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HomeMy WebLinkAbout043 - 05/03/2022 - MAKING SUPPLEMENTAL APPROPRIATIONS AND AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE COLORADO UTILORDINANCE NO. 043, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS AND AUTHORIZING TRANSFER OF APPROPRIATIONS FROM THE COLORADO UTILITY DATA ACCELERATOR GRANT FOR THE FORT COLLINS UTILITIES MYDATA CUSTOMER PORTAL WHEREAS, on December 4, 2018, City Council adopted Ordinance No. 144, 2018, creating the Fort Collins Building Energy and Water Scoring (BES) program under City Code Chapter 12, Art. XI to increase transparency and access to building performance information, and enhance coordination among community efficiency programs and partner organizations; and WHEREAS, community building energy and water scoring is an integral strategy to meet the City's Climate Action Plan Framework, Energy Policy, Water Efficiency Plan (adopted by Resolution 2016-023), and renewable power goals; and WHEREAS, on September 7, 2021, Colorado House Bill 21-1286, the "Energy Performance for Building statute", became effective (codified at Colorado Revised Statutes ("C.R.S.") Section 25-7-142), requiring owners of commercial, multifamily, and public buildings with gross floor areas of 50,000 square feet or more to report annual energy use to the Colorado Energy Office (CEO), which requirements operate in parallel with the BES program; and WHEREAS, the City collects utility customer building data electronically through the EPA ENERGY STAR Portfolio Manager tool and manages the data on the MyData Customer Portal pursuant to City Code Section 12-203, which records can also be used to satisfy the reporting mandated by the Energy Performance for Building statute; and WHEREAS, the CEO is providing grants to qualifying Colorado utilities to fund timely implementation of solutions that meet the Energy Performance for Building statute building performance data collection and reporting requirements; and WHEREAS, the CEO recently awarded the City a "Colorado Utility Data Accelerator Grant" in the amount of $100,000.00, which monies will reimburse the Light & Power Fund for expenses incurred to collect and transmit data from the MyData Customer Portal to the CEO; and WHEREAS, Article V, Section 9 of the City Charter permits City Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the Interim City Manager has recommended the appropriation described herein and has determined this appropriation is available and previously unappropriated from the Light & Power Fund and will not cause the total amount appropriated in the Fund to exceed the current estimate of actual and anticipated revenues to be received in that Fund during this fiscal year; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal, state or private grant or donation, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the earlier of the expiration of the federal, state or private grant or donation or the City's expenditure of all funds received from such grant or donation; and WHEREAS, the City Council wishes to designate the appropriation herein of the Colorado Data Accelerator Grant as an appropriation that shall not lapse until the earlier of the expiration of the grant or the City's expenditure of all funds received from such grant; and WHEREAS, the funds proposed for appropriation in this Ordinance do not involve capital construction or otherwise trigger requirements to fund the Art in Public Places Program; and WHEREAS, the proposed appropriation and expenditure of these grant funds to further compliance with the Energy Performance for Building statute will benefit the public health, safety and welfare of the residents of Fort Collins, and serve ratepayers by sharing aggregate utility data with building owners and improving regional building efficiency benchmarking. 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 there is hereby appropriated from new revenue or other funds in the Light & Power Fund the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) to be expended in the Light & Power Fund to expand reporting of building benchmarking metrics from the Fort Collins Utilities MyData Customer Portal in accordance with C.R.S. Section 25-7-142. Section 3. That the appropriation herein is designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the grant or the City's expenditure of all funds received from such grant. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2022, and to be resented for final passage on the 3rd day of May, A.D. 2022. 0�1 SC "�• Mayo Te ATTEST: COLON City erk Passed and adopted on fin reading on the 3rd day of May, A.D. 2022. o: J.; Mayor Pro YtIn ATTEST.--- - - — — - - •' ° COLD City Clerk -3-