HomeMy WebLinkAbout026 - 03/24/2009 - AUTHORIZING AN AMENDED AND RESTATED ORGANIC CONTRACT FOR PLATTE RIVER POWER AUTHORITY ORDINANCE NO. 026, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDED AND RESTATED ORGANIC
CONTRACT FOR PLATTE RIVER POWER AUTHORITY
WHEREAS,the City is one of four member municipalities that have entered into an organic
contract establishing Platte River Power Authority ("Platte River"); and
WHEREAS, the first such contract was entered into in 1975, and the contract was last
amended by the execution of an Amended and Restated Organic Contract Establishing Platte River
Power Authority as a Separate Governmental Entity dated July 1, 1998 (the "Existing Organic
Contract"), with a termination date of December 31, 2040; and
WHEREAS, the parties have recently negotiated a proposed, updated agreement entitled
Amended and Restated Organic Contract Establishing Platte River Power Authority as a Separate
Governmental Entity (the "Updated Organic Contract"), a copy of which is on file with the City
Clerk,dated February 24,2009,that includes certain revisions requested by City Council at previous
meetings of the City Council,the purpose of which is to replace and supersede the Existing Organic
Contract; and
WHEREAS, the Updated Organic Contract, if approved by the parties, would amend the
provisions of the Existing Organic Contract so as to: contain preamble statements and purpose
statements reflecting Platte River's commitment to environmental stewardship and sustainability;
reflect the current manner in which the parties conduct business; expand the kinds of services that
Platte River will provide to Fort Collins and obligate Platte River to assist Fort Collins in reaching
its renewable energy requirements to develop products and services to improve the efficiency of
generation, transmission and use of electrical energy; bring current the dates of the terms of the
appointed utilities directors of the member municipalities and allow such directors to attend and fully
participate in Platte River meetings by electronic teleconference; and extend the termination date of
the Existing Organic Contract by ten years to December 31, 2050.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that it is in the best interests of the City
to enter into the Updated Organic Contract, which agreement will supersede the Existing Organic
Contract.
Section 2. That the Updated Organic Contract in substantially the form on file in the
office of the City Clerk and dated February 24, 2009, is hereby approved, and the Mayor is hereby
authorized and directed to execute the same on behalf of the City.
Section 3. That the City Council hereby directs the Electric Board to annually review the
terms and conditions of the Updated Organic Contract and suggest any revisions to the City Council
by formal board action.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
March, A.D. 2009, and to be presented for final passage on the day of March, A.D. 2009.
Mayo
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City Clerk
Passed and adopted on final reading on the 24th day of Marc A.D. 2009.
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