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HomeMy WebLinkAbout100 - 08/19/2008 - AUTHORIZING AN AMENDED AND RESTATED CONTRACT WITH PLATTE RIVER POWER AUTHORITY FOR THE SUPPLY OF ELE ORDINANCE NO. 100, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN AMENDED AND RESTATED CONTRACT WITH PLATTE RIVER POWER AUTHORITY FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY WHEREAS, on February 22, 1980, the City and Platte River Power Authori ("Platte River") also entered into a "Transmission Facilities Agreement" (the "Facilities Agr ment") to establish the parties' rights and obligations related to their respective electric syste acilities and to provide for shared use or lease of certain specified facilities; and WHEREAS, on March 31, 1980, the City also entered into a "Contr ct for the Supply of Electric Power and Energy" (the "Existing Supply Contract") with Platte iver Power Authority which establishes the terms and conditions of the City's purchase of elec 'c power and energy from Platte River; and WHEREAS, on July 21, 1998, the City Council approve an amendment to the Existing Supply Contract extending its termination date from December 2020 to December 31,2040;and WHEREAS, the City and Platte River have recent negotiated an updated "Amended and Restated Contract for the Supply of Electric Power and nergy"(the"Updated Supply Contract"), a copy of which is on file with the City Clerk, date ugust 13, 2008, the purpose of which is to replace and supersede the Facilities Agreement an the Existing Supply Contract; and WHEREAS,under the proposed Upd d Supply Contract,Platte River will continue to sell and deliver to the City, and the City will ntinue to purchase and receive from Platte River, all electric power and energy that the City quires for the operation of its municipal electric system; however, the City may also generate ower and energy for its own use from any new generation resource(s) owned and operated b e City provided that the City's total rated capacity does not exceed 1,000 kilowatts or one p cent of the peak load of the City, whichever is greater; and WHEREAS, the p posed Updated Supply Contract also: states that each party will be granted a revocable lice a to occupy the property of the other party as necessary to deliver and receive power and en gy under the Updated Supply Contract in accordance with specified terms regarding the use o certain facilities; allocates costs and maintenance responsibility for certain facilities; outline the process for the parties to engage in system planning; acknowledges Platte River's contra with the Western Area Power Administration("WAPA");requires, as a condition of the porch e of federally generated power,that the City comply with WAPA's "General Power Contract ovisions;" and amends the term of the Existing Supply Contract so as to extend its terrain on date by ten years to December 31, 2050. WITHDRAWN FROM CONSIDERATION NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FOR COLLINS as follows: Section 1. That the Council hereby finds that it is in the best interests of th City to replace and supercede the Facilities Agreement and Existing Supply Contract with t Updated Supply Contract. Section 2. That the Updated Supply Contract is hereby approved, d the Mayor is hereby authorized and directed to execute the same on behalf of the City in s stantially the form on file in the office of the City Clerk and dated August 13, 2008. Introduced, considered favorably on first reading, and ordered ublished this 19th day of August, A.D. 2008, and to be presented for final passage on the 2nd y of September, A.D. 2008. Ma r ATTEST: City Clerk Passed and adopted on final reading on e 2nd day of September, A.D. 2008. Mayor ATTEST: City Clerk / WITHDRAWN FROM CONSIDERATION