D. 2003, and to be presented for final passage on the 7th day of October, A.D. 2003.
Mayor
ATTEST:
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City Clerk
Passed and adopted on final reading this 7th day of October, A.D. 2003.
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ATTEST:
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City Clerk