HomeMy WebLinkAbout073 - 06/04/2013 - AMENDING THE CITY CODE TO GRANT REVOCABLE PERMITS TO NON-CITY UTILITIES IN ANNEXED AREAS AND CORRECT ORDINANCE NO. 073, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO
GRANT REVOCABLE PERMITS TO NON-CITY UTILITIES IN ANNEXED
AREAS AND CORRECT INTERNAL REFERENCES
WHEREAS,under Chapter 26,Article VI of the City Code,when the City annexes property,
any non-City electric utility serving the annexed area must affirmatively seek a permit to continue
its services until the City's Utility is prepared to serve the area; and
WHEREAS,amending the City Code to automatically grant revocable permits to such non-
City utilities will facilitate coordination between the City and non-City utility providers with less
potential service impacts for property owners within annexed areas; and
WHEREAS, an internal reference in the City Code regarding the process for customer
appeals of administrative decisions affecting electric utility services is incorrect and should be
corrected; and
WHEREAS, the City Council has determined that these proposed amendments to the City
Code are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 26-447 ofthe Code of the City of Fort Collins is hereby amended
to read as follows:
See. 26-447. Annexations.
Properties annexed to the City may, after annexation, continue to receive electric
service from any utility previously furnishing such service without complying with
the provisions of this Division unless and until the City elects to provide electric
service to such properties, in which event the City shall notify the owner of the
annexed property and the non-City utility provider in writing of its intention to
provide such service and the date upon which such service will be transferred to the
City. As of the date of service transfer, all electric service within any annexed area
shall be provided in accordance with the provisions of this Division. If the City has
not elected to provide electric service to annexed property prior to the expiration of
the second year after annexation of that property,then the non-City utility furnishing
service to such property shall be deemed to have been granted a revocable permit by
the City for the purpose of continuing to deliver such service. Said revocable permit
shall continue in effect until such time as service is transferred to the City after
written notice from the City as described above, in which event the permit shall be
revoked upon written notice from the Utilities Executive Director to the non-City
utility providing the service.
Section 2. That Section 26-449 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 26-449. Appeals
Any customer who believes that he or she has been aggrieved by a final
determination or decision by the Utilities Executive Director or his or her designee
regarding the application of the requirements of Chapter 26, Article VI of this Code
or any rules or regulations authorized under such Article may petition the Utilities
Executive Director for a hearing. The Utilities Executive Director may appoint a
hearing officer or elect to conduct such hearing him or herself, provided that the
aggrieved party makes written application for such hearing within seven(7)days of
the date of such final determination or decision. If a timely request for hearing is
made, a hearing concerning the proprietary of the final determination or decision
shall be granted to the aggrieved party and, after notice to the aggrieved party, the
hearing shall be held no more than ten (10) calendar days after the tiling of the
request for hearing. At the hearing the appellant and the City may be represented by
an attorney, may present evidence and may cross-examine witnesses. A verbatim
transcript of the hearing shall be made.The decision of the hearing officer or Utilities
Executive Director shall be based upon competent evidence. The aggrieved party
may file an appeal from such hearing to the City Manager's office pursuant to§2-541
of this Code.
Introduced, considered favorably on first reading, and ordered published this 21st day of
May, A.D. 2013, and to be presented for final passage on the 4th day of June, A.D. 2013.
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Passed and adopted on final reading on the 4th day of June, A.D. 2013.
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