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HomeMy Public PortalAboutOrdinance 475 Mountain Parks Electric Franchise Agreement TOWN OF FRASER ORDINANCE NO. 475 Series 2020 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO APPROVING A FRANCHISE AGREEMENT WITH MOUNTAIN PARKS ELECTRIC, INC., GRANTING TO MOUNTAIN PARKS ELECTRIC, INC. THE NON- EXCLUSIVE RIGHT TO MAKE REASONABLE USE OF TOWN STREETS, PUBLIC UTILITY EASEMENTS AND OTHER TOWN PROPERTY TO PROVIDE ELECTRIC UTILITY SERVICE TO THE TOWN AND ITS RESIDENTS; TO SELL AND DISTRIBUTE ELECTRIC UTILITY SERVICES WITHIN AND THROUGH THE TOWN; ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE FRANCHISE AGREEMENT; SPECIFYING THAT THE FRANCHISE SHALL BE EFFECTIVE UPON THE EFFECTIVE DATE OF THIS ORDINANCE AND FOR A TERM OF TWENTY (20) YEARS THEREAFTER; SETTING A FRANCHISE FEE OF 2% OF THE GROSS REVENUES OF MOUNTAIN PARKS ELECTRIC, INC. AS DEFINED IN SAID FRANCHISE AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT FOR AND ON BEHALF OF THE TOWN AND THE TOWN CLERK TO ATTEST THERETO; AND, SETTING FORTH OTHER DETAILS RELATED THERETO. WHEREAS, MOUNTAIN PARKS ELECTRIC, INC. ("MPEI") is the current operator of an electric power distribution system in the Town of Fraser; and WHEREAS, MPEI has applied to the Town for the grant of a franchise and approval of a franchise agreement, to extend and continue such electric power distribution system within the Town; and WHEREAS, the Town has determined that the financial, legal, and technical ability of MPEI is reasonably sufficient to provide services, facilities, and equipment necessary to meet the future electric power-related needs of the community; and WHEREAS, having afforded the public adequate notice and opportunity for comment, the Town desires to enter into a franchise with the MPEI for the construction and operation of an electric power distribution system on the terms set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, OF THE STATE OF COLORADO THAT: Section 1. Grant of Franchise. The Board of Trustees hereby grants a non-exclusive franchise to MPEI to operate an electric power distribution system in the Town of Fraser, pursuant to and subject to all terms, conditions and obligations contained in the Franchise Agreement in the form and content presented to and reviewed by the Board, which Franchise Agreement is incorporated herein by this reference. The Mayor and the Town Clerk are authorized to execute and deliver said Franchise Agreement on behalf of the Town. Section 2. Effective Date. This Ordinance and said Franchise Agreement shall take effect thirty (30) days after passage, adoption and publication of this Ordinance as provided by law, subject to said Franchise Agreement being fully executed by both the Town and MPEI. Section 3. Severability. All sections of this Ordinance and the Franchise Agreement incorporated herein shall be severable, and if any section, portion or provision of this Ordinance or the Franchise Agreement is declared or ruled illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, portion, or provision of this Ordinance or the Franchise Agreement shall remain in full force and effect. The Board of Trustees hereby declares that it would have passed this Ordinance and approved the Franchise Agreement and each part thereof irrespective of the fact that any one part be declared unconstitutional illegal, or invalid. Section 4. Repeal. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Publication. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 19th day of February 2020. Votes in favor: 7 OARD OF TRUST S OF THE Votes opposed: 0 TO ?V.-RASE COLORADO Votes abstained: 0 BY: Va (;of FR F� Phili Vandernail, Mayor SEAL ATTEST- ( SEAL IK 0o An oinette McVeigh, Town Clerk Published in the Middle Park Times on C a7, o� - 2 - CERTIFICATION The undersigned, Antoinette McVeigh, Town Clerk of the Town of Fraser, hereby certifies that the foregoing Ordinance was duly adopted by the Board of Trustees of the Town of Fraser on C 412020, upon second reading. Prior to adoption, said Ordinance was introduced an read for the first time at the Board meeting held on , 2020, and was published not less than two weeks prior to such second reading a d passage as required by law. Dated: eF I tivIV, Th Antoine e McVeigh, Town Clerk - 3 -