HomeMy WebLinkAbout1996-118-10/01/1996-1997 LEGISLATIVE AGENDA ADOPTING RESOLUTION 96-118
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY'S 1997 LEGISLATIVE AGENDA
WHEREAS, state and federal legislation may impact the citizens of Fort Collins, affecting
their quality of life; and
WHEREAS, such state and federal legislation may influence the operations of municipal
governments, including the City of Fort Collins; and
WHEREAS, the City of Fort Collins has an interest in providing input on such proposed
legislation; and
WHEREAS,Councilmembers and staff are asked to state the City's policy position regarding
such legislation; and
WHEREAS, members of the Legislative Review Committee desire to be more effective in
their reaction to state and federal legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the policy statements contained in the attached 1997 Legislative Agenda
accurately reflect the City's policy on these issues.
Section 2. That the Council of the City of Fort Collins hereby adopts the 1997 Legislative
Agenda attached hereto as Exhibit "A" and incorporated herein by this reference.
Passed and adopted at regular meeting of the Council of the Cit of Fort Collins t 's 1 st day
of October, A.D. 1996.
ayor
ATTEST: /
City Clerk
EXHIBIT A
THE COUNCIL OF THE
CITY OF FORT COLLINS
1997 LEGISLATIVE AGENDA
WMM
lCity of Fort Coiim* s
October 1, 1997
CITY OF FORT COLLINS
Fort Collins is located next to the Rocky Mountains in northern Colorado, 60 miles north of
Denver. The population of the City is approximately 100,000 with a land area of 45 square
miles. The town of Fort Collins was incorporated by an order of the Board of County
Commissioners of Larimer County, Colorado on February 3, 1873. The present Charter of the
City of Fort Collins, establishing the Council-Manager form of government, was adopted by the
electors of the city on October 5, 1954.
COUNCIL OF THE CITY OF FORT COLLINS
Mayor Ann Azari - At-Large
Council Member Alan Apt - District 5
Council Member Gina Janett - District 1
Council Member Chris Kneeland - District 4
Council Member Bob McCluskey - District 3
Council Member Will Smith - District 2
Council Member Charles Wanner - District 6
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INTRODUCTION
1997 LEGISLATIVE AGENDA
The City of Fort Collins' 1997 Legislative Agenda identifies issues of importance to the City of
Fort Collins. The Agenda expresses policies and positions on issues which affect the quality of
life and the governance of our community. This Agenda has been adopted by the full Council,
and we offer this Agenda to our Legislators as a guideline when considering legislation which
impacts Fort Collins.
The issues identified have historically been addressed by the General Assembly and may also
apply to some federal legislation. The policy statements in the 1997 Agenda were developed in
advance of the 1997 General Assembly, and are necessarily very broad and are not all-inclusive.
The City will continue to contact Legislators regarding City positions on specific bills throughout
the 1997 legislative session. We encourage Legislators to contact Fort Collins City Council
Members and staff should they have any questions regarding our policy positions.
FORT COLLINS LEGISLATIVE REVIEW COMMITTEE
The Legislative Review Committee is a representative group of Council members that review
proposed legislation and express City policy in reaction to the legislation. Legislation which
cannot be compared to previous City policy, as identified in the Legislative Agenda, is referred
back to the full Council for consideration before any position is taken.
The Council members presently serving on the Legislative Review Committee are Council
Member Alan Apt, Chair of the Legislative Review Committee, Mayor Ann Azari and Council
Member Bob McCâșuskey. The Committee is supported by City staff with expertise in various
technical areas. The City works closely with the Colorado Municipal League on all legislative
items.
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LEGISLATIVE REVIEW COMMITTEE MEMBERS
Council Members
Alan Apt Legislative Review Committee Chairperson (970) 221-6505
Ann Azari Mayor 221-6505
Bob McCluskey Council Member 221-6505
Staff Members
Guy Boyd Poudre Fire Authority, Administrative Assistant 221-6570
Pete Dallow Director of Administrative Services 221-6797
Susanne Edminster Transportation Services Policy Analyst 224-6049
Stewart Ellenberg Risk Manager 221-6774
Marty Heffernan Assistant to the Director of Cultural, Library
and Recreational Services 221-6064
Alan Krcmarik Finance Director 221-6788
Blair Leist Legislative Affairs Coordinator
Assistant to the Director of Administrative Services 221-6796
Gale McGaha Miller Water Quality Technical Manager 221-6231
Deryle O'Dell Deputy Chief-Information Services, Police Services 221-6840
Rondall Phillips Director of Transportation Services 221-6615
Steve Roy City Attorney 221-6520
Tom Shoemaker Natural Resources Director 221-6263
Michael Smith Water/Wastewater Utilities Director 221-6681
Liz Stroh Integrated Resources Manager 221-6522
Bill Switzer Utility Economist, Light and Power 221-6713
Tom Vosberg Community Planning and Environmental Services
Policy Analyst 221-6224
Brian Woodruff Environmental Planner 221-6604
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AIR QUALITY
The Fort Collins City Council's adopted air quality goal is "To continually improve Fort Collins
air quality as the city grows." Adopted air quality objectives are to:
- Reduce the growth of total vehicle-miles of travel.
- Reduce tailpipe emissions per mile from motor vehicles.
- Reduce emissions from commercial and industrial sources.
- Reduce wood smoke emissions.
- Reduce the number of non-certified wood stoves and conventional fireplaces.
- Increase individual actions to reduce exposure to indoor air pollution in homes and
work places.
The following policy statements, excerpted from the City's March 1993 Air Quality Policy Plan,
inform the City's participation in air quality legislation:
- The City opposes any action of the State Legislature that restricts local government
authority to improve air quality beyond minimum State requirements, even as the City
supports legislation to strengthen the vital role of Colorado state government in improving
air quality.
- The City supports legislation to assure that the State and County Health Departments have
adequate responsibility, authority, and resources (funding and personnel) to enforce
regulations adopted by the Colorado Air Quality Control Commission, and
- The City supports legislation to assure the fullest possible enforcement of federal, State,
and County air quality regulations.
The latter two policies arise in part because the City does not enforce State regulations on
stationary air pollution sources, but rather continues to rely upon the Colorado and Larimer
County Health Departments to assure that local sources comply with Colorado Air Quality
Control Commission regulations.
EDUCATION
The Fort Collins City Council recognized that a well maintained and funded educational system
is critical to economic vitality and the continued health of the community.
Therefore, the Fort Collins City Council supports the following policy statements:
Support legislation for additional educational funding for K-12 and higher education.
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- Support the development of reliable and fair funding mechanisms that are real additional
dollars and are not regressive; such as, graduated income taxes or impact fees, etc.
- Support the consideration of other viable funding options.
- Support enabling legislation to clearly provide for the local option to impose school impact
fees, consistent with the Governor's Smart Growth recommendations.
ENVIRONMENTAL QUALITY
The City of Fort Collins vigorously endorses principles and applies practices to enhance the
environmental quality of the City. The City is working toward environmental solutions through
cooperative efforts in dealing with land use, transportation, and air quality (LUTRAQ) issues.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation that allows the flexible application of financial resources for
environmental needs.
- Support legislation that enables local efforts to plan and regulate the interrelationships of
land use, transportation, and air quality.
- Oppose legislation that allows state preemption of local government authority to adopt
environmental and land use ordinances.
- Oppose legislation that restricts local government environmental and land use regulatory
authority as now authorized by the Colorado Constitution and Colorado case law.
FEDERAL BUDGET
The City of Fort Collins, Colorado, recognizes that the reduction of the federal deficit and the
restoration of sound fiscal policy are critical to the economic future of America. Fort Collins
supports an equitable and fair approach to eliminating the federal budget deficit over a
reasonable period of years, hopefully by the year 2002.
The approach by Congress to eliminate the deficit has been to make deep cuts in some
programs, many of which support key municipal programs, while leaving some of the largest
entitlement and discretionary programs untouched. With regard to revenue, a tax cut has also
been considered which may reduce available revenues even further. We believe this approach
is inequitable and discriminatory and should be modified.
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Modifications must recognize the fact that the federal deficit could be eliminated in seven years
if all expenditures in the federal budget were not allowed to grow more than two percent per
year. The most equitable, least politically motivated solution is to limit the budget of all
Federal programs to annual growth of two percent or less.
Fort Collins supports the National League of hies Statement of Principles Reg rdhig Federal
Budget and Governance which provides, in part:
The leaders of the nation's cities and towns recognize it is time for a significant change
in governance and in the role of the federal government. We support fundamental
changes to reduce federal deficits and to make government more effective and
accountable. We believe that deficit reduction is important and also that addressing
America's problems is important. NLC believes that all budget elements - all entitlement
programs, tax expenditures, revenues, defense and discretionary spending - must be on
the table for any credible and equitable deficit reduction effort. NLC believes that
eliminating the federal deficit must be hand-in-hand with balancing decision-making
responsibility among local, state and federal leaders. (Emphasis added.)
Budget items on which federal and local govennnents have worked together to help meet basic
needs, such as transit operations and capital, community development block grants, water quality
monitoring, and crime prevention, are items that should not be cut drastically. These programs
would probably survive and continue providing similar levels of service without increases or
with moderate reductions. It is important to remember that federal dollars spent at the local level
provide the taxpayer with the most direct and recognizable benefit from their taxes. Drastic,
debilitating cuts in local federal spending will undermine any belief that federal taxes benefit the
taxpayer.
Therefore, the City of Fort Collins City Council supports the following guidelines:
- All entitlement programs, including tax expenditures, revenues, and all discretionary
spending, must be "on the table" for discussion. All programs should be treated with some
equity in the budget process so everyone shares the pain.
- Federal tax expenditures should be subject to review and change to assure that these
programs contribute, along with entitlement programs, to deficit reduction in a marmer
consistent with all other expenditure programs.
- No discrimination or favoritism should be shown toward any economic or demographic
group.
- Budget problems should not be made worse and left on the doorstep of local government,
and disproportionate burdens should not be placed on cities and towns by inordinately
cutting discretionary programs.
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- Direct local assistance should not be converted to state control.
- Accounting rules or other procedural or budget rules should not continue to be altered as a
substitute for actual deficit reduction.
- Tax cuts should be postponed until explicit legislation to achieve a balanced federal budget
is fully implemented.
FINANCE
The City of Fort Collins recognizes the complex financial issues facing local municipalities.
The Fort Collins City Council has adopted Financial and Management Policies to establish
guidelines for long-range financial planning and to help in preparing the City's budget. With
revenue growth limited by a 1992 amendment to the State Constitution. (Article X, Section 20),
it has become increasingly important to better manage the City's resources. Strong fiscal
planning, prudent debt financing and preservation of the City's revenue base are vital in
improving and maintaining the City's financial health.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislative efforts that strengthens the local financing authority of municipal
governments.
- Support legislation that promotes public and private sector economic development efforts
that are consistent with the City's economic development policies.
- Support legislation that promotes equity among taxing jurisdictions when offering financial
incentives to business.
- Oppose State mandated reductions to existing property tax structure without specific
revenue replacement provisions.
- Oppose legislation that reduces the City's revenue base and would subsequently require
voter approval for replacement funding.
FIRE PROTECTION
The Fort Collins City Council recognizes the critical importance of maintaining a safe
environment and protecting the lives and property of the citizens of Fort Collins from fire.
Therefore the Fort Collins City Council supports the following policy statements:
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- Support legislation adopting a State fire code, the code of choice being the Uniform Fire
Code, which establishes a State minimum standard for fire code enforcement in existing
and newly-constructed structures. Pennit local option for municipalities to impose more
restrictive standards. U.F.C. adopted should be 1991 or later.
- Support legislation that allows the City to continue prohibiting the use and sale of all
fireworks and support legislation that allows counties and fire districts to prohibit and/or
otherwise control fireworks.
- Support legislation that allows the City to continue prohibiting the use of non-rated wood
roofing materials and support legislation that allows counties and fire districts to prohibit
and/or otherwise control the use of non-rated wood roofing materials.
HAZARDOUS MATERIALS MANAGEMENT
It is an important concern of the City to safeguard Fort Collins' health and environmental safety
by reducing risks from the unauthorized release of hazardous materials or hazardous waste.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation that allows the City to continue controlling risks from hazardous
materials use and storage through the adopted editions of the Uniform Building and Fire
Codes and related local amendments.
- Oppose legislation that restricts the City's ability to review and approve the location of
facilities that use or store hazardous materials or hazardous waste.
- Support legislation requiring environmental impact and health risk assessments to be
prepared, and receipt of a Certificate of Designation (CD) from counties or municipalities,
to establish new hazardous waste incineration facilities.
- Support legislation to encourage pollution prevention programs (PPP) as preferred
hazardous materials and hazardous waste management strategies.
- Support legislation that strengthens the enforcement of state hazardous materials
regulations.
- Oppose legislation that restricts the City from adopting local strategies for hazardous
materials and waste reduction.
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HOME RULE
The City of Fort Collins is a home rule municipality. We strongly believe in the importance of
Article XX of the Colorado Constitution which grants home rule municipalities "full right of
self-government in local and municipal matters." Home rule is of utmost importance to the City
of Fort Collins, and is a concept that the City generally fights strongly to protect.
The Fort Collins City Council believes that the principle of home rule authority affords the
citizens of Fort Collins greater access to local government and greater opportunity for
participation in and contribution to the decision making process, thereby enhancing the quality of
life in the community and the ability of local government to respond to the needs of its citizens.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislative efforts to strengthen home rule authority of local municipal
governments.
- Oppose legislation that mandates State or federal intercession in matters of local concern
and which unnecessarily or adversely affects the City's ability to manage pursuant to its
home rule authority.
INVESTMENTS
The Fort Collins City Council has adopted investment policies to be used by the City . The
policies are reviewed and updated periodically to ensure the quality of portfolio, maintain
liquidity and to maximize the earnings of the portfolio.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation designed to protect the investments of government entities.
- Support legislation that provides for adequate investment disclosure including market
value reporting.
- Oppose any legislation that would require municipalities to participate in investments that
do not meet the objectives set forth in the City's policies.
- Oppose restrictions on the City's ability to adopt its own investment policies.
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MUNICIPAL UTILITY SERVICE TERRITORY
Cities and towns provide a number of services to their citizens as directed by the local electorate.
These services can include the provision of electricity through a municipally owned and operated
utility. As new areas are annexed, the citizens should have the right to the same services as
provided to other citizens. Through local elections, those citizens have the ability to determine
how and what type of service they receive. Federal or slate preemption of this right deprives
citizens of their ability to choose.
In Colorado, existing law provides compensation to a utility that may lose electric load through
annexation. Additionally, the citizens of a city may determine that competing electric utilities are
acceptable, or the citizens may have an election to grant a franchise to another utility.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support efforts that allow citizens to determine the level and extent of municipal services
they will receive thus preserving the home rule authority of local municipal governments.
- Oppose efforts that limit either a municipality's rights to annexation or to provide
municipal utility services to any of its citizens.
OBSOLETE SUBDIVISIONS, VACATION OF
Many states in the west allow local governments to vacate obsolete plats and subdivisions that do
not meet current planning and development standards. Colorado does not. Generally obsolete is
defined as follows: a) platted at least a decade ago, b) does not meet current planning standards,
and c) is either substantially undeveloped or threatens public health and safety based on
conditions not known at the time of final plat approval. Additionally, a subdivision could be
considered obsolete if a developer has breached a development agreement with the local
government. Obsolete would not include vested rights.
Therefore, the Fort Collins City Council supports the following policy statement:
- Support legislation which would allow the County to review all subdivisions up to 160
acres, and which would allow jurisdictions to vacate obsolete plats and subdivisions, where
appropriate.
PLANNING AND LAND USE
The goals of the Governor's Smart Growth and Development initiative include realigning state
policies to promote sound planning efforts and to encourage local and regional partnerships in
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developing cooperative approaches to land use issues. The City of Fort Collins has
participated in the Smart Growth process and had opportunity to provide input into the Inter-
Regional Council (IRC) recommendations. The City generally supports the IRC
recommendations, and recognizes these recommendations should be the focus of the City's
legislative initiatives related to land use in the 1997 session.
While the City generally support the IRC recommendations, we recognized that the elements of
specific recommendations should be closely monitored throughout the legislative process.
Therefore, the Fort Collins City Council:
- Supports legislation evolving from the IRC recommendations as long as the legislation
does not conflict with other aspects of the City's Legislative Agenda, and/or the
legislation does not limit the effectiveness of local planning efforts.
PRIVATIZATION
The City of Fort Collins spends approximately fifty-eight percent of its budget on outside
contracts for goods and services. This level of privatization has given the citizens of Fort Collins
good quality and cost efficiency for many years.
The Fort Collins City Council supports the following policy statements:
- Support provision of services through private enterprise when in the public good.
- Support local control of the awarding of contracts and the accountability of local officials
for those actions.
- Oppose mandates that increase the complexity and cost of service without improving those
services.
PUBLIC SAFETY AND VIOLENCE PREVENTION
The Fort Collins City Council recognizes the critical importance of maintaining public order,
providing a safe environment, and protecting the lives and property of the citizens of Fort
Collins. The City Council is particularly concerned with the issue of violence, particularly youth
violence, in the community and has adopted this matter as one of its policy agenda items.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation which has the potential of reducing incidents of violence in the
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community, with special attention to legislation directed towards the escalating problem of
youth violence.
- Support legislation which impacts youth violence problems through the development of
treatment and intervention programs.
- Support legislation which provides greater protection to victims of domestic violence.
PUBLIC SAFETY PENSIONS
The Fort Collins City Council recognizes police officer and firefighter pension, death and
disability benefits are unique and are jointly funded by the state and local governments. Changes
in state funding levels for these benefits may affect the City's ability to provide public safety
services and place new financial burdens on the City.
Therefore, the Fort Collins City Council supports the following policy statement:
- Oppose legislation that reduces current state funding of these benefits or shifts funding to
local governments beyond current proportions.
RECYCLING AND SOLID WASTE
Waste collection and recycling responsibilities in Fort Collins are shared by private businesses,
the City of Fort Collins, and Larimer County. Solid waste and recycling collection services are
provided by private businesses in Fort Collins. Private haulers deliver waste to the Larimer
County Landfill, which is owned jointly by Larimer County, the City of Fort Collins, and the City
of Loveland. The majority of collected recyclables are delivered to the Larimer County
Recycling Center which is owned by Larimer County and operated by a private company. The
City of Port Collins regulates the operation of private trash haulers through licensing
requirements which include a mandate to provide recycling collection service to both the
residential and commercial sectors. In addition, the City provides a variety of public information
and outreach programs to encourage recycling in the community.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation that develops an integrated waste management plan for Colorado that
emphasizes, in priority order, waste reduction, reuse and recycling.
- Support legislation that provides incentives and funding for efforts by local government
and private enterprise to promote waste reduction, reuse and recycling.
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- Support legislation that encourage procurement of products made from recycled materials
by federal, state and local government.
- Support legislation that expands state and regional markets for materials collected in local
recycling programs.
- Support legislation that broaden the regulatory authority of local government to ensure the
efficient collection and processing of recyclable material and solid waste.
- Oppose legislation that limits the ability of local government to regulate the activities of
private waste or recycling collectors to ensure the provision of efficient solid waste and
recycling services.
- Oppose legislation that limits the ability of local government to provide waste or recycling
collection or processing services to citizens.
RETAIL WHEELING
Retail wheeling permits delivery of electric power to customers from a third party over the local
distributor's lines. the City of Fort Collins does not oppose retail wheeling per se. However,the
City of Fort Collins has adopted guidelines developed by the Colorado Association of Municipal
Utilities (CAMU)to guide the discussion of retail wheeling in Colorado.
The Colorado electric utility industry has always delivered high-quality, reliable power at
comparatively low rates. the 29 municipally-owned electric systems in Colorado, which supply
electric service to over 560,000 citizens, are concerned about the impact that retail wheeling may
have on our state and this industry. While CAMU favors the availability of low cost electric
supply to all customers, there are several issues that must be resolved before retail wheeling can
become a service of benefit to Colorado consumers and the Colorado electric industry.
The electric utility industry is currently very unsettled with active debate being carried on about a
number of serious issues, including FERC jurisdiction over transmission access, the potential
disposition of federal hydro power facilities, mergers and acquisition, etc. Therefore, specific
legislation mandating retail wheeling is premature. It is imperative, due to the broad public
policy implications, that state official and affected interest study the benefits, risks, implications,
and impacts of retail wheeling on the customers of Colorado. Following are the retail wheeling
principles which the City of Fort Collins feels must be addressed prior to adoption of any retail
wheeling legislation:
1. In order to promote regional equity, the creation of retail competition in Colorado must
not occur until similar competitive retail markets are created in adjacent states.
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2. We oppose any federal and/or state mandate requiring municipal utilities to implement
retail wheeling. In order to preserve local control, municipal utilities must be given a
local control choice option to determine the extent to which retail wheeling may be
implemented and the rules governing implementation.
3. Customers that may be unable to take advantage of retail wheeling opportunities,
including residential, commercial and small industrial customer, must be protected from
adverse rate effects.
4. Pull recovery of the cost associates with the ownership of the distribution system that
delivers the electric supply to the retail wheeling customer must be allowed. These
costs include operation and maintenance, depreciation, system upgrades, administrative
costs, franchise fees, payments in lieu of franchise fees and taxes, return on investment,
and the costs associated with government mandated programs, including for example,
low-income energy assistance, demand side management, and environmental programs.
5. The constitutional and statutory right of consumer-owned utilities to establish their own
rates must be retained.
6. Kates, terms and conditions for retail wheeling service offered by nwnicipally-owned
utilities must be established by the local governing body. the provision of C.K.S.
Article 40-3.5-101, et seq. must apply to wheeling rates for service outside municipal
boundaries.
7. The responsibility of the retail wheeling customer to secure back-up power must be
clarified to ensure the integrity of the system for the protection of the other customer
receiving service over the distribution system.
8. There must be a method of recovering the cost associated with power supply assets,
generation fuel costs, power purchase contracts, production costs, and other costs, that
are "stranded" when a sales customer switches to retail wheeling service.
9. The extent of the obligation, or lack thereof, on the part of the distribution utility to
provide sales service to former retailing wheeling customers who request to return to
sales service must be defined, including the opportunity for full cost recovery.
10. For reasons of health, safety, aesthetics and the rational and efficient use of the public
right-of-way, any retail competition legislation must prohibit the unnecessary and
economically wasteful duplication of distribution facilities. Customer must not be
allowed to bypass the transmission and distribution facilities of the local utility.
1 I. Industry participants must be prohibited from engaging in unfair competitive practices,
such as discriminatory or predatory pricing.
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12. The distribution utility must retain the right to meter and bill all customers (including
retail wheeling customers), retain the rights to investigate and claim recovery for energy
diversion, and retain the right to disconnect service for non-payment
13. All industry sectors must be subject to identical requirements concerning open records.
14. All industry sectors must have comparable access to the transmission and generation
markets.
15. Any legislation mandating retail wheeling must contain an "effective date" sufficient to
afford utility providers with adequate time to prepare themselves for competition.
16. The incumbent serving utility must be given a right of first refusal to match any bona
fide offer to provide comparable power at comparable prices to retain existing
customers.
SALES AND USE TAX
The City of Fort Collins levies, administers and collects its own sales and use taxes under its
home rule authority. Sales and use tax collections comprise about 57%of General Fund
revenues. These revenues would decrease dramatically if the City were forced to adopt the much
narrower State sales tax base and revert to centralized State collection of revenues.
Therefore, the Council of City of Fort Collins supports the following policy statements:
- Support legislation that maintains local control over base, rates, collections and
administration of sales and use taxes.
- Support cooperative efforts of the State, municipal and business entities to simplify sales
and use tax collection and maintain uniform definitions.
- Support cooperative audits by governmental agencies in order to provide better customer
service and minimize disruption to major taxpayers.
- Oppose legislation that creates State sales and use tax exemptions that would contradict
current compatible State and local interpretations.
- Oppose legislation at the State and Federal level which preempts local authority to impose
and collect sales and use taxes.
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SOVEREIGN AND GOVERNMENTAL IMMUNITY
The Fort Collins City Council recognizes that the complexity and diversity of City operations and
services required to meet the needs of the citizens of Fort Collins may expose the City and its
officers and employees to liability for damage and injury. The Council further recognizes that
City officers and employees must be confident that they have the City's support in the lawful and
proper performance of their assigned duties and responsibilities.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation that protects the interests of municipalities and their officers and
employees in the lawful and proper performance of their duties and responsibilities.
- Support legislation that discourages baseless and frivolous claims and demands that can be
made against municipalities and their officers and employees.
- Oppose legislation that expands or increases municipal liability, or, conversely, further
limits municipal immunity.
SPECIAL IMPROVEMENT DISTRICTS
The City of Fort Collins intends to maintain special improvement districts as a viable financial
tool for needed infrastructure improvements. It provides adequate and accurate disclosure to
investors purchasing special assessment bonds.
The Council of the City of Fort Collins supports the following policy statements:
- Support the ability of local government to create special improvement districts.
- Support legislation that facilitates the collection of delinquent assessments and strengthens
or maintains the lien position of those assessments.
- Support legislation that enables lienholders to foreclose special assessment liens quickly
and reduce carrying costs.
- Support any reduction in the complexities of obtaining clear title to properties acquired
through the Treasurer's Deed process.
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TELECOMMUNICATIONS
The Fort Collins City Council encourages the development of advanced telecommunication
services and systems to enhance economic development, public policy development, and citizen
involvement in the community and in local government.
The Fort Collins City Council endorses legislation that supports the following policy statements:
- The City supports public access to municipal and community information in order to
promote citizen involvement in the community and local government. Greater public
access to broad and diverse information will promote deliberative democracy and will
enhance public policy development
- The City supports legislation that protects the individual right to privacy and the right of
access to public records for citizens using the information infrastructure.
- The City supports and advocates universal access to telecommunications services by all
citizens, as well as by the commercial, educational and governmental sectors.
- The City supports efforts to establish an open marketplace for telecommunications services
in a competitively neutral environment. An integral component of this open marketplace is
the appropriate application of regulations to functionally equivalent telecommunications
services as permitted by law. Therefore, the City strongly supports the preservation of local
authority in relation to matters of local impact, including:
- Establishing zoning requirements and siting standards for above ground
telecommunications transceiver structures such as antenna towers and satellite
dishes;
- Adhering to construction standards, permitting, scheduling, and cost recovery;
- Adhering to customer service standards that are not otherwise provided for at the
federal or state levels;
- Mitigating negative impact on local infrastructures (such as streets) and cost
recovery; managing methods of facilities installation (pedestals, overhead,
underground);
- Collecting sales tax revenue as permitted by law from merchandise purchases made
via electronic media;
- Granting franchises to companies providing telecommunications services. Such
authority helps ensure the local government's ability to negotiate, in the public
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interest, for cable channel space, institutional networks and Public, Educational and
Governmental programming.
The use of public streets and other ROW for the installation of telecommunications
facilities to engage in private, for-profit enterprise demands a fair payment for the
use of public assets as permitted by law. The City supports application of fair and
reasonable fees in a competitively neutral and nondiscriminatory manner for all users
of the Rights of Way (ROW) including telecommunications service providers. Such
fees should fully recover the City's direct and indirect costs related to the use of the
ROW, such as street maintenance and replacement, and they should compensate the
City for the fair value of the property interest that is being provided.
- The City recognizes that telecommunications resources have considerable value. The City
should help safeguard citizens against market inequities by maximizing their ability to
utilize and facilitate access to telecommunications resources. In order to provide the best
possible government and educational services, the City will continue to enhance and
advance its own internal use of telecommunications. To meet these objectives,
telecommunications infrastructure and services may be provided through activities of the
Fort Collins Electric Utility.
- Adequate spectrum allocation of public radio frequencies for public safety, emergency
services, public works and other public use is vital to the City's ability to safeguard
citizens. The City will continue to monitor and negotiate for appropriate allocation of all
telecommunications resources.
- The City of Fort Collins supports legislation providing for the ability to charge for the cost
of acquisition, compilation, or provision of, or access to, electronic and hardcopy public
data and information.
- Our computerized society may face an enormous challenge to modify or replace computer
hardware and software necessary to provide on-going services constituents during the
change of century, the Year 2000 challenge. All aspects of service provision could be
affected, including public health and safety. The City of Fort Collins supports legislation
adopting funding, standards and priorities for this effort.
TRANSPORTATION
The City of Fort Collins is actively interested in issues that impact the transportation of people
and commodities via all modes. It encourages tine use of alternative transportation whenever
appropriate.
Therefore, the Fort Collins City Council supports the following policy statement:
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- Support programs that implement cooperation between local governments and federal,
state, and county agencies to help meet basic transportation needs, such as: transportation
demand management programs; transit; street, highway, road and bridge construction and
maintenance; and safe corridors for bicyclists and pedestrians.
- Support the current allocation formula of 60% state, 22% counties, and 18%municipalities
for Highway User Tax Fund revenues.
- Support legislation to fund analysis and implementation of the linkages between
commuters and rail/transit alternatives.
- Support legislation that facilitates regional planning for alternative transportation and
reduction in single occupant vehicle usage.
- Support legislation that increases funding for highway projects with flexibility for all
transportation modes.
- Support release and utilization of federal transportation trust funds and motor fuel taxes for
their transportation purposes.
- Support legislation to enact the Rural Transportation Authority Bill which allows one or
more municipalities and one or more counties or combination of municipalities and
counties to create an authority for the purpose of financing, constructing, operating, and
maintaining transportation improvements and services.
- Support the reauthorization of the Intermodal Surface Transportation Efficiency Act
(ISTEA) with amendments as endorsed by the North Front Range Transportation and Air
Quality Planning Council.
- Support legislation to allocate the state sales tax collected on the sales of motor vehicle-
related accessories to the Highway Users Tax Fund.
- Support limitation on "off-the-top" diversions from the Highway Users Tax Fund.
WATER UTILITIES
The Fort Collins City Council recognizes the critical importance of maintaining drinking water,
stormwater and wastewater utility services in a financially sound, reliable, safe, and
environmentally acceptable manner. The City supports legislative measures to further this goal.
Since Fort Collins' Water Utilities is governed by City Council, an elected board, it is important
to maintain the greatest degree of local control over planning and operation. To that end, it is
important to minimize legislative and regulatory impacts on the operations of the utility, thereby
allowing local government to act in its own best interests. As a business, it is necessary to
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maintain and enhance the utility's competitive advantage. Furthermore, it is also important to
balance economic growth with quality of life, including protection of the environment.
Therefore, the Fort Collins City Council supports the following policy statements:
General
- Support legislation that reasonably limits liabilities of the Water, Stormwater and
Wastewater operations.
- Support legislation that maintains state primacy over federally mandated water, stormwater
and wastewater environmental regulatory programs.
- Support water quality legislation that results in reasonable water quality control regulations
that are cost effective and can show identifiable benefits.
- Support legislation that would require election of directors for water conservancy districts.
- Support legislation that enables local development of watershed protection efforts.
- Support legislation that encourages cooperation between the City of Fort Collins Water
Utilities and other water and wastewater treatment providers.
Water
- Support water conservation legislation that maximizes local control and takes into
consideration local plans in place and water conservation activities which rellect local
conditions.
- Support legislation which limits the federal government's ability to affect water rights other
than through procedures established under Colorado's appropriation doctrine.
- Support adequate state and federal funding of mandated programs under the Safe Drinking
Water Act.
- Oppose any drinking water legislation or regulations that are not founded on sound and
comprehensive scientific research.
- Oppose any drinking water legislation or regulations which do not consider the potential
impact of the proposed legislation or regulation on other contaminants and contaminant
removal processes.
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Wastewater
- Support adequate state and federal funding of mandated programs under the Clean Water
Act.
- Support water quality legislation which provides states with more flexibility to tailor
federal legislation and regulations to local conditions.
- Oppose any clean water legislation or regulations that are not founded on sound and
comprehensive scientific research.
- Oppose any clean water legislation or regulations which do not consider the potential
impact of the proposed legislation or regulation on other contaminants and contaminant
removal processes.
WORKERS' COMPENSATION
The City of Fort Collins City Council recognizes the dual purpose of the workers' compensation
system -providing benefits promptly to injured employees in a cost effective manner, and
minimizing costly litigation. Council also recognizes that the City's self-insurance program is a
cost efficient method to insure workers' compensation and that government intervention or
taxation can negatively impact the City.
Therefore, the Fort Collins City Council supports the following policy statements:
- Support legislation that improves administrative efficiency of the Division of Workers'
Compensation.
- Oppose legislation that increases insurance premium costs to employers.
- Oppose legislation that would add administrative burdens or taxes to self insurance
programs.
- Oppose legislation that would promote litigation.
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