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HomeMy WebLinkAbout017 - 02/03/2009 - AUTHORIZING AN AMENDED AND RESTATED CONTRACT WITH PLATTE RIVER POWER AUTHORITY FOR THE SUPPLY OF ELE ORDINANCE NO. 017, 2009 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 Po er Authority ("Platte River") also entered into a "Transmission Facilities Agreement" (the " acilities Agreement") to establish the parties' rights and obligations related to their respective ectric system facilities and to provide for shared use or lease of certain specified facilities; and WHEREAS, on March 31, 1980, the City also entered nto a "Contract for the Supply of Electric Power and Energy" (the "Existing Supply Contract" with Platte River Power Authority which establishes the terms and conditions of the City's pur ase of electric power and energy from Platte River; and WHEREAS, on July 21, 1998, the City Co cil approved an amendment to the Existing Supply Contract extending its termination date fro December 31,2020 to December 31,2040;and WHEREAS, agenda items calling for pproval of an"Amended and Restated Contract for the Supply of Electric Power and Energy"(" terim Supply Contract")dated August 13,2008,were prepared for Council consideration on gust 19, 2008 and such items were withdrawn from consideration on that date; and WHEREAS, a City Counci work session took place on October 28, 2008 to discuss the Interim Supply Contract dated A ust 13, 2008; and WHEREAS, City Co cil requested revisions to the Interim Supply Contract that reflect Platte River's commitment t environmental stewardship and sustainability,and that call for the City and Platte River to condu future good faith negotiations regarding the City's interest in developing generation resources to erve its own City facilities if necessary; and WHEREAS the City and Platte River have recently negotiated an updated "Amended and Restated Contract or the Supply of Electric Power and Energy" (the "Updated Supply Contract"), a copy of whic is on file with the City Clerk, dated January 28, 2009, that includes the revisions requested by uncil,the purpose of which is to replace and supersede the Facilities Agreement and the Existing upply Contract; and EREAS,under the proposed Updated Supply Contract,Platte River will continue to sell and de ver to the City, and the City will continue to purchase and receive from Platte River, all elect c power and energy that the City requires for the operation of its municipal electric system; I POSTPONED INDEFINITELY- ON FIRST READING however,the City may also generate power and energy for its own use in City facilities/cacity generation resource(s) owned and operated by the City provided that the City's totaldoes not exceed 1,000 kilowatts or one percent of the peak load of the City,whichever WHEREAS, the proposed Updated Supply Contract also: states that eac parywe granted a revocable license to occupy the property of the other party as necessXy to deliver and receive power and energy under the Updated Supply Contract in accordance ith specified terms regarding the use of certain facilities; allocates costs and maintenance re onsibility for certain facilities; outlines the process for the parties to engage in system plann' g; acknowledges Platte River's contract with the Western Area Power Administration("WAP ); requires, as a condition of the purchase of federally generated power, that the City comply th WAPA's "General Power Contract Provisions;" and amends the term of the Existing Sup y Contract so as to extend its termination date by ten years to December 31, 2050. NOW, THEREFORE, BE IT ORDAINED BY TH COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereb rods that it is in the best interests of the City to replace and supercede the Facilities Agreemen and Existing Supply Contract with the Updated Supply Contract. Section 2. That the Updated S pply Contract is hereby approved, and the Mayor is hereby authorized and directed to execu the same on behalf of the City in substantially the form on file in the office of the City Clerk d dated January 28, 2009. Introduced, considered fa rably on first reading, and ordered published this 3rd day of February, A.D. 2009, and to be esented for final passage on the 17th day of February, A.D. 2009. Mayor ATTEST: City Clerk POSTPONED INDEFINITELY ON FIRST READING Passed and adopted on final reading on the 17th day of February, A.D. 2009. Mayor ATTEST: City Clerk POSTPONED INDEFINITELY ON FIRST READING