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HomeMy WebLinkAboutORDINANCE 02-190 0 ORDINANCE NO.02-19 AN ORDINANCE AMENDING AND RESTATING CHAPTERS 13.04,13.06,13.08, 13.10 AND 13.16 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK FOR THE CREATION AND OPERATION OF THE POWER AND COMMUNICATIONS ENTERPRISE WHEREAS,the Town has been engaged in the review of the design, construction,financing,and operation of providing high quality,reliable broadband service to customers of the Light &Power Department;and WHEREAS,the Town asked the voters to exempt the Town from the provisions of the State Statute which limited the Town’s participation in providing broadband service to its Light &Power customers;and WHEREAS,voters of the Town overwhelmingly approved the ballot issue allowing the Town to provide broadband service to its Light &Power customers;and WHEREAS,Town Staff and members of the community have determined that it is feasible for the Town to provide high quality,reliable broadband service to its Light & Power customers;and WHEREAS,in order to provide said broadband service,it is necessary for the Town to amend Chapters 13.04,13.06,13.08,13.10 and 13.16 of the Municipal Code to incorporate broadband services within its Light &Power Enterprise:and WHEREAS,it is necessary to amend said Chapters to reconstitute the Town’s Light &Power Enterprise as the Power &Communications Enterprise;and WHEREAS,the Board of Trustees has reviewed the amendments to Chapters 13.04,13.06,13.08,13.10 and 13.16 of the Municipal Code and determined that it is in the best interest of the Town to approve the amendments to the aforementioned Chapters. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS: 1.Chapters 13.04,13.06,13.08,13.10 and 13.16 of the Municipal Code are hereby amended and restated,as more fully set forth on Exhibit A attached hereto and incorporated herein by reference. 2.This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. C C PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this i-’-day of 2019. TOWN OF ESTES PARK ATTEST: c-tmTnClerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the IZ’day of ‘--ptt ,2019 and published in a newspaper of general publication in the Town of Estes Park,Colorado,on the 22cr! dayof ________________ 2019. TojCIe rk 0 0 EXHIBIT A I.-POWER AND COMMUNICATIONS chapter 13,04 —Power and Communications Administration 13.04.010 -Creation of a Power and Communications Department. There is created and established a Power and Communications Department of the Town,which shall have control of the operation and maintenance of the electric plant and works for the manufacture, generation,transmission and distribution of electricity,the distribution and sale of electrical energy whether the same be generated by the Town or purchased by the Town for distribution and resale to others,and also broadband infrastructure necessary for the provision of broadband services to residential and commercial customers using the Town-owned fiber optic backbone and related infrastructure, including any fiber laterals necessary to provide the service. 13.04.020 -Director;powers. The Power and Communications Department Director shatl have the immediate control and management of all things pertaining to the Power and Communications Department,and shall perform all acts that may be necessary for the prudent,efficient and economical management and protection of the light,power,and broadband system,including the power and authority to adopt and promulgate administrative regulations. Chapter 13.06—Power and Communications Enterprise 13.06.010 -Establishment of the Enterprise. The Town hereby formally establishes the Enterprise as an agency of the Town and designates it as the “Town of Estes Park,Power and Communications Enterprise.”It shall be the purpose of the Enterprise to pursue or continue all of the Town’s light,power,and broadband activities,including the purchase of electrical energy,the distribution of electrical energy,and the provision of broadband internet services to the Town’s customers.In connection with the purchase and distribution of electrical energy and broadband internet services,the Enterprise shall be responsible for,among other things,the construction,operation,repair and replacement of electric power and broadband distribution facilities,and administration using revenues and income generated by and earned or acquired in connection with its power and communications activities and held and managed in the Town’s power and communications enterprise fund.As between the Town and the Enterprise,all power and communications activities will be deemed done and furnished by the Enterprise. 13.06.020 -Enterprise excluded from the provisions of TABOR. Pursuant to and in accordance with Article X,Section 20 of the Colorado Constitution (‘TABOR”),the Enterprise shall be excluded from the provisions of TABOR and shall be entitled to impose rates,fees, tolls and charges;collect and spend revenues;issue its own revenue bonds;and construct,operate and maintain facilities and provide power and communications services;all without reference or regard to the limitations contained in TABOR. 13.06.030 -Governing body. The members of the Board of Trustees shall serve as the governing body of the Enterprise and shall be known collectively as the Board of Directors of the Enterprise (the “Enterprise Board”).Acting as the Enterprise Board,the Board of Trustees may exercise the Town’s legal authority relating to power and communications activities.The Enterprise Board hereby is directed to take all actions necessary to cause the Enterprise to comply with all applicable laws. 13.06.040 -Powers of the Enterprise. The Enterprise shall have all powers and authority granted to municipalities in connection with power and communications activities by the provisions of Title 29,Article 27,C.R,S and Title 31,Articles 15 and 0 0 32,CR5.:the power to contract with any person or entity,including other districts and other enterprises qualified under TABOR;and the power to issue and reissue revenue bonds through its governing body. 13.06.050 -Enterprise obligations and Town obligations. In consideration of the Enterprise’s commitment to provide power and communications services for which the Town actually is obligated and to collect and spend revenues from rates,fees,tolls and charges imposed by the Town,the Town hereby agrees to continue to provide administrative services for the Enterprise and its activities,to continue to hold title to and own all of the assets currently owned by the Town and necessary to the operation of the Enterprise (including but not limited to the electrical energy distribution system)and to impose all rates,fees,tolls and charges for power and communications activities.The relationship between the Town and the Enterprise with respect to the administration of the Enterprise,the operation of the power and communications activities and the duties and responsibilities of each party shall be as herein set forth and as may be delineated and clarified from time to time in a joint resolution of the Board of Trustees and the Enterprise Board which may be adopted at any time when the Enterprise Ordinance codified herein is in full force and effect (“Joint Resolution”). 13.06.060 -Transactions in the name of the Town. Any and all transactions of the Enterprise may be done in the name of the Town or in the name of the Enterprise and neither this Section nor any transaction entered into pursuant to it shall alter or abrogate the relationship of the Town and the Enterprise as established in Section 13.04.050 and as may be further clarified from time to time in a Joint Resolution. chapter 13.08—Power and Communications Rules and Regulations 13.08.010 -General. (a)These rules and regulations set forth terms and conditions under which electric and broadband service is supplied by the Power and Communications Department of the Town,called the Department,and are intended to govern all classes of electric and broadband service supplied by the Department to customers,both within and outside the Town limits. (b)In addition to the provisions and conditions herein,service supplied under the electric rate schedules is subject to the service regulations specified in the rates and to such amendments or additions as may be made by the Town. (c)In addition to the provisions and conditions herein,broadband service supplied under the Department’s broadband service rates and service regulations and to such amendments or additions as may be made by the Town. (d)Electric and Broadband service furnished by the Department is subject also to the requirements set forth in Town ordinances including,but not limited to,electrical installations,inspections,licensing, permits and regulations,and in the Rules and Regulations of the Electrical Inspector under the National Electrical Code and state revisions. (e)Attachment by third parties to facilities owned by the Town for power or broadband services shall be subject to the rules and to the requirements set forth in Town ordinances relating to wireless communication facilities and/or any rules and regulations that may be promulgated by the Department. (1)Any waiver at any time of the Department’s requirements under these rules and regulations will not be deemed as a waiver as to any violation or other matter subsequently occurring. 0 0 13.08.030 -Permanent and temporary electric service. (a)Permanent:Unless specific arrangements are made to the contrary,electric service will be considered rendered on a continuous,permanent basis subject to termination as provided later in these rules and regulations. (b)Temporary service:Temporary service is considered as that service required by such consumers as circuses,construction contractors,carnivals,tent shows and other similar enterprises.Prior to the start of any construction required to provide temporary service,the applicant will pay the Department an amount equal to the Department’s estimate of the total cost of constructing and removing all facilities necessary to supply the desired service less the salvage value of the materials used.The amount thus paid will not be refundable nor can it be applied to service bills.The cost of electric service will be in accordance with the provisions of the application for such service and shall be as stated in the applicable schedules of rates. 13.08.040 -Discontinuance of electric service. (a)Discontinuance by customer:Any customer desiring to discontinue electric service should give the Department at least three (3)days’notice prior to the time disconnection is desired to permit meter reading,disconnection and final billing for service rendered.The customer shall be liable in any event for electric service rendered until the final meter reading is obtained.Further,such notice by the customer does not relieve him or her in any way from any minimums or payments guaranteed under his or her service contract. (b)Discontinuance by Town:The Department may discontinue service under any of the following conditions,subject,however,to the requirements and procedures set forth and adopted in subparagraph (4)of this Subsection and Chapter 13.10 of this Code: (1)If the customer’s wiring or equipment is considered unsafe,service may be discontinued after due notice and will not be reconnected until the unsafe condition has been corrected. Notwithstanding the foregoing,the Department may discontinue service without notice to the customer if a hazardous condition is discovered on a customer’s premises,or if the unsafe condition or manner of utilizing service could be considered dangerous to the life,health or safety of any person,thus making an immediate discontinuance of service to the premises imperative. (2)The customer shall not connect any energy-consuming appliance or device on the Department’s side of a meter nor tamper or otherwise interfere with the proper operation or registration of Department’s meter or permit others to perform such connection,interference or tampering.For violation of this regulation,service shall be disconnected without notice and will not be reconnected until the customer has paid an estimated service bill for the period during which such violation existed and shall have installed standard service entrance wiring in accordance with the prevailing requirements of Chapter 14.20. (3)Service may be discontinued for nonpayment of past due service accounts,for nonpayment of any required deposit,or if service to the customer’s equipment is detrimental,in the opinion of the Department,to service to other customers served by the Department.If a customer is receiving service at more than one (1)location,service at any or all locations may be discontinued for nonpayment of any past due service account if,after transfer of the past due account pursuant to Section 13.08.050,the customer fails to pay an account in full within the period prescribed in Section 13.08.060. (4)Any discontinuance of service pursuant to this Subsection shall be in accordance with and pursuant to the discontinuance regulations set forth in Chapter 13.10 of this Code. 13.08.050 -Service deposit for electric service. (a)The Department may,at any time,require that the customer maintain a deposit with the Department of a sum not exceeding an estimated ninety (90)days’bill or a satisfactory guarantee of the payment to be made for service for a like period.Such deposits will not be considered as advance payment C C for service bills and will be applied as credits to customers’accounts only after service has been discontinued.The deposit may be in addition to any advance,contribution or guarantee in connection with construction of any lines or facilities as provided for in the Department’s line extension policies.In the event any person is in arrears to the Department for electric service, satisfactory arrangements must be made for paying for the old accounts in full before any application for new service will he approved. (b)The Department may return deposits at any time and will return such deposits upon discontinuance of the service after withholding therefrom payment for unpaid charges or bills for service.Deposits will be refunded only after the Department has determined that sufficient evidence exists that the customer is entitled to the return of the deposit. (c)The interest rate applied to deposits,the calculation of interest and the distribution of interest on deposits shall be made in accordance with the applicable rule governing customer deposits as promulgated by the Public Utilities Commission of the State. (d)Customers who have previously received service from the Department shall be required to make a new or additional deposit only if previous payment records include recent or substantial delinquencies. 13.08.060 -Metering and hilling for electric service. (a)Metering of service.The customer will provide at his or her expense,and in connection with his or her wiring,suitable mounting space or enclosure for the installation of metering equipment in accordance with Town ordinances relating to electrical installations,inspections,licensing,permits and regulations.The Department will own and maintain metering equipment suitable and necessary for measuring the electric energy supplied.Service supplied under each electric rate schedule shall be separately measured and billed for,except that any bills transferred to the customer’s account pursuant to Section 13.08.050 because of nonpayment for services at other locations may be included in any of the customer’s accounts for purposes of billing and collection. (b)Billing Errors. (1)The Department will use all reasonable means to avoid billing errors and will,as soon as any error is discovered,rebill for the correct amounts,whether this involves additional payment by the customer or credit to his or her account by the Department,regardless of the time periods involved.Payments due the Department for such errors shall be collected in the same manner as payments for regular bills for service. (2)Incorrect billing due to faulty meter measurement beyond the accuracy limits hereinbefore stated shall be corrected by revised billing based upon corrected readings for a period during which the meter inaccuracy existed,but in no event for a period longer than one (1)year.Bills for corrected usage shall be due and payable in the same manner as regular bills for service. (c)Diversion of electric energy. (1)In any case where energy-consuming devices or equipment are connected ahead of the meter or there has been any tampering with or connections to the Department’s distribution system or any tampering with the Department’s meter,including breaking of meter seals which would make possible or result in the consumption of electricity not registered on the Department’s meter,the customer shall be liable to immediate discontinuance of service and to prosecution under applicable laws. (2)In the event of such diversion of electricity,the Department shall be entitled to collect from the customer at the appropriate rate for all additional power and energy estimated by the Department which was not registered on the meter because of such diversion of electricity and also for all expenses incurred by the Department on account of such unauthorized act or acts. Further,service will not be reconnected until the customer shall have installed such entrance and service equipment as is necessary to prevent further diversion of electricity. 0 0 13.08.070 -Town’s facilities. (a)Continuity of service.The Department will endeavor to furnish and supply,but does not guarantee, uninterrupted electric and broadband service.The Department will not be liable for interruptions due to maintenance functions considered necessary or to causes or contingencies beyond the control of the Department,including but not limited to accidents,breakdown of equipment,acts of God,floods, storms,fires,strikes,riots,war or authority and orders of government,or for disconnection because of unsafe wiring,operation of equipment detrimental to other customers,nonpayment of bills for service or diversion of electricity.The Department shall also be not liable for any injury,loss or damage occasioned by any interruptions arising from the foregoing causes.Such interruptions shall not relieve the customer of payments for service under applicable rate schedules. (b)Shortage of electricity.The Department will make every reasonable effort to furnish a continuous supply of electricity to meet demands.However,should shortages occur by reason of acts of God or causes beyond the immediate control of the Department,the Department shall have the right to grant preference to those services which in its opinion are the most essential to the public welfare.The Department shall not be held liable for monetary loss of business from shortages in supply of electric energy. (c)Liability.All installations of wire,meters,transformers or other materials or equipment made by the Department at its expense shall remain the property of the Department and shall not be tampered or interfered with directly or indirectly by the customer or any other unauthorized persons.The customer shall be liable for any damage or loss to the Department’s property or injury to the Department’s employees through such unauthorized tampering or interference. 13.08.080 -Customer’s use and facilities. (a)Easements, (1)By making application for electric or broadband service,the customer agrees to grant or arrange for an easement on the customer’s property for the installation,operation and maintenance of electric and broadband lines,wires and other equipment of the Department necessary to render service to the customer.When requested by the Department,the customer shall without expense to the Department make or procure conveyance to the Department of satisfactory right-of-way easements across the property owned or controlled by the customer for the Department’s lines or extensions necessary or incidental to the furnishing of service to the customer.If such installation must be made on or over the property of a third party,it shall be necessary for the customer to obtain an easement for the Department from the third party before the installation can be made and service rendered, (2)If,after service is originally rendered,the customer should divide his or her property in such a manner that part of it no longer has access to the rights-of-way of the Department’s electric or broadband distribution system,the customer shall reserve an easement for the benefit of the Department so that the Department may render electric or broadband service to such isolated part when desired. (b)Right of access.Authorized employees of the Department shall have the right of access to the customer’s premises at all reasonable times for the purpose of inspecting,repairing,replacing or removing Department-owned equipment.The customer shall provide a means of ingress and egress through locked gates by providing suitable means for a Department lock to be installed on the gate. (c)Foreign power.The customer shall make exclusive use of service provided by the Department,and no other source of electric energy shall be connected to any installation which in turn is connected to the Department’s electric distribution system.This does not preclude the use of emergency generating systems owned by the customer,provided that switching arrangements are installed to prevent the possibility of the emergency generator and the Department service being connected to the load simultaneously.The manner of connection of any emergency generating system must be approved by the Department prior to use. (d)Resale of electricity.Electric service will be furnished for the sole use of the customer at the premises designated in the service application and contract,and the customer shall not directly or indirectly sell or otherwise dispose of such service to any other person or persons.The Department 0 reserves the right to refuse to furnish electric service to any customer where such service is to be resold to others.In the event that such resale comes to the attention of the Department,the Department shall have the right to either discontinue service to the customer or to furnish service directly to the subcustorner. (e)Indemnity to Town.The Town shall not be held responsible for any injury to persons or damage to property occasioned or caused by the acts,omissions or negligence of the customer or of any of his or her agents,employees or licensees in installing,maintaining,operating or using any of the customer’s lines,wire,equipment,machinery or apparatus and for injury and damage caused by defect in the same.The customer shall hold the Department harmless and indemnify it against any and all claims and liability for injury to persons or damage to property when such damage or injury results from or is occasioned by the facilities located on the customer’s side of the point of delivery unless caused by the negligence or wrongful acts of the Department’s agents or employees. Chapter 13.10—Power and Communications Discontinuance Regulations 13.10.010 -Adoption of Public Utilities Commi5sion discontinuance regulations. (a)The rules and regulations for discontinuance of electrical service promulgated by the Public Utilities Commission of the State,and as set forth in the Town’s tariff sheets implementing the rule and regulation of the Public Utilities Commission,as are on file with the Commission,referred to in this Title as the discontinuance regulations,are enacted,adopted by this reference and incorporated in this Chapter as if set out at length.Three (3)copies of such regulation are now filed in the office of the Town Clerk and one (1)copy is now filed in the office of the Director of the Power and Communications Department,and may be inspected during regular business hours. (b)For broadband service,the Department will provide by electronic means,first class U.S.mail or otherwise a written notice of proposed or completed discontinuance of service for actual or apparent violation of the broadband rules and regulations or terms of service as then currently written.The notice will advise the broadband customer the reason for discontinuance of broadband service,and, if applicable,the amount past due and the date by which the past due amount must be paid in order to avoid discontinuance of service.For the purposes of this chapter,amount past due means any sum overdue for or charge related to broadband service provided by the Department. Chapter 13.16-Electric Extension Policies 13.16.050 -Line extensions. (a)In all cases the facilities so provided shall be constructed in accordance with the Town’s standard specifications and shall be the Town’s property up to the point of delivery specified in the applicable Town’s rules and regulations. (b)In unusual circumstances where,because of the application of the terms of this policy,either the applicant or the Town would be unduly burdened;or where the extensions are deemed necessary or desirable for the development or protection of its territory;or where resale or wholesale customers are involved,the Town reserves the right to deal with such unusual situations independently on their own merits and without reference to the provisions of this policy. (c)The Town may establish special rates for service from an extension providing for the payment of either a fixed charge per customer in addition to the general rates applicable,or a special minimum in case a fair return on the Town’s investment is not anticipated. (d)All electric line extension construction shall conform to prevailing standards,based on present-day construction methods and practices,and shall conform to all safety requirements,the work being done in a safe and workmanlike manner.The estimated cost,which shall include all material,labor, engineering,rights-of-way,tree trimming,incidental and overhead expenses necessary to protect the Town’s existing system so as to adequately supply the required electrical service,shall be based on the standards but in addition shall include special allowance for items which may be required to meet local construction conditions.Discretion as to character of construction,the capacity required and the route selected for an extension shall rest with the Town, 0 0 (e)The applicant shall execute the Town’s standard right-of-way agreement granting free of charge to the Town such rights-of-way across the applicant’s premises as may be required for poles,anchors and other construction work necessary for rendering the service requested by the applicant. (f)The date of service shall be declared as the date the applicant first receives service under the classification requested by the applicant. (g)Where there is more than one (1)customer on an extension,the guarantee of each individual customer may be determined by any method satisfactory to the customers,or may be determined by the Town in general proportion to the cost of construction necessary to serve each customer. (h)In all cases where additional customers desire service from an extension already built on an open contract,the amount of guarantee necessary and its apportionment among customers shall be adjusted on the basis of existing and proposed new customers.If the addition of new customers reduces the guarantee required of existing customers,advanced construction deposits made by new customers will be credited to existing customers’accounts in direct proportion to the amount originally advanced.If the inclusion of new customers increases the amount of guarantee required of existing customers,the extension necessary for the new customers will be calculated separately as a new extension and according to provisions in preceding paragraphs.