HomeMy WebLinkAbout035 - 03/25/1980 - RELATING TO THE PLATTE RIVER POWER AUTHORITY AND THE CITY'S ELECTRIC FACILITIES ORDINANCE NO 35 1980
OF THE COUNCIL OF THE CITY OF FORT COLLINS
PELATING TO THE PLATTE RIVER POWER AUTHOPITY AND
THE CITY'S ELECTRIC FACILITIES, AUTHORIZING
THE EXECUTION AND DELIVERY OF AN MENDED AND
RESTATED ORGANIC CONTRACT ESTABLISHING PLATTE
RIVER POWER AUTHORITY AS A SEPARATE GOVERNhENTAL
ENTITY AND AN AMENDED CONTRACT FOR THE SUPPLY OF
ELECTRIC POWER AND ENERGY, RATIFYING PRIOR ACTION,
AND DECLARING AN EMERGENCY
WHEREAS, the City Council has received, and there are also now on file
in the Office of the City Clerk, copies of a proposed amended and restated
organic contract establishing Platte River Power Authority as a separate
governmental entity and of a proposed amended contract for the supply of
electric power and energy, and
WHEREAS, the amended and restated organic contract establishinq
Platte River Power Authority as a separate governmental entity is a pro-
posed agreement among the Town of Estes Park ana the Cities of Fort Col-
lins, Longmont and Loveland, all in the State of Colorado ("(Municipali-
ties") , and
WHEREAS, the amended contract for the supply of electric power and
energy is an agreement between the City and the Platte River Poorer Author -
,ty ("Authority") , a separate qovernmental entity and political subdivision
of the State of Colorado, and being the successor to the now dissolved
Colorado non-profit corporation of the same name, and
4IHEREAS, such proposed amended contracts, in addition to other changes,
respectively extend the term of years thereof, and
WHEREAS, the amendments to the contracts are deemed to be advisable
for the proper and efficient conduct of the Authority 111 petforming its
duties and in continuing to secure financing for its electric generating
plants, transmission lines and related facilities on adv?ntageous terms
NOW, THEREFOPE, FE IT ORDAINED FY ThE COUNCIL OF 1HE CITY OF FORT
COLLIH`,
Section 1 That the City be, and it hereby is, authorized and direct-
ed to contract with the other Municipalities as set forth in the amended
and restated organic contract establishing Platte Piver Porer Authority as
a separate governmental entity
Section 2 That the City be, and it hereby is, authorized and direct-
ed to contract with the Authority ds set forth in the amended contract for
th- supply of electric po,,er and enerqy
Section 3 That the officers of the City as designated in each such
contract be directed to execute and deliver each such contract
Section 4 That all action heretofore taken by the City and its
officers in authorizing, executing and delivering the original organic
contract establishing Platte River Power Authority as a separate govern-
mental entity, as heretofore amended, and the original contract for the
supply of electric power and enerqy, between the City and the Authority,
and all action taken pursuant thereto, be and the same hereby is ratified,
approved and confirmed
Section 5 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 6 All ordinances, resolutions, by-laws and regulations of
the City in conflict with this ordinance are hereby repealed to the extent
only] of any such inconsistency This repealer shall not be construed to
revive any ordinance, resolution, by-law or regulation, or part thereof,
heretofore repealed
Section 7 By reason of the fact that the City and its inhabitants
must have a continuing source of electric power and energy and action must
be taken by the Authority at the earliest possible date toward the financ-
ing by the Authority of existing and proposed projects, an emergency is
declared to exist, this ordinance is declareo to be necessary for the
immediate preservation of the public peace, health and safety Therefore,
the City Council hereby determines that an emergency does exist requiring
the immediate passage of this Ordinance, and this Ordinance is, therefore,
enacted pursuant to Section 6 of Article II of the Charter of the City of
Fort Collins as an Emergency Ordinance and shall become effective upon its
passage
Introduced, considered favorably by members of the City Council
upon reading , finally passed as an Emergency Ordinance and o derea rub-
lished this 25th day of March A D 19U3
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