HomeMy WebLinkAbout229 - 12/15/1998 - APPROVING A FRANCHISE AND LICENSE AGREEMENT BETWEEN THE CITY AND PLATTE RIVER POWER AUTHORITY ORDINANCE NO. 229, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A FRANCHISE AND LICENSE AGREEMENT BETWEEN
THE CITY OF FORT COLLINS AND THE PLATTE RIVER POWER AUTHORITY
WHEREAS, the City of Fort Collins (hereinafter referred to as "the City") currently owns
and operates an electric utility that acquires and distributes electricity to utility customers(hereinafter
referred to as "the Electric Utility"); and
WHEREAS,Platte River Power Authority (hereinafter referred to as "PRPA")is a separate
governmental entity created under State law by intergovernmental agreement between the City,the
cities of Longmont and Loveland, and the Town of Estes Park(hereinafter referred to collectively
as "the Four Municipalities"); and
WHEREAS, PRPA was created by the Four Municipalities for the purposes of generation
and transmission of electricity to be sold to the Four Municipalities on a wholesale basis; and
WHEREAS, in order to upgrade its operations in the generation and transmission of
electricity, PRPA has embarked on a project of linking all of its electrical substations in the City
together with its substations in the cities of Loveland and Longmont by a fiber-optic system; and
WHEREAS, in constructing its fiber-optic system, PRPA will need to install underground
and aboveground a fiber-optic cable(hereinafter referred to as "the Cable") that will be located, in
part, within the City's boundaries; and
WHEREAS, the Cable contains 144 fiber-optic strands, which strands contain a bandwith
capacity that exceeds PRPA's current needs for 12 fiber-optic strands to use in its operations related
to the generation and transmission of electricity at wholesale; and
WHEREAS,PRPA's Board of Directors has therefore decided to lease as dark fiber to third
parties, including to telecommunications carriers, PRPA's excess fiber-optic strands in the Cable;
and
WHEREAS, to accomplish this it is necessary for PRPA to have the right to locate and
maintain the Cable, and any extensions of it, in and on the City's streets and rights-of-way; and
WHEREAS, in order to so use such streets and rights-of-way, Section 1 of Article XI of the
City's Charter requires PRPA to obtain a franchise from the City; and
WHEREAS, PRPA also needs to be able to locate and maintain the Cable, and any
extensions of it, in the Electric Utility's facilities and infrastructure (hereinafter referred to as "the
Electric Utility Facilities"); and
WHEREAS, in order to use the Electric Utility Facilities PRPA must obtain a license from
the City; and
WHEREAS, there is on file with the Fort Collins City Clerk and in the offices of PRPA, a
proposed"Franchise and License Agreement"which contains the terms and conditions between the
City and PRPA concerning the City's granting to PRPA of the franchise and license described herein
(hereinafter referred to as "the Agreement"); and
WHEREAS, the Agreement provides that the City shall grant the franchise and license to
PRPA for a term of twenty (20) years; and
WHEREAS, on October 22, 1998, PRPA's Board of Directors adopted Resolution 17-98
pursuant to which the Board authorized PRPA to enter into the Agreement; and
WHEREAS,Section I of Article XI of the City Charter sets forth certain notice requirements
that must be satisfied prior to the Council approving the Agreement; and
WHEREAS,PRPA has filed with the City Clerk an affidavit of publication evidencing that
such notice requirements have been satisfied; and
WHEREAS, the Council has considered the Agreement and after having done so, has
determined that approval of the Agreement is in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the notice requirements of Section 1 of
Article XI of the City Charter relating to the granting of a franchise and license have been satisfied
with respect to the approval of the Agreement.
Section 2. That the Council hereby finds that the granting of the franchise and the license
to PRPA under the terms and conditions of the Agreement is in the best interests of the City and its
citizens.
Section 3. That the Council hereby approves the Agreement.
Section 4. That the Mayor is hereby authorized and directed to execute the Agreement
on behalf of the City thereby granting to PRPA the franchise and the license as provided in the
Agreement.
Introduced and considered favorably on first reading and ordered published this 8th day of
December, A.D. 1998, and to be presented for final passage on the 15th day of December, A.D.
1998.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of December, A.D. 1998.
ayor
ATTEST:
City Clerk