HomeMy WebLinkAbout012 - 02/17/2015 - AMENDING CITY CODE TO MODIFY ON-BILL UTILITY FINANCING TERMS AND ALLOW FOR ON-BILL UTILITY FINANCING ORDINANCE NO. 012, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS
TO MODIFY ON-BILL UTILITY FINANCING TERMS AND ALLOW
FOR ON-BILL UTILITY FINANCING OF BUSINESS CUSTOMERS
WHEREAS, since January 2013, Fort Collins Utilities has offered a pilot on-bill
financing program to assist residential customers with financing for energy efficiency
upgrades, and water supply line repairs and replacements (the "On-Bill Utility Financing
Program"); and
WHEREAS, the primary purpose of the On-Bill Utility Financing Program (or "Home
Efficiency Loan Program") is to provide utility customers with low-cost financing for energy
efficiency, solar photovoltaic, and water conservation improvements to support the outcomes
adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy
Policy and Water Conservation Plan; and
WHEREAS, the Program can also benefit Utilities business customers; and
WHEREAS, the Financial Officer has established rules and regulations for the
administration of the Program with respect to the billing and collection of utility fees and
charges, credit and lending standards, and rates and administrative practices per Section 26-720;
of the City Code; and
WHEREAS, City Council previously approved the use of Fort Collins Utilities reserve
funds to provide a maximum outstanding balance of$800,000 for the On-Bill Utility Financing
Program in prior budgets, budget exceptions and balance sheet reserve actions; and
WHEREAS, a key purpose of the pilot On-Bill Utility Financing Program has been to
further support the policy goals of Plan Fort Collins, the Climate Action Plan, Energy Policy
and Water Conservation Plan; and
WHEREAS, the Program has been a valuable addition to Utilities' efficiency and
renewable energy programs, which foster sustainability through energy and water use
reductions, local contractors and investment in the built environment and improved home
comfort, health and safety; and
WHEREAS, the City Council has determined it is desirable to maintain an appropriate
and predictable range of interest rates for loans in the pilot On-Bill Utility Financing Program,
while providing some flexibility for administration of specific loans based on administrative
procedures and standards adopted by the Financial Officer, pursuant to existing authority
under Section 26-720 of the City Code; and
WHEREAS, on January 8, 2015, the Energy Board reviewed and voted to recommend
adoption of the proposed On-Bill Utility Financing program updates to the City Code; and
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WHEREAS, in accordance with the foregoing, the Council is adopting revisions to
Chapter 26 of the City Code, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That, for the reasons stated above, the City Council hereby finds and
determines that the On-Bill Utility Financing Program as described herein will be for the
betterment of the affected Utilities, and will be beneficial to the rate payers of those Utilities.
Section 2., That Section 26-129 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-129. Schedule D, miscellaneous fees and charges.
(f) The interest rate for water service-related loans shall be no less than two and five-
tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate
for new loans to be set annually, based on the City's cost of capital minus 100 to 200
basis points, in the administrative rules and regulations of the Financial Officer pursuant
to § 26-720.
(g) Loan-related fees for water service-related loans shall be set annually, based on
related program costs, in the administrative rules and regulations of the Financial Officer
pursuant to § 26-720.
Section 3. That Section 26-130 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-130. Agreements for special water services.
(b) Special services in the form of loans for water service-related improvements,
conservation measures or efficiency enhancements shall be documented on forms
determined by the Utilities Executive Director and the Financial Officer. Any such loans
shall be made consistent with the applicable program requirements, credit and risk
standards, fees and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. Obligations for repayment of any such loans are subject to the provisions of Article
XII of this Chapter.
Section 4. That Section 26-289 of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 26-289. Miscellaneous fees and charges.
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The following is a schedule of miscellaneous fees and charges:
Description Amount
(1) Connection fees and Fees shall be set forth as in Subsection 26-712(b)
service charges
(2) Industrial discharge
permits:
a. Administration $76.00 annually
b. Surveillance Determined for each user annually, based on
direct cost plus 15% indirect costs, billed monthly
(3) Laboratory support Determined on a case-by-case basis based on
services direct cost plus 15% indirect costs
(4) Materials and labor Determined on a case-by-case basis based on
provided by City direct cost plus l5% indirect costs
(5) Charges for disposal at the Fort Collins Regional Sanitary Waste Transfer
Station:
a. Septic tanks,
vaults, privies, portable
toilets:
Generated within $0.071 per gallon
Latimer County
Generated outside $0.108 per gallon
Larimer County
b. Recreational
vehicle sanitary waste
holding tanks:
Residential No charge for individual disposal at Transfer
customers of the City of Station
Fort Collins Wastewater
Utility
Others $2.35 base fee plus $0.071 per gallon
(6) Interest rate for 2.5% - 10% per annum; To be set for new loans
wastewater service- annually based on the City's cost of capital minus
related loans: 100 to 200 basis points in the administrative rules
and regulations of the Financial Officer pursuant
to § 26-720
(7) Loan-related fees for To be set based on related program costs in the
wastewater service- administrative rules and regulations of the
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related loans- Financial Officer pursuant to § 26-720
(8) Miscellaneous fees Determined on a case-by-case basis based on
direct costs plus 15% indirect costs
Section 5. That Section 26-290 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-290. Agreements for special wastewater services.
(b) Special services in the form of loans for wastewater service-related
improvements, conservation measures or efficiency enhancements shall be documented
on forms determined by the Utilities Executive Director and the Financial Officer. Any
such loans shall be made consistent with the applicable program requirements, credit and
risk standards, fees and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. Obligations for repayment of any such loans are subject to the provisions of Article
XII of this Chapter.
Section 6. That Section 26-464 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-464. Residential energy service, schedule R.
(q) Loans. Services in the form of loans for electric service-related improvements,
conservation measures or efficiency enhancements shall be documented on forms
determined by the Utilities Executive Director and the Financial Officer. Any such loans
shall be made consistent with the applicable program requirements, credit and risk
standards and interest rate provisions as set forth in this Article and in the administrative
rules and regulations adopted by the Financial Officer pursuant to § 26-720. The interest
rate for such loans shall be no less than two and five-tenths (2.5) percent and no more
than ten (10.0) percent per annum, with the interest rate for new loans to be set annually,
based on the City's cost of capital minus 100 to 200 basis points, in the administrative
rules and regulations of the Financial Officer. Obligations for repayment of any such
loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for
electric service-related loans shall be set annually based on related program costs, in the
administrative rules and regulations of the Financial Officer pursuant to § 26-720.
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Section 7. That Section 26-465 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-465. Residential demand service, schedule RD.
(s) Loans. Special services in the form of loans for electric service-related
improvements, conservation measures or efficiency enhancements shall be documented
on forms determined by the Utilities Executive Director and the Financial Officer. Any
such loans shall be made consistent with the applicable program requirements, credit and
risk standards and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent
and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be
set annually based on the City's cost of capital minus 100 to 200 basis points, in the
administrative rules and regulations of the Financial Officer. Obligations for repayment
of any such loans are subject to the provisions of Article XII of this Chapter. , Loan-
related fees for electric service-related loans shall be set annually based on related
program costs, in the administrative rules and regulations of the Financial Officer
pursuant to § 26-720.
Section 8. That Section 26-466 of the Code of the City of Fort Collins is hereby
amended by the addition of new subparagraph (s) to read in its entirety as follows:
Sec. 26-466. General service, schedule GS.
(s) Loans. Special services in the form of loans for electric service-related
improvements, conservation measures or efficiency enhancements shall be documented
on forms determined by the Utilities Executive Director and the Financial Officer. Any
such loans shall be made consistent with the applicable program requirements, credit and
risk standards and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. The interest rate for such loans shall be no less than two and five-tenths (2.5)
percent and no more than ten (10.0) percent, per annum, with the interest rate for new
loans to be set annually based on the City's cost of capital minus 100 to 200 basis points,
in the administrative rules and regulations of the Financial Officer. Obligations for
repayment of any such loans are subject to the provisions of Article XII of this Chapter.
Loan-related fees for electric service-related loans shall be set annually based on related
program costs, in the administrative rules and regulations of the Financial Officer
pursuant to § 26-720.
Section 9. That Section 26-467 of the Code of the City of Fort Collins is hereby
amended by the addition of anew subparagraph (s) to read in its entirety as follows:
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Sec. 26-467. General service 25, schedule GS25.
(s) Loans. Special services in the form of loans for electric service-related
improvements, conservation measures or efficiency enhancements shall be documented
on forms determined by the Utilities Executive Director and the Financial Officer. Any
such loans shall be made consistent with the applicable program requirements, credit and
risk standards and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent
and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be
set annually, based on the City's cost of capital minus 100 to 200 basis points, in the
administrative rules and regulations of the Financial Officer. Obligations for repayment
of any such loans are subject to the provisions of Article XII of this Chapter. Loan-
related fees for electric service-related loans shall be set annually based on related
program costs, in the administrative rules and regulations of the Financial Officer
pursuant to § 26-720.
Section 10. That Section 26-712 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-712. Utility bill and account charges authorized; procedures.
(b) The following account and miscellaneous fees and charges shall apply to all City
utility customers receiving service pursuant to the terms of Chapter 26, whether within or
outside of the corporate limits of the City, except as otherwise expressly stated:
Fees and Charges Amount
Service connection fee for account with $ 19.65
one or more metered services (including
nonmetered services for the same account)
Customer-initiated rate change (after 90 19.65
days of new service)
Service connection fee for account with 10.00
only nonmetered services (stormwater,
wastewater, wind, flat commercial
electric, sprinkler clocks, cable towers and
floodlights)
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Service fee to reinstate an account to the $ 10.00
owner/property manager between tenants
Manual meter reading charge, per month, 11.00
charged to service addresses where per month
metering equipment without remote
communications capability is used,
requiring an on-site visit to collect use
data for water and/or electric service
Turn-off notice fee. 10.00
Reconnect fee per service for water or 20.00
electric following disconnection for
delinquency
Trip charge for special services requested 19.65
by customer during normal service hours
After-hours reconnect or after-hours trip 85.35
charge for special service requested by
customer —
Water (after 5:00 p.m. weekdays or
weekend/holiday)
After-hours reconnect or after-hours trip 85.35
charge for special service requested by
customer —
Electric (after 5:00 p.m. weekdays or
weekend/ holiday)
Return item fee (check, electronic fund 25.00
transfer, credit card, etc.)
Owner-requested repair disconnect fee, 20.00
per trip
Research/document fee per hour 20.00
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Interest rate for utility service-related 2.5% - 10% per annum; To
loans: be set for new loans based
on the City's cost of capital
minus 100 to 200 basis
points in the administrative
rules and regulations of the
Financial Officer pursuant
to § 26-720
Loan-related fees for wastewater service- To be set based on related
related loans= program costs in the
administrative rules and
regulations of the Financial
Officer pursuant. to § 26-
720
Section 11. That Section 26-720 of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 26-720. Administrative rules and regulations.
The Financial Officer shall formulate and promulgate rules and regulations for the
administration of this Article, not inconsistent with the provisions of this Article with respect to
the billing and collection of utility fees and charges, credit and lending standards and rates and
administrative practices for utility loan programs, which shall include, but not be limited to,
efficiency-related conditions on loans for renewable energy development; extension of. utility
loans of up to twenty (20) years in total tenns length, at the option of the borrower, not to exceed
the useful life of the funded improvements; and other matters relating to the administration of
customer accounts. Said rules and regulations may regulate without limitation, the forms and
procedures for giving notice to customers; policies for adjusting billed amounts as necessary to
correct errors or for administrative efficiency or to achieve equity; procedures for appeals; and
procedures for the documentation of liens. Any rules or regulations promulgated by the Financial
Officer hereunder shall be effective upon the Financial Officer's filing of the same with the City
Clerk.
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Introduced, considered favorably on first reading, and ordered published this 20th day of
January, A.D. 2015, and to be presented for final passage on the 17th day of February, A.D.
2015.
4 Orr FC)'P
:• l� �� t Z Ma/or
ATTEST:
W(N V IGiJC •..•• .••.
.ADO
City Clerk
Passed and adopted on final reading on the 17th day of February, A.D. 2015.
Mayor
ATTEST: FORT CO
LP
City Clerk
• O
••COIOVL
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