HomeMy WebLinkAbout088 - 07/17/2018 - AMENDING SECTION 2-31 OF THE CITY CODE CONCERNING EXECUTIVE SESSIONS PERTAINING TO TELECOMMUNICATION ORDINANCE NO. 088, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-31 OF THE CODE OF THE CITY OF FORT
COLLINS CONCERNING EXECUTIVE SESSIONS PERTAINING TO
TELECOMMUNICATION FACILITIES AND SERVICES
WHEREAS, on July 20, 1993, the City Council adopted Ordinance No. 060, 1993
establishing the City's Electric Utility as an enterprise of the City under Section 20 of Article X of
the Colorado Constitution (the "Electric Utility Enterprise"); and
WHEREAS, at a special election on November 3, 2015, City voters authorized the City to
provide high-speed internet services, including, without limitation, high-bandwidth broadband
services, telecommunications services, and/or cable television services within the City's growth
management area; and
WHEREAS, at a special election on ,November 7, 2017, City voters approved an
amendment to the City Charter, which has added a new Section 7 to Charter Article XII ("Section
7"); and
WHEREAS,paragraph(a) of Section 7 grants to the City Council the power, by ordinance
and without a vote of the electors,to authorize the Electric Utility Enterprise to acquire, construct,
provide, fund and contract for "telecommunications facilities and services," including, without.
limitation,, "broadband Internet facilities and services," as both these terms are defined in
paragraph (f) of Section 7 ("Telecommunication Facilities and Services"); and
WHEREAS, on January 16, 2018, the City Council adopted Ordinance No. 011, 2018
amending the City Code by adding a new Section 26-398 to Code Chapter 26 to implement this
authority granted in Section 7 by authorizing the Electric Utility Enterprise to acquire, construct,
provide, fund and contract for Telecommunication Facilities and Services and by authorizing the
Electric Utility Enterprise to exercise the power to issue revenue bonds to fund the provision of
Telecommunication Facilities and Services as provided in paragraph (b) of Section 7; and
WHEREAS, Ordinance No. 011, 2018 also amended Code Sections 2-504 and 26-21 to
delegate to the City Manager the direct responsibility to administer and supervise the Electric
Utility Enterprise's provision of Telecommunication Facilities and Services and to make other
changes to the administration of Utility Services in light of this new assignment of direct
responsibility to the City Manager; and
WHEREAS, on January 16,2018,the City Council also adopted Ordinance No. 010,2018,
to appropriate $1.8 million from the City's General Fund as a loan to the City's Light and Power
Fund to be used by the Electricity Utility for its start-up costs related to providing
Telecommunication Facilities and Services; and
WHEREAS, Ordinance No. 011,2018 also amended Code Section 8-77 to provide that the
City's revenues, debt issuance proceeds and expenditures related to Telecommunication Facilities
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and Services shall be deposited, expended and administered through the City's Light and Power
Fund; and
WHEREAS, the. City Council now desires to amend City Code Section 2-31 regarding
executive sessions to implement the authority of the Council, and any board or commission
established under Section 7(e),to go into executive session to consider matters pertaining to issues
of competition in providing Telecommunications Facilities and Services; and
WHEREAS,the City Council hereby finds that this Ordinance is necessary for the public's
health, safety and welfare and is in the best interests of the City and its residents, businesses, and
public and private organizations and of the Electric Utility's ratepayers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That City Code Section 2-31(a) of the Code of the City of Fort Collins is
hereby amended by the addition of a new subsection(5) which reads in its entirety as follows:
(5) Consideration, by the Council or any board or commission established under
Article XII, Section 7(e) of the City Charter, of matters pertaining to issues of competition
in providing the telecommunication facilities and services authorized in Article XII,
Section 7 of the City Charter and City Code Section'26-398 including, without limitation,
matters subject to negotiation, strategic planning, pricing, sales and marketing,
development phasing and any other matter allowed under Colorado law.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
July, A.D. 2018, and to be presented for final passage on the 17th day of July, A.D. 2018.
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Passed and adopted on final reading on the 17th day of July, A.D. 2018.
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