HomeMy WebLinkAbout061 - 06/01/2010 - AUTHORIZING AN AMENDED AND RESTATED ORGANIC CONTRACT FOR PLATTE RIVER POWER AUTHORITY ORDINANCE NO. 061, 2010
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 May 12, 2010,that includes some revisions informally requested by City Council at a
previous meeting of the City Council, as well as some revisions discussed by Fort Collins and
Loveland representatives at an informal meeting, 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 a purpose statement 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; and
WHEREAS, on March 10, 2010,the Electric Board reviewed a version of the Platte River
organic contract that contained language less favorable to the interests expressed by the Fort Collins
City Council in a December 2009 work session and recommended that the City Council authorize
approval of the organic contract; and
WHEREAS, it is City staffs understanding that Utilities staff of Loveland, Longmont and
Estes Park will be recommending approval of the Updated Organic Contract to their respective
governing bodies.
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 replace and supercede the Existing Organic Contract with the Updated Organic Contract.
Section 2. That the Updated Organic Contract is hereby approved, and the Mayor is
hereby authorized and directed to execute the same on behalf of the City in substantially the form
on file in the office of the City Clerk and dated May 12, 2010.
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 18th day of
May, A.D. 2010, and to be presented for final passage on the 1 s ay of June, A.D. 2010.
Mayo
ATTEST;.
` J
City Clerk
Passed and adopted on final reading on the 1 st day of Jun , 2010.
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Mayo
ATfEST:-
YUAL.AA
City Clerk