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HomeMy WebLinkAbout016 - 02/03/2009 - AUTHORIZING AN AMENDED AND RESTATED ORGANIC CONTRACT FOR PLATTE RIVER POWER AUTHORITY (POSTPONED IND ORDINANCE NO. 016, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN AMENDED AND RESTATED ORGANIC CONTRACT FOR PLATTE RIVER POWER AUTHORITY WHEREAS,the City is one of four member municipalities that have enter e into an organic contract establishing Platte River Power Authority ("Platte River"); and WHEREAS, the first such contract was entered into in 1975, a the contract was last amended by the execution of an"Amended and Restated Organic Contra Establishing Platte River Power Authority as a Separate Governmental Entity" dated July 1, 98 (the "Existing Organic Contract"), with a termination date of December 31, 2040; and WHEREAS, agenda items calling for approval of a "Amended and Restated Organic Contract Establishing Platte River Power Authority as a Se rate Governmental Entity" ("Interim Organic Contract")dated August 13,2008, were prepared or Council consideration on August 19, 2008 and such items were withdrawn from considerati on that date; and WHEREAS, a City Council work session ook place on October 28, 2008 to discuss the Interim Organic Contract dated August 13, 2008 and WHEREAS, City Council requeste evisions to the Interim Organic Contract that reflect Platte River's commitment to environme al stewardship and sustainability; and WHEREAS, the parties have ecently negotiated a proposed, updated agreement entitled "Amended and Restated Organic C ntract Establishing Platte River Power Authority as a Separate Governmental Entity" (the "Up ted Organic Contract"), a copy of which is on file with the City Clerk, dated January 28, 2009 hat includes the revisions requested by Council and the purpose of which is to replace and sup sede the Existing Organic Contract; and WHEREAS, t Updated Organic Contract, if approved by the parties, would amend the provisions of the E 'sting Organic Contract so as to: contain preamble statements and purpose /aed ts reflect' g Platte River's commitment to environmental stewardship and sustainability; e curre manner in which the parties conduct business; expand the kinds of services that ver I provide to Fort Collins; and obligate Platte River to assist Fort Collins in reaching a e energy requirements to develop products and services to improve the efficiency of transmission and use of electrical energy; bring current the dates of the terms of the d utilities directors ofthe member municipalities and allow such directors to attendandfully te in Platte River meetings by electronic teleconference; and extend the termination date of ting Organic Contract by ten years to December 31, 2050. POSTPONED INDEFINITELY ON FIRST READING NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FO COLLINS as follows: Section 1. That the City Council hereby finds that it is in the best interests the City to enter into the Updated Organic Contract, which agreement will supersede the Exis ng Organic Contract. Section 2. That the Updated Organic Contract in substantially th form on file in the office of the City Clerk and dated January 28, 2009, is hereby approved, a the Mayor is hereby authorized and directed to execute the same on behalf of the City. Introduced, considered favorably on first reading, and orde d published this 3rd day of February,A.D. 2009, and to be presented for final passage on the th day of February, A.D. 2009. ayor ATTEST: City Clerk Passed and adopted on final read' g on the 17th day of February, A.D. 2009. Mayor ATTEST: City Clerk POSTPONED INDEFINITELY ON FIRST READING