HomeMy WebLinkAboutMINUTES-06/03/1975-RegularJ06
µ.
June 3, 1975
COUNCIL OF '11111- CTPY OF FORT COLLINS, COLORADO
Cetmcil-Manager Form of Government
Regular Meeting - 5:30 P.M.,
A Regular Meeting of the Council of Foist Collins was held on Tuesday, June
3, 1975 at 5:30 P.M. in the Council Chamber in the City of Fort Collins City
Hall. Mayor Russell called the meeting to,order. Present: Council members
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson.
Absent: None.
Staff members present: Brunton, DiTullio, Cain, Case, Bingman, Kaplan and
Lewis.
Also: City Attorney March -
Approval ,of Minutes of Regular Meeting of
May 6, 1975 and Special Meeting of May 13, 1975
Councilman Wilkinson made a motion, seconded by Councilman Bloom, to approve
the Minutes of the Regular Meeting of May 6, 1975 and Special Meeting of May
13, 1975 as published. Yeas: Council members Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
Ordinance adopted on Second Reading as
amended, Amending the Fire Code
Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to -amend
Ordinance No. 28, 1975 by deleting the language contained under Section
15.103 and by substituting therefor the word "deieted". Yeas: Council
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None.
Councilman Bowling,made a motion, seconded by Councilman Bloom, to -adopt
Ordinance No. 28, 1975 as amended on Second reading: Yeas: Council members
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 28, 1975
BEING AN ORDINANCE ADOPTING A FIRE PREVENTION
CODE; NAMELY, THE UNIFORM FIRE CODE PROMULGATED
BY THE WESTERN FIRE CHIEFS' ASSOCIATION AND THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS,
1973 EDITION, AND PROVIDING FOR THE PROTECTION
OF THE PUBLIC HEALTH AND SAFETY, PRESCRIBING -
REGULATIONS GOVEP1,TING CONDITIONS HAZARDOUS TO
LIFE, SAFETY AND PROPERTY, ESTAB"LISHING;.A FIRE
PREVENTION BUREAU, AUTHORIZING THE CHIEF OF THE
FIRE DEPARTMENT TO MAKE AND ENFORCE RULES AND
REGULATIONS FOR THE PREVENTION AND.CONTROL OF
FIRES AND FIRE HAZARDS, ESTABLISHING A BOARD OF
APPEALS AND REPEALING SECTIONS 50-1 TF:ROUi;u
50-6 INCLUSIVE OF THE CODE.OF THE CITYOF FORT
COLLINS
306
307,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
' Section 1. Pursuant to the authority conferred by Section 7,
Article II of the Charter of the City of Fort Collins and the
laws of the State of Colorado, there is hereby adopted by the
City of Fort Collins for the purpose of providing for the pro-
tection of the public heath and safety from the hazards of fire
and explosion, that certain code known as the Uniform Fire Code
promulgated -by the Western Fire Chiefs' Association and the.
International Conference of Building Officials, being particularly
the 1973 Edition thereof, and the whole thereof, including
Articles I through 36, inclusive, save+)and except as any portion,
of said code is hereinafter.deleted, modified or amended (by
Section 2 of this ordinance) of which code not less than three
rJ copies have been and now are in file in the office of the Clerk
=� of ,the'City of Fort Collins, and may be'inspected at regular
business hours or purchased at a price not to exceed $7.00 per
copy, and the same is hereby adopted and incorporated as fully
as if set out at length herein and from the date on which this
ordinance shall take effect, the provisions thereof shall be
,controlling•within the limits of the City of Fort Collins.
Section 2.. The followin- articles, sections, divisions,
subsections, appendices or parts thereof of the Uniform Fire
' Code are hereby -amended to read as follows: (The words "no
change" indicate that there has'been no change from the wording
of the applicable provisions of'the Uniform Fire Code; the word
"deleted" indicates that the applicable provision of the Uniform
Fire Code has been deleted.)
Section 1.207
(a) -No change
(b) All buildings,or structures which are
structurally unsafe or not provided with adequate
egress, or which constitute a fire hazard, or are
otherwise dangerous to human life, or which in
relation to existing use constitute a hazard to
safety or health, or'public,welfare,.by reason'
of inadequate maintenance, dilapidation, obsoles•-
cense, fire hazard, disaster damage,•.or abandonment,
as specified in this Code or any other effective
ordinance are for the purpose of this Section,
unsafe buildings. All.such unsafe buildings are
hereby declared to be public nuisances and shall
be abated by repair, rehabilitation, demolition,
or removal in accordance with the provisions of
the laws and ordinances of the City...
Section 1.215.
In order to determine the suitability of alternate
-..materials and tvpe of construction and to provide
307
for reasonable interpretations of the provisions of
this Code there shall be, and hereby is, created a
Board of Appeals to be known as the Fire Board of '
Appeals. The members of the City of Fort Collins
Building Board of Appeals, as appointed from time
to time, shall constitute the Fire Board of Appeals.
The Fire Chief, or his designated representative,
shall attend the meetings of such board. The board
shall adopt reasonable rules and regulations for
conducting its investigations and shall render all
decisions and findings in writing to the Fire Chief,
with a duplicate copy to the appellant and may
recommend to the executive body such new..legisla-
tion as is consistent therewith.
Section 1.216.
Whenever this Code is inapplicable for any reason
to any situation involving the protection of persons
and property from the hazards of fire and explosion,
the materials, methods of construction, installations,
practices, or operations necessary to provide such
protections shall, to a reasonable degree, be in
accordance wi.th nationally recognized and accepted
stand: cols, pri.ncii•Ie;; and tests and generally
recognized and well established methods of fire
prevention and control, as set forth in the following
publications by recognized national authorities '
and technical or scientific organizations, which
are adopted by reference as part of this Code as
though set forth herein in full.
NATIONAL FIRE PROTECTION ASSOCIATION
60 Batterymarch Street, Boston, Mass. 02110
NFPA STANDARDS
10 Installation, Portable Fire Extinguishers, 1974
10A Maintenance, Use, Portable Fire Extinguishers,
13 Sprinkler Systems, Installation, 1974
13A Sprinkler Systems, Care, Maintenance, 1971
14 Standpipe and Hose Systems, Installation, 1974
30 Flammable and Combustible Liquids, 1973
33 Spray Finishing Using Flammable and Combustible
materials, T973
58 Liquified Petroleum Gases, Storage and Handling,
501B Standard for Mobile Homes, 1974
96 Restaurant Hoods and Vents, 1973
101 Life Safety Code, 1973
Section 1.403
ADMINISTRATOR shall mean the City Manager of the
City of Fort Collins.
1973
1974
[1
308
309
Section 1.405
CGA shall mean Compressed Gas Association.
Cargo Tank shall mean any container having a liquid
capacity in excess of 120 gallons, used for the carrying
of flammable or combustible liquids, LP gas, or
hazardous chemicals, and mounted permanently or
otherwise upon a tank vehicle. The term "cargo
tank" does not apply to any container used solely
for the purpose of supplying fuel for propulsion
of the vehicle upon which it is mounted.
Cellulose Nitrate Plastics (Pyroxylin) shall mean
any plastic substance, material or compound, or gun-
cotton or other explosive covered'by Article 11,
having cellulose nitrate as a base or whatever
name known, when in the form of blocks, slabs,
U
sheets, tubes or fabricated shapes.
:z] Chief or Chief of the Fire Department shall mean
W the Chief Officer of the Fire Department serving the
jurisdiction, or his authorized representative.
Chief of the Bureau of Fire Prevention shall mean
the head of the Fire Prevention Bureau.
Chief Engineer shall mean Chief.
Chief of Police or Police Department shall mean
the chief law enforcement officers of the jurisdiction
or his autLori;i;rl tcnresentative.
Closed Container shall mean a container so sealed
' by means of a lid or other device that neither liquid
nor vapor will escape from it at ordinary temperatures.
Combustible Fibres shall mean and include readily
ignitable and free burning fibres, such as cotton,
sisal, henequen, ictle, jute, hemp, tow, cocoa fibre,
oakum, baled waste, baled wastepaper, kapok, hay,
straw, excelsior, Spanish moss, and other like
materials.
Combustible Liquid shall mean any,liquid having a
flash point at or above 1400 F., and below 2000 F.,
and shall be known as Class III liquids.
Combustible Waste Matter shall mean magazines,
books, trimmings from lawns, trees, flower gardens,
pasteboard boxes, rags, paper, straw, sawdust,
packing material, shavings, boxes and all rubbish
and refuse that will ignite through contact with
flames or ordinary temperatures.
Compressed Gas shall mean and include any mixture
or material having in the container .either an absolute
pressure exceeding 40 pounds per square inch at 70°F.,
or an absolute pressure exceeding 1O4.pounds per
square inch at 130°F., or both; or any liquid flammable
material having a -vapor pressure as defined in
' Section 1.424 exceeding 40 pounds per square inch
at 100°F.
309
al0
Container shall mean any can, bucket, barrel,
drum or portable tank (except stationary tanks),
tank vehicles, and tank cars.
Conversion Oil Burner shall mean a burner for '
field installation in heating appliances such as
boilers and furnaces. It must be furnished with a
primary safety control. Under special circumstances
it may be installed for firing ovens, water heaters,
ranges, special furnaces and the like. A burner of
this type may be a pressure atomizing gun type, a
horizontal or vertical rotary type or a mechanical
or natural draft vaporizing type.
Conversion Range Oil Burner shall mean an oil
burner designed to burn kerosene, range oil or similar
fuel. This burner is intended primarily for installa-
tion only in a stove or range, a portion or all of
which originally was designed for the utilization of
solid fuel and which is flue -connected.
Corporation Counsel shall mean the City Attorney
of the City of Fort Collins.
Corrosive Liquids shall mean and include those
acids, alkaline caustic liquids, and other corrosive
liquids which, when in contact with living tissue,
will cause severe damage of such tissue by chemical
action; or are liable to cause fire when in contact
with orani_c or with certain chemicals.
Crude Petroleum shall mean hydrocarbon mixtures
that have a flash point below 150°F. and which have '
not been processed in a refinery.
Section 1.407
Electrical Code shall mean the electrical code of
the City of Fort Collins, Colorado.
Executive Body shall mean the City Council of the
City of Fort Collins. Colorado.
Exit is a continuous and unobstructed means of
egress to a public way, and shall include intervening
doors, doorways, corridors, exterior exit balconies,
ramps, stairways, smokeproof enclosures, horizontal
exits, exit passageways, exit courts, and yards.
Explosive shall mean and include any chemical
compound or mechanical mixture, that is commonly used
or intended for the purpose of producing an explosion,
that contains any oxidizing and combustible units, or
other ingredients, in such proportions, quantities,
or packing, that an ignition by fire, by friction,
by concussion, by percussion, or by detonator of
any part of the compound or mixture may cause such
a sudden generation of highly heated gases that the
resultant gaseous pressures are capable of producing
destructive effects on contiguous objects or of
destroying life and limb. '
Section 1.412
Jurisdiction as used in this Code shall mean the
City of Fort Collins..
310
311
1
1
1
Jurisdictional Area shall mean the territory of
the City of Fort Collins.
Section 1.423
U.L., Inc., shall mean Underwriters' Laboratories,
Inc.
U.S.B.M. shall mean United States Bureau of Mines.
Uniform Building Code shall mean the Building Coda
of the City of Fort -Collins.
Uniform Mechanical Code shall mean the Mechanical
Code of the City of Fort Collins.
Uniform Plumbing Code shall mean the Plumbing Code
of the City of Fort Collins.
Section 2.102 Deleted
Section 3.102 Deleted
Section 3.104 Deleted
Section 3.107
Access to Area. Section 3.107. No motor vehicle,
or any part thereof, junk or other waste material
shall be stored, displayed or kept in such a manner
as to hinder or endanger fire -fighting operations.
Section 4.102 Deleted
Article 5 Deleted
Section 6.101
Definition. :Section 6.101. CELLULOSE NITRATE
PLASTICS (PYROXYLIN) shall mean any plastic substance,
material or compound, or guncotton or other explosives
covered by Article II, having cellulose nitrate as
a base by whatever name known when in the form of
blocks, slabs, sheets, tubes or fabricated shapes.
Section 6.102 Prohibited Cellulose nitrate plastics
shall not be so e d for sale, stored or used for
manufacturing or otherwise in the City of Fort Collins.
Section 6.103 Deleted
Se Lion 6.104 Deleted
Section 6.105 Deleted
Section 6.106 Deleted
Section 7.102 Deleted
Section 8.103 Deleted
Section 9.102 Deleted
Section 13.303
(a) Vaporizing Liquid
of used in any location
(b) Deleted
Section 13.306 Deleted
Section 13.307 Deleted
Section 13.314
Extinguishers shall not be installed
of the City.
(a) When required. Basement pipe outlets.shall be
installed in the first floor of every store, warehouse
or factory having cellars or basements.,
Section 14.102 Deleted
Section 15.103 Deleted
Section 15.217
(a) No change
311
312
(b) No change
(c) •Deleted
(d) Deleted
(e) No change
(f) No change
Section 1S.215
(a) No change
(b) No change
(c) Fill openings.
located outside of
The fill -pipe opening shall be
any building. For flammable and
1
combustible liquid storage, the fill -pipe shall be
not less than5 feet from any door or cellar opening.
The fill -pipe opening shall be closed and liquid
tight when not in use. Fill -pipe for filling.by
tank car or tank truck shall not be larger than 4
inches nominal inside diameter and shall not be
constricted. In automobile service stations, all
fill -pipes shall have a tight connection with the
transport or tank truck delivery lines permitting
the type delivery required by Section 15.1104(h)'.
Section 15.704
(a) No change
(b) Supervision. Every service station open to the
public shall have an attendant or supervisor on duty
whenever the station is open for business.
1. If the dispensing of Class I liquids at a servi
station available and open to the public is to be done.
by a person other than the service station attendant,
the nozzle shall be a listed automatic closing type
without latch open device.
(c) Location.
1. Dispensing devices at automobile service
stations shall be located at least 25 feet from any
.-adjoining street line (measured at the curb) and at
least 40 feet from all other property lines.
2. Dispensing devices at automobile service
stations shall be located no less than 20 feet from
any building which is not of fire resistive construction.
Such dispensing devices shall also be located so .
that the nozzle, when the hose is fully extended,
shall not reach within 5 feet of any building opening.
3. No change
4. The site of all automobile service stations
shall be so graded that all drainage is away from any
buildings on the site and any adjoining buildings or
in a private storm sewer.
5. Except for pump islands which are in direct
line with each other, there shall be a minimum distar
between pump island of.15 feet. '
(d) No change
(e) No change
312
313
P
9
1
(t) Special Type Dispensers. Approved special dis-
pensing system:; such as, but not limited to, coin -
operated and remote preset types are permitted at
service stations, provided there is at least one
qualified attendant on duty while the station is
.open to the public. The attendant's primary function
shall be to supervise, observe and control the dis-
pensing of Class I liquids while said liquids are
being dispensed. It shall be the responsibility of
the attendant to prevent the dispensing of Class I
liquids into portable containers not in compliance
with Section 15.703(d), control sources of ignition,
and to immediately handle accidental spills and fire
extinguishers if needed.
1. The attendant or supervisor on duty shall be
capable of performing the functions and assuming the'
responsibilities covered in Section 15.704(Q , and
he shall have an unobstructed view of all dispensing
equipment at all times so that he can observe all
'-dispensing of gasoline on the premises.
2. Emergency controls shall be installed at a
location approved by the Chief, but controls shall
be not more than 100 feet from dispensers. Such
:._.__controls shall be capable of shutting off any or
all pumps at any time.
3.. No change
4. No change
.5. Ready access, approved by the Chief,.shall be
.provided from the attendant's observation point to the
pumps.
6. The layout of the site and all equipment
thereon must be approved by the Chief, and he may
impose such additional requirements as he deems
necessary for the protection of the public.
Section 15.1101 Deleted
Section 15.1104
(a) No change
(b) No change >.
(c) No change
(d) No change
(e) No change
(f) No change
(g) No change
(h) Delivery to underground tanks of service. stations
shall be made by means of mechanically tight con-
nection between the hose and the fill -pipe.
Section 15.1105
Smoking by tank vehicle drivers, helpers „repairmen
or other personnel is prohibited while they are making
deliveries, filling or making repairs to tank vehicles.
313
;11
Section 15.1.302 Deleted
Section 16.102 Deleted '
Section 17.102 Deleted
Section 17.104
Notification of Fumigation. The Chief shall be
notified in %•rriting at least 2.4 hours before any
building or structure or ship is to be closed in
connection with the use of any toxic or flammable
fumigant, or before any fumigation or thermal insecti-
cidal fogging is carried on.
Section 18.102 Deleted
Section 19.102 Deleted
Section 20.102 Deleted
' Section 21.101 Deleted
Section 21.102
(a) No change
(b) No change
(c) Permanent lumber storage shall 'be surrounded
with a suitable fence at least six feet high, unless
storage is within a building.
Section 21.103
(a) Deleted
..(b) No change
(c) No change
(d) No change
Section 23.101 Deleted
Section 23.104
Match Bins Required. Where shipping containers con-
taining matches are opened, the contents of such broken
containers shall be removed and stored in metal or
metal -lined bins equipped with self -closing metal
or metal -lined covers. The foregoing shall not
apply to safety matches.
Section 23.105
Storage by Retailers. Where matches are sold at
retail, original sealed packages may be stored on
_shelves. When such packages are broken, individual'
boxes shall be stored in metal or metal -lined bins
as described in Section 23.104. The foregoing shall
not apply to safety matches.
Section 24.106
(a) No change
(b) No change
(c) No change
(d) Unvented heating appliances shall be equipped
with integral tanks of capacity not more than 2 gallons..
Unvented heating appliances shall not be permanently
installed in any location.
Section 25.102 Deleted '
Section 26.101 Deleted
314
315
Article 27 - Division 1 -Deleted
Section•27.302
(a) No change
(b) It shall be unlawful for any person to give,
signal, or transmit or for any person to cause or
permit to be given, signaled, or transmitted,.in any
manner any false alarm, knowing the same to be false.
Section 28.101 Deleted
Section 32.102 Deleted
: Section 32.105 Deleted
*.Section 33.102 Deleted
�fJ Section 33.201
(a) Construction of Aircraft Refuelers. Tank vehicles
shall be designed and constructed in accordance with
NFPA pamphlet No. 385, "Tank Vehicles for Flamable
ij Liquids."
Section 34.103 Deleted
Section 36.103 Deleted
Appendix A - Deleted
Appendix D - No change; however, the inclusion of this
Appendix shall not be construed as an adoption of'.
the Standards and Publications therein mentioned.
Appendix E - Deleted
' Appendix F - Deleted
Section 3. Any person who shall violate any of the provisions
of this code, or who shall fail to comply with any of said pro-
vision, or who shall violate or fail to comply with any orders
made hereunder., or who shall act in any way in violation of any
permit issued hereunder shall severally and for each and every
violation and noncompliance respectively be guilty of a misdemeanor,
punishable as provided in the Code of Ordinances of the City of
Fort Collins. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue,and all
persons shall be required to correct or remedy the violation or
defects within a reasonable time and when not otherwise specified
each ten days that prohibited conditions are maintained shall
constitute a separate offense. The application of any penalty
pursuant hereto shall not be held to prevent the enforced removal
of prohibited conditions nor the suspension or removal of a permit
or license issued hereunder.
Section 4.
a. The limits referred to in Section 15.201 of the Code
herein adopted in which storage of flammable or combustible liquids
in outside, above ground tanks is prohibited are hereby established
as follows: All areas in the city zoned in'the ki-B Highway
Business District, the B-G General Business District, the B-L
Limited Bussness District, or the B-P Planned. Business District
under the zoning ordinance of the City of Fort Collins.
315
316
b. The limits referred to in Section 2,0.105(a) of the
Uniform Fire Code in which bulk storage of liquified petroleum
gas is restricted are hereby established as.follows: All of the
City of Fort Collins except areas zoned C - Commercial or for
industrial use under the City zoning.ordinance.
c. The limits referred to in Section 11.106(b) of the
Uniform Fire Code in which storage of explosives and blasting.
agents is prohibited are hereby established as follows: All of
the City of Fort Collins except any area zoned I-G, General
Industrial under the City zoning ordinance..
. Section 5. Whenever the Chief shall disapprove any applica-
tion made pursuant to this code or refuse to grant a permit
applied for hereunder, or when it is claimed that the provisions
of this Code do not apply or that the true intent and meaning
of this Code have been misconstrued or wrongly interpreted, or,
when any person requests a variance from the literal terms of
this code, the applicant or person affected may appeal the decision
of the Chief to the Board of Appeals established pursuant to
Section 1.215 of this code. Such Board shall have the power to
vary or modify any requirement made. by the Chief hereunder,
provided an appeal to the Board is made within 30 days of the
date of the action complained of. Within 15 days after the date
of final action of the Board of Appeals either the Chief or the
person affected may appeal to the .City Council by filing a notice
of such appeal with the City Clerk.
Section 6: Certain other standards.or codes are adopted by
the Uniform Fire Code, as follows:
a. National Fire Protection Association standards
promulgated by National Fire Protection Association, 60 Battery -
.march Street, Boston, Massachusetts, 02110, as follows:
Standard No. Subject Matter
Date of Adoption
10
Installation, Portable Fire
Extinguishers
10A-
Maintenance, Use, Portable Fire
Extinguishers
13
Sprinkler Syste::is, Installation
Sprinkler Systems, Care, Maintenance
.13A
14
Standpipe and Hose Systems,
_
Installation
30
Flammable and Conbustible Liquids
33
Spray Finishing Using Flammable and
Combustible Materials
'58
Liquified Petroleum Gases, Storage'
and Handling
96
Restaurant Hoods and Vents
101
Life Safety Code
501B
Standard for Mobile Homes
,:1974
1973
1974
1971
1974
1973
1973 •
1974
1973
1973'
1974
7
LJ
1
316
317
At least three copies of such standards have. been certified as
true copies and have been and now are on file in the office of
the City Clerk. Said standards set forth nationally recognized
and accepted standards in connection with their subject matter
for the preventation of fire, explosion and associated perils.
Section 7. Sections 50-1 through 50-6, inclusive, of the
Code of the City of Fort Collins, and any code adopted thereby
are hereby repealed.
Section 8. The City Council hereby declares that should
+n any section, paragraph, sentence, word 6r other portion of this
�0 ordinance or the Code hereby adopted be declared invalid for any
reason, such invalidity shall not affect any other portion of
ythis ordinance or said code and the City Council hereby declares
;4 that it would have passed all other portions of this ordinance
and adopted all other portions of said code, independent of the
elimination herefrom of any such portion which may be declared
invalid.
Introduced, considered favorably on.first reading, and .
ordered published this day of f!j A.D. 1975,
.and to be presented for final passage on the !day*of
A.D. 1975.
1
ATTEST: ;Mayor
City Clerk
0 Passed and adopted on final reading this •day.of
_ i . A.D. 1975.
ATTEST:
71
City Cierk
or -
First reading: May 6, 1975 (Vote
Second reading: June 3, 1975 (Vote
Publishing dates: May 11 and June 8, 1975
Attees
City Clerk
317
Yeas:. 6, Nays: 0)
Yeas: 7, Nays: Q)
Ordinance adopted on first reading pertaining
to Water Allotment Contract with Municipal '
Subdistrict, Northern Colorado Water Conservancy
District
O y
At the time the City Council elected to proceed with the Joe Wright
Reservoir Project, we decided our water utility could not financially
proceed with the Six City Windy Gap program under the auspices of the
Municipal Subdistrict of the Northern Colorado Water Conservancy Dis-
a trict. We did, however, request that our interest in this project be
transferred to the Platte River Power Authority. The PRPA will need water
for a possible additional power plant project to be constructed in the next
decade. Since we are the largest user of PRPA power, and since its
future planning and projects are vitally important to the City of Fort
Collins, we believe we should transfer our rights to PRPA'.
We have been discussing for some time the legal authority of the City to
transfer its rights to some other body. Our City Attorney has been working
for over a year with city attorneys of other municipalities in the Six
City Windy Gap water project and the four cities inthe Platte River Power
Authority, along with the attorney for Platte River, to determine the
legality and the method of this transfer. Under the proposed transfer
arrangement, the City's water utility might get some future benefits and;
as stated before, it would be extremely important to the future of PRPA.
Our City Attorney has informed us that the City will have to adopt ,
Ordinance No. 31 applying for an allotment contract for the beneficial
use of eighty units, which is one -sixth of the Windy Gap project. Prior
to the passage of this ordinance on second reading, we would obtain
a transfer contract with PRPA. After final passage, we would work with
the Subdistrict Board and the.'ioard of the Northern Colorado Water Con-
servancy District to approve ti:is transfer. This is still a fairly com-
plicated legal matter. Our City Attorney will explain the situation at
greater length at the Council meeting.
Councilwoman Reeves inquired into the taxing powers of the subdistrict.
City Attorney March reported that the state law allows the subdistrict to
tax. It has always been envisioned that Platte River Power Authority
would assume all payments and it has been agreed that no tax would be
imposed and the contract has been drawn to reflect that.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to
adopt Ordinance No. 31, 1975. Yeas: Council members Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Ordinance adopted on second reading
amending the Code relating to Garbage
and Trash Collection '
Councilman Bowling again requested clarification of a letter sent to area
residents from Poudre Refuse Billing Service setting out rules and
regulations for the present rate.
318
319
City Attorney March stated he had attempted to converse with the Attorney
for the Trash Haulers on this item but the Attorney had not called him back.
Mr. March stated that basically, the letter outlined four points, all
allowed under the ordinance dealing (1) with the size and placement of
containers, the placement location of the container, (2) the number of
bags or containers, (3) charges for call-backs, and (4) the time in which
the trash should be put out to assure pickup.
It was the consensus of the Council and the administration that a news
release would be sent to the City residents, informing them of ordinance
provisions.
Councilwoman Reeves made a motion, seconded by Councilwoman Gray, to
i!J adopt Ordinance No. 32, 1975 on second reading. Yeas: Council members
Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
U
,x 7
:sa
ORDINANCE NO. 32 1975
BEING AN ORDINANCE AMENDING SECTION 54-16
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE COLLECTION AND REMOVAL OF
GARBAGE AND TRASH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
That Section 54-16 of the Code of the City of Fort Collins
be, and the same hereby is, amended by deleting the last
sentence.thereof and.by substituting therefor the following:
"The provisions of this section relating to
removal of garbage or trash by the City and
the assessing of the cost thereof against the
owner, agent, tenant, purchaser, or lessee
of the premises shall be in addition to and
not exclusive of the penalty provisions pro-
vided for in this article, and a violation
of the provisions of this article shall be
punishable as therein set forth."
Introduced, consider favorably on first reading, and
ordered published this �_ day of Ma A.D. 1975, and to be
presented for final passage on the day of
A.D. 1975.
ATT Maybe-
7
i v erk
319
320
Passed and adopted on final reading this day of
A.D. 1975.
AMayor
7
City Clerk
First reading: May 6, 1975 (Vote: Yeas: 6, Nays: 0)
Second reading: June 3, 1975 (Vote: Yeas: 7, Nays: 0)
Dates published: May 11, 1975 and June 8, 1975
Attu/City. Clergy V
Fmergency Ordinance adopted establishing
Platte River Power Authority as separate
Govermental Agency
Mayor Russell inquired into the provision of the Ordinance found on Page
4, Section 2.3.4 REMOVAL: (of Director). City Attorney March stated the
Council could remove a erector at any time "with or without" cause.
Councilman Wilkinson made a motion, seconded by Councilwoman Gray, to adopt
the ordinance. Yeas: Council members Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
ORDINANCE NO. 33 , 1975
BEING AN ORDINANCE CONCERNING THE DEVELOPMENT
AND ACQUISITION OF ELECTRIC POWER AND ENERGY;
AUTHORIZING THE CREATION OF THE PLATTE RIVER
-POWER AUTHORITY AS A SEPARATE GOVERNMENTAL
ENTITY AND AS A SUCCESSOR TO THE EXISTING NON-
PROFIT CORPORATION OF THE SAME NAME; AUTHORIZING
THE MAKING OF AN ORGANIC CONTRACT THEREFOR;
CONFIRMING THE CONTINUATION OF CERTAIN EXISTING
CONTRACTS, AGREEMENTS AND RESOLUTIONS; AND
DECLARING AN EMERGENCY
E
1
1
320
321
WHEREAS, the City of Fort Collins, Colorado, and the Town
and Cities of Estes Park, Longmont and Loveland, Colorado
(hereinafter collectively referred to as the "Municipalities"),
heretofore created the Platte River Power Authority, a Non -Profit
Colorado Corporation (hereinafter referred to as the "Non -Profit
Corporation") as their agency and instrumentality to supply
their electric power and energy requirements, and at the present
time the Non -Profit Corporation supplies the wholesale electric
power and energy requirements of the Municipalities; and
WHEREAS, the Non -Profit Corporation will not be able to
!rj
obtain a ruling from the Internal Revenue Service that interest
X
payment on bonds of the Non -Profit Corporation will for federal
J
income tax purposes be excluded from the gross income of the
recipient in time to enable the Non -Profit Corporation to
Waccomplish
the long-term financing necessary to meet its
financial obligations for the Yampa Project; and
WHEREAS, the Municipalities now desire to avoid the need
for such a ruling by the Internal Revenue Service and pursuant
to the provisions of Section 29-1-203.1, C.R.S. (1973), which
was enacted by the 1975 General Assembly, to contract together
to establish a separate governmental entity to be the successor
to the Non -Profit Corporation; and as such successor to continue
to supply the wholesale electric power and energy requirements
of the Municipalities.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS:
Section 1. That the City of Fort Collins contract with
the other Municipalities to establish a separate governmental
entity to be known as the Platte River Power Authority (herein-
after referred to as the "Authority") by the execution and
delivery of the ORGANIC CONTRACT ESTABLISHING PLATTE RIVER
POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY (the "Organic
Contract") in the following form:
ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER
AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY'
THIS CONTRACT, made and entered into this 31_, - day of
1975, by and among the parties to this Contract which are:
CITY OF FORT COLLINS, COLORADO, a municipal.corporation of the
State of Colorado ("Fort Collins"), CITY OF LOVELAND, COLORADO,
a municipal corporation of the State of Colorado ("Loveland"),
321
3.22
CITY OF LONGMONT, COLORADO, a municipal corporation of the State
of Colorado ("Longmont"), TOWN OF ESTES PARK, COLORADO, a munici-
pal corporation of the State of Colorado ("Estes Park") and the
PLATTE RIVER POWER AUTHORITY, a non-profit corporation of the State
. of Colorado (the "Non -Profit Corporation"). When specificity is
not required, individual municipal corporations which are parties
hereto will hereinafter be referred to as a "Municipality" and
all of such municipal corporations will hereinafter be collectively
referred to as the "Municipalities",
WITNESSETH:
WHEREAS, Fort Collins owns and operates a municipal elec-
tric system which supplies electric power and energy at retail
EJ
to users located within the city limits of Fort Collins; and ,
WHEREAS, Loveland owns and operates a municipal electric
system which supplies electric power and energy at retail to users
located within the city limits of Loveland and the adjacent service
area of the Loveland electric system; and .
WHEREAS, Longmont owns and operates a municipal electric
system which supplies electric power and energy at retail to users
located within the city limits of. Longmont and the adjacent service
area of the Longmont electric system; and
WHEREAS, Estes Park owns and operates a municipal elec-
tric system which supplies electric power and energy at retail to
users located within the town limits of Estes'Park:and the adjacent
service area of the Estes Park electric system; and
322
1
3T3
WHEREAS, the Municipalities heretofore created the lion -
Profit Corporation as their agency and instrumentality, to supply
their electric power and energy requirements, and at the present
time the Non -Profit Corporation supplies essentially all of the
wholesale electric power and energy requirements of the Municipal-
ities; and
WHEREAS, the Municipalities now desire, pursuant to the
provisions of C.R.S. (1973) §29-1-203.1, to establish a power .au-
thority as a separate governmental entity to be the successor to
the Non -Profit Corporation and as its successor to continue to sup-
ply the wholesale electric power and energy requirements of the
Municipalities.
NOW, THEREFORE, the Parties agree as follows:
1. EFFECTIVE DATE: This Contract shall become effective
when it has been duly executed and delivered on behalf of all
the Municipalities.
2. ESTABLISHME14T OF I'LATTE RIVER POWER AUTHORITY: The
Municipalities do hereby establish a separate governmental
entity, to be known as Platte River Power Authority (the
"Authority"), to be used by the Municipalities to effect the
development of electric energy resources and:the production
and transmission of electric energy in whole..or in part for
the benefit of the inhabitants of the Municipalities..
2.1 PURPOSE: The purpose of the Authority is to con-
duct its business and affairs for the benefit of the Munici-
palities and their inhabitants and to provide -the wholesale
electric power and energy requirements of the Municipalities.
323
324
02.2 FUNCTION OR SERVICE: The function or service to be
provided by the Authority is the supplying of the wholesale
electric power and energy requirements of the Municipalities b,'
- (i) Purchasing electric power and energy
from the United Stales Bureau of Re-
clamation or any other supplier,
(ii) Acquiring, constructing, owning, re-
constructing, improving, rehabilitating,
repairing, operating and maintaining
generating plants and transmission
systems, or interests therein, for the
purpose of delivering to the Municipal-
ities, to the extent of their require-
ments, electric power and energy gen-
erated thereby or purchased from other
suppliers,
(iii) Selling at wholesale to the Municipal-
ities the electric power and energy
which the Ntin.i.cipalities require,
(iv) Selling,, exchanging and otherwise dis-
posing of, under the most economically
advantageous terms and conditions ob-
tainable, any and all surplus power
and energy which the Authority owns
and produces or which it is obligated
by contract to purchase,
(v) Developing electric energy resources
and producing and transmitting electric
.energy in whole or in part for the bene-
fit of the inhabitants of the Munici-
palities, and
(vi) On rescission or termination of this
Contract to vest all right, title and
interest of the Authority in on to all
of its property and assets in the Munici-
palities.
2.3 BOARD OF DIRECTORS: The governing body of the Author-
ity shall be a Board of Directors in which all legislative
power of the Authority is vested.
2.3.1 NUIBLR: The number of Directors shall be four.
324
325
2.3.2 APPOINTMENT: The governing body of each of the
, Municipalities shall appoint one member to the Board of Direc-
tors.
2.3.3 TERM: The term of the Director appointed by Estes
Park shall expire on December 31, 1975, the term of tiie Direc-
tor appointed by Fort Collins shall expire on December 31,
1976, the term -of the.Director appointed by Loveland shall
x expire on December 31, 1977, and the term of the'Director ap-
pointed by Longmont shall expire on December 31, 1978. Their
rye
successors shall be appointed each for a term of four years
from the date of the expiration of the term for which his pre-
decessor was appointed and until his successor is appointed
and has qualified.
2.3.4 REMOVAL: Any Director appointed by the governing
board of a Municipality may he removed at any time by such
governing board, with or without cause.
2.3.5 VACANCIES: A vacancy occurring in the Board of
Directors, whether such varancy be the result of resignation,
death, removal or disability, shall be filled by the appoint-
ment of a successor.Director by the governing body of the Mu-
nicipality which appointed the Director whose office has become
vacant.
2.3.6 COMPENSATION: Directors shall not receive compen-
sation for their services, but the Board.of Directors may, by
resolution, provide for reimbursement to Directors of their
actual expenses for attendance at meetings of the Board of Di-
rectors and for expenses otherwise incurred on behalf of.the
Authority.
325
3 2-6
2.3.7 ANNUAL MEETINGS: An annual meeting of the Board
of Directors shall be held within the first 120 days in each '
year at such place in the City of Fort Collins, State of Colo-
rado, as shall be designated in the notice of the meeting, to
elect officers, to pass upon reports for the preceding fiscal
year, and to transact such other business as may come before
r
the meeting. If the day fixed for the annual meeting shall fall
on a legal holiday, the annual meeting shall be held on the
next succeeding business day. Failure to.hold the annual meeting
at a designated time, or failure to hold the annual meeting
in any year, shall not cause a forfeiture or dissolution or
otherwise affect the Authority.
2.3.8 REGULAR MEETINGS: The Board of Directors may, from
time to time, provide by un.-mimous resolution of all Directors ,
for the time and place for the holding of any regular meetings
without notice to Directors o::her than such resolution.
2.3.9 SPECIAL MEETINGS: Special meetings of the Board
of Directors may be called by the Chairman or any Director and
it shall thereupon be the duty of the Secretary to cause notice
of such meeting to be given as hereinafter provided. Special
meetings of the Board of Directors shall be held at such time
and place within the State of Colorado as shall be fixed by
the Chairman or the Director calling the meeting.
2.3.10 NOTICE OF MEETINGS: Written notice of the annual
or of any special meeting of the Board of Directors shall be
delivered to each Director not less than seen (7), nor more ,
than thirty-five (35), days before the date fixed for such
326
327
meeting, either personally or by mail, by or at the direction
_ r
of the Secretary, or, upon his default, by the person calling
'the meeting. If mailed, such notice shall be deemed to be de-
livered when deposited in the United States mail addressed to
the Director at his address as it appears on the, records of
the Authority, with postage thereon prepaid.
2.3.11 WAIVER OF NOTICE: Whenever any notice is required
r!J '
to be given to any Director of the Authority under the provisions
W
of law or this Contract, a waiver thereof in writing signed
W
by such Director, whether before or after the time stated therein,
u
shall be equivalent to the giving of such notice. Attendance
of a Director at any meeting of the Board of Directors shall
constitute a waiver by such Director of notice of such meeting
except when such Director attends such meeting for the express
purpose of objecting to the transaction of any business be-
cause the meeting is not lawfully called or convened.
2.3.12QUORUM: A majority of the number of Directors
then in office shall constitute a quorum for the transaction
of business; provided that, if less than a majority of the
Directors then in office is present at a meeting, a majority
of the Directors present may adjourn the meeting from time
to time; and, provided further, that the Secretary shall no-
tify ariy absent Directors of the time and place of such ad-
journed meeting. The act of a majority of the Directors pre-
sent at a meeting at which a quorum is present shall be the
' act of the Board of Directors.
2.3.13 VOTE IN CASE OF A DEADLOCK: In the event the
Board of Directors is deadlocked and unable to obtain a major-
327
.28
ity vote of the Directors present at a meeting at which a
quorum is present either in favor of or opposition to a mat-
ter being considered by the Board for action, any Director
may require a "Weighted Vote". A "Weighted Vote" shall then
be taken with each Director's vote being given the proportion
which:
(i). the dollar amount of electric power and
energy purchased from the Authority or
its predecessor during the twelve month
period endin„ with the close of thQ bil-
ling period for the month two months
prior to the month of the deadlocked
meeting and paid for by the Municipality
appointing such Director
bears to
(ii) the dollar amount of all electric power
and energy purchased and paid for by
the Municipalities from the Authority
or its predecessor during said twelve
month period.
The act of a majority of the "Weighted Vote" shall be the
act of the Board of Directors.
2.3.14 DUTIES: The duties of the Board of Directors
shall be:
(i) To govern the business and affairs of
the Authority.
(ii) To exercise all powers of the. Authority.
(iii) To comply with the provisions of parts
1, 5, and 6 of Article I of Title 29
of C.R.S. (1973).
(iv) To adopt a fiscal resolution, which com-
plies with statutory and other -restric-
tions imposed by law on the affairs of
the Authority, to govern the financial
transactions of the Authority, including
the receipt, custody and disbursement
of its funds, securities and other as-
sets, and to provide for the services
1
328
3`29
,of a firm of independent certified pub-
lic accountants to examine, at least
annually, the financial records and
accounts of the Authority and to report
thereupon to the Board of Directors.
(v) To keep minutes of its proceedings.
2.4 OFFICERS: The officers of the Authority shall be
a Chairman, Vice Chairman, Secretary," Treasurer, General Mana-
ger and such other officers and assistant officers as may
be authorized by the Board of Directors from time to time
J to perform such duties as may be approved by the Board of
3.7
Directors. The Chairman and Vice Chairman shall be members
of the Board of Directors, but other officers of the Authority
need not be members of the Board of Directors.
2.4.1 INITIAL ELECTION OF OFFICERS: At the first meeting
of the Board of Directors, the members of the Board of Directors
shall elect officers who shall serve as such officers of the
Authority until the next succeeding annual meeting of the
Board"of Directors and until their successors are elected
and qualified.
2.4.2 REGULAR ELECTIONS AND TERM OF OFFICE: The officers
shall be elected annually by the Board of Directors at the
annual meeting of the Board of Directors. If the election
of officers shall not be held at such meeting, such election
shall be held as soon thereafter as may be convenient. Vacan-
cies or new offices may be filled at any meeting of the Board
of.Directors. Each officer shall hold office until the next
' succeeding annual meeting of the Board of Directors and until
his successor is elected and qualified.
6 � a •
329
330
2.4.3 REMOVAL: Any officer or agent elected or appointed
by the.:Board of Directors may be removed by the Board of Director
with or.without cause, whenever in its, judgment the best interes
of the Authority will be served thereby.
2.4.4 DUTIES OF OFFICERS: In addition to duties desig-
nated by the Board of Directors, the duties of the officers
shall include the following:
2.4.4.1 CHAIRMAN: The Chairman shall preside
at all meetings of the Board of Directors and, ex-
cept as otherwise delegated by the Board of Direc-
tors, shall execute all legal instruments of the
Authority. When and while a vacancy exists in the
office of General Manager, the Chairman shall act
as the principal executive officer of the Authority,
and shall perform such other duties as the Board
of Directors may prescribe from time to time.
2.4.4.2 VICE CHAIRMAN: The Vice Chairman
shall, in the absence of the Chairman, or in the
event of his inability or refusal to act, perform
the duties of the Chairman and when so.acting shall
have all the powers of and be subject to all the
restrictions upon the Chairman. The Vice Chairman
shall also perform such other duties as may be pre-
scribed by the Board of Directors from time to time.
2.4.4.3 SECRETARY: The Secretary shall main-
tain the official records of the Authority, including
thi's Contract, Regulations adopted by the Board ,
of Directors, the minutes of meetings of. the Board
330
331
of Directors, and a register of the names and ad-
dresses of Directors and -officers, and shall issue
'
notice of mcetiu,;s, attest and affix the corporate
seal to all documents of the Authority, and shall
perform such other duties as the Board of Directors
may prescribe from time to -time.
2.4.4.4 TREASURER: The Treasurer shall serve
1.0
as financial officer of the Authority and shall,
U
pursuant to the fiscal resolution adopted by the
Board.of Directors governing _the financial trans-
actions of the Authority and the restrictions im-
posed by law, be responsible for the receipt, cus-
tody, investment and disbursement of the Authority's
funds and securities and for duties incident to
the office of Treasurer, and shall other
perform
duties as the Board of Directors may prescribe from
time to time.
z
2.4.4.5 GENERAL MANAGER: The General Manager
shall be the principal executive officer of the
Authority with full responsibility for the planning,
operations, and administrative affairs of the Author-
ity, and the coordination thereof, pursuant to poli-
cies.and programs approved by the Board of Directors
from time to time and shall be the agent for service
of process on the Authority.
2.4.5 BONDS OF OFFICERS: The Treasurer and any other
officer or agent of the Authority charged with responsibility
for the custody of any of its funds or property shall give
331
332
.bond in such sum and with such surety as the Board of Direc-
tors shall determine. The Board of Directors in its discretion
may also require any other officer, agent or employee of the
'
" Authority to give bond in such amount and with such surety
as it shall determine. The cost of such bond shall be an
expense payable by the Authority.
2.5 INDEMNIFICATION OF OFFICERS AND DIRECTORS: Each
Director and officer of the Authority, whether or not then
in office, and his personal representatives, shall be indem-
nified by the Authority against all costs and expenses ac-
tually and necessarily incurred by him in connection with
the defense of any action, suit or proceeding in which he
may be involved or to which he may be made a party by reason
of his being or having been such Director or officer, except
.
in relation to matters as to which he shall be finally ad-
judged in such action, suit or proceeding to be liable for
wilful or wanton negligence or misconduct in the performance
of duty. Such costs and expenses'shall include amounts
reasonably paid in settlement for the purpose of curtailing
the costs of litigation, but only if the Authority is ad-
vised in writing by its counsel that in his opinion the per-
son indemnified did not commit such wilful or wanton negli-
gence or misconduct. The foregoing right of indemnification
shall not be exclusive of other rights to which he may be
entitled as a matter or law or by agreement.``'.:
2.6 TERM OF CONTRACT: This Contract shall continue
in force and effect until June 30, 2015, and until there-
'
after terminated by any Municipality following not
less than six.(6) months written notice to the other Muni-
cipalities of its intention to terminate; PROVIDED, HOWEVER,
333
1
Lo
X
U
1
that this Contract may be amended, modified, rescinded or
-terminated at any .time by a written document approved and
executed by each and every Municipality which is a party
to this Contract, PROVIDED FURTHER, HOWEVER,.that this Con-
tract may not in any event be rescinded or terminated so
long as the Authority has bonds, notes, or other obligations,
outstanding, unless. provision.for full payment of such ob-
ligations, by escrow,or otherwise, has been made pursuant
to the terms of such obligations.
2.7 PROPERTIES: All assets and properties of the
Authority shall be held in trust for the purposes herein
mentioned, including the payment of liabilities of the
Authority.
2.8 DISTRIBUTION ON TERMINATION: In the event of the
rescission or termination of this Contract and the dissolu-
tion of the Authority, all the assets of the Authority shall
immediately vest in the Municipalities. The assets of the
Authority conveyed to each Municipality shall be that propor-
tion which the total dollar amount of electric power and
energy purchased and paid for by such Municipality from the
Authority and its predecessor during their corporate existence
bears to the total dollar amount of all electric power and
energy purchased and paid for by the Municipalities from
the Authority and its predecessor during their corporate
existence.
2.9 SEAL: The Corporate seal of the Authority shall
be in the form of a circle and'have inscribed thereon the
name bf the Authority and the words "Corporate 'Seal"',
333
3 34.
together with such insignia, if any, as the Board of Direc--
tors may authorize.
2.10 CONTRACTS: Except as otherwise provided by law,
the Board of Directors may authorize any officer or officers,
agent or agents, to enter into any contract, or execute and
deliver any instrument -in the name and on behalf of the
Authority.
2.11 CHECKS, DRAFTS, ETC.: All checks, drafts or other
orders for payment of money, and all notes, bonds or other
evidences of indebtedness issued in the name of the Authority
shall be signed by such officer or officers, agent or agents,
employee or employees of the Authority and in such manner
as shall from time to time be determined by resolution of
the Board of Directors. ,
2.12 DEPOSITS: All funds of the Authority shall be
deposited from time to time to the credit of the Authority,
pursuant to law, in such bank or banks as the Board of Direc-
tors may select.
2.13 FISCAL YEAR: The fiscal year of the Authority
shall be the calendar year.
2.14 PRINCIPAL PLACE OF BUSINESS: The principal place
of business of the Authority shall be in Fort Collins, Colo-
rado. Annually, on or"before the first day of February of
each year, and within thirty (30) days following any change,
the Authority shall file with the Division"of Local Govern-
1
334
335,
ment the name of the agent for service of process on the
' Authority and the address of the principal place of business
of the Authority.
3. GENERAL POWERS: The general powers.of the Authority
shall include the following powers:
3.1 ELECTRIC ENERGY: To develop electric energy re -
UM sources and produce and transmit electric energy in whole
-- or in part for the benefit of the inhabitants of the Munici-
:Q palities:
3.2 CONTRACTS: To make and enter contracts of every
kind with the Municipalities, the United States, any state
or political subdivision thereof, and any individual, firm,
association, partnership, corporation or any other organi-
zation of any kind.
3.3 AGENTS AND EMPLOYEES: To employ agents and em-
ployees.
3.4 FACILITIES: To acquire, construct, manage, main-
tain, or operate electric energy facilities, works, or im-
provements or any interest therein, including, without limi-
tation, to acquire, construct, reconstruct, improve, and
rehabilitate, repair, operate, and maintain (separately or
jointly) generating plants and transmission systems for the
purpose of delivering electrical power and energy generated
thereby to the Municipalities and any mine, well, pipeline,
plant, structure or other facility for the development,
535
336.
production, manufacture, storage, ! kcion or proces-
sing of fossil or nuclear fuel of :.if rji,d for use, in whole
or in major part,. in any of such g;• .e..ating plants, and any
railroad cars, trackage, pipes, eq:.,r,eIlc and any structures
or facilities of any kind used or c+ul in the transporting
of fuel to any of such generating pcuits, and to sell, de-
liver, exchange, and otherwise disDose of the power and
energy generated by said plants, a.�d any of the waste or
by-products therefrom, and to purcI-,ase, lease or otherwise
acquire and equip, maintain, operate, sell, assign, convey,
lease, mortgage, pledge and otherwise dispose of electrical
generating plants and transmission systems, together with
all lands, buildings, equipment, and all other real or per-
sonal property, tangible or intangible, necessary or inciden- '
tal thereto.
3..5 .PROPERTY: To acquire, hold, lease (as lessor or
lessee), sell, or otherwise dispose of any real or personal
property, commodity, or service including, without limita-
tion, to buy, lease, construct, appropriate, contract for,
invest in, and otherwise acquire, and to own, hold, maintain,
equip, operate, manage, improve, develop, mortgage, and
deal in and with, and to sell, lease, exchange, transfer,
convey and otherwise dispose of and to mortgage, pledge,
hypothecate and otherwise encumber real and personal property
of every kind, tangible and intangible.
3.6 CONDE3•L`IATION: To condemn property for public
use, if such property is not owned by.any public utility
'
and devoted to such public use pursuant to state authority.
3.7 DEBT: To incur debts, liabilities or obligations
and to borrow money and, from time to time, to make, accept,
endorse, execute, issue and deliver bonds, debentures, prom-
issory'notes, bills of exchange and other obligations of
x
the Authority for monies borrowed or in payment for property
:s7
acquired or for any of the other purposes of the Authority,
and to secure the payment of any such obligations by mort-
gage, pledge, deed, indenture, agreement, or other collat-
eral instrument, or by other lien upon, assignment'of, or
agreement in regard to, all or any part of the properties,
rights, assets, contracts, easements, revenues and privileges
'
of the Authority wherever situated.
3.8 LITIGATION: To sue and be sued in its own name.
3.9 SEAL: To have and use a -corporate seal.
3.10 RATES: To fix, maintain and revise fees, rates
and charges for functions, services or'facilities provided
by the Authority.
3.11 REGULATIONS: To adopt, by resolution, regulations
respecting the exercise of its powers and the carrying out
of its purposes.
3.12 AGENTS: To do and perform any acts and things
authorized by this section under, through, or' by means of
337
an agent, fiduciary or independent contractor of the United
- States or any state or political subdivision thereof.
'
r 3.13 JOINT OWNERSHIP: To own, operate, and maintain
real and personal property, and facilities in common with
others, as permitted by law, and to conduct joint, partner-
ship, cooperative or other operations with others and to
exercise -all of the powers granted in this Contract in joint
partnership or cooperative efforts and operations with others.
3.14- OTHER POWERS: To exercise any other powers which
are essential, necessary, incidental, convenient or conducive
to providing the wholesale electric power and energy require-
ments of the Municipalities.
4. POLITICAL SUBDIVISION: The Authority shall be a
political subdivision and a public corporation of the State
'
of Colorado separate from the Municipalities. It shall have .
the duties, privileges, immunities, rights, liabilities,
and disabilities of a public body politic and corporate.
5. DEBT NOT THAT OF MUNICIPALITIES: The bonds, notes,
and other obligations of the Authority shall not be the debts,
liabilities or obligations of the Municipalities.
6. REVENUE BONDS: The Authority is authorized to issue
bonds, notes or other obligations pursuant to the terms,
conditions and authorization contained in 1973 C.R.S.
§29-1-203.1 (7).
7. LIMITATIONS ON FUNDS: In addition to any other .
requirements' or limitations with respect to Funds of the
'
338
3;Su-
Authority, the limitations imposed by 1973 C.R.S. §32-1-701
'
shall be observed by the Directors and officers of the Authority
8. AUTHORITY IS SUCCESSOR: The Authority is hereby,
determined to be and shall be the successor to the Non -Profit
Corporation and the Authority is and shall be entitled to
all rights and privileges and shall assume all obligations
and liabilities of the Non -Profit Corporation under contracts
—
to which the Non -Profit Corporation is a party and which
J
=�
contracts are existing on the date the Authority is established.
As soon as practicable after the Authority has been established,
and the required approvals, if any, of the Colorado Public
Utilities Commission, lenders, joint participants or others,
as the case may be, have been obtained, the Non -Profit Corpo-
ration shall assign, transfer and convey all of its properties,
whether real or personal., tangible or intangible, to the
Authority and the Authority shall assume all obligations.
and liabilities of the Non -Profit Corporation. After such
succession and transition has been completed the Non -Profit
Corporation shall be dissolved.
9. CONTRIBUTIONS BY MUNICIPALITIES: The Municipalities
have accumulated a residual interest in the presently existing
Non -Profit Corporation composed of proprietary capital and
accumulated net revenues which aggregated $1'109,016.80 as
of March 31, 1975. The Authority, upon succe.'eding to the
assets of the Non -Profit Corporation as heretofore provided
339
'340
in Section 8,shall retain the accumulated residual interest
of each of the Municipalities as a contribution by such
'
Municipalities to defray the cost of facilities used and
useful in supplying the wholesale electric power and energy
requirements of the Municipalities.
10. FILING OF CONTRACT: A copy of this Contract shall
be filed with the Division of Local Government of the State
of Colorado as soon as practicable following its execution
by the Municipalities and in all events within ten (10) days
after its execution by the Municipalities.
11. NOTICES: Any formal notice, demand or request
a
provided for in this Contract shall be in writing and shall
be deemed properly served, given or made if delivered in
person or sent by registered or certified mail, postage pre-
'
paid, to the persons specified below:
City of Fort Collins, Colorado
c/o Electric Utility Director
P. 0. Box 580
Fort Collins, Colorado 80521
City of Loveland, Colorado
c/o Director of Utilities
P. 0. Box 419
Loveland, Colorado 80537
City of Longmont, Colorado
c/o Director of Utilities
4th and Kimbark
Longmont, Colorado 80501
Town of Estes Park, Colorado
c/o Superintendent, Light & Power Department
P. 0. Box 1200
Estes Park, Colorado 80517
340
4
1
Lo
�0
J
11
12. SEVERABILITY: In the event that any of the terms,
covenants or conditions of this Contract or their applica-
tion shall be held invalid as to any person, corporation
or circumstance by any court having jurisdiction, the re-
mainder of this Contract and the application and effect
of its terms, covenants or conditions to such persons, corpo-
rations or circumstances shall not be affected thereby.
13. REGULATORY JURISDICTION: This Contract shall be
subject to filing with,approval by, and to such changes
or modifications as may from time to time be directed by,
competent regulatory authority, if any, in the exercise of
its jurisdiction.
14. DUPLICATE ORIGINALS: This Contract may be exe-
cuted in several counterparts, each of which will be an
original but all of which together shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the Municipalities have,caused this
Contract to be executed as of the day of,1975.
CITY OF FORT COLLINS, COLORADO
ATTEST:
B�r��
Mayor
City Clerk
341
342
CITY OF LOVELAND, COLORADO '
ATTEST:
By
Mayor
City Clerk
CITY OF LONGMONT,.COLORADO
ATTEST:
By
Mayor
City Clerk
TOWN OF ESTES PARK, COLORADO
ATTEST:
By
Mayor
Town Clerk
ATTEST:
Secretary
PLATTE RIVER POWER AUTHORITY
By
President
342
34,
Section 2. That Stanley R. Case is hereby nominated and
appointed as the member of the Board of Directors of the
Authority to be appointed by the City of Fort Collins.
Section 3. That the Authority is acknowledged and recog-
nized as the successor to the Non -Profit Corporation, and the
City of Fort Collins does hereby approve, consent and agree
that all contracts, agreements, indemnifications, obligations,
undertakings or other instruments (the "Existing Documents"),
which this Municipality has heretofore entered into with or
on behalf of the Non -Profit Corporation, shall, where applicable,
X be assigned and transferred to the Authority by the Non -Profit
Corporation and shall, after such transfer and assignment, remain
r� in full force and effect according to their respective terms
jand conditions, which Existing Documents shall include, without
limitation:
A. Contract for electric power and energy dated
September 5, 1975, between the Non -Profit Corporation and this
Municipality.
B. Resolutions heretofore adopted by this Municipality
in connection with borrowings by the Non -Profit Corporation
from the First National Bank in Fort Collins, Colorado, and
the Morgan Guaranty Trust Company of New York.
T:. A
C. Agreements, if any, between this Municipality
and the Non-Profit.Corporation relating to the joint use of
facilities or rights of way.
Section 4. If any section, paragraph, clause or provision
of this Ordinance shall be held to be invalid or unenforceable,
the invalidity or unenforceability of such section, paragraph,
clause or provision shall not affect any other provision of
this Ordinance.
Section 5. All ordinances, resolutions, by-laws and
regulations of the City of Fort Collins in conflict with this
Ordinance are hereby repealed to the extent only of'such incon-
sistency. This repealer shall not be construed to revive any
ordinance, resolution, by-law, or regulations or part thereof,
heretofore repealed.
Section 6. By reason of the fact that the City and its
inhabitants need to provide for and supply electric power and
energy at this time and to further facilitate the financing
by the Authority of projects presently committed, an emergency
' is declared to exist, this Ordinance is declared to be necessary
for the immediate preservation of the public peace, health,
safety, and property, inasmuch as the supply of power and
energy affects the same, and this Ordinance shall take effect
343
344"
upon its passage under and by virtue of the authority contained '
in Sections 6 and,7 of Article II of the Charter of the City
of Fort Collins.
Introduced and adopted by the unanimous vote of all
members of the City Council at a regular meeting held this
3rd day of June, 1975.
ATTEST: Mayor
z /Oexl
' C y erk \
Emergency Ordinance
June 3, 1975 (Vote: Yeas:.7, Nays: 0)
Dates published: June 8., 1975
Attest:
City Clerk
Resolution adopted establishing Advisory ;4
Commission on the Downtown Redevelopment ^.a
Program
Councilwoman Gray stated that by this resolution, the makeup of..the
Commission was outlined, but that she preferred not to make specific
appointments since there has been no publicity on the appointments at
large.
Councilman Suinn also expressed concern at having no applicants. City
Attorney March reminded Council that they would be working on .appointments
to Boards and Commissions, and they could select persons for another
resolution to be presented in two weeks.
City Attorney March further stated this resolution had been prepared on
the preswmption that the member from the Landmark Preservation Committee
would be made for the Cultural Resources Board.
Mayor Russell requested that a letter be sent to CORAD expressing
Council's appreciation for their assistance on this project.
Councilman Bowling made a motion, seconded by Councilman Bloom, to adopt I
the resolution. 'Yeas: Council members Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
344
3,45"
' RESOLUTION 75 32
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING AN ADVISORY COMMISSION TO
ADVISE THE CITY COUNCIL ON THE DOWNTOWN
REDEVELOPMENT PROGRAM
WHEREAS, the City of Fort Collins has heretofore authorized
r a study of the needs of the core area of the City for redevelop-
ment and has received such study; and
J
WHEREAS, the City Council has undertaken to accomplish
the redevelopment work proposed by such study; and
WHEREAS, in the opinion of the City Council it is desirable
to form an advisory commission to advise the City Council on
matters concerning the core area redevelopment program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS:
' 1. That an advisory commission to be known as the Downtown
Redevelopment Commission is hereby established.
2. Such commission shall consist of nine members selected
as follows:
Three (3) members to be appointed by the City
Council, one (1) member to be appointed by the
Fort Collins Planning and Zoning Board from its
membership, two (2) members to be appointed by
the Downtown Merchants Association from its
membership, one (1) member to be appointed by
the Fort Collins Area Chamber of Commerce from
its membership, one (1) member to be appointed
from CORAD from its membership, and one (1)
member to be appointed by the Landmark Preserva-
tion Commission from its membership.
3. Members of such commission shall serve at the pleasure
of the Council and without compensation.
4. Such commission shall study and advise the City Council
on all matters concerning the proposed Downtown Redevelopment
' Program. It shall work with all organized groups and citizens
concerned with the redevelopment program, the City Administration,
the Project Director., and such other organizations as,may be
connected with the program from time to time.
345
4 6.1
5. The Downtown Redevelopment Commission shall adopt such
by-laws as it deems necessary and shall elect from its, membership
a chairman and such other officers as it deems necessary.
Passed and adopted at a regular meeting of the City Council
held this 3rd day of June, A.D. 1975.
ja
ATTEST: Mayor
itC' y Clerk
Adoption of 1975 Electrical Code
Referred to City Attorney for Ordinance
preparation
Chief Building Inspector, Bill Waldo, stated that during the latter part of
1974 and into 1975, a public meeting had been held for the purpose of con-
sidering changes in the 1975 National Electric Code and. to recommend local
changes. After the public hearing and subsequent meeting, the Building
Board of Appeals had voted unanimously to recommend that the 1975 National
Electric Code, with the administrative and technical changes submitted
(copy on file) be presented to the City Council for their consideration.
A specific item of concern had been the follows:
Recommended changes to the 1975 National Electric Code:
Add a subsection C to Article 620-51. Subsection C to
read as follows: 'No heat sensitive switches shall be per-
mitted as the controlling means.
REASON: In case of fire, heat -sensitive switches are
affected by the ambient temperature of the elevator car
which could negate all control of the car.
Mayor Russell inquired if there were buildings which contained such "heat
sensitive switches" in the City.
Attorney March and Mr. Waldo stated that there were, however, this ordinance
would not require changes in existing building which would have a nonconform-
ing entitlement as they were installed prior to the passage of the Ordinance.
It was the consensus of the Council that letters be sent to affected build-
ing owners warning them of the possible hazard. '
Councilman Bowling made a motion, seconded by Councilman Bloom, to refer
this item to the City Attorney to prepare an Ordinance adopting the 1975.
Electrical Code. Yeas: Council members Bloom, Bowling, Gray, Reeves, Russell,
Suinn and Wilkinson. Nays: None.
346
a/±
Request for Banners for Colorado Arts
' Festival approved
City Manager Brunton stated that The Colorado Arts Festival
Committee is requesting permission to decorate the major business districts
in Fort Collins with silkscreen cloth banners just prior to and during
the Festival, which begins July 17 and runs through July 20, 1975•
The banners would be hung from the top of the light posts in various
business areas on public right-of-way. We initially thought that Section
6-J of Ordinance No. 18, 1975, amending the sign code, would apply.
However, our City Attorney has ruled that this provision with regards
to banners and pennants applies only to private property where the City
U' Zoning Administration is permitted to allow the use of such signs for
limited periods of time not to exceed ten days. In this case, the
i banners would be somewl.at similar to the Christmas decorations. Our
City Attorney further recommended that we receive approval of the installa-
tion of these banners from the City Council.
Recommendation: The Administration recommends that the City Council
authorize the Colorado Arts Festival and the Centennial-BiCentennial
Council to install banners at various locations for as long a period as
needed and practical, subject to the installation and location approval
by.our_City Zoning Administration.
' Councilman Bloom inquired, if by granting this request, was it not, in fact
giving the petitioners a blank check. Council concurred that this was a
special occasion under the Ordinance.
Councilman Suinn made a motion, seconded by Councilman Bowling, to approve
the recommendation and add that the "removal of the banners" will also
be under the supervision of the Zoning administrators. Yeas: Council
members Bloom, Bowling, Gray, Reeves, Russell, Suinn and Wilkinson. Nays:
None.
Request to name park adjacent to O'Dea
School Heglund Park referred to the City
Administration
City Manager Brunton stated the O'Dea PTA had requested that the park
adjacent to O'Dea School be named Heglund Park. Parks and Recreation
Director, H. R. Phillips, had stated that, in his opinion, areas adjacent
to elementary schools should not be called "parks", but."playgrounds".
The playground is owned by the Poudre School District; up to now the City
had always referred to these areas as playgounds.
City Manager Brunton stated he would again discuss this matter with the
School Administration at a joint meeting to be held on June 16, 1975.
' Claudia Scarboro; representing the PTA, spoke to their request and to the
safety concerns for children in the playground.
No further action taken on this item.
347
e
, .
Changes in the Code relating to Carnivals
and Amusements referred to Administration
for further study
City. Manager Brunton stated the City had received a number of complaints
with regards to the carnival held May 20-25, 1975 , under the sponsorship
of the Fort Collins Jaycees. The license was issued for 2000 South
College; however, the carnival per se was located in the easterly part
of the property close to residential areas. Unfortunately, we did not
receive the application for the license from the Jaycees until just a few
days prior to the carnival. We told the various people that called
that we would review the entire matter of carnivals with the City Council
in the near future.
In recent years, we have had primarily two carnivals --one sponsored by
the Jaycees and the other sponsored by the Downtown Merchants Association.
The DMA Carnival is a yearly affair and is located in the America Building
.. Parking Lot owned by the Colorado and Southern Railway Company and
leased to the City of Fort Collins. We have already received approval
from the C F, S Railway Company for this year's carnival to be held on
July 11-17, 1975. The Jaycees had their last carnival in 1973. At
that time they.held this event on the west side of College Avenue immed-
iately south of the Ace Hardware/Everitt Home Service Center.
Article VII of the Code relating to this was adopted on June 28, 1915.
On May 3, 1973, we discussed the question of the carnival. In previous
years there was no uniform method of charging or regulating carnivals.
Prior to 1971 there was an annual charge of $75 for the carnival and
no charge in 1972. It was felt that the ordinance setting out fees was
no.longer applicable to present day standards. It was decided that the
City Council should at some future date review the entire matter and
come up with an equitable method of charges and procedures for future
carnivals. At that time the City CounDil. applied a $100 fee, and this
fee has been applied since that time.
City Attorney March stated it appeared that revisions were needed in
three areas.
1. The fees to be charged need to be established on
some different basis than that set forth in the ordinance.
2. If carnivals and similar shows are to be allowed
within the City limits, we need a better basis of establishing
where they will be located and how they will be regulated as
to hours, noise, traffic congestion, and the like.
3. We need to specify that the zoning ordinances do
not apply to a temporary carnival operation.
In lieu of the above, the Council may determine that it
is desirable to bar carnivals within the City limits.,
348.
i
1
1
�14 y
It was the consensus of the Council that they did not wish to ban
carnivals, they did wish to have more lead time from application date
to the event, the posting of: a bond to insure clean up, the possibility of
requiring portable sanitation facilities, specific time for closing and
that the Administration approve or disapprove the license.
The Administration and City Attorney will draft an ordinance for Council
consideration on this item.
Additional Assessment on Horsetooth Outlet
Study approved
A Horsetooth Water Service Commission was recently created consisting of
JG
the City of Fort Collins, Eastman -Kodak, the Town of Windsor and four water
districts: Fort Collins -Loveland; East Latimer County; North Weld County;
and Central Weld County. The purpose of this group is to explore the pos-
W
sibility of requesting the Bureau of Reclamation to
Y q g provide another tunnel
into Horsetooth Reservoir and jointly construct a water treatment plant
facility. Initially, the group was going to have a study made by the
Bureau of Reclamation with regards to the feasibility and methods of
financing of the tunnel into Horsetooth Reservoir. At its April 15, 1975
meeting,the Fort Collins City Council authorized the City to pay a $2,000
assessment to complete this study by the Bureau of Reclamation. It has
subsequently been determined that an additional study has to be made by M&I
Inc., Consulting Engineers, before any logical considerations could be made
on this project. Enclosed are copies of the letters to the Northern
'
Colorado Water Conservancy District, who is -acting as our informal manager,
and to the Commission itself with regards to the Bureau's and M&I's involve-
ment. With the possibility of the withdrawal of Central Weld County Water
District, the City of Fort Collins would have to pay an additional assessment
of $2,830 for a total assessment of $4,830 in order to complete this project.
This would be a reasonable price to get a handle on a potentially good water
treatment supply in cooperation with the other water districts.
In 1974-75 the City of Fort Collins installed pressure reducing valves in
our Water Treatment Plant No. 2. This increased our total treatment capacity
to 35,000,000 gallons per day. We are already under design with Cornell,
Howland, Hayes & Merryfield to construct an additional 8,000,000 gallon
addition to Water Treatment Plant No. 2, bringing our total capacity to
43,000,000 gallons per day. 1'y 1977-78 we will. need additional treatment
capacity. It is being consid,•.red whuLh er we should add a new water treat-
ment plant in the south part of the City or work on a cooperative program
as being outlined and proposed by the Horsetooth Water Service Commission
which was, in actuality, started by the City of Fort Collins. Initially,
it looks like the best alternative is for the Horsetooth Water Service Com-
mission. At the May 12, 1975 meeting, Mr. Chuck Liquin, our Acting Water
and Sewer Utility Director, was elected Vice -Chairman of this Commission.
Recommendation: The Administration recommends that the City Council authorize
' the additional expenditure of $2,830 to complete the first phase study of this
project. When this study is completed by the fall of this year, we can make
a more realistic evaluation of our future course of action. From a projection
standpoint and from the commencement of planning to design to construction',
we are already running close to being out of time for the next addition to our
water system.
349,
6 5.0
Councilman Bowling made a motion, seconded by Councilwoman Reeves, to
authorize that additional expenditure of $2,830 to complete the first
phase of the study. Yeas: Council members Bloom, Bowling, Gray, Reeves, '
Russell, Suinn and Wilkinson. Nays: None.
y
Report on purchase of two and one-half
acres south of Spring Creek at mouth of
Spring Canyon taken under advisement
Mayor Russell requested the following letter be read into the record:
We have reviewed the Brack property in Section 32, Township
7 North, Range 69 West of the 6th P.M. with respect to what lots or
parcels may or may not be in conformance with Senate Bill 35: This
question has also been discussed with Warren Wolaver.
Please be advised that the 2.5 acre parcel north of the access
easement was, in October 1972, part of a 13.25 acre parcel (more or less)
created by the sale of the 60 acres to the north. As this parcel was
created after Senate Bill 35 (May 5, 1972) it should have had County
approval prior to creation. This approval was not received. In view
of this fact, the County cannot consider the 2.5 acre parcel as being
a'lecial lot in and of itself. Should Mr. Brack wish to apply for an
exemption from the County Subdivision Resolution for approval of this
parcel as a separate lot, we would be happy to consider that application.
Sincerely,
Kitty Walker
Subdivision Administrator
City Attorney DIarch stated he had contacted Mr. Donald Mourning, the
Attorney for the owners of the property, regarding the differences of
opinion between the County and the property owners as to whether this is
a separated parcel, or whether they have to get Council!approval under
the subdivision rules of the County in order to separately convey that
tract.
Mayor Russell stated lie had additional information on this subject and
called for an executive session to reveal it.
Various Easements accepted
Listed below are various easements and dedication deeds recently obtained:
(a) Agreement with Latimer County Canal No. 2 to allow the City to install
a 4-inch steel duct with three aluminum primary cables under the ditch ,
and right-of-way in the general vicinity of the Foothills Fashion Mall
and west of College Avenue.
(b) Agreement with Boxelder Ditch Company to allow an underground electrical
conduit under the Ditch Company's canal. This agreement allows the City
to install a 12-inch smooth steel case boring under the Boxelder Ditch
at East Drake Road west of our Sewage Treatment Plant No. 2.
(c) Easement for a 6-foot wide permanent power line at 2540 East Drake
Road, along the west side of the property. This easement is needed
to locate an electrical vault to improve the future development in
this area.
(d) Easement dedication from Fort Collins Housing Authority.. In connection
with the construction of public housing at 804, 808 and 813 Rocky Road,
pp there is need to dedicate additional right-of-way for the installation
r' and maintenance of electrical facilities over and above this land.
U
W
Councilman Wilkinson made a motion, seconded by Councilwoman Reeves, to
accept the various easements. Yeas: Council members Bloom, Bowling,
Gray, Reeves, Russell, Suinn and Wilkinson. Nays: None.
Upon reconvening the meeting after the recess, Assistant Mayor Bowling called the
meeting to order and inquired of Mr. Gustav Swanson if he had any comments
regarding the proposed purchase in the Spring Creek area. Mr. Swanson
inquired into the status of the property. City Attorney March stated it
would require more research of the parties involved.
' Councilman Wilkinson made a motion,seconded by Councilwoman Gray, to refer
this matter back to the administration for further study with the intent
that the land be open space. Yeas: Council members Bloom, Bowling, Gray,
Reeves, Suinn and Wilkinson. Nays: None. (Councilman Russell out of
room)
Report on Auditorium Complex scheduled
for Public Hearing
City Manager Brunton stated this was possibly the most difficult item of
the Capital Improvements Program. For the record, he was going to mention
items that were of adminisrative concern. First, that it had not been
envisioned that the City would be in the auditorium business; three quar-
ters of a million dollars had been budgeted to either assist CSU or the
Poudre School District, with a major auditorium for the City. The School
District had been contacted and the only school where this was possible,.was
the new Lincoln Junior High, and this was considered too far away from the
core area; CSU felt that they were at least five to ten years away from
the major fine arts center. CSU had received no funding for this project.
The project could have been drafted at this stage.
City Manager Bruntaithen reviewed Council action in the purchase of the
Coloradoan building which would then replace the Lincoln Junior High School
as a community building. Also, the varied reports and cost received from
Stearns -Roger'; architects.
City banger Brunton stated others would address this subject with the recom-
mendation of the administration that no action be taken tonight, but rather
that public meetings be held on June 11 and June 12, to be held at the
Administration building at Potdre R-1.
351
Land Acquisition Officer, Bill Holmes, presented the backgound on the
status of negotiations between the City and CSU with respect to a pro-
posed agreement for the operation ❑nd management of the auditorium com- ,
plcx; needs of Cb1l and the needs of the comnnity.
Lilla Morgan stated she had been asked to refresh Council's memory as to
the DT2 charge and catch (Cowicil) up on the history of the project.
Mr. Frank Johnson reviewed the recommendation which was unanimously
adopted by the DT2 Steering Committee which he read into the record.
The City Council on April 29, 1975 accepted a joint recommendation that
the Auditorium and Art facilities be combined, and instructed us to proceed
at once with planning a multi -purpose complex on the site of Lincoln Junior
High School, the 'greject to be funded at $2,000,000 and Stearns -Roger to be
retained as architects.
I. Our recommendations for maximum use of available resources are as follows:
1. Demolition of present auditorium structure only, and replacement
with a new 1200 seat, air-conditioned house, architecturally
adaptable to a smaller 400 seat theatre, recital hall and convention
facility.
2. Retention of present 6�rmnasiun, to be remodeled for joint use as
flexible theatre (to seat 400) and banquet hall (to seat 600).
3. Retention of present school library for reception lounge and meeting
rooms (to seat 100 to 150).
4. Retention of prime space offered by old classrooms for use of city
art and craft classes, music and dance rehearsals, as well as for
needed storage space and offices. Retaining the old school building
at the present time is based on economic expediency rather than
sentimental considerations. Piominal cost is cited by Stearns -Roger
to brin;; the building to code, and minimal expense is anticipated
for remodeling classrooms and offices. The architects also cited
higher cost of replacing this space, which would have to come from
>2,000,000 budget malting primary project almost impossible.
II. Our recommendation included the following items considered necessary or
desirable by the many potential community users who submitted reports in
response to our questionnaire. (Underlined items below are those con-
sidered to be prime requisites for the facility. Others might be deleted
in accordance with budget limitations.)
1. Pirst class stage house, word: shop and Brings, ample loading dock.
2. Orchestra sBell and hydraulic lift for orchestra pit.
3. Sound proof rehearsal rood and green room for orchestra.
4. Cocturic area anti dressin.7 roo= for theatre.
5. rover with boa office adjacunt to secured art rtallery serving jointly
for ti2avcling as well as permanent art exhibits and reception area
for lame gatherin.-s.
6. Caterin,,: kitchen for receiving, storing and serving hot or cold foods
no food preparation on premises).
7. Audio vj�.ual. capabilities to be .eluded at time of construction -
though il:e equipmont may be installed later. 'This is an essential
prerecu:.sits:. (See Preston Davis report)
352
:3-5 ;
III. Our recommendation urges the use of the old building* as.follows;
' 1. Five or six offices.
2. Storage for costumes, instruments, stage sets.
3. .Conference room for 20 to 25 persons.
4. Room for permanent slide and movie set-up accommodating 30 to 60
persons.
5. Crating, slipping and receiving room as well as storage for the
Art Gallen,/.
6. Classrooms retained as afore mentioned for use of many city arts
and crafts programs, including crafts in the shop area of the
basement.
it
*idechanical and engineering reports by Steams -Roger stating that the
building is sLmcturally sound for this use, are available, as well as
W the report from Charles 14abry of Poudre Rl School District iidministration
W that operatin;; costs per square foot per month are less for Lincoln
Junior Hijh School than for Boltz Junior high School or Rocky I•iountain
High School.
IV. Ire recommend that the multi -purpose complex be managed by a professional
Director of Cultural iiffairs who would head !:very House, the library
and the city Carts and crafts projects, and also supervise two technical
directors; one for the Performing Arts Theatre and Convention Center,
and one supervise the "workshop faculty" in the city arts and crafts
building. Because of priorities and problems in scheduling time and
events, we feel this organizational structure is imperative.
1. I•Ianagement and operation be financed by:
(a) Rental fees from community theatre groups, Poudre R1 rentals
for Graduation and other events, churches, business groups,
conventions, Port Collins Symphony Orchestra.
(b) C.S.U. cooperative use involving "trade-offs and services in
kind."
(c) Possible federal grents from the National Endowment for The :Arts.
d Possible funding from the Port Collins Foundation, United ?:gay,
private gifts, service organizations, clubs, estates, etc.
In summary, we respectfully urge the adoption of the above recommendations,`.
and that the project irithin the budgetary limit set by the City Council, be
undertaken without delay.
It. Bob Clark gave a brief backgound of the areas of interest in the Art
Center Group.
' Mr. Porter Wood spoke to the ideal for the theater being flexible seating..
353
Councilmembers Bloom and Bowling stated they felt a need for detailed cost
figures for all capital improvement projects in order to determine priorities. '
Councilwoman Gray requested more specific architectural reports. Council-
man Wilkinson requested specific "square footages" to be allotted to each
proposed function.
Mayor Russell requested a report on estimated revenues that could be earned
from art series, concerts,etc..
Councilwoman Reeves suggested meetings between the Council, the auditorium /
Committee and Stearns -Roger, to "understand all possibilities open".
Councilman Shinn called for "alternative recommendation", for at least one
that would include a combined City Hall -Cultural Center.
No further action taken on this item with the exception of setting the two
public hearings for June 11 and 12, 1975.
Report on the Fort Collins Military Post
Project'- Funding approved
Mr. John Hughes spoke to the work that is needed to develop the Master Plan
for the fort reconstruction. Three guaduate students in Resource Recreation.
were proposed to be employed at a rate to vary between $300 and $600 per
month, in addition they would receive 8 to 12 hours of research - thesis credit.
This project would be under the direction of Dr. Russell Held, Recreational ,
Resources at CSU.
The. suggested budgets is as follows:
Below are the maximum and minimum budget needs:
Plan I - Maximum
3 graduate students for June, July, and August•@ $600/mo, $5400
Travel and supplies 200
Total $5600
Plan II - Medium
3. graduate students for June, July, and August @ $400/mo, $3600
Travel and supplies 200
Total $3800
( or)
2 graduate students for June, July,.and August @ $600/mo, $3600
Travel and supplies 200
Total $3800
Plan III - Minimum
2 graduate students for June, July, and August @ $400/mo. $2400
Travel and supplies 200 '
Total $2600
354
Considerable discussion was held on the scope of the study, the hours versus
the end product, the budgetary limitations in the Planning Department and in
relation and interelation of this study with other studies being conducted
under 701 funds and other studies being undertaken on the Poudre Valley Basin.
Councilman Bowling made a motion, seconded by Councilwoman Gray, to fund the
project under Plan II. Yeas: Council members Bloom, Bowling, Gray, Reeves,
Russell, Suinn and Wilkinson. Nays: None.
Ordinance adopted on first reading creating
a Cultural Resources Board
Council members discussed appointments to the Commission and the possibility
of keeping the Landmark Commission and Pioneer.Museum Board intact as sub-
committees.
Mr. Gary Hixon, from the Landmark Commission, inquired who would be over.
the Commission. City Attorney March stated, as he perceived it, the
Cultural Resources Board would have the responsibility for appointing sub-
committees, one being in charge of landmarks, one being in charge of museum,
one being in charge of the auditorium, etc. It would also have the responsi-
bility of,adopting bylaws which would determine the number of members on
the committees, what the committees are.and on the functions.
Councilman Bowling made a motion,.seconded by Councilman Bloom, to adopt
Ordinance No. 30, 1975 on first reading, by deleting July 3L and inserting
July 1..,'for'term end. Yeas: Council members Bloom, Bowling, Gray,
Reeves, Russell, Suinn and Wilkinson. Nays: None.
Other Business
1. Councilman Bloom stated he had been spending a lot of time reviewing
the budget, quarterly reports and the annual report. He had a number
of questions he would like to put to the auditors. Due to the detailed
length, he would like to suggest that a three member committee be
appointed from the Council to meet with the auditors and report back to
the Council. Mayor Russell inquired of the Council if this suggestion
was favored by Council members? With the concurrence of the Council,.
Mayor Russell then named Council members Reeves, Bloom and himself to
serve on this committee.
2 Councilwoman Reeves inquired into the status of the P.U.D. ordinance.
City Attorney March stated the staff was working on this project and
it would be coming back shortly.
Council members then adjourned into an Executive Session, and dis-
cussed appointment to Boards and Commissions.
Council adjourned at 12:00 Midnight.
1 L(IL
Mayor
ATIT : /�
City Clerk
355