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�
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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
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