HomeMy WebLinkAbout123 - 07/21/1998 - AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER AU ORDINANCE NO. 123, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING EXECUTION OF AN AMENDED
AND RESTATED ORGANIC CONTRACT ESTABLISHING
PLATTE RIVER POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY
AND AN AMENDMENT EXTENDING THE TERM OF THE CONTRACT
FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY
BETWEEN PLATTE RIVER POWER AUTHORITY AND THE CITY OF FORT COLLINS
WHEREAS,the City of Fort Collins(the "City")has received,and is also now on file with
the City Clerk, a copy of a proposed "Amended and Restated Organic Contract Establishing Platte
River Power Authority as a Separate Governmental Entity"(the"Proposed Organic Contract");and
WHEREAS,the Proposed Organic Contract would replace and supersede the "Amended and
Restated Organic Contract Establishing Platte River Power Authority as a Separate Governmental
Entity" dated March 31, 1980 (the "Existing Organic Contract") that currently exists between the
Town of Estes Park,and the cities of Fort Collins, Longmont and Loveland(the "Municipalities");
and
WHEREAS, the City has also received, and is now on file with the City Clerk, a copy of a
proposed "Amendment Extending the Term of the Contract for the Supply of Electric Power and
Energy" between Platte River Power Authority ("PRPA") and the City (the "Supply Contract
Amendment"); and
WHEREAS,the Supply Contract Amendment amends the"Amended Contract for the Supply
of Electric Power and Energy between Platte River and the City of Fort Collins" dated March 31,
1980(the"Existing Supply Contract")by extending the Existing Supply Contract's termination date
from December 31, 2020, to December 31, 2040; and
WHEREAS,the Proposed Organic Contract amends the Existing Organic Contract in several
respects; and
WHEREAS, the Proposed Organic Contract first expands Platte River Power Authority's
("PRPA") current purpose of providing the Municipalities with their wholesale electric power
requirements to now include PRPA selling electricity to the Municipalities' retail customers; and
WHEREAS, the Proposed Organic Contract next authorizes PRPA to engage in the future
in business activities related to the provision of electric power and energy services which the PRPA
Board of Directors determines are likely to enhance the competitive position of PRPA or of the
Municipalities; and
WHEREAS, the Proposed Organic Contract further establishes PRPA as a separate and
multi-purpose governmental entity under C.R.S. Sections 29-1-203 and 29-1-204 to provide (in
addition to the generation and transmission of electricity)those functions,services and facilities that
a unanimous PRPA Board of Directors has approved provided that such functions, services or
facilities are: (1) requested by two or more of the Municipalities; (2) lawfully authorized to be
provided by any combination of two or more of the Municipalities;and(3)an"enterprise"as defined
under the TABOR provisions of the Colorado Constitution; and
WHEREAS,the Proposed Organic Contract also amends the Existing Organic Contract by
extending the Existing Organic Contract's termination date of December 31,2020,to December 31,
2040; and
WHEREAS,both the Proposed Organic Contract and the Supply Contract Amendment have
been recommended by PRPA's Board of Directors and are deemed to be advisable by the Board for
the proper and efficient conduct of PRPA in performing its duties and in continuing to secure
financing for its electric generating plants, transmission lines and other facilities on advantageous
terms.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that it is in the best interests of the City for it
to enter into the Proposed Organic Contract and the Supply Contract Amendment because in doing
so the City makes the most efficient and effective use of its powers and responsibilities by
cooperating and contracting with other governmental entities.
Section 2. That the Proposed Organic Contract and the Supply Contract Amendment are
both hereby approved and the Mayor is hereby authorized and directed to execute on behalf of the
City the Proposed Organic Contract and the Supply Contract Amendment.
Section 3. That 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 4. That all ordinances,resolutions,bylaws and regulations of the City in conflict
with this Ordinance are hereby repealed to the extent only of any such inconsistency. This repeal
shall not be construed to revive any City ordinance,resolution,bylaw or regulation,or part thereof,
previously repealed.
Introduced, considered favorably on first reading, and ordered published this 7th day of
July, A.D. 1998, and to be presented for final passage on the 21st¢af-UfJuly, A.D. 19
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ATTEST:
City Clerk
Passed and adopted on final reading this 21st day ojMfy, A.D. 1998.
L'M4ayor
ATTEST:
City Clerk